BIZZYCAR TERMS OF USE
Welcome to the BizzyCar Site (the “Site”). Our Site is provided by BizzyCar, Inc., a Delaware corporation ("BizzyCar", or “we” or “us” or “our”) to provide information about our AI-driven Automated Service Recall Management Platform and the services we offer to franchise and independent dealers, OEMs, fleet operators, and vehicle owners and all other interested visitors to our Site (“you” and “your”).
These Terms of Use explain how you may use the Site and what you may and may not do when using the Site. You do not have to provide any information to us in order to use our Site; however, you must comply with these Terms of Use. If you request a demo, you will need to provide your email and possibly other personally identifiable information in order for us to assist you, in which case, our Privacy Policy will apply. Please see our Privacy Policy for more information.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OUR SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO ABIDE BY THEM.
Ownership and Intellectual Property Rights
We are the sole owner of our name and logo, and certain text, graphics, and other content published on our Site (“Our Content”), the underlying technology, including source code, that we have used to develop our Site (“Our Technology”), and all intellectual property rights ("Intellectual Property") associated with and arising from Our Content and our Technology. Our Site also displays text, graphics, names, logos, information and materials owned by our dealers, OEMs, and other third parties (“Third Party Content”). Our Content and the Third Party Content is collectively referred to in these Terms of Use as “Site Content”. All of the Site Content and Our Technology is protected by United States and international copyright, trademark, and/or other intellectual property laws, as applicable. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any manner any of the Site Content. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Our Technology.
You may print off one copy and download extracts of any Site Content for your personal reference or internal business use only, provided you keep intact all copyright and other proprietary notices.
You must not modify the paper or digital copies of any Site Content that you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must include our copyright notice on any copies you make of the Our Content.
Changes; Discontinuance of Site
We endeavor to regularly update our Site and the Site Content, but we are under no obligation to do so. The look, structure, functionality, and Site Content may be changed from time to time. We may suspend your access to the Site or portions of the Site, and we may discontinue the Site entirely at any time as we deem necessary in our sole and absolute discretion.
Prohibited Uses
You may use our Site only for lawful purposes. You may not use our Site:
- in any way that breaches any applicable law or regulations;
- in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm any individual in any way;
- to use or re-use any Site Content in violation of these Terms of Use;
- to cause us liability;
- to introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- in any way that interferes with, damages, or disrupts any part of our Site, any equipment or network on which our Site is stored, our Technology or any other software used in the provision of our Site, or any equipment or network or software of any third party.
Warranty Disclaimers
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, OR LOST OR UNAVAILABLE NETWORK CONNECTIONS, ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL FOUNDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
Links to Third Party Websites
Our Site may contain links to other websites and resources provided by third parties. These links are provided for your information only. If you use these links, you will leave our Site. We have not reviewed the content on any third party websites, we have no control over the content displayed on any third party websites, and we accept no responsibility for the content displayed on any third party websites. We do not endorse or make any warranties or representations about these third party websites, or any products or services offered by any third parties through any third party websites. If you decide to access any third party websites linked to our Site, or purchase any products or services from any third parties, you do this entirely at your own risk.
Governing Law
These Terms of Use and any disputes concerning this document’s construction, interpretation, performance and/or validity, shall be controlled and construed under the laws of the State of Missouri as if performed within the state and without giving effect to the principles of conflicts of laws.
Binding Arbitration
At BizzyCar’s or your election, all disputes, claims, or controversies arising out of or relating to these Terms of Use that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted according to the rules of the AAA (American Arbitration Association). Unless otherwise agreed by the parties, arbitration will be held in St. Louis, Missouri before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator, and will be conducted in accordance with the rules and regulations promulgated by the AAA . The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Updates to Terms of Use
We may revise these Terms of Use at any time by amending this page of our Site and indicating the most recent version by the date at the top. We will endeavor to place a notice on our Site indicating that changes have been made to these Terms of Use; however, you are expected to check the date of these Terms of Use to take notice of any changes we made, as they are binding on you.
Entire Agreement
These Terms of Use constitute the entire agreement between us and you with respect to your use of the Site, and supersede all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.
Additional Information; Contact
If you have any concerns about these Terms of Use or any Content which appears on our Site, please contact us at: 1 (844) 636-4595 or at hello@bizzycar.com
Thank you for visiting the BizzyCar Site.