Terms and Conditions
Last updated: December 2nd, 2019
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://evalauto.com/ website and EvalAuto mobile application (the "Service") operated by EvalAuto inc. ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our website and EvalAuto mobile application (the "Service").
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
In the event of a contradiction between specific provisions of these Terms and a written contract between you and EvalAuto inc. (the “Parties”), the specific provisions of the written contract shall prevail over those of the Terms.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or EvalAuto inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting EvalAuto inc. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide EvalAuto inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize EvalAuto inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, EvalAuto inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
EvalAuto inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by EvalAuto inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, EvalAuto inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
EvalAuto inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
EvalAuto inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
More specifically, you acknowledge that any partial use of the Service on your part, for any given month, does not give rise to a refund.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree not to (i) duplicate, create derivative work, decompile, reverse engineer or otherwise modify our Service or any material or content therein, (ii) sell, distribute, rent, license, sublicense, transfer, distribute, assign or otherwise commercialize the Service whether in part or in whole, (iii) use the Service for malicious, illegal or illicit purposes, and (iv) transfer data containing software viruses or other codes, files or dangerous computer programs.
You agree to fully cooperate with us in order to end any and all uses of the Service that are not in compliance with the present Terms. You also agree that we have audit rights over relevant metadata and logs to verify that your use of the Service complies with these Terms.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
Subject to your compliance with the present Terms, we shall make all commercially reasonable efforts to make the Service available at all times, with the exception of (i) scheduled downtime communicated with a reasonable prior notice, and (ii) any downtime caused by circumstances beyond our reasonable control, including superior force.
You have the right to access improvements made to the Service which we may, at our sole discretion, perform by adding, modifying or removing components from the Service at any time and without notice.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You shall keep confidential all intellectual property, data, information, products, designs, know-how, programs, or intelligence, whether in machine-readable or visually readable form, business information, potential clients, market data and other business analysis and any other information, which is confidential and proprietary to us. (“Confidential Information”) and which may be provided under these Terms.
The Service and any improvement, including but not limited to text, images, graphics or code are our property, whether or not protected by patent, copyright, trademark or industrial secret. You hereby assign and waive all rights in any and all suggestion, idea, improvement request, feedback, recommendation or other information provided by you or your representative regarding the Service and any improvement.
You may display and copy, download or print portions of the results generated through your legitimate us of different areas of the Service.. Any other use is strictly prohibited and may violate patent, copyright, trademark and other laws. These Terms do not grant you a license to use otherwise any intellectual property belonging to us or our affiliates. You further agree not to use, change or delete any proprietary notices from results downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by EvalAuto inc..
EvalAuto inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that EvalAuto inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limitation of Liability and Absence of Warranty
Our’s maximum liability, whether in contract, indemnity, warranty, tort or otherwise, arising out of or in connection with the Service shall not exceed the price you paid for use of the Service over a maximum period of one (1) year.
In no event shall we be liable to you or any other person or entity for unintended, incidental, punitive, special or consequential damages (including, but not limited to, loss of profit, use or data) arising out of or otherwise relating to the use or performance of the Service or any components or parts thereof.
The Service is provided “as is” and we disclaims all warranties, express or implied, statutory or otherwise, as to its accuracy, validity, compatibility, legality, performance, security, accuracy or otherwise.
We make no representation or warranty of any kind whatsoever with respect to the usefulness, quality or marketability of our Service or the effects which may result from their use. We shall not be liable for the warranties, representations, undertakings or any other obligations given or assumed by you toward any party whomsoever with respect to the manufacturing, promotion, distribution, use or sale of any products following your usage of our Service.
You undertake to defend, hold harmless and indemnify us, our parent corporations, subsidiaries, directors, managers, employees and agents against all claims, requirements, costs, damages, losses, responsibilities and third party expenses issued by third parties in relation to the use of the Service or breach of these Terms by you or your representatives.
We shall defend, hold harmless and indemnify you against all claims, requirements, costs, damages, losses, responsibilities and third party expenses issued by third parties in relation to any breach by us of these Terms.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service. You may not assign or transfer your rights under these Terms without our prior written consent.
The present Terms will be binding upon, inure to the benefit of, and be enforceable by and against the beneficiaries and successors of each Party. No failure or delay on the part of either Party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or future exercise thereof or the exercise of any other right or remedy granted hereby or by law. This agreement shall not be construed as constituting a partnership or joint venture between the Parties.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.