TERMS AND CONDITIONS

TERMS AND CONDITIONS

ADAM CAROLLA’S CAR GENIUS APPLICATION END USER LICENSE AGREEMENT

EFFECTIVE 5-17-2016

Acceptance.

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Adam Carolla Car Genius (“Car Genius”) governing your use of the services and software accessed on the Adam Carolla Car Genius mobile application and/or the related website located at www.cargeniusapp.com (collectively the “App”). The functions and services that are provided via the App are collectively referred to as the Services.

The Services are offered and provided by Adam Carolla’s Car Genius (“Car Genius”) subject to your acceptance without modification of all of the Terms contained herein. The Terms shall be deemed to include all other operating rules, conditions, policies and procedures that are referred to herein or that may otherwise be published by Car Genius, from time to time, via the App (collectively, Policies), including without limitation, the Privacy Policy.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTER FOR, DOWNLOAD, ACCESS OR USE THE SERVICES. DOWNLOADING THE APP, COMPLETING OUR REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS, WITHOUT MODIFICATION.

Definitions.

Parties.

“You” and “your” refer to you, as user of the App. A “user” is someone who accesses, browses, crawls, scrapes or in any way uses the App.

“We,” “us,” and “our” refer to Car Genius.

Content.

“Content” means texts, images, photos, audio, video, location data, and all other forms of data or communication. “User Content” means Content that you submit or transmit to, through, or in connection with the App, and information that you publicly display or that might be displayed in your account profile. “Car Genius Content” means the App and all content, materials, data and other information created by or for Car Genius (or its affiliates, licensors or Business Partners) and included in the App or transmitted from or by the App, except for Third Party Content. Third Party Content means Content that originates from parties other than Car Genius or its users, which is made available in connection with the App.

User Data.

“User Data” means all data and information that are provided by you during registration and subsequent use of the Services (including queries related to obtaining Vehicle Services), and all other data and information about you that are otherwise discerned or collected by, or on behalf of, Car Genius based on your access and use of the Services. For clarity, User Data includes, but is not limited to: browser or device type; operating system; time of day; identification of the page served and preceding page views; use of particular Services features or applications (such as, for example, viewing or responding to advertisements); registration data; vehicle information; geographic location; Vehicle Service histories.

Analytics.

“Analytics” means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from your use of the Services and User Data, which are developed in the aggregate with other data or which are developed in a manner that does not disclose your identity or User Data (unless in aggregated or anonymized form).

Updates.

Car Genius reserves the right, at its sole discretion, to update, modify or replace the Terms (including any Policy), in whole or in part, at any time. Car Genius will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings, via the App, e-mail or otherwise. In any case, you should periodically check the Policies and these Terms for changes. Continued access or use of the Service following any change to the Terms constitutes your acceptance of those changes.

Car Genius may modify, suspend or terminate the Services (including without limitation, the App), in whole or in part, at any time.

Eligibility.

The Services are intended by Car Genius to be made available to individuals who are 18 years or older. If you are under the age of 18, you should review these Terms with your parent or guardian to make sure that you or your parent or guardian understand the terms contained in these Terms. Car Genius will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Car Genius will take steps to remove such information and terminate that individual’s account, access and use of the Service.

Registration.

The Services may be accessed by downloading the App in the Google Play or iTunes store.

By way of illustration and not limitation, you may be required to provide the following information in order to establish your account and register for and use the Services: First Name, Last Name, Username (your email address) and password and certain permissions.

Vehicle Services.

The Vehicle Services includes the ability for users to view their vehicle’s maintenance schedule, locate a retailer to purchase vehicle maintenance products and to locate service centers to book appointments for related vehicle services (“Vehicle Services”).

Car Genius will provide offers within the App, and solicit offers on your behalf from retailers and service centers that are willing to provide your requested Vehicle Services.

For clarity, all Vehicle Services are provided by the service center and retailer, not Car Genius. Vehicle Services are not deemed to be within the scope of the Services offered and provided by Car Genius, and Car Genius (and its Business Partners as defined further below, other than the retailers and service centers) have no obligation or liability regarding Vehicle Services.

As a result of its limited role as an intermediary between you and the retailers and the service centers, Car Genius has no control over the quality, timeliness, price, guarantees, risks or damages related to Vehicle Services.

Therefore, you agree, in connection with any use of the Services resulting in the purchase of a vehicle maintenance product or the performance of Vehicle Services: (a) to release Car Genius (and its Business Partners, other than the retailers and service centers) and its affiliates, from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Vehicle Services (including any disputes arising therefrom); and (b) to attempt to settle any dispute directly with the retailer and the service center.

Fees and Payments.

Except as expressly provided otherwise in the Terms, each user is solely responsible for all of its costs and expenses related to the Services.

