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Terms of Use

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TERMS OF USE
 

ClutchRides.com™


These Terms of Use describe the terms and conditions applicable to your use of any and all websites operated by or for ClutchRides.com or its Affiliates. In addition, these Terms of Use provide important information regarding ClutchRides.com intellectual property rights, ClutchRides.com products, ClutchRides.com shows, ClutchRides.com Accounts, and other information relating to the products and services provided by ClutchRides.com.

ClutchRides.com may at any time revise or modify this Agreement or impose new conditions of use for this website. Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the website or by e-mail. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, revisions, or modifications. ClutchRides.com may modify its products or services at any time.

THIS WEBSITE DOES NOT CONTAIN PROFESSIONAL SERVICES ADVICE IN RELATION TO ANY CLUTCHRIDES.COM PRODUCT OR SERVICE.

The content on this website is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully. ClutchRides.com is not engaged in rendering professional services or advice via this website, and the information provided is not intended to replace professional advice.

Scope of Use

Except as otherwise provided on this page, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of ClutchRides.com. You understand that ClutchRides.com may discontinue, change, or restrict your use of this website for any reason without notice.

No Warranties

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. CLUTCHRIDES.COM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. CLUTCHRIDES.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. CLUTCHRIDES.COM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF CLUTCHRIDES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnification

If you violate any of these Terms of Use or if you misuse this website, you agree to defend, indemnify and hold harmless ClutchRides.com, its officers, directors, partners, employees, agents and licensees from any and all liability including costs, expenses and attorneys' fees that arise out of or are related to your violation or misuse.

User Submissions

Certain areas of this website enable you to submit e-mails, or otherwise provide feedback or information to ClutchRides.com.

You agree that by submitting content:

*    you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;

*    you understand and agree that such content that is submitted to a feedback page, will be deemed non-confidential; and

*    you grant to ClutchRides.com the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with this User Agreement, and waive any moral rights you may have in such content. Subject to all applicable federal laws, ClutchRides.com shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

Information, News and Press Releases

The website may contain information, news and/or press releases about ClutchRides.com. While this information was believed to be accurate as of the date it was prepared, ClutchRides.com disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than ClutchRides.com contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by ClutchRides.com.

Any use of ClutchRides.com's names and trademarks in any press release without the written consent of ClutchRides.com is strictly prohibited.

Links

This ClutchRides.com website may contain links to websites operated by other parties. The linked sites are not under the control of ClutchRides.com, and ClutchRides.com is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply ClutchRides.com's endorsement of material on any other site and ClutchRides.com disclaims all liability with regard to your access to such linked websites. ClutchRides.com provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.

Unless otherwise set forth in a written agreement between you and ClutchRides.com, you must adhere to ClutchRides.com's linking policy as follows: (i) any link to the website must be a text only link clearly marked "ClutchRides.com Website" (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ClutchRides.com's names and trademarks, (iii) the link must "point" to www.ClutchRides.com and not to other pages within the website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ClutchRides.com, (v) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website, and (vi) ClutchRides.com reserves the right to revoke its consent to the link at any time and in its sole discretion.

Violations and Additional Policies

ClutchRides.com reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the website.

Use of Information

ClutchRides.com reserves the right, and you authorize ClutchRides.com, to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with this User Agreement and applicable federal law.

ClutchRides.comTM Intellectual Property

Trademarks


All ClutchRides.com trademarks are the exclusive property of ClutchRides.com. Unauthorized use of any ClutchRides.com trademark, service mark, or logo may be a violation of federal and state trademark laws, including but not limited to, dilution of ClutchRides.com's trademarks, any and all violations of applicable provisions of the Lanham Act, Trademark Counterfeiting Act, any and all violations of any State or Federal law as well as any equitable remedies. ClutchRides.com does not waive its right to any remedy.

The importance of creating, preserving, and enhancing the goodwill of ClutchRides.com's products and designs are an important consideration for ClutchRides.com. To ensure that all ClutchRides.com products and services retain the commercial identity and superior quality attached to the ClutchRides.com origin the following trademarks are shown as identification of exclusive ownership and to place users of this website on actual notice of ClutchRides.com's trademarks.

ClutchRides.com™

Copyright


This website is protected by United States' and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the website, or individual sections of the design or layout of the website or ClutchRides.com logos or trademarks without ClutchRides.com's written permission.

ClutchRidesTM Products and Services

Our goal is to provide our customers with the highest level of quality ClutchRides.com products and services.

The importance of creating, preserving, and enhancing the goodwill of our products and services is an important consideration for us at ClutchRides.com.

CLUTCHRIDES.COM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLUTCHRIDES.COM PRODUCT, EVEN IF CLUTCHRIDES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL CLUTCHRIDES.COM PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

ClutchRides.com Outlets and Distributors

The content on this website regarding any venues in which ClutchRides.com products and services may be available to the public is intended to be a general information resource. ClutchRides.com reserves the right to update, modify, cancel, or otherwise change the schedule without any prior notice.

ClutchRides.com Account Information

If you are interested in opening an account with ClutchRides.com, please sign up using our Account Application Form.

