Revised September 22, 2016
SCOPE AND USE OF OUR SERVICE
You acknowledge and understand that we do not make or have any control over decisions, offers, products or Services from any of our Partners. Partners are solely responsible for decisions, offers, products or Services offered or granted to you. You further acknowledge and understand that we are not acting as your agent or broker and are not recommending any offer, product or service or any Partner to you. We do not endorse, authenticate, review, recommend, warrant or guarantee any offer, product or service from any Partner.
You agree that we are not liable for any damages or costs arising in connection with your use of any product or service from any Partner, including but not limited to any offer, product or service that is matched from the Site and any related Services owned and operated by us.
For any issue or dispute, you agree to contact us at email@example.com first and attempt to resolve the claim with us. You acknowledge and understand that all claims, controversies, disputes, allegations and legal complaints between you and us, our parents, owners, affiliates, subsidiaries, related companies, including but not limited to tort and contract claims, based on any federal, international, state or local statute, law, regulation, order, or ordinance, shall be resolved by final and binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Any dispute or controversy on any issue around arbitration will be determined by an arbitrator, not by the court. This arbitration contract is made pursuant to a transaction in interstate commerce and its enforcement, interpretation, application and proceedings hereunder shall be governed by the Federal Arbitration Act (“FAA”). Every party agrees that this Agreement and this arbitration contract are entered into at our place of business in Los Angeles County, State of California. The parties voluntarily and knowingly waive any right they have to have to a jury trial. The parties voluntarily and knowingly waive any right they have to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. All claims must be brought in the parties’ individual capacity.
You agree that any claim or cause of action arising out of or related to your use of our Site and Services must be filed within one (1) year after such claim or cause of action arose.
ELIGIBILITY AND PROHIBITED CONDUCT
You are only eligible to use our Service if you can form a binding contract with us and are in compliance with this Agreement and all applicable Federal, state, international and local laws, statutes, ordinances, rules and regulations. Further, you only have our permission to use our Services if you are:
1) over the age of 18,
2) you are using our Services for personal use and not for commercial purposes,
3) you do not copy any part of our Services,
4) you do not modify any part of our Services
5) you agree to all of the terms of this Agreement.
You are prohibited by this Agreement and must not
1) use any robot, spider, scraper or other system to access our Services for any purpose without our express written permission,
2) submit, transmit, upload or facilitate the communication or distribution of any information, software, data or content that misrepresents us or may cause damage to us or is illegal, harmful, abusive, vulgar, defamatory, invasive of personal or publicity rights, viruses, worms or other software agents, or contains material covered by someone else’s copyright, patent, trademark, trade secret or proprietary right through our Site or Services,
3) use our Site and Services to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any form of solicitation,
4) attempt to interfere with or compromise our technology system integrity or security, or decipher any of our transmissions or communications including from and to our servers, or conduct any actions that would impose an unreasonably large load to our service,
5) impersonate another person or conduct any action that would qualify as fraud,
6) in any way interfere with the proper working of our Site and Services, or bypass the measures we use to restrict access to any part of our Site or Services.
You understand that in order to access our Site and Services, you will need and have access to an email address and an internet connection.
Any and all intellectual property rights (“Intellectual Property”) associated with our Site and Services and its content are the sole property of Carpe, its affiliates, its subdomains, and its owners. “Content” means information, data, text, software, music, sound, photos, graphics, icons, videos, messages, tags, interactive features and any other materials related to our Site and Services. Our Content is protected by Copyright and other laws in both the United States and other countries to: Group Guru LLC, 1600 Main Street, #143, Venice, CA 90291. Elements of our Site and Services are also protected by trade dress, trade secret, unfair competition, and other relevant laws. Except as expressly authorized by us, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of our Site and Services in any way. We do not grant you any express or implied rights to our Intellectual Property or Content.
You are granted a limited, non-exclusive right, which we may revoke at any time, to create a hypertext link to the website found at www.Carpe.com or any related URL, however you must agree to the following:
1) You will not portray Carpe, its affiliates, agents, owners, third-party suppliers, or Partners in a false, misleading, offensive, derogatory or otherwise defamatory manner.
2) You will not replicate, modify or alter the appearance of any of our Site or Services.
3) You adhere to the terms in the Intellectual Property section of this Agreement.
4) You do not misrepresent your relationship with Carpe or imply that Carpe sponsors, endorses, or is affiliate with any other website, product or services without our express written persmission.
Any claim relating to our Site and Services shall be governed by the laws of the State of California, without regard to its conflict of law provisions, as they apply to agreements entered into and to be performed entirely within California between California residents.