At this time, you may access and use the App without charge. In the future, Car Genius may decide to charge for the App or other features of the Services (or to change the price charged for such App or features), in which case you will be notified, via email or through the App, of that change. Should you elect to obtain any such fee-bearing App or feature, or continue using the Services at the price communicated in the notification, you hereby agree to pay all applicable fees, in the amounts, at the times and subject to any other conditions established for that App or feature. Such fees may be specified on a recurring basis (e.g., subscription or usage fees) or non-recurring basis (e.g., one-time fees). Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable, federal, state or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services. If you elect to not pay for the App or feature for which a payment will apply, as applicable, you will need to discontinue use of the applicable App or feature. Continued use of the App or feature once you have been notified of the fee change will be deemed acceptance of the applicable payment terms. Your right to use the App or feature may be terminated by Car Genius if you fail to comply with any applicable Terms or this Agreement.

Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. Car Genius assumes no liability or responsibility for the payment of any charges you may incur.

You are solely liable for the cost of Vehicle Services you receive. The price for Vehicle Services (including any applicable taxes) will be established by the applicable retailer or service center, as set forth in the offer you accepted (or as increased or decreased as a result of changes in the scope of Vehicle Services to which you and the retailer or service center has agreed).

Privacy Policy.

You represent that you have read and understood our Privacy Policy. You can find the Privacy Policy on the same directory of the App on which you found these Terms. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other governmental inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) to protect our rights, reputation, and property, or that of our users, affiliates, licensors, Business Partners, or the public. If you use the App outside of the United States, you consent to having your personal data transferred to and processed in the United States.

User Data and Analytics.

Car Genius collects, stores, processes and analyzes User Data and produces Analytics.

You hereby authorize Car Genius to use your User Data and to exploit Analytics in the manner and for the purposes described in these Terms, including without limitation: to use User Data to communicate with you; to include, copy, disclose, distribute, transmit and display User Data in communications that you have initiated via the App; to access, record, collect, copy, store, process, analyze and use User Data to provide the Services (including to solicit offers for Vehicle Services from retailers, service centers or sponsors); to develop, improve, extend and test the Services (and underlying technology platform); to design, develop and produce Analytics; and to disclose, distribute and transmit User Data and/or Analytics to third parties, including, but not limited to original equipment manufacturers, channel partners, retailers, service centers, advertisers, advertising networks, content distributors and other of Car Genius customers, service providers and business partners (collectively, Business Partners).

Car Genius utilizes Google Analytics, a web analytics tool that helps us understand how users engage with our Platform, so that we can review and improve our Services. Usage is tracked using Google Analytics in accordance with their Privacy Policy. However, if you do not want your data to be used by Google Analytics, you may opt-out by installing Google Analytics Opt-out Browser Add-on.

User Rules and Conduct.

The App and all other aspects of the Services are provided only for your personal, noncommercial use. Any unauthorized use of the Services (including without limitation, accessing any aspect of the Services for which you are not authorized, or any commercial use by you, such as, for example, reselling any App, Content or Vehicle Services) is expressly prohibited. You are solely responsible for all acts or omissions that occur under your account, username or password, including applicable User Content posted to or transmitted via the Services.

You acknowledge that some or all of the data being accessed through the Services on the App are owned by a third party and are licensed under these Terms solely for the purpose of providing the App and related Services to you. You may not use the data provided via the App for any purpose outside of the App itself. Your license to that data is personal to you and your access is licensed solely for non-commercial “Read Only” use. You are restricted from looking up licensed data for more than six (6) vehicles. Aside from the limited licensed noted above, the owner of the data reserves all right, title and interest in the data.

As a condition of use, you hereby promise not to use the Services for any purpose that is unlawful, or that is commercial in nature (such as, for example, raising money, or advertising or promoting any product, service, pyramid scheme or other venture) or that is prohibited by the Terms, or for any other purpose not reasonably intended by Car Genius. You agree to abide by all applicable local, state, national and international laws, regulations and rules.

App or other aspect of the Services, in any manner, that:

is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, pornographic, profane or which otherwise violates the Terms;
infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any person or entity;
reveals any confidential, proprietary or other information that you are required to keep secret, including without limitation, non-public information about any business;
discovers or reveals any personal information about another individual, including another person’s name, address, phone number, e-mail address, credit card information or any other information that could be used to track, contact or impersonate that person, unless such information has been provided by that person in any public communication or forum;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling;
imposes an unreasonable or disproportionately large load on Car Genius’s computing, storage or communications systems and networks, or attempts to gain unauthorized access to the App or other aspect of the Services (including the underlying technology platform), someone else’s User Data, accounts, computer systems or networks connected to the Services, through password mining or otherwise;
contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Car Genius or any Business Partner or other third party;
registers for or creates user accounts by any automated means or under false or misleading pretenses, including by the use of a false, misleading or disguised e-mail address;
harvests, scrapes or collects any information from the Services;
uses any script, bot or other automated means that only simulates compliance with the Terms or other requirement applicable to the Services;
disguises the source of User Content; or
impersonates any person or entity, including any employee or representative of Car Genius or any Business Partner.

