By using this website (henceforth called the "Site"), you indicate your agreement to all of these Terms of Service. If you do not agree to all of these Terms of Service, do not use this Site!

ProCarCare, Inc. (henceforth called "ProCarCare") may modify these Terms of Service at any time. Each time you use the Site, you agree to abide by the Terms of Service then in effect and posted on the Site.

User Information
Use of the Site
This Site is Not a Substitute for an Auto Mechanic
We Do Not Control Any Automotive Service Provider
Our Service Center Ratings are Not a Guarantee
Safety of Your Information in ProCarCare
Limits on Our Liability
Advertisements and Links
Application and Invalidity
Governing Law and Jurisdiction
Arbitration

User Information
By using the Site, (1) you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of use of the Site; and (2) you have read ProCarCare's Privacy Policy and consent to the use of your personal information by ProCarCare and others in accordance with the terms of and for the purposes set forth in ProCarCare's Privacy Policy.

Use of the Site
The contents of this Site, such as text, graphics, images, information obtained from ProCarCare's licensors, and other material on this Site (henceforth called the "Content") is protected by copyright under both United States and foreign laws. Title to the Content remains with ProCarCare and its licensors. The Content is subject to change or termination without notice in the editorial discretion of ProCarCare. All marks and logos appearing on the Site are registered and common-law trade or service marks of ProCarCare, its licensors, and various third parties. All rights not expressly granted here are reserved to ProCarCare, its licensors and other third parties. You are authorized to download, display and print a single copy of any material from the Site for your personal, non-commercial use if you include the following copyright notice: “Copyright ©1999-2001 ProCarCare, Inc. All rights reserved.” and any other notice of copyright and proprietary rights which was contained in the material you copy. You may not reproduce, distribute, transmit, perform, publish or commercially exploit any Content without appropriate permission of the copyright owner. This includes e-mailing, faxing, posting to any bulletin board, storage in databases accessible to persons other than yourself, or otherwise making any Content available to others electronically or otherwise. Any use of the Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws. If you violate any of these Terms of Service, your permission to use the Content automatically ends and you must immediately destroy any copies you have made of any part of the Content.

This Site is Not a Substitute for an Auto Mechanic
The Content contained in the Site is provided for informational purposes only. The Content is not intended to be a substitute for the advice of a professionally trained automotive service technician (henceforth called the "Mechanic"). You should not use the Content to diagnose a car problem without consulting a Mechanic. You should also consult the owner's manual published by the manufacturer of your car. Failure to follow the instructions in the owner's manual may affect your rights under the manufacturer's warranty.

We Do Not Control Any Automotive Service Provider
ProCarCare is an independent service and has no ownership interest or other control over any of the automotive service providers listed in our databases or displayed on any page of the Site. Because the service providers operate independently of ProCarCare, we do not make any warranty about any work done by any such provider.

Our Service Center Ratings are Not a Guarantee
ProCarCare works hard to ensure the integrity of our service center ratings process. We rely on data received from third parties and on statements made by the automotive service providers and their references. We also rely on feedback from consumers. We can never be assured that we have gathered all of the information relevant to our service center ratings, or that each party upon whom we rely has been entirely accurate or truthful. Due to the inherent time delay in the data gathering process, pending actions and other issues affecting a service center's rating may have occurred which were not captured by the data sources we use. Accordingly, we cannot guarantee the accuracy of our service center ratings.

Safety of Your Information in ProCarCare
The ProCarCare section of the Site is a service that allows you to record your car's maintenance and service information on a voluntary basis on servers maintained by ProCarCare. ProCarCare is structured to allow access only to those visitors that our servers recognize as authorized. However, because the automatic log-in feature is provided for your convenience, we do not warrant or guarantee that your information can be accessible only by you. Thus, we will accept no liability for such access. The information you submit or modify on ProCarCare is sent over the Internet using encryption technology known as Secure Sockets Layer. However, we do not warrant or guarantee that the information you submit to ProCarCare will be protected against loss, theft, misuse or alteration by third parties.

You agree to take all reasonable steps to ensure that no unauthorized person obtains access to your ProCarCare password or account. It is your responsibility to control the distribution and use of your password and to promptly notify ProCarCare of any instance of unauthorized access to your ProCarCare account or any need to deactivate your password. You grant ProCarCare and all other persons involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of ProCarCare. You agree that ProCarCare does not assume any responsibility or liability for any information you submit to ProCarCare, or the use or misuse by you or any third party of information transmitted or received using ProCarCare.

Limits on Our Liability
You agree to use the Site and the Content at your own risk. The Content is transmitted over a medium which is beyond the control and jurisdiction of ProCarCare, and ProCarCare accordingly makes no warranty and assumes no liability relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of the Site; or that information transmitted in connection with the use of the Site will be free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Users of the Site are responsible for implementing and maintaining adequate security procedures to satisfy their particular requirements for accuracy of data input and output, access to such data, and a means external to the Site for the reconstruction of any lost data.

The Site and the Content are provided on an "as-is" basis. To the fullest extent permitted by law, ProCarCare, its licensors, and its suppliers, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to all warranties of merchantability, fitness for purpose, non-infringement of third party rights, and any warranty of the accuracy, completeness, currency or reliability of any Content or security measures utilized to preserve the confidence of your information. Some states do not allow a disclaimer of implied warranties, so this disclaimer of implied warranties may not apply to you.

By using the Site, you agree that ProCarCare, its licensors and suppliers are not liable to you for any damages resulting from your use of or inability to use the Site or any of its Content, whether based on warranty, contract, tort or any other legal theory and regardless of whether ProCarCare is advised of the prospect of such damages. Examples of damages excluded by this paragraph include damage to your car or other property, damages for personal injury, including death, damages for lost profits, or damages resulting from lost data or business interruption, or any incidental, consequential or punitive damages. You agree that the total liability of ProCarCare, its licensors and suppliers for any damage you sustain in connection with the Site or the Content or any other cause whatsoever will not exceed $100 in actual, direct damages sustained by you. Nothing in this paragraph is intended to limit the liability of any automotive service provider or mechanic who performs actual repair or maintenance work on your car. Some states do not allow limitations of liability, so the foregoing limitation may not apply to you.

Advertisements and Links
ProCarCare does not endorse the content on any third-party web sites or any product advertised on this Site. ProCarCare is not responsible for the content of linked third-party sites or third-party advertisements and does not make any representation regarding their content or accuracy. If you decide to access a third-party web site, you do so at your own risk.

Application and Invalidity
The provisions of these Terms of Service will continue to apply even though the Site is no longer available or you cease to use it. No course of conduct or trade practice will modify these Terms of Service. If any provision of these Terms of Service is invalid or unenforceable, the rest of the provisions will remain in effect and the invalid or unenforceable provision will be deemed replaced by a valid enforceable provision that most closely matches the intent of the original provision.

Governing Law and Jurisdiction
ProCarCare is based in Bothell, Washington. This Agreement is governed by the laws of the State of Washington as applied to contracts between Washington residents and excluding any law that would apply the law of another jurisdiction.

Arbitration
You agree to resolve all claims against ProCarCare arising in connection with your use of the Site or any Content by binding arbitration conducted in King County, Washington. This agreement to arbitrate does not preclude either party from obtaining an injunction or other provisional remedy from any court having jurisdiction. You agree to pay ProCarCare's costs, expenses and attorney fees in any proceeding to resolve a dispute. All claims must be brought to arbitration within one (1) year of the date the event giving rise to the claim occurred.