Terms And Conditions
Terms of Service (TOS) | SDC Marketing Inc("GarageApp")
Statement of Purpose
SDC Marketing Inc (d.b.a. GarageApp and GarageApp.com) is a private company providing a service for people interested in cars and motorcycles who wish to communicate online with others and develop a network of friends and acquaintances for social reasons.
1. Acceptance of Terms.
1.2 By completing and submitting your application for membership with GarageApp, you acknowledge that you have read the Terms and Conditions of Membership and that you accept the terms and conditions contained herein and agree to comply and abide by them. Users acknowledge that this TOS is a binding contract between Users and SDC Marketing Inc, even though it is electronic and is not physically signed by Users and SDC Marketing Inc, and it governs your use of the Service.
1.3 SDC Marketing Increserves the right to change our TOS at any time and at our sole discretion. SDC Marketing Incwill notify Users of any material change within a reasonable time frame via email, notification, or on our Site. Users can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if Users use the Service after that date, Users will agree to accept revised terms. If any change to this TOS is not acceptable to you, please do not use our Service and delete your GarageApp account.
1.4 Users are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of other project Users. Users can NEVER, under any circumstance, transfer or share their account with other users as doing so may result in the account being terminated.
1.5 SDC Marketing Increserves the right, at its sole and absolute discretion, to refuse membership to any person, or to terminate any member’s membership, without notice, for any reason whatsoever, including, but not limited to, failure of a member to comply with the Terms and Conditions of Membership.
2. Description of Service.
SDC Marketing Inc's website and app, GarageApp and GarageApp.com, provide an online media, collaboration, and community platform (the "Service") that allows multiple Users to learn about multiple subjects related to automobiles, motorcycles and other vehicles, as well as connect with like-minded Users providing information and resources related to the aforementioned topics of interest. The type and number of resources and services will depend on which Plan the User is on. GarageApp reserves the right to make updates or modification to its Service from time to time. If SDC Marketing Incdetermines any modification may result in reduction in the Services’ functionality or features, GarageApp may notify all Users via email or on the Site.
The "Service" does not include "User Data" (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether SDC Marketing Incdesignates them as "official integrations". Any modifications and new features added to the Service are also subject to this TOS. SDC Marketing Increserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time and without notice to you. All rights, title, and interest in and to the Service and its components, including, but not limited to, all intellectual property rights, will remain the exclusive property of SDC Marketing Inc.
3. Access and Use of the Service.
3.1 You may only use the Service for lawful, authorized purposes, and you may not misuse the Service in any way. See Section 6 for specific prohibited uses of the Service. Users shall be required to promptly notify SDC Marketing Incif you learn of a security breach related to the Service or any other violations of this TOS.
3.2 Any software that may be made available by or on behalf of SDC Marketing Incin connection with the Service, including mobile applications of GarageApp, ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, SDC Marketing Inconly grants you a personal, non-sublicensable, and non-exclusive license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved by SDC Marketing Inc.
3.3 GarageApp reserves the right to use your Username and location as a reference on our Site for marketing and promotional purposes. GarageApp may also use your Username and company to market its Site and Service to potential consumers. For example, we might list your Username on one of our webpages under lists of GarageApp customers.
4. User Data Rights and Related Responsibilities.
4.1 "User Data" means any data and content uploaded, posted, or made available via the Service by Users. "User Data" includes, but is not limited to, uploaded files, all contents within uploaded files, profile information, intra-Site communications, and anything else you enter or upload into the Service. SDC Marketing Incwill make commercially reasonable efforts to ensure that all facilities used to store and process User Data meet a high standard for security.
4.2 In order for us to provide the Service to you, we require certain rights with respect to User Data. For example, we need to be able to transmit, store, and copy User Data to display it to other members, to index it so you can search it, to make backups to prevent data loss, etc. Acceptance of this TOS gives SDC Marketing Incyour permission and consent to do so and grants SDC Marketing Incany such rights necessary to provide the Service to all Users. This also includes allowing us to use third-party service providers in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
4.3 If you send us any feedback or suggestions regarding the Service, you grant SDC Marketing Incall rights to use such feedback or suggestions for any purpose without any obligation to you.
4.4 Users are solely responsible for the content of User Data, and all communications while using the Services. SDC Marketing Incis not responsible for the accuracy, appropriateness, or legality of User Data or any other information Users may be able to access using the Services. The Services provide features that allow Users to share User Data and other materials with others or to make it public. Please think carefully about what is shared or made public.
