CarTest Software
The usual liability disclaimers apply to the readers and users of this website and its products. The information, recommendations, and computations presented on this website are based SOLELY on personal independent research and are in NO WAY guided or influenced by outside parties. Information presented is not to be construed as an absolute truth.
Use of the website or its products in no way constitutes a professional relationship. All information communicated to you (the reader or subscriber) either through the website, emails or any other form of communication, is for informational, educational, and entertainment purposes only. You assume sole liability for your actions and as such, we strongly recommend that you seek advice from your own professional adviser before making any decisions regarding an outlay of money or risk of safety.
All information contained, provided, or produced by products available on the cartestsoftware.com website is believed to come from reliable sources and/or be accurate. CarTest Software however does not warrant the accuracy or completeness of information made available and therefore will not be liable for any losses incurred.
Due to the electronic nature of the internet, the website, email, or other communication services could fail at any time. CarTest Software will not be responsible for unavailability of use of its website nor any other communication lapse.
It is the policy of this web site to maintain in strict confidence all personal information transmitted on the software order form. This information is used solely to fulfill the order and to provide verification and communication for subsequent software support and upgrades. CarTest Software does NOT store your credit card number in any databases or files of any kind. We also do not sell or in any way make available your personal information to any third party.
The order forms are Java Applets which encrypt sensitive information using the Java Security API employing 1024-bit RSA encryption protocol agreed upon with a server-provided certificate prior to uploading. Payments are made on the PayPal web site using their secure server and your sensitive personal payment information is held secure by them.
This web site is provided by CarTest Software. By using or making a purchase on the cartestsoftware.com web site, you agree to the terms and conditions listed on this page. We may update or alter these Terms and Conditions at any time.
Intellectual Property Protection
The cartestsoftware.com web site and information services contain proprietary material of CarTest Software, which is protected by copyright and other laws respecting proprietary rights. The information contained in the web site is copyrighted and protected by world-wide copyright laws and treaty provisions. It may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without prior written permission. Except as expressly provided herein, CarTest Software does not grant any express or implied right to you or any person in any intellectual property rights, details of members or trade secret information.
CarTest Software believes it is the owner or authorized user or licensee of all the intellectual property rights in the web site including, without limitation, any copyright, patent, registered design, trade marks, service marks, source codes, specifications, templates, graphics, logo(s) or any right subsisting in the U.S. or elsewhere in respect of formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Exceptions include Yahoo!® being the provider of stock market quotes and news, and AutoWeek® providing the automotive news feed. If any proprietary materials are included in the web site that violate others' intellectual property or other rights they will be immediately removed upon proper notification.
Use of cartestsoftware.com Content
Some services are currently available on a recurring monthly subscription basis. During the subscription period, the agreement between CarTest Software and the user allows individual access to the services and products. Access to any services and products beyond the subscription period, without the express permission of CarTest Software is prohibited. Use in any way that circumvents the normal subscription process, is prohibited unless prior written authorization is obtained from CarTest Software.
Users may use the services (information, material) for local internal purposes to improve their knowledge and capability. Repurposing material for the end purpose of producing printed, non-saleable and in-house material is permitted for the purchased number of users and for the duration of the subscription. Use of services to create material or derivative material for sale or external distribution is permitted provided attribution to cartestsoftware.com is included.
Delivered Software License Terms
Software purchased on the cartestsoftware.com web site for delivery of executable code, data, images, documentation, as well as any other delivered item shall be subject to the following terms and conditions. Use of the software constitutes acceptance of the license terms and warranty. One registered version of the software may either be used by a single person who uses the software personaly on one or more computers, or installed on a single computer used by different people at different times, but not both. You may access the software through a network provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. You are advised not to rely solely on the results of the software in making any decisions that involve a commitment or investment of money. The user is solely liable for any financial losses or consequential damages that may be incurred as a result of any of the recommendations or computations that the software may present for consideration. While the analyses conducted by the software are believed to be correct they are not guaranteed. The software programs are sold "as is" without any expressed or implied warranty as to performance or merchantability. The user assumes the entire risk of using the programs. Any liability of seller or manufacturer will be limited exclusively to product replacement or refund of the purchase price.
