Terms & Conditions
Carmatic.com and the mobile and other applications and products and services owned and operated by Carmatic, Inc.
companies that deliver targeted advertisements to consumers and generate statistics and metrics related to the delivery of internet-based advertisements.
technologies, such as cookies, local shared objects, pixels and web beacons, used to automatically collect information about your actions and your visit to our site, and includes all current and similar future technologies, including anonymous advertising identifications used on mobile devices and otherwise in a manner similar to cookies.
also called “online behavioral” or “interest-based” advertising and is advertising that is customized based on predictions generated over time from your visits across different websites, devices and mobile applications.
personally identifiable information about an individual, such as an individual’s name, address, telephone number, and/or email address.
Personal information collected from you at registration, such as your name, email address, mailing address, telephone number, user name and password. The registration information we collect may vary, but we only collect the registration information that you manually enter into our forms.
“Third party service providers”
Entities that have contracted with Carmatic to provide services to or on behalf of Carmatic.
Information we collect and how we use it
1. Automatic Collection of Information
Carmatic gathers information from your computer or handheld or mobile device when you visit our site, whether you register for an account with us or not. We encourage you to register with us to take advantage of Carmatic’ many personalization features. However, you may choose not to register and take advantage of features of our site where registration is not required. You may still use the site, but some of the features and functionality may be limited or not available. If you do not register, then the information we collect from you is limited to the information described below.
Anytime you visit our site, we collect your IP address to help diagnose problems with our server, administer our site and track site usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access our site through an “always-on” type of Internet connection (e.g., cable modem or DSL), or through a dial-up connection (e.g., AOL or Earthlink). Either way, it would be extremely difficult for us to identify you through your IP address by itself, and we make no attempt to do so. We also collect information on whether you reached our site by clicking on a link or advertisement on another site, which helps us to maximize our Internet exposure, and to understand the interests of our users. We also collect information on your ISP or mobile carrier and the type of handheld or mobile device you used. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors.
We may partner with advertising networks, which may use information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for us and other advertisers. We may also act as an advertising network and use information collected through a variety of Data Technologies while you are on our site and elsewhere where we may be acting as a third party. This data collection takes place both on the site and on third-party’s websites and mobile applications. This process allows Carmatic and third parties to deliver targeted advertising, enhance marketing programs and help track the effectiveness of such efforts. Advertising networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising in accordance with their privacy policies.
We do not provide information that is directly associated with a specific person (such as name and address) to any advertising network when you interact with or view a customized advertisement. However, when you view or interact with an advertisement, the advertiser may make an assumption that you are interested in the subject matter of the advertisement.
Some companies disclose when they are using interest-based advertising programs on the site to deliver third-party ads or collecting information about your visit for these purposes and give you the ability to opt-out of this use of your information. You may see an icon in or around third-party advertisements on the site that use interest-based advertising programs and on pages where data is collected and used for online interest-based advertising. Clicking on this icon will provide additional information about the companies and data practices that were used to deliver the ad. You can opt out of delivery of targeted advertising to you by Carmatic and by multiple other companies by visiting: www.aboutads.info/choices and www.networkadvertising.org/managing/opt_out.asp. We also partner with Amazon to deliver advertisements, and you can opt out of delivery of targeted advertising to you by Amazon by visiting www.amazon.com/adprefs. Please note that even if you opt out, you will continue to receive advertisements, but they will not be tailored to your specific interests.
We, our third party service providers, our advertising networks, car dealers and/or advertisers on our site also use Data Technologies, as follows.
Local Shared Objects or “Flash Cookies”
“Local shared objects,” sometimes known as “Flash cookies”, may be used by entities who advertise on our site to store your preferences or display content based upon what you have viewed on various websites or mobile applications to personalize your visit. To control your use of Flash cookies, visit Adobe’s website at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html for tools to control and disable Flash cookies. If you use Firefox, you can also obtain an add-on to detect and delete Flash cookies by visiting https://addons.mozilla.org/en-US/firefox/addon/betterprivacy/ and clicking “Add to Firefox”.
