Terms & Conditions
Last Updated: November 30, 2021
By creating an account on or otherwise using the Service, or accessing any content or material that is made available by Carmmunity through the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please immediately discontinue use of the Service. Your access to and use of the Service, and any account you establish in connection with the Service, is conditioned on your compliance with these Terms. If Carmmunity, in its sole discretion, determines you have failed to comply with any of these Terms, it shall have the right to terminate your access to and use of the Service and any associated account(s) therewith immediately and without notice.
Please note that some features of the Service may be provided under additional and separate legal agreements. If that is the case, when you first participate in or use those Service features, you will be provided an opportunity to review and agree to the terms that govern those Service features. If there is a conflict between these Terms and the specific terms of service for a particular Service feature, the specific, applicable terms will apply.
Carmmunity reserves the right to change or modify these Terms or any policy or guideline incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies from time to time to understand the terms and conditions that apply to your use of the Service.
You must be at least eighteen (18) years or older to use the Services, if you are not at least eighteen years of age, you may not make an account or use the Services.
2. Use License
The Services, Site and all content on the Site, including, without limitation, the Carmmunity logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are the property of Carmmunity and are protected by U.S. and international copyright , trademark laws, patent, and other intellectual property laws.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Carmmunity Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
“Carmmunity” any Carmmunity logo, and any other product or service name or slogan displayed on the Site or Services may be trademarks of Carmmunity and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Carmmunity or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “Carmmunity” or any other name, trademark or product or service name of Carmmunity without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Carmmunity and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Carmmunity names or logos displayed on the Site or through the Services are the property of their respective owners.
The materials on Carmmunity Inc.’s website are provided on an ‘as is’ basis. Carmmunity Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Carmmunity does not represent or warrant that the Services or Carmmunity’ services are free of viruses or other harmful components. Carmmunity makes no representation or warranty regarding uptime for the Services.
Further, Carmmunity Inc. does not warrant or make any representations concerning the accuracy, completeness, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Carmmunity reserves the right to change any and all of its content contained on the Site on any Services offered at any time without notice to you.
In no event shall Carmmunity Inc. or its suppliers, officers, directors, consultants, service providers, or contractors be liable for any damages (including, without limitation, indirect, consequential, or special damages; damages for loss of data or profit; or due to business interruption) whether in contract, tort (including but not limited to negligence) or otherwise arising out of the use or inability to use the Services in any way including without limitation any damages, loss or injury caused by or resulting from reliance on any information obtained from Carmmunity, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Carmmunity’ records, programs or services, even if Carmmunity Inc. or a Carmmunity Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
THE AGGREGATE LIABILITY OF CARMMUNITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SERVICE, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CARMMUNITY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICE.
You agree to defend, indemnify and hold harmless Carmmunity, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to the Service, including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the user customer content, the information supplied to you by Carmmunity, the conduct of your health care provider, your conduct, your violation of these Terms, or your violation of the rights of any third party.
Carmmunity Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Carmmunity Inc. of the site. Carmmunity makes no representations or warranties regarding third party websites, and use of any such linked website is at the user’s own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or application to which you navigate from the Site.
6. User Content
Some features of the Service may include functionality enabling you to post content, such as profiles, notes, messages, photos, links, and videos (“User Content”) that may be made available to Carmmunity and/or other users of the Service. Carmmunity has the right to refuse any User Content. You agree that Carmmunity, at its sole discretion, has the right to screen, reject, or remove any User Content, or any portion thereof, posted using the Service that infringes Carmmunity’s or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable. Carmmunity reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. Carmmunity has the right to suspend or terminate the Service at any time without preserving your User Content.
In using the Service, you agree not to post any User Content that (a) is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (f) contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; (g) in the sole judgment of Carmmunity, may expose Carmmunity to any harm or liability of any type; or (h) harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
7. Charges and Billing
Carmmunity charges a fee for certain products and program services associated with the Service. You must provide a valid credit card number when you order a Carmmunity product or service. You represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the Service ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes (other than taxes on Carmmunity income). We reserve the right to accept or reject orders or subscriptions for any reason. Price and availability of products and services are subject to change without notice (unless you have purchased an ongoing subscription to a Carmmunity product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription).
Carmmunity may offer paid service plans which provide for ongoing services over a specified period of time (for example, quarterly, annually, etc.). Any such plan shall automatically renew at the end of the stated service period (and again at the end of any subsequent renewal period) at the then-current renewal price until cancelled. Without limiting the foregoing terms and conditions, the initial service period for a given service plan shall commence on the date Carmmunity releases your initial results and recommendations and shall continue thereafter for the applicable service period.
Carmmunity offers a full refund for Carmmunity products in the amount of the actual purchase price paid to Carmmunity, provided that the order is cancelled within 24 hours of the purchase. No refund will be available if Carmmunity determines, in its sole discretion, that the user has violated any of these Terms. Qualifying refunds will be issued within 30 days of the refund request date.
Except as described above, Carmmunity does not offer any refunds for its products or services.
8. Governing Law; Dispute Resolution
You and Carmmunity agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Terms or the breach of either, or arising out of or relating to the Site and/or the Services shall be resolved exclusively by arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA’s Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Terms or, injunctive or other appropriate relief may be sought from any court specified in the next Section (Applicable Law and Venue). The place of arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action, or proceeding related in any way to the Site or Services be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section (Arbitration) is held by a court or arbitrator to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified to comply with such provision and the remainder of this Section shall not be affected. The decision of the arbitrator shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” means all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees and attorneys’ fees.
These Terms are governed by and construed in accordance with the laws of Minnesota and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location without resort to its conflict of law provisions.. You agree that with respect to any disputes or claims between us not subject to arbitration (as set forth above), shall be filed only in the state or federal courts located in Hennepin County, Minnesota and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
9. Copyright Policy
Carmmunity respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Carmmunity will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing in connection with the Site and Service is:
Carmmunity Inc. Legal Department
607 Washington Avenue South
Minneapolis, MN 55415
Phone: (612) 454-0684
Email: [email protected]
If any of these Terms should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
12. Force Majeure
If the performance of the Services or any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.
13. Entire Agreement
You may not assign these Terms without the prior written consent of Carmmunity, and any such assignment without such consent shall be void and of no effect. Carmmunity may assign these Terms at any time to any party.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Carmmunity.