Car Genius may, at its sole discretion, immediately suspend or terminate your access to the Services should your conduct fail (or appear to fail) to strictly conform to any provision of this section.

Car Genius has no obligation to monitor the Services or any user’s use thereof. However, Car Genius reserves the right at any time and without notice to monitor, review, copy, retain or disclose any information as may reasonably be necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including any inquiry from law enforcement).

Connections.

You may be able to obtain the App, and you may be able to link or communicate from the App to, websites owned and operated by retailers, service centers, channel partners, original equipment manufacturers, advertisers, or other Business Partners. These other applications, devices and websites are not operated or controlled by Car Genius, and you agree that Car Genius is not responsible for the availability, accuracy, legality, appropriateness or any other aspect of the content or function of such applications, devices and websites. Any such connection to or from the Services does not constitute or imply any guarantee or endorsement by Car Genius of that application, device or website or any association with its operators. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices and websites.

Advertising and Promotions.

The App may include advertisements and promotions for and offers from Car Genius, its Business Partners and other third parties. Advertisements may be displayed adjacent to or included with User Content, or may include User Content. You are not entitled to any compensation for any such advertisement or information. By subscribing to the App, you agree to allow Car Genius or its Business Partners to send you personalized messages, newsletters, offers or promotional communications by email.

Car Genius reserves the right, for itself and on behalf of its Business Partners, to deliver advertisements, promotions and offers to you in conjunction with your use of the App and to utilize your device’s processor and storage resources for this purpose. Advertisements, promotions and offers may be contextual, meaning they were selected for delivery to you based on criteria that are related to your use of the App (such as, for example, User Data like your current location or type of vehicle, or Analytics derived from your usage). At any time, you may elect to opt-out from receiving Periodic Communications from Car Genius or its Business Partners by following the unsubscribe instructions set forth in the Opt-Out provision under the Privacy Policy. Any opt-out that you provide regarding direct marketing communications will not apply to the delivery of advertisements. In addition, you may receive advertising and promotional information or offers as a result of responding to prompts or advertisements rendered by the Services.

Except for Vehicle Services, any and all of your dealings with advertisers and other third parties via the App, and your participation in promotions and offers, including the delivery of and the payment for goods and services, and any other terms, conditions, representations, warranties and remedies, associated with such dealings, promotions and offers, are solely between you and the applicable third party. Car Genius is not responsible or liable for any such dealings, promotions or offers.

Proprietary Rights.

The Car Genius Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Car Genius (and its applicable affiliates, licensors, members and Business Partners) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. The Third Party Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and the third party providing such Third Party Content shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Car Genius or a third party, as applicable, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Services, Car Genius Content, or Third Party Content. However, unless the Services states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Car Genius Content for your personal, noncommercial purposes; provided, that you retain all copyright and other proprietary notices contained therein. Your systematic retrieval of data or other Content from the Services to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Car Genius’s express prior written permission.

IMPORTANT: If you desire to access or use the App or any Content for any purpose other than personal, noncommercial reference, then you must first secure permission from Car Genius or third party owner of that Content.

Reproducing, copying or distributing any App, or any Content, or any design elements from the App, for any other purpose is strictly prohibited without Car Genius’s express prior written permission. Attempting to access or use the Services or Content for any purpose not expressly permitted in the Terms is prohibited.

License.

Provided you comply with all terms and conditions of these Terms, Car Genius grants you a revocable, limited, non-transferrable license to use the Services on any iPhone or Android phone that you own or control and as permitted by Usage Rules set forth in the App Store Terms and Conditions or the Google Play Terms, whichever is relevant.

Data Collection.

Data is uploaded by the user. Data captured includes registration data, vehicle information (Make, Model, Year, Mileage), Insurance Information (Insurance Carrier, Insurance Number, Insurance Phone), Insurance Card Information, My Reminders and Vehicle History. In addition the App mobile device information including IMEI and operating system Data collected from the Services may be viewed on the mobile device. No data will be collected once your program participation has ended. Upon ending your program participation, we further recommend you uninstall the Services from your mobile device.

Use of Information.

Car Genius gathers data from the App. Data may be retained indefinitely. We will not disclose or use data obtained from the App to resolve any claims you or another driver of your vehicle may make with Car Genius unless we receive a written request from you asking us to consider the data. Data collected from the App may be disclosed to third parties, as required by law, and may be deemed discoverable by third parties. Car Genius and/ or you may be legally required to provide the data to others and /or their legal counsel, and you should not expect to retain any privacy or confidentiality related to your use of the Services.