A “web beacon,” also known as an “Internet tag”, “pixel tag” or “clear GIF”, links web pages to web servers and their cookies. We and our third party service providers may use web beacons to understand site usage, help customize our content, offer advertisements on the site, personalize your experience on the site, analyze trends, and for other purposes related to management and administration of the site, as well as in emails we send to you to notify us that the email was opened.
Applications and Widgets for Social Media
2. Information Collected Upon Registration, Requests to be Contacted, and Use of Our Private Transaction Services
Information Collected When Requesting to be Contacted by a Car Seller
If you want to be contacted by a particular car seller, both that seller, as the case may be, and Carmatic may collect personal information provided by you through the text and chat functionalities that we provide and on the contact forms on our site, which may include your name, email address, postal code, and telephone number, so that the seller can contact you or so that we can email you to request that you submit a dealer review. We may also use information you provide on the contact form to provide you with information on special offers, products or services that we think may be of interest to you and/or to contact you to collect your feedback on Carmatic and/or the business partners you contact through our platform to help us improve our user experience.
Additional Information Collected When Using Our Private Transaction Services to Buy or Sell A Vehicle
If are an individual user (and not acting on behalf of a car dealer) and you want to use our services to buy or sell a vehicle, we and/or our third party service providers may collect information provided by you in connection with that transaction, for example to create your vehicle listing, to verify vehicle ownership, to verify funds, to process payment, to populate purchase and sale documents, and to provide user support. We may collect this information in forms on our site, forms on third party sites made available from our site, or from a picture of your ID that you upload. This information may include your name, address, email address, telephone number, driver’s license number, date of birth, the last four digits of your social security number, and bank account and routing number.
Information Collected When Registering with Carmatic; Subscribing
If you choose to register with us, you’ll be able to add content to our site (subject to Carmatic’ site Terms and Conditions of Use). For example, you may post your own car reviews and participate in our discussion forums. In addition, you will benefit from the ability to personalize your Carmatic site experience. The benefits of registering will increase over time as we get to know you better and introduce new features. We encourage you to register so that you can experience everything that Carmatic has to offer!
If you register with us, in addition to the information collected that is described above, we will also collect registration information. We may store all or some of that information in a cookie file on your hard drive, so that our system will recognize you each time you visit our site. In that way, we can save your preferences from visit to visit and present you with a customized site, without requiring you to log into our site every time you visit.
Once you register, we may also use registration information to periodically contact you with news or important information about your account; to provide you with information on special offers, products or services that we think may be of interest to you; to communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions; or to request your feedback on our site. When you subscribe to receive specific information or services on our site, we may use subscription information to provide you with information on special offers, products or services that we think may be of interest to you; or to communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions.
You may opt-out of any or all future marketing communications or notifications from Carmatic or a car seller, dealer or manufacturer by emailing firstname.lastname@example.org or clicking on the unsubscribe link we place at the footer of every email we send that is not in response to an action taken by the user.
Cancelling Your Carmatic Registration
You can cancel your registration with us by e-mailing cancel@Carmatic.com, or by placing your email address in the subject of the e-mail. We will send you an e-mail to confirm your request. After we receive confirmation, we will remove your information from our active database, but some information may remain in our database and/or archives for our own corporate recordkeeping and as required to comply with law. As a practical matter, given the number of car sellers we will not be able to remove your information from car sellers databases, if we have transmitted any information to them.
3. Information Collected From Other Sources
We may acquire or obtain information from other sources as follows:
From other trusted third-party sources to update or supplement the information that you provide or that we collect automatically. This includes, for example, vehicle registration information and other information from public databases, private database, or data aggregators.
From our partners and service providers (including, for example, business partners, analytics vendors, advertising networks and search information providers).
We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with the site, target our communications so that we can inform you of products and services or other offers that may be of interest to you, provide private purchase and sale transaction services, fraud prevention, and for internal business analysis or other business purposes.
4. How your personal information is shared and accessed.
Except as set out below, we may aggregate personal information from all of our users and provide that information in the aggregate to car sellers and manufacturers and advertisers, for marketing and promotional purposes. However, if we do so, that information will be anonymized so as not to be personally-identifiable.
We may share information about you, including personal information, with our corporate affiliates, who will use it in accordance with their privacy policies.
b. Car Sellers and Manufacturers /Requests.