4.5 Users will be able to signal inappropriate content to GarageApp. The flags include, but are not limited to, the following:
Uncivil, unneighborly, or offensive
Not relevant or annoying
Safety issue or illegal
Commercial or spam
Posted in error
4.6 Members acknowledge and agree that all content produced by this Site or its members becomes the tangible and intellectual property of SDC Marketing Incand is copyrighted accordingly. Any content produced in accordance with this Section 4.6 may be used by SDC Marketing Incfor any business purpose whatsoever.
5.1 If Users select a Paid Plan, Users must provide a valid form of payment. Paid Plan Users will be charged based on the plan pricing as explained above. You agree to pay GarageApp in accordance with the terms set forth on the Site and this TOS, and you authorize GarageApp and SDC Marketing Incor its third-party payment processors to bill your credit card or other payment instrument in advance on a periodic basis in accordance with such terms.
5.2 If a member has established automatic payment of membership fees (e.g. recurring billing payments via credit card), and that membership terminates for any reason, it is the member’s responsibility to cancel the automatic payment before the renewal date. By default, the membership recurring billing is switched on. No refunds will be given for overpayment resulting from the member's failure to terminate the automatic payment.
6. User Responsibilities.
All members acknowledge and agree that the information they provide shall be honest and accurate as to their personal details. Each member acknowledges and agrees that any information they submit to GarageApp for publication can be used, unconditionally and without restriction, by SDC Marketing Inc. Members also agree not to:
a. upload, post, transmit, or otherwise make available any of User Data that is unlawful or illegal, libelous, or invasive of another’s privacy;
b. use the Service to harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a GarageApp.com employee or other Member, or misrepresent your affiliation with a person or entity;
d. manipulate identifiers in order to disguise the origin of any of User Data;
e. upload, post, transmit or, otherwise, make available any User Data that you do not have a right to under any law or under contractual or fiduciary relationships;
f. upload, post, transmit or, otherwise, make available any of User Data in a manner that infringes or may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party or third party;
g. use the Service to upload, post, transmit, or otherwise make available or cause to be made available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
h. interfere with or disrupt the Service or servers or networks connected to the Service or assist or induce others to do so;
i. modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks or assist or induce others to do so;
j. intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service.
k. use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
l. use the Service to engage in any unlawful or illegal activities; and/or
m. collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
n. Members will not harass, abuse, or insult other members and will not use offensive or obscene words, names, or phrases in any of their online communications.
o. Any unsolicited commercial or promotional messages sent to other members are considered SPAM and will result in immediate account termination. Prohibited activities include, but are not limited to, promoting another website or platform (of any type), or posting exclusive event invitations to anyone other than specific members. It is our intention and desire to protect our members from all manner and types of spam. If you, as a member, have been offended by the acts or behavior of another member who has violated the GarageApp Code of Conduct or any of the terms and conditions of this Membership Agreement, it is your responsibility to report such behavior to GarageApp management. Upon receiving such notification, GarageApp will monitor the communication of all the parties involved. If offensive behavior continues, membership of the offending member(s) will be terminated, at the sole discretion of SDC Marketing Inc. Further, if any monitored e-mails contain language involving threats, or any other violations of law, such communication will be forwarded to the appropriate law enforcement agencies. You acknowledge that GarageApp and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of User Data that is available via the Service. Without limiting the foregoing, GarageApp and its designees shall have the right to remove any User Data that violates this TOS. Users must carefully evaluate all risk with the use of User Data, including any reliance on the accuracy, completeness, or usefulness of User Data. You acknowledge, consent and agree that GarageApp may access, preserve and disclose your account information and User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any of User Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of GarageApp, its users and the public.
7.1 This TOS will continue in full effect unless and until your User Account or this TOS is terminated as described herein. All service plans will automatically renew for additional months/year depending on the particular plan and recurrence User has chosen. Users have the right to delete their account or cancel their paid subscription at any time by accessing Account information on the Site. GarageApp will not automatically terminate your account unless expressly requested.
7.2 GarageApp reserves the right to terminate and delete your account if we determine that Users have violated any of the terms and/or conditions provided in this TOS.
7.3 Profile Data in expired subscriptions for GarageApp will be deleted.
7.4 Data backups have a retention policy of 90 days.
7.5 GarageApp reserves the right to terminate all inactive free plan users if there are no activities within the last 90 days. If a User remains inactive, i.e., does not login to reactivate their GarageApp account, GarageApp will delete the account and associated data.
7.6 GarageApp stores personal data from deleted accounts and associated files up to 90 days.
7.8 All accrued rights to payment and the terms of Section 5 and Sections 8 through 20 of these TOS shall survive termination of this TOS.