Subscription Software License Terms
Use of a software subscription purchased on the cartestsoftware.com web site for use of software on the cartestsoftware.com web site shall be subject to the terms and conditions described in the section and elsewhere on this page. Use of the software constitutes acceptance of the license terms and warranty. You are advised not to rely solely on the results of the software in making any decisions that involve a commitment or investment of money. The user is solely liable for any financial losses or consequential damages that may be incurred as a result of any of the recommendations or computations that the software may present for consideration. While the analyses conducted by the software are believed to be correct they are not guaranteed. The software programs are sold "as is" without any expressed or implied warranty as to performance or merchantability. The user assumes the entire risk of using the programs. Any liability of seller or manufacturer will be limited exclusively to refund of the subscription price.
Registration, Passwords and Responsibilities
Each subscribed software user possesses a unique access User Name and Password for exclusive use by that member. Passwords and User Names may not be shared with or provided to other agencies, organizations, businesses or individuals. You are responsible for maintaining the confidentiality of any User Names, Passwords, or any other tools or data that afford you access to content. If you are sharing such User Names, Passwords, etc. with others for the purpose of shared viewing, you are also responsible for all users of such information, whether or not actually or expressly authorized by you.
Third Parties
CarTest Software will not disclose users' information, including contact information, to third parties.
Discounts
Discounted corporate memberships are available. Please e-mail orders@cartestsoftware.com for information or to set up your corporate account.
Payment Card Use
If you make a purchase on the web site, you are warranting to us that you are legally authorized to use the credit or other payment card for the proposed transaction and that you fully understand this Agreement. CarTest Software accepts no liability for any damages of any nature resulting from you using your credit card on the web site.
Refund Policy
Subscribers to the software may terminate their subscriptions by sending a notification email to orders@cartestsoftware.com. A refund will be issued for the prorated unused number of whole months remaining on the subscription as a portion of the amount charged for the entire term. As such, new subscriptions will be charged a one month minimum. For the recipes a refund will be issued if requested within 30 days of the original date of purchase. Refunds will only be made as a credit on the same card used to make payment. No cash refunds will be made.
Confirmation E-mails
If you successfully conclude an online purchase, you will be sent a confirmation e-mail that will include details of your particular purchase. emails will be deemed to have been sent once they leave our information system. However, if you do not receive a confirmation e-mail within 24 hours of completing an online transaction, please contact us immediately at orders@cartestsoftware.com.
Term and Termination
We may change or terminate our services or your online membership(s) with us, with or without notice, without liability to you, or any other user.
You understand and agree that CarTest Software online services are provided "as-is." CarTest Software assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings.
Force Majeure
CarTest Software, its members, affiliates, and representatives will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use our online services, resulting from any goods or services purchased or obtained or messages received or transactions entered into as a result of information obtained through cartestsoftware.com, our online services, resulting from loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to injury, damages for loss of profits, use, data or other intangibles, even if CarTest Software had been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Cartest Software, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms and Conditions or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms and Conditions will inure to the benefit of CarTest Software, its successors, assigns and licensees.
No Warranty, Disclaimer of Liability and Indemnity
The materials contained in this web site are not intended as professional advice to any party, and in no way represent advice with respect to specific practices of any party. CarTest Software has not confirmed or verified the accuracy or correctness of such materials or any information on which they may be based and makes no representation or warranty as to the content of this material or its accuracy, or its appropriateness or its suitability for any particular reader, situation or practice, or as to conformance with applicable laws or regulations. Users should conduct or rely on their own investigations before acting upon or otherwise using such materials.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Los Angeles, California within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by CarTest Software.
Changes to Terms
CarTest Software may, in its discretion, change these Terms (including those relating to your use of the web site and/or cartestsoftware.com content). When Terms are changed, CarTest Software will notify you by email or by publishing details of those changes by including them in these Terms. If you use the web site after CarTest Software has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use this web site any further after they are published.
Miscellaneous
Headings in these Terms are for convenience only and have no legal meaning or effect.
If you are aware of any violations of these Terms and Conditions, please report them.