With your express consent, Carmatic may sell personal information to car sellers and manufacturers who may use that information for purposes of marketing their products or services to you directly.
When you request services beyond those directly available from us, we may provide your personal information to car sellers and manufacturers. For example, should you request a price quote for a new car, your personal information will be distributed to car sellers and manufacturers.
Car sellers and manufacturers may use your personal information to respond to your requests for information or provide further information about products and services that they believe will meet your continuing needs. Your personal information will be subject to their privacy policies, and you should contact them directly for more information about their specific privacy and opt-out policies. By submitting a request for such information through us, you consent to our transmission of your personal information to the car sellers and/or manufacturers that we, in our sole discretion, believe may be able to provide such services.
c. Service Providers.
We may allow third party service providers (such as market research firms, marketing services providers, advertising agencies, and payment processing partners) access to your personal information to perform services on our behalf. We contractually require our service providers to provide protection for personal information and to limit the use of such information solely for the purpose of providing the specified services on our behalf.
d. Other Providers of Products and Services.
We may allow other third party providers of products and services (for example financing providers) to access personal information that you voluntarily provide on our site so that such providers can provide products and services to you. We contractually require such providers to provide protection for personal information and to limit the use of such information for the purpose agreed to by you when submitting such personal information on our site. By submitting personal information on our site in connection with receiving products and/or services from these providers, you (i) consent to our transmission of your personal information to such providers, (ii) understand that your personal information will be subject to their privacy policies, and (iii) understand that you should contact them directly for more information about their specific privacy and opt-out policies.
e. Legal Authorities.
Carmatic will cooperate with legal authorities, and may in some circumstances be required to disclose personally identifiable information in response to requests from law enforcement authorities, or in response to a subpoena or other legal process. We can also share information about you if we believe we must in order to (a) prevent a violation of the law; (b) protect or defend our interests and the legal rights or property of Carmatic and our affiliates; (c) protect the rights, interests, safety and security of users of the site or members of the public; (d) protect against fraud or for risk management purposes; or (e) comply with prudent legal practice as we may determine, and applicable law or legal process. We may also share information about you in the course of legal proceedings if we are legally required to do so, if we reasonably believe that doing so may mitigate our liability, or if doing so will assist us in enforcing our legal rights. We also may share your information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, and in the unlikely event of bankruptcy.
5. Storage of Personal Information.
Your personal information is stored on servers in the U.S. Also, some of our service providers may store information in servers hosted in countries different from where you reside. As such, your personal information may be subject to the laws of other countries, where the data protection and other laws may not be as comprehensive as your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities in the countries in which we operate.
6. Publicly-Posted Information.
Your profile on Carmatic will be publicly viewable and identifiable via your screen name. Carmatic will not share your email address with any other members nor display it any public manner. If you choose to participate in our member-to-member communications programs, you may be contacted by other Carmatic members, using Carmatic as an intermediary. All Carmatic members will have the option to turn off the member-to-member communication features at any time.
When you submit your e-mail address and/or phone number to a particular seller through the Carmatic site, you agree to being contacted by the seller by various means, including by phone at the number provided, text message, email, automatic telephone dialing system and/or an artificial or prerecorded voice.
Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.
By using the site, you consent to our automatic collection of information that does not personally identify you about your visit to our site, whether you register with Carmatic or not.
8. How you can review and update your personal information.
You can review and update the personal information you have provided through the registration process by visiting https://www.Carmatic.com/privacy. Or, to request an accounting of how your information has been used or disclosed, or to make a complaint or ask a question, you can also contact us at:
307 Glen Cove Road
Greenvale, NY 11548
9. Security – Steps we take to protect your personal information.
Carmatic has implemented commercially reasonable administrative, technical, personnel, and physical security measures designed to help protect the personal information stored in our systems against loss, theft and unauthorized use, disclosure or modification. For example, we limit access to personal information about you to employees who we believe reasonably need to come into contact with that information. We also employ processes (such as password hashing, login auditing, and idle session termination) to protect against unauthorized access to your personal information. Technical measures also include use of firewall protection and in some instances may include encryption technology. Although we take reasonable precautions to assess the reliability of such technology, we rely on the statements of the vendors of those products and services as part of its security evaluation. Please note that although Carmatic has endeavored to create a secure and reliable Site for users, the confidentiality of any communication or material transmitted to/from the Site, and the security of your personal information, cannot be guaranteed. Carmatic urges you to take every precaution to protect your personal information when you are on the Internet.