7.9 If a membership is terminated for any reason, whether by SDC Marketing Incor the member, no refund will be given for any prepaid portion of the membership fees.
8. Disclaimer of Warranties.
8.1 The Service may at times perform scheduled or emergency maintenance due to updates or other causes beyond our control. SDC Marketing Incwill make every reasonable effort to provide advance notice of any Service disruption. User understands that User Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while SDC Marketing Incwill make every effort to ensure that information provided to third-party vendors and hosting partners are transmitted securely, SDC Marketing Inccannot guarantee that these transmissions will be encrypted. Users acknowledge that Users bear sole responsibility for adequate security, protection, and backup of User Data. SDC Marketing Incis not liable for any unauthorized access or use of any of User Data, or any corruption, deletion, destruction, or loss of any of User Data.
8.2 SDC Marketing Inccannot be held responsible for any actions or statements of any of its members, nor any actions resulting from the illegal or irresponsible actions of any of its members or for any actions by any third party resulting from membership to GarageApp. The service provided is an ‘as seen’ basis and because of the immense variety of selection and matching criteria does not offer any guarantees that suitable matches will be found. GarageApp will endeavor to provide a level of service as indicated in all published materials. SDC Marketing Incagrees to the best of its ability to keep private any information submitted by members which is not for public display but, however, cannot be held responsible for any illegal actions by any third party which breaches this agreement.
8.3 THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SDC Marketing IncEXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USERS ACKNOWLEDGE AND AGREE THAT SDC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES SDC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM GARAGEAPP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
9. Limitation of Liability.
9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL SDC BE LIABLE TO USERS OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL IN CONNECTION WITH THE USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES SHALL SDC BE LIABLE TO YOU FOR ANY AMOUNT OF MONETARY DAMAGES OR CLAIM(S). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
9.2 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, SDC Marketing Inc’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Dispute Resolution/Arbitration.
Please read carefully:
To expedite and control the cost of disputes, Users and SDC Marketing Incagree that any legal or equitable claim arising out of or relating in any way to Users’ use of the Services, or this TOS will be resolved as follows:
10.1 Informal Resolution. We will first try to resolve any claim, dispute, or controversy (collectively referred to as “Claim”) informally. You and SDC Marketing Incmay not start a formal proceeding for at least 30 days after an official notice of the Claim in writing. Notice of the Claim will include a written statement that includes (a) the claimant’s contact information, including but not limited to his or her primary address, phone number, and email address(es), (b) a detailed description of the facts giving rise to the Claim and (c) the relief requested. You will send your notice by email to firstname.lastname@example.org AND to the address listed directly to:
SDC Marketing Inc, 2054 Kildaire Farm Road, #428, Cary, NC 28511, USA.
10.2 Formal Resolution. If we cannot resolve a Claim informally, any asserted Claim will be resolved only by binding arbitration and not in courts of general jurisdiction. No civil action concerning any dispute arising under this Agreement shall be instituted before any court and all such disputes shall be submitted to final and binding arbitration by a three-person panel. Each party shall select one arbitrator, who will in turn select a third arbitrator. All costs and expenses of the arbitration, including actual attorney’s fees, shall be allocated among the parties according to the arbitrators’ discretion. The arbitrators’ award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Further, the parties hereto expressly agree that proceeding to arbitration and obtaining an award thereunder shall be a condition precedent to the bringing or maintaining of any action in any court with respect to any dispute arising under this Agreement, except for the institution of a civil action to maintain the status quo during the pendency of any arbitration proceeding.
11. Statute of Limitations.
Regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the TOS must be filed with SDC Marketing Incwithin one (1) calendar month after such Claim or cause of action arose or be forever barred from seeking to enforce and/or adjudicate said Claim.
12. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.
SDC Marketing Inc respects the intellectual property of others, and we ask our Users to do the same. GarageApp may, at its discretion, disable and/or terminate the accounts of Users who are offenders. If Users believe that your data, your pictures, your videos have been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SDC Marketing Incwith the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that your claim has been infringed together with a copy of any registration(s) protecting said copyrighted work or other intellectual property asset;
c. a description of where the material that you claim is infringing is located on the Site;
d. your physical address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
By mail: SDC Marketing Inc, 2054 Kildaire Farm Road, #428, Cary, NC 28511. By phone: 1 866 417-9956. By email: email@example.com.
