These Terms of Use (“Terms”) of CartStars Inc. (“CartStars,” “we,” “us” or “our”) apply to all contents and information available within https://cartstars.com/ and all other websites and mobile applications we operate from which you are accessing these Terms (the “Service”).
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION AND ACCEPT THE TERMS SET FORTH HEREIN. IF YOU ARE NOT AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OR DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SERVICE.
BINDING ARBITRATION. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND CARTSTARS MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CARTSTARS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW THE ARBITRATION AGREEMENT SECTION BELOW FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH CARTSTARS.
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Service after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Service.
The Service, and the information, files, documents, text, photographs, images, audio, and video which it contains, and any material made available for download on the Service (collectively, the “Content”) are the property of us or our licensors, as applicable. The Service and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
CartStars grants you a limited license to access and make personal use of the Service subject to these Terms. The Service and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of CartStars.
You may register an account on the Service. You agree that the information you provide to us during the registration process and at all other times when you use the Service is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that CartStars has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, CartStars has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You are the sole authorized user of any account you create through the Service and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. CartStars will not be liable for losses, damages, liability, expenses, and fees incurred by CartStars or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Except with respect to personally identifiable information, which we will collect, use and disclose in accordance with our Privacy Policy, CartStars will have no obligations with respect to any and all material, information or other communication you submit, transmit, upload or post to this Service including any recommendations for certain vendors, questions, responses to questions others post, insights, videos, ideas, comments, suggestions, feedback, data, images, sounds, text or the like (“User Content”). You hereby assign to CartStars all intellectual property rights, including any moral, publicity and privacy rights you have in any User Content. By submitting the User Content to CartStars, you agree CartStars is free to use the User Content, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, CartStars and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the User Content for any and all commercial or noncommercial purposes anywhere in the world.
You are responsible for the User Content you post to the Service and must be compliant with applicable laws, rules and regulations when posting such User Content. You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to post the User Content on the Service, including all consents and permissions from any individuals who are the subject of any User Content.
In submitting User Content through the Service, you agree you will not:
CartStars reserves the right, but has no obligation, to refuse to post, block or remove User Content from the Service for any reason in our sole discretion. CartStars may terminate your access to or use of the Service or your account to prevent further posting or distribution of User Content.
Any use or reliance on any posts made by other users or third parties on the Service (“Third-Party Posts”) is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Posts or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Third-Party Posts that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are deceptive. All Third-Party Posts are the sole responsibility of the individual who originated such Third-Party Posts. We may not monitor or control the Third-Party Posts and we are not responsible for the content of such Third-Party Posts.
All information shared by the CartStars community is made available to you on the condition that you maintain the information in strict confidence. You must keep all Third-Party Posts confidential and not disclose the information contained in Third-Party Posts except for your internal business purposes or as required by law.
The Service may contain Third-Party Posts or advertisements sponsored by CartStars’ partners, including advertisements regarding events. You may be able to participate in such events, but participation is not guaranteed. CartStars’ partners may have additional terms and conditions you may be subject to when participating in such events.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Service or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Service:
All reviews, ideas, comments, suggestions, feedback you submit to us about the Service (“Feedback”) will be considered non-confidential and non-proprietary. Except with respect to personally identifiable information, which we will collect, use and disclose in accordance with our Privacy Policy, CartStars will have no obligations with respect to the Feedback. You hereby assign to CartStars all intellectual property rights, including any moral, publicity and privacy rights you have in any Feedback. By submitting the Feedback to CartStars, you agree CartStars is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, CartStars and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the Feedback for any and all commercial or noncommercial purposes anywhere in the world.
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY CARTSTARS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARTSTARS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND THIRD PARTY POSTS.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CARTSTARS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES’ BE LIABLE FOR ANY INDIRECT, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY CONTENT INCLUDED ON THE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND THIRD PARTY POSTS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, INCLUDING BUT NOT LIMITED TO THIRD PARTY POSTS, ANY LINKED SITE OR ANY SERVICES USED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE, ANY USER CONTENT, THIRD PARTY POSTS AND ANY SERVICES USED BY YOU THROUGH THE SITE WILL NOT EXCEED ANY FEES PAID BY YOU TO US FOR ACCESS AND USE OF THE APPLICABLE SITE, USER CONTENT, THIRD PARTY POSTS, AND SERVICES. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims arising in connection with your use of the Service or any services used through the Service must be brought within one (1) year of the date of the event giving rise to such action occurred.
You agree to indemnify, defend and hold harmless us and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from your use of the Service, your posting of any User Content, any violation by you of these Terms or from our termination of your access to or use of the Service or your account. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, our Service, services offered through our Service, your account or any purchase you make from us will be resolved by binding arbitration, rather than in court, except that you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act (“FAA”) and federal arbitration law shall apply to this arbitration agreement. If the FAA is found not to apply to any issue that arises under this section or the enforcement of this arbitration agreement, then that issue shall be resolved under the laws of the State of California. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to 1180 San Carlos Avenue, Suite 104, San Carlos, CA 94070 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period.
The arbitration will be conducted by JAMS under its then current and applicable Comprehensive Arbitration Rules & Procedures, and where applicable its Mass Arbitration Procedures and Guidelines, unless otherwise stated herein. JAMS’ rules and a form for initiating arbitration proceedings are available on the JAMS website at https://www.jamsadr.com/.
If you are a prevailing party, you may seek reimbursement of your fees and costs. However, we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel.
You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum) shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum), and JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum) shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process. The Administrative Arbitrator’s fees shall be paid by us. This arbitration agreement will survive termination of the agreement.
Enforceability. If this arbitration agreement is invalidated in whole or in part, by either a court or by JAMS, then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court. The parties agree that the exclusive jurisdiction in the Governing Law; Jurisdiction section shall govern the claim.
Jury Trial Waiver and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each acknowledge and agree that we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.
Class Action Waiver. Regardless of forum, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.
Our Service may contain links to third-party websites and online services. Any access to and use of such third-party websites or online services is not governed by our Privacy Policy or these Terms but is instead governed by the privacy policies and terms of use of those third-party websites or online services, and we are not responsible for the information practices of such third-party websites or online services.
These Terms shall be governed by the laws of California without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the State of California to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under the Arbitration Agreement section above.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Service and any Service-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Service (including your User Content), block your access to the Service, block IP addresses.
If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
If you have any questions, comments or notices regarding these Terms, please contact us at team@cartstars.com.