10. Cancellation Policy
You may cancel your contract for the lease or purchase of your vehicle, without any penalty or obligation, within three days from the date that a copy of an executed contract is received by you. To cancel a contract, mail or deliver a signed and dated copy of your written notice, to Carmatic Inc. at 307 Glen Cove Road, Greenvale, NY 11548, not later than midnight of the third day following your receipt of a signed contract.
11. Data Retention
12. Your New York Privacy Rights
New York Civil Code Section 1798.83 entitles New York users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. New York users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us using the contact information above.
13. Children’s Privacy
Our site is not intended to be used by children.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The Carmatic.com website (the “Site”) is owned and operated by Carmatic, Inc. (or “Carmatic”). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”), and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. Carmatic may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.
Use of Carmatic Listings
Carmatic includes a vehicle listing and information service. The information on vehicles provided through these services and on the Site is supplied by third parties; Carmatic is not responsible for the accuracy of such information. Carmatic provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Prices and Payments may not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old.
Information about a particular vehicle is supplied by the seller, not by Carmatic, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy.
CARMATIC MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES ON OUR SITE. CARMATIC DOES NOT OWN, INSPECT, BUY, OR SELL ANY VEHICLES. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE IS BETWEEN THE BUYER AND SELLER ONLY. CARMATIC DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE (LEASE, FINANCE OR CASH DEAL) ON OUR SITE.
All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom Carmatic has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. Carmatic is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.
Certain transactions may use Carmatic’s online payment processing services, where Carmatic manages receipt of payments on behalf of dealers (such management described herein as “managed payments” or similar references). For vehicles offered for sale on the Platform by sellers using managed payments accounts, such vehicles may be paid for using certain payment methods that Carmatic may in its sole discretion make available, and Carmatic will manage settlement of the payment to sellers. The contract for sale underlying the vehicle purchase is directly concluded between seller and the buyer in the same manner as for transactions for which Carmatic does not manage payments.
Carmatic may use different third-party payment service providers to assist in providing the managed payments experience, including companies that process payments, perform risk assessments or compliance checks, verify identity and validate payment methods.
By completing purchases from sellers who use managed payments, buyers authorize Carmatic to initiate payments using the buyers’ selected payment method and collect the transaction amounts on behalf of sellers. BUYERS AGREE AND UNDERSTAND THAT CARMATIC HAS BEEN APPOINTED AS AN AGENT OF SELLERS WHO USE MANAGED PAYMENTS FOR THE LIMITED PURPOSE OF ACCEPTING SUCH PAYMENTS ON BEHALF OF SELLERS. Accordingly, payments received by Carmatic from buyers satisfy buyers’ obligations to pay sellers in the amount of payments received.
If you are a buyer completing a purchase from a seller that is using managed payments:
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, high risk or potential violation of any Carmatic policies, or a policy of one of Carmatic’ third party payments services providers.
- You may dispute a transaction or seek returns or cancellations for vehicle purchases in the same manner as you would for transactions for which Carmatic does not manage payments.
- You agree not to reverse, stop or otherwise interfere with the processing of a managed payment once it is initiated via the Platform. Please contact concierge@Carmatic.com if you have a managed payment issue.
- You agree to the credit card payment processor terms and conditions.
- You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that Carmatic has no control over, or responsibility or liability for, such fees or actions.
Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein (“Site Content”) is owned by or licensed to Carmatic, Inc., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2020, Carmatic, Inc., all rights reserved. Carmatic also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Carmatic, the Carmatic Logo, and all other marks displayed on this site (the “Trademarks”) are registered and/or common law trademarks of Carmatic and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of Carmatic or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the Carmatic’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other Carmatic’ intellectual property, or assist any third party in doing so.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site (“Interactive Areas”). If Carmatic provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of Carmatic.
By using any Interactive Areas, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:
- Any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content (“Content”) that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
- Content that 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, foreign, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of Carmatic, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Carmatic or its affiliates or its users to any harm or liability of any type.