By applying for a ClutchRides.com Account Applicant hereby agrees that the information on the Account Application Form is true and that any willful or knowingly false information may result in cancellation of the ClutchRides.com account.

Location, Jurisdiction, Governing Law, and Arbitration


This website is operated by ClutchRides.com from its offices in Oxnard, California, USA. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. ClutchRides.com makes no representation that the information in the website is appropriate or available for use in other locations, and access to this website from territories where the content of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any controversy or claim arising under or related to this User Agreement or ClutchRides.com's products or services shall be settled by arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ventura County, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or ClutchRides.com may seek any interim or preliminary relief from a court of competent jurisdiction in Ventura County, California, necessary to protect the rights or property of you or ClutchRides.com pending the completion of arbitration.

Privacy Policy

ClutchRides.com recognizes the importance of protecting the information that we collect from customers during the process of purchasing a product, or registering for a service, newsletter, or membership area of a ClutchRides.com site. Depending on the nature of the site, we may collect first and last names; home or school address; e-mail address; credit card or other billing information; fax or telephone number; and other information appropriate to the purpose for which it is being collected. It is our policy to use this information, or information acquired through user postings at our sites, for internal business purposes only, and we maintain appropriate security measures to keep this information private. Gathering this information helps us develop websites and products to match your interests. We may share this information with vendors providing contractual services to us, such as (by way of example only and not of limitation) hosting services, tech support, credit card processors, and database managers.

You should be aware that personal information, such as your name or e-mail address, that you voluntarily disclose on bulletin boards or in chat areas could be collected and disclosed by other users with access to those sites. ClutchRides.com cannot take any responsibility for such collection or disclosure.

Occasionally, we use “cookies” to store pertinent user information during a session. Cookies are small pieces of information that are stored in a designated file on your computer. ClutchRides.com uses cookies for the purpose of holding information during online sessions (for example, to hold answers to online quizzes for short-term storage and to create an ID for use in a multiple-session assessment), and to store user information that helps us to customize our content to enhance your use of our websites. We may also use cookies to track links from an affiliate’s websites to our websites. This information is used only for the purpose of tracking commissions that may become due to an affiliate if you purchase a product or service from one of our sites.

In most cases, users can review and update or request changes to their information by logging into their account or e-mailing the divisional administrator listed at the end of our Children’s Privacy Policy. If you have any questions about the ClutchRides.com privacy policy, please contact the ClutchRides.com Legal Department.  ClutchRides.com reserves the right to change this privacy policy without notice to users of or visitors to our websites.

Children’s Privacy Policy

The following paragraphs summarize ClutchRides.com’s policy regarding the collection and use of personal information about children.

Types of personal information collected Under the Children’s Online Privacy Protection Act, “personal” is defined as individually identifiable information, such as a first and last name; a home or other physical address including street name and city or town; an e-mail address; a telephone number; a Social Security number; or persistent identifiers such as customer or processor serial numbers held in a cookie, where the identifier is associated with individually identifiable information. Cookies are small pieces of information that are stored in a designated file on a user’s computer. ClutchRides.com usually does not collect personal information as defined under the Children’s Online Privacy Protection Act. We collect and use only as much information about a child as necessary for the activity, and do not condition participation in any online activity on the disclosure of more personal information than is reasonably necessary. Occasionally, we use cookies to store pertinent user information during a session.

Use of personal information

We use the information we collect from children only for internal business purposes, and/or to give credit to children for work they have created. We contact children by e-mail only in response to their requests for information or assistance. ClutchRides.com uses cookies solely for the purpose of holding information during online sessions (for example, to hold answers to online quizzes for short-term storage, or to create an ID for use in a multiple-session assessment). If, however, a child voluntarily discloses personal information, such as a name or e-mail address, on bulletin boards or in chat areas that are accessible to other users, then such information could be collected and disclosed by others. ClutchRides.com cannot take any responsibility for such collection or disclosure.

Involvement of parents

In accordance with the provisions of the Children’s Online Privacy Protection Act, we will notify parents when collecting personal information from children, and will seek parental consent before collecting, using, or disclosing certain personal information from children. Parents may review and have deleted their child’s personal information, and may refuse to permit further collection or use of their child’s information by contacting the ClutchRides.com representatives listed below. Parents may consent to our collection and use of their child’s personal information without consenting to the disclosure of that information to others.

Digital Millennium Copyright Act Compliance

If you believe that any materials posted on this website by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers.

Please send a written notice describing the infringement to our designated agent at the following address:

Designated Agent
ClutchRides.com


Oxnard Ca 93035


Facsimile: FAX - None Available

mail: CONTACT@CLUTCHRIDES.COM

Your notice must include the following:


A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;


Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;


Identification of the allegedly infringing material on the ClutchRides.com website, and information reasonably sufficient to permit us to locate such material on our website;


Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;


A statement that the complaining party has a good faith belief that use of the materials 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 notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Questions


If you have any questions relating to this website or any ClutchRides.com products please send your question(s) in the form of an e-mail to contact@ClutchRides.com
 

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