You agree to indemnify, defend (if we request) and hold harmless Carpe, its affiliates, agents, third-party suppliers, owners or Partners from and against any claim, demand, losses, damages, and expenses (including reasonably attorney’s fees) arising from your use of our Site or Services, any Content, your violation of this Agreement or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of this Agreement and your use of our Site and Services.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, will Carpe, its affiliates, agents, third-party suppliers, owners or Partners be liable for any special, indirect, incidental, reliance, punitive, consequential or exemplary damages (including without limitation: damages arising from any legal dispute or unsuccessful court action, lost business, lost income, lost time, lost money) arising out of or relating to this Agreement that results from your use or your inability to use our Site and Services, even if we have been advised of the possibility of such damages. When applicable law may not allow the limitation of liability as described above, our liability and that of our affiliates, third-party suppliers, owners and Partners will be limited to the fullest extent of the law.
By your use of our Site and Services, you are agreeing to release and discharge Carpe, its affiliates, agents, owners, third-party suppliers and Partners and each of their respective agents, directors, officers, employees and all other related persons or entities from any and all claims, demand, causes of action, proceedings, liabilities, legal fees, costs, and any expenses of any kind or nature, whether known or unknown, arising out of or in any way connected with your use of our Site and Services.
Carpe may provide you with notices by e-mail, regular mail or our Site. Notices will be deemed given twenty-four hours after sent via our Site or e-mail, and three business days after date of regular mailing.
All notices to Carpe must be made in writing or e-mailed to:
1600 Main Street, Suite #143
Venice, CA 90291
Attn: General Counsel
Carpe makes no representation whatsoever about the results obtained from using our Site or Services or from reviewing any of the Content originating from our Site or Services. All of our systems, Site, technology, Content, Services, information are provided on an “as-is” basis. We, to the fullest extent permitted by law, disclaim all warranties, either express of implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-parties rights and fitness for a particular purpose. We make no warranties whatsoever about the accuracy, completeness, security or timeliness of the systems, Site, technology, Content, Services, information or our Partners through the use of our Site and Services.
Our Site and Services could include technical, calculation, typographical or photographic errors. We do not warrant that our Site or Services are accurate, complete or current. We may make changes to our Site and Services at any time, but we do not make a commitment to update them.
Carpe is not a credit repair organization or similarly regulated organization under other applicable laws, and is not offering such services or offering to sell such services for the express or implied purpose of affecting in any way your credit or credit score. You acknowledge and agree that you are not seeking to use or access our Site and Services in order to in any way impact your credit or credit score.
The offers, products or Services that appear and are referenced through this Site are from Partners from which Carpe receives compensation. This compensation may impact how and where products appear on this site, including, for example, the order in which they may appear and how they appear. However, this compensation facilitates certain Services from Carpe which are offered free of charge. Other factors, such as our own proprietary website rules and the likelihood of credit approval also impact how and where products appear on this site. Carpe does not include all financial services companies or all of their available product and service offerings.
None of the information or content on Carpe constitutes financial advice, and we encourage you to complete your own research around your own circumstances. Our content is not provided or commissioned by any Carpe Partner. Opinions expressed here are the author’s alone, not those of any Carpe Partner, and have not been reviewed, approved or otherwise endorsed by any Carpe Partner. We link to other websites, but are not responsible for their content or services. Carpe attempts to keep its information and tools and other Services as up-to-date as possible. However, any information available on the site may differ from what is currently offered from any Carpe Partner or by other financial services companies and service providers.
USER GENERATED CONTENT DISCLOSURE
You are solely responsible for any Content you post, upload, share or submit on our Site or Services, and the consequences of publishing or posting it.
If you post any Content, you allow us to make your Content available for others to view and use as part of our Site and Services without any additional required consent. In addition, you grant us worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute, display and perform your Content in connection with our Site and Services, in any media formats or media channels.
Any user-generated Content or any third-party Content on Carpe is not provided or commissioned by Carpe or any Partner. Content has not been reviewed, approved or otherwise endorsed by Carpe or any Partner.
Carpe and our Partners may choose to deliver services electronically. You agree to receive all notices, information and disclosures and to engage electronically with our Site, Services and Partners. We may communicate with you by sending emails to the email address provided as part of your Self-Reported Information. You agree that you are able to access and keep notices and information sent or made available to you electronically, and you meet certain minimum technical requirements as follows:
- Adobe Acrobat Reader 6 or higher
- Email access or Firefox version 1.5
- Ability to Print Internet Explorer 6 or higher
- Internet access with 128-bit encryption
- Netscape 8.04 and above
You may withdraw your consent to electronic delivery at any time by contacting us at Carpe.com, 1600 Main Street, Suite #143, Venice, CA 90291 or at firstname.lastname@example.org.
This Agreement shall survive termination or your refusal to continue use of our Site and Services.