You further agree that you will not attempt or do any of the following:
- Interfere with or disrupt the Site or our computer systems, servers, or networks;
- Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
- Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Carmatic and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Carmatic and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant Carmatic the right to pursue at law any person or entity that violates your or Carmatic’ rights in the Content or breaches of these Terms and Conditions.
Carmatic takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is Carmatic liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Carmatic is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although Carmatic has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Carmatic reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Carmatic’ systems and customers, or to ensure the integrity and operation of Carmatic business and systems, Carmatic may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
Rights to User Content
Content submitted by users will be considered non-confidential and Carmatic is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, Carmatic reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. Carmatic is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to Carmatic. Carmatic shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Carmatic or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of Carmatic and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release Carmatic, and its licensees, successors and assigns, from any claims that you could otherwise assert against Carmatic by virtue of any such moral rights.
Grant of License; Use Of The Site
Carmatic grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked “© 2020, Carmatic, Inc., All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by Carmatic; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Carmatic. To request permission, you may contact Carmatic as follows:
- By electronic mail to: legal@Carmatic.com
- Or by regular mail to:
Attention: Operations Team
307 Glen Cove Rd
Greenvale, NY 11548
You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by Carmatic with or of you or any third-party entity, person, product or service unless express written permission has been given by Carmatic in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
CARMATIC, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND CARMATIC, INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. CARMATIC, INC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. CARMATIC DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT CARMATIC, INC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
LIMITATION OF LIABILITY
YOU USE THE SITE AT YOUR OWN RISK AND NEITHER CARMATIC, INC., ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, CARMATIC ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF CARMATIC IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.
YOU AGREE TO INDEMNIFY CARMATIC AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
Links To Other Sites
Digital Millennium Copyright Act Compliance
Carmatic complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 Carmatic to locate the material;
- Information reasonably sufficient to permit Carmatic to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- 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
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached as follows:
Attention Operations Team
307 Glen Cove Rd
Greenvale, NY 11548
Applicable Law and Jurisdiction
The Site (excluding links to third-party sites) is owned and controlled by Carmatic, and operated by Carmatic from its offices in and around Greenvale, NY. While Carmatic has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States and in other countries. Each of these places has laws that may differ from those of New York and from each other. You and Carmatic both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and Carmatic explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the State of New York, without regard to its conflicts of law principles. You agree that all claims you may have against Carmatic arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned “Dispute Resolution – Mandatory Arbitration and Class Acton Waiver.” If you chose to access this Site from locations other than Nassau County, New York, you will be responsible for compliance with all local laws of such other jurisdiction.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- Binding Arbitration
Except as specifically stated herein, any dispute or claim between you and Carmatic arising out of, or relating in any way to, the Terms and Conditions, the Site, content, or your use of the Site or the Interactive Areas (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Nassau County, New York. By virtue of this Arbitration Agreement (defined below), you and Carmatic is each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section). The provisions of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall constitute your and Carmatic’ written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and Carmatic. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection 5 below of this DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section and submit the Dispute by utilizing the forms available at http://www.adr.org , and simultaneously sending a copy of the completed form to the following address: Attn: Director of Legal, Carmatic, Inc., 307 Glen Cove Rd, Greenvale, NY 11548. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Nassau County, New York, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America).
- No Class Action Matters
We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.
- Choice of Law and Forum; No Jury Trial
If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Nassau County, New York; (b) you and Carmatic irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and Carmatic agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of New York, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and Carmatic agree to waive any right to a trial by jury.
- Injunctive Relief
- Time Limitations
If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Carmatic has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Carmatic is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Carmatic shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Modifications to the Site
Carmatic may change, restrict access to, suspend, or discontinue any aspect of the Carmatic.com service or the Site at any time, including availability of any feature, database, or content. Carmatic may also impose limits on certain features and services or restrict your access to all or parts of the Carmatic.com web site without notice or liability. Carmatic may remove any review from the Site if Carmatic determines, in its sole discretion, that the review may be false or fraudulent.
Carmatic reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to Carmatic’ attention and that Carmatic considers unacceptable or inappropriate, whether for legal or other reasons.
You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.
This agreement may not be assigned by you without the prior written consent of Carmatic. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Carmatic may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of Carmatic, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights