Terms and Conditions
By using the I-CAR website ("Site"), you agree to the following terms and conditions of use ("Terms") and assume total responsibility and risk for your use of this Site and any services contained herein. If you do not agree to these Terms, you should immediately discontinue use of this Site.
You also acknowledge that content on this Site, including these Terms, may change at any time, without any obligation on the part of I-CAR to notify you of such changes. It is your responsibility to review these Terms for any changes. Your use of the Site following any amendment or modification of these Terms will signify your assent to and acceptance of its revised Terms. If you have any concerns regarding these Terms, please contact I-CAR directly.
This Site is to be used for lawful purposes only. Use of the Site to access, transmit, communicate, deliver, or store of any information, data, content, or material in violation of any federal, state, or international regulation or law (including material protected by copyright, trademark, and confidential information) is strictly prohibited. You may not use the content or features available at the Site for any commercial purpose without permission from I-CAR.
USING THE SITE AND YOUR ACCOUNT
In order to access some content and features available at Site, including the content and features of myI-Car, you need a user account. You agree that you will provide accurate and complete information for your user account, that you will not impersonate a third party in your communications with I-CAR, that you will only submit information about yourself, and that you will otherwise comply with these Terms, including the Submissions section of this Agreement. You may never use another's account. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the I-CAR website.
You are solely responsible for the activity that occurs on your account, and you must keep your user account, username, and password secure. You must notify I-CAR immediately of any breach of security or unauthorized use of your account. I-CAR reserves the right to terminate your access to the Site at any time, without prior notice and at its sole discretion, for any reason, including violations of these Terms.
You understand that you have no ownership rights in your account or other access to the Site or features therein. I-CAR may cancel your account and delete all information associated with your account, including any materials you may have submitted to I-CAR, at any time, and without notice, for any reason, including if I-CAR deems that you have violated these Terms, the law, or for any other reason. I-CAR assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP
All rights, title and interest in and to the information, data, photographs, graphics, videos, trademarks, service marks, logos, and other material (collectively, the "I-CAR Content") available at the Site, including, without limitation, any copyrights in or to the I-CAR Content, belong to I-CAR and its content providers or their licensees, and is protected in the U.S. and internationally under trademark, copyright, privacy, and other intellectual property laws. "I-CAR" and all other trademarks, service marks, trade names and logos of I-CAR appearing on the Site are the property of I-CAR. All uses of such marks shall inure to the benefit of I-CAR and the use of I-CAR’s marks in conjunction with any other logos or marks shall not create a unitary or composite mark. I-CAR's trademarks, service marks, trade names and logos may not be used without I-CAR's permission.
The I-CAR Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, without I-CAR's permission. Any unauthorized use of the I-CAR Content may be a violation of federal, state, or international law subject to criminal and civil penalties. By visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any I-CAR Content, available at the Site. You agree not to display or use any I-CAR Content in any manner, or for any commercial purpose, without permission from I-CAR.
If you submit material intended for display on this Site, you agree not to submit any content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, or otherwise injurious to I-CAR or third parties. You further agree that you will not include personal information about third parties, or infringe the privacy rights of third parties; and that you will not submit materials that consist of or invoke malicious software code, consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you impersonate any person or organization, including the personnel of I-CAR, nor will you post any content that contains a business solicitation.
All materials you submit to I-CAR become the property of I-CAR and may not be acknowledged. You hereby grant to I-CAR a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat any materials in which you may be deemed to continue to hold any ownership right as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising.
By using this Site, creating a myI-CAR account, and otherwise posting or submitting content to I-CAR, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary.
You agree that you will not submit any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Site. If you violate this Agreement and submit unsolicited materials, ideas, suggestions or creative concepts, ("Unsolicited Information"), such Unsolicited Information shall be deemed by I-CAR to be, and shall remain, the property of I-CAR, and I-CAR shall be entitled to unrestricted use of such Unsolicited Information for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Unsolicited Information shall be subject to any obligation of confidence, and I-CAR shall not be liable for any use or disclosure of any Unsolicited Information.
The I-CAR Gold Class Professionals designation is awarded to those businesses that have distinguished themselves by achieving a high level of training in collision repair. These businesses must re-qualify for the designation annually. I-CAR is not responsible for the conduct or the quality of repairs of any business or their employees that may have earned or displays the I-CAR Gold Class Professionals logo.
The Platinum Individual program was created to recognize individuals in the collision industry for achieving a high level of technical training through I-CAR and Industry Training Alliance members. To maintain the designation, individuals must re-qualify annually. I-CAR is not responsible for the conduct or the quality of repairs of any business or their employees that may have earned or displays the I-CAR Platinum Individual logo.
DISCLAIMER & LIMITATION OF LIABILITY
I-CAR strives to ensure that the information contained in this Site is accurate and reliable. However, neither I-CAR nor the World Wide Web (or Website Host) is infallible, and errors may sometimes occur. Therefore, I-CAR HEREBY NOTIFIES YOU THAT THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR CONTENT THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL I-CAR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL I-CAR BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND I-CAR'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL I-CAR'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that any reliance on the Site or any content will be at your own risk. I-CAR also makes no representations regarding the amount of time that any content will be preserved. I-CAR may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors or users. In no event shall I-CAR be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You acknowledge that I-CAR may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without prior notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that I-CAR will have no liability to you if this Site is discontinued or your ability to access the Site or content available at this Site is terminated.
The Site has created a privacy statement setting forth how information collected about you is collected, used and stored. Your use of the Site constitutes acknowledgement and agreement with our Privacy Statement. You further acknowledge and agree that the Site may use your personal information in the manner described in our Privacy Statement.
THIRD PARTY WEBSITES
You agree to indemnify and hold I-CAR, its parents, subsidiaries, officers, employees, agents, licensors, representatives, and third-party providers to this Site harmless for any claims, damages and, expenses, including reasonable attorneys' fees and costs, related to violation of these Terms or unlawful or abusive behavior, including the infringement of any intellectual property or privacy rights of any person, or any violations thereof by your dependents.
Both you and I-CAR acknowledge and agree that no partnership is formed and neither of you nor I-CAR has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and I-CAR, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and I-CAR regarding the use of the Site.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Illinois. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Although I-CAR will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of I-CAR or others due to such unauthorized use. If I-CAR fails to act with respect to your breach or anyone else's breach on any occasion, I-CAR is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between you and I-CAR relating to the Site, and replace any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.
By using this Site, you understand that these Terms constitute a binding Agreement between you and I-CAR.