Cellular or Wireless Service.

The App transmits data via your wireless carrier or accessible Wi-Fi network. Car Genius is not responsible or liable for any data charges associated with the use of the App. The service may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to: app design, network coverage, government regulation, or other situations beyond Car Genius control.

Location-based Services.

The Services may transmit data regarding your GPS location. To the extent the GPS location feature is enabled, you may turn off Location Services for the Services and no data will be collected during this time.

Termination.

Car Genius may immediately terminate your access to all or any part of the App at any time, with or without cause, with or without notice. If you elect to terminate your registration and account, you may do so at any time by deleting the app from your mobile device.

Upon any termination, all rights and obligations of the parties under these Terms shall cease, and you shall immediately stop accessing and using the App, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of the Terms shall survive, (b) Car Genius may retain and use non-personally identifiable User Data and (d) the provisions of the section entitled Advertising and Promotions, and all following sections herein, shall survive. After termination, Car Genius has no obligation to maintain any User Data or User Content or to forward any unread or unsent messages to you or to any other user or third party.

No Warranties.

The APP IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE APP, CONTENT AND ALL OTHER ASPECTS OF THE SERVICES ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CAR GENIUS AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY VEHICLE SERVICES SHALL BE, IF AT ALL, ONLY AS EXPRESSLY AGREED BETWEEN YOU AND THE RETAILER OR SERVICE CENTER.

Limitation of Liability.

You agree that Car Genius (and its affiliates, licensors and Business Partners) shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or for any material or data sent or received or not sent or received through the Services. You agree that Car Genius (and its affiliates, licensors and Business Partners) shall not be responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any user or any user’s infringement of another’s rights, including intellectual property rights, rights of publicity or privacy rights.

IN NO EVENT SHALL CAR GENIUS (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE APP, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS YOU PAID TO CAR GENIUS FOR THE SERVICES OR US$100.00, WHICHEVER IS GREATER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAR GENIUS’S MAXIMUM LIABILITY FOR ANY CLAIM OR ACTION RELATED TO ANY VEHICLE SERVICES SHALL NOT EXCEED THE SERVICES FEE RETAINED BY CAR GENIUS FOR THE VEHICLE SERVICES GIVING RISE TO YOUR DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification.

You agree to (a) defend Car Genius, its affiliates, licensors and Business Partners, and their officers, directors, employees, contractors and representatives (Indemnitees) against any action or suit by a third party that arises out of any transaction or other dealings between you and any other user or Business Partner, your use or misuse of the Services, or your breach of any of your representations, warranties or covenants under the Terms and (b) indemnify the Indemnitees for liabilities (resulting from settlements or judgment awards), costs and expenses (including without limitation, reasonable attorneys’ fees) related to such claims. In addition, Car Genius reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with Car Genius in asserting any available defenses.

International Use.

You hereby expressly consent to the transmission, collection, storage, processing and use of your User Data, User Content and Analytics within, from and to the United States, in addition to the country where you are located (if not the United States). Car Genius makes no representation that the Services are accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Services is prohibited from territories where doing so would be illegal. If you access or use the App from other locations, then you do so at your own initiative and are responsible for compliance with local laws.

Governing Law; Arbitration.

A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Car Genius agree that any claim or cause of action arising out of or related to the App must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.

The Terms shall be governed by and construed in accordance with the laws of the state of California, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms.

Notwithstanding the foregoing, either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in California, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.

Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.

Integration.

These Terms (including the then current Policies) are the entire agreement between you and Car Genius with respect to access, use and operation of the App, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Car Genius with respect to the App. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

General Provisions.

Your rights and obligations under the Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Car Genius prior written consent. Car Genius may subcontract, delegate, assign or otherwise transfer any or all of its rights and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Services or Terms, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail.

Copyright and Trademark Notices.

Car Genius is the trademark of Adam Carolla Car Genius or its licensor. The names and logos of companies, products or services mentioned in the App may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Adam Carolla’s Car Genius and such owners.

All rights not expressly granted herein are reserved.

Copyright Policy – Notice of Claimed Infringement

If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Car Genius’ Designated Agent, and send:

By mail to Car Genius’s DMCA Registered Agent: Car Genius, Attention: DMCA Registered Agent, 5020 E. 2^nd St., Suite 205, Long Beach, California 90803.

By email: Copyright@cargeniusapp.com

Contact.

If you have any questions regarding these Terms or your dealings with the Services, please email us at terms@cargeniusapp.com or contact us at:

Car Genius
Attn: Terms
5030 E 2^nd Street
Suite 205
Long Beach, CA 90803