Terms of Service
In The Car, LLC (herein referred to as the 'In The Car,' 'we,' 'us' or 'our') makes available its website www.InTheCar.com (the 'Web Site') and In The Car Mobile Application ("App") in order provide you with information regarding our products and services. All use of the Web Site or App are subject to the terms and conditions contained in this Terms of Service (the 'Terms').
Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Web Site the App, or our products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Web Site. These Terms of Service along with our Privacy Policy explain how we provide our products and services, collect, hold, and process your information, and govern your access to and use of our products and services, including any content, functionality and services offered on or through the Website. If you do not want to agree to these Terms of Service or the Privacy Policy, you may not use our Web Site, App, products, and services. 'You' and 'your' means the person accessing the Website or App and thereby accepting these terms and conditions.
You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the 'Terms of Service' link on the Web Site. The revised terms and conditions will become effective at the time of posting. Any use of the Web Site, App, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Web Site, App, products, or services. We will not be liable if for any reason all or any part of the Web Site, App, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Web Site, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Web Site, App, products, or services and ensuring that all persons who access the Web Site, App, products, or services through your internet connection are aware of and comply with these Terms of Service.
PLEASE NOTE THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT THAT GOVERNS HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT (SEE "DISPUTE RESOLUTION" SECTION BELOW). THIS MEANS THAT DISPUTES BETWEEN YOU AND US MUST BE HANDLED BY INDIVIDUAL ARBITRATION IF YOU OR WE ELECT, AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, USE A JURY, OR BE PART OF A CLASS ACTION. YOU CAN OPT OUT OF THIS PER DISPUTE RESOLUTION" SECTION BELOW.
Use of the Web Site
Web Site Content
This Web Site contains material, including but not limited to software, text, graphics, and images (collectively referred to as the 'Content'). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Web Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
Trademarks
The trademarks, service marks, and logos of the In The Car (the 'In The Car Trademarks') used and displayed on this Web Site are registered and unregistered trademarks or service marks of the In The Car. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by third parties (the 'Third-Party Trademarks', and, collectively with the In The Car Trademarks, the 'Trademarks'). Nothing on this Web Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the prior written consent of the In The Car specific for each such use. The Trademarks may not be used to disparage the In The Car or the applicable third-party, the In The Car's or third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the In The Car's prior written consent. All goodwill generated from the use of any In The Car Trademark shall inure to the In The Car's benefit.
User Restrictions
You agree not to: (a) take any action that imposes an unreasonable load on the Web Site's infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site, (4) delete or alter any material posted on the Web Site by the In The Car or any other person or entity, or (5) frame or link to any of the materials or information available on the Web Site.
Certain elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by In The Car. None of the Content for this Web Site may be retransmitted without the express written consent from the In The Car for each and every instance.
External Links
The Web Site contains links to third-party web sites ('External Sites'). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
Copyright Complaints
The Digital Millennium Copyright Act of 1998 (the 'DMCA') provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Web Site should be sent to the In The Car at:
In The Car, LLC
PO Box 1021
Alpharetta, GA 30009
Email: Admin@itsinthecar.com
User Content Transmitted Through the Web Site
With respect to the content or other materials you upload through the Web Site (collectively, 'User Content'), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant In The Car and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Web Site or otherwise in connection with In The Car's business purposes. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service ('Submissions'), provided by you to In The Car are non-confidential and In The Car will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that In The Car may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of In The Car, its users and the public.
Accessing and Using the App/Product/Services
You agree that your access and usage of the App will comply with all applicable federal, state, and local laws, including the California Consumer Privacy Act of 2018, the General Data Protection Regulation (GDPR), and the California Privacy Rights Act (CPRA), and any industry guidance that may be applicable.
1. When you download our App, you may do so through a third party's app store to your mobile device solely for your own business commercial use to access and use our products and services. Subject to your acceptance of these Terms of Service and other agreements between you and us, we hereby grant to you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the App only in the United States, foreign countries where we offer our products and services, and certain third party or other platforms accessible through the Services. We are offering the App to use for your own business purpose, but you should be aware that you cannot send it on to anyone else, and you are not allowed to copy or modify any part of the App or our trademarks in any way. You are also not allowed to use any robot, spider, crawl, scraper, or other automated means to use or access the App. You agree to only use the App on a device or product that runs the operating system for which the App was intended and in compliance with the applicable app store's terms of service or its equivalents. You acknowledge that these Terms of Service are between you and us and not the applicable app store. We may stop providing the products, services, or the App, and may terminate use of it at any time without giving notice of termination to you. Upon termination, the rights and licenses granted to you in these terms will end.
2. To use the App, you must provide your own access to an active internet connection via a wireless network and pay any cellular or data service, communication, use, access, and connection fees as may be applicable with such network access. The connection can be Wi-Fi or provided by your mobile network provider, but we cannot take responsibility for the full functionality of the App if you do not have access to the internet. If you are using the app outside of Wi-Fi, the terms of agreement with your mobile network provider will still apply. Data and/or roaming charges may apply.
3. To access our products and services, you may be asked to provide certain registration details or other information and create a user account, with a username and password. We may set standards for your username and password. It is a condition of your use of our products and services that all the information you provide is correct, current, and complete, and you agree to maintain and update your user account information, if any, as soon as possible as it changes. The App stores and processes personal data that you have provided to us so that you can conduct business with us. We may require security and authentication procedures for access and additional authentication controls for certain transactions. It is your responsibility to keep your phone and access to the App secure, including protecting your username and password, if any. If a password is created, we recommend that you change it regularly, and select a unique username and password combination for use only with our products and services. You must notify us immediately if you suspect fraudulent activity on your account, the App, or the products and services.
4. Products and services may not be available in all states or countries.
5. Copyright Complaints. The Digital Millennium Copyright Act of 1998 (the 'DMCA') provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the App should be sent to the In The Car at:
In The Car, LLC
PO Box 1021
Alpharetta, GA 30009
Email: Admin@itsinthecar.com
Privacy
We are committed to protecting your privacy. Your access to and use of the Web Site or App is also subject to the In The Car's Privacy Policy located at inthecar.com/privacy-policy.