ItsCarma is a private social network and service that provides its users with a platform to send helpful alerts to other users related to parking and other car-related issues using ItsCarma’s specialized messaging application. We use “ItsCarma” here to refer to the ItsCarma website, web app, and our iOS and Android apps (also referred to as our “Services”). We also use “ItsCarma”, “we”, “us” and “our” to refer to the companies operating our Services.
The Services are operated and provided to you by ItsCarma, LLC, 867 26th Avenue, San Francisco, CA, 94121.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
You may not share your account PIN (personal identification number) with anyone else or allow someone else to use your registered account.
Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.
You may not use our Services if: (a) you are a resident of the United States and are under sixteen (16) years old; (b) we previously disabled your account for violations of our terms or policies; or (c) you are prohibited from receiving our Services or platform under applicable law. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this Agreement on your behalf and that you are fully able and competent to enter into this Agreement.
We need your help to enforce these eligibility requirements. If you believe that a registered user does not meet these eligibility requirements, you may report your concerns to us at firstname.lastname@example.org. ItsCarma reserves the right to refuse registration to any person or household and to suspend, delete, or deactivate your account or limit your privileges at any time, without liability to you.
At ItsCarma, we believe that neighborly behavior is the foundation of ItsCarma’s services. This Agreement includes our Community Guidelines on appropriate use of ItsCarma.
In using the Services and its user messaging and alert features, you, and not ItsCarma, are responsible for your own decisions and actions. Accordingly, to the maximum extent permitted by law, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such actions. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to or inappropriate for minors. You can find more information about parental controls by reviewing the system preferences, settings, and help documentation for your computer or mobile device.
If you download and install the ItsCarma iOS or Android app, we give you a limited, revocable, non-transferable license to use it only to access and use ItsCarma on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.
ItsCarma and its employees and contractors do not accept, review, or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content, or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content, or creative materials (all of the foregoing “submissions”). Please do not send or provide any submissions in any form to ItsCarma or any of its employees or contractors.
The purpose of this policy is to avoid potential misunderstandings or disputes when ItsCarma’s products, services, technologies, advertising, promotions, marketing strategies, or content might seem similar to submissions provided to ItsCarma. If, despite our request that you not send us your submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your submissions.
You agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of ItsCarma, without any compensation to you; (2) ItsCarma may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for ItsCarma to review the submissions; and (4) there is no obligation to keep any submissions confidential.
ItsCarma does, however, welcome your feedback regarding many areas of ItsCarma’s existing business. If you want to send us feedback, we request that you use the form located at itscarma.com/contact. Please provide only specific feedback on ItsCarma’s existing products, services, and marketing strategies using that form; and do not send or provide any submissions other than using that form.
Any feedback you provide at this site will be deemed to be non-confidential and not proprietary. ItsCarma will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.
If you have a dispute with ItsCarma, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
To the extent applicable to you, this Agreement includes the terms of our Community Guidelines. This Agreement constitutes the entire agreement between you and us with respect to our Services, and supersedes any other agreements or understandings (oral or written). We can amend this Agreement and any additional terms by notifying you of the changes (for example, by sending you a text message or by posting a notice on the ItsCarma home page). If you keep using ItsCarma after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using ItsCarma and delete your account.
ITSCARMA AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using ItsCarma or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.
If someone brings a claim against ItsCarma (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as damages.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH ITSCARMA, INCLUDING THE ITSCARMA SERVICES, OUR SOFTWARE, YOUR USE OF ITSCARMA OR ANY ITSCARMA SERVICE, OR THIS AGREEMENT. IN NO EVENT SHALL ITSCARMA OR OUR SUPPLIERS BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so such exclusions may not apply to you.
This agreement does not create any agency, partnership, joint venture, joint controllership, employment, or franchise relationship. To the extent allowed by applicable law, if any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control.
This Agreement is governed by California law, without giving effect to any conflict of law principles. However, the governing law provision regarding the interpretation of this Agreement is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. This section is only intended to specify the use of California law to interpret this Agreement.
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