Users shall defend, indemnify, and hold harmless SDC Marketing Incfrom and against any claims, actions, losses, damages, and/or demands, including without limitation reasonable legal and accounting fees, arising, or resulting from your breach of this TOS, any of User Data, or Users’ misuse of the Service. SDC Marketing Incshall provide notice to Users of any such claim, suit, or demand. SDC Marketing Increserves the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting SDC Marketing Incdefense of such matters.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
15. Integration, Modification, and Authority.
This TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, negotiations, communications, and/or other understandings relating to the subject matter of this TOS. All modifications to this TOS must be in a writing signed by both parties that expressly, by its terms, modifies or waives a provision of this TOS, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created because of this TOS, and you do not have any authority of any kind to bind SDC Marketing Incin any respect whatsoever.
16. Choice of Law and Forum.
The TOS shall be governed and enforced by the laws of the State of Florida without regard to its conflict of law. This Agreement is made by the parties in the State of Florida and the United States of America, and is to be construed, interpreted, enforced, and governed by and in accordance with such laws (excluding the principals thereof governing conflicts of law) and federal law, in the event, and only to the extent, federal law preempts the law of the State of Florida. Venue for any mediation, litigation, or arbitration concerning or arising out of this Agreement shall be exclusively in Miami-Dade County, Florida.
The parties hereby waive any right to demand trial by jury for any litigation arising out of or in connection with this Agreement.
17. Waiver and Severability of Terms.
SDC Marketing Inc's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
18. No Right of Survivorship and Non-Transferability.
If a User is a living person, User agrees that his or her account is non-transferable and his or her rights to the content within his or her account shall terminate upon his or her death.
19. Government Users.
Nothing herein makes SDC Marketing Inca government contractor for any federal, state, local, or foreign government.
20. Terms of Sale.
GarageApp may offer different pricing packages: Trial and Paid. All users are subject to GarageApp's Terms and Conditions as described below – this includes all Free and Paid users.
21. Active Users.
Active Users are defined as any users who have signed up or logged into GarageApp and visited Services in your account at least once during the annual billing cycle.
22. Refund Policy.
GarageApp has a no-refund policy. If a refund is offered, it is up to the discretion of the GarageApp Staff.
23. Media and Advertising Content.
GarageApp is not responsible for and does not necessarily hold the opinions expressed by our users, contributors, and advertisers: Opinions and other statements expressed by Users and third parties (e.g., bloggers) are theirs alone, not those of GarageApp. Content (e.g. advertisements, blogs, etc.) created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. SDC Marketing Incis not undertaking any obligation or liability relating to the content. SDC Marketing Incand its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders do not undertake or assume any duty to monitor our Service for inappropriate or unlawful content.
SDC Marketing Inc and its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, SDC Marketing Increserves the right to block or remove communications, postings, or materials at any time at our sole discretion.
Positioning of advertisements is at the sole discretion of GarageApp. Advertiser acknowledges that GarageApp has not made any guarantees with respect to usage, statistics, or levels of impressions for any advertising except where expressly stated. SDC Marketing Incshall not be liable for any claims related to usage. Liability for typographical errors, wrong insertions, late publications, and/or nonpublication is limited to the amount charged to advertiser. In no event shall SDC Marketing Incbe liable to advertiser or to any third party for any indirect, special, or consequential damages, including, but not limited to lost profits or unrealized business opportunity arising the publication of or failure to publish any advertisement.
GarageApp reserves the right to request full or partial payment before the publishing any advertisement and to cease publishing any advertisement when payment is overdue. In the event any account becomes past due, in addition, the full amount of the account shall immediately become due and payable by Advertiser. Advertiser is responsible for all expenses incurred in connection with the collection of past due amounts payable including, but not limited to attorney’s fees and costs.
Advertisement campaigns scheduled for insertion may be cancelled by the advertiser. GarageApp will need to be notified in writing before the date of scheduled start of the advertising campaign. When advertiser cancels all or part of a campaign, Advertiser is responsible for payment of the rate differential resulting from the cancellation.
24.4 Rejection of Advertisements.
GarageApp reserves the right to reject or cancel any advertisement campaign at any time, for any reason. Advertiser assumes all liability for the content of their advertising and agrees to defend, hold harmless, and indemnify SDC Marketing Incfrom all claims, losses, judgments, damages, costs, and expenses of any nature whatsoever, for which SDC Marketing Incmay become liable for due to Advertiser's advertisements.
25. Force Majeure.
SDC Marketing Inc shall not be held responsible or liable for any delay or failure in performance caused by acts of God, severe weather, fires, floods, strikes, terrorism, epidemics, pandemics, work stoppages, breakdown of equipment, government action, labor disputes, internet or website downtime, or other causes beyond reasonable control.