TERMS OF USE

Binding Effect

By using the Internet site located at www.TheCarChick.com, (the “Site”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Women’s Automotive Solutions INC, its partners, client company partners, assigns, affiliates, officers, directors, employees, consultants, agents, and representatives (collectively “by Women’s Automotive Solutions, INC”) from time to time in its sole discretion by Women’s Automotive Solutions, INC will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.

Age Requirements

The Site is intended for individuals of legal age. If you are under the age of eighteen (18) years (or 21 if that is the age of majority in your State, Country or territory), then you must review the Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand and accept all of the Terms of Use. By accessing the Site, you represent that you are of legal age to form a binding contract (or if you are not, that you have obtained the informed consent of your parent or legal guardian to your assent to the Terms of Use).

Privacy Policy

Women’s Automotive Solutions, INC respects your privacy and permits you to control the treatment of your personal information. A complete statement of Women’s Automotive Solutions, INC’s current privacy policy can be found by clicking here. Women’s Automotive Solutions, INC’s privacy policy is expressly incorporated into this Agreement by this reference.

Content / User Content

The content on the Site is for entertainment purposes only. Nothing contained on the Site shall be considered true and accurate unless first verified by Women’s Automotive Solutions, INC. The Site includes a combination of content created by us, or provided to us by a licensor or other third parties and users. All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with the Site, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the “Content”) is owned or controlled by us unless stated otherwise. When you sign up through the Site or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information. You grant Women’s Automotive Solutions, INCa license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Women’s Automotive Solutions, INC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Women’s Automotive Solutions, INC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Women’s Automotive Solutions, INC may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

The Site may also from time to time and at its election offer to users contests, sweepstakes, giveaways, and other such opportunities to win or receive nominal prizes (“Contests”). You agree that irrespective of the market value of any such prize, you warrant and represent that any prizes shall have the value of $1.00 only. Women’s Automotive Solutions, INC may replace any prize at its election for equal or greater value and the winner of any such prize shall be responsible for payment of all taxes related to the prize. Notwithstanding anything contained herein, Women’s Automotive Solutions, INC takes no responsibility for the acts of third parties related to Contests. In the event you know or believe that a Contest is flawed or has been corrupted, your sole remedy shall be to report such to Women’s Automotive Solutions, INC at [email protected].

Prohibited Content

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Women’s Automotive Solutions, INC reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. Women’s Automotive Solutions, INC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Compliance With Intellectual Property Laws

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Copyright Infringement

Women’s Automotive Solutions, INC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Women’s Automotive Solutions, INC has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Women’s Automotive Solutions, INC or of a third party, or otherwise violated any intellectual property laws or regulations. Women’s Automotive Solutions, INC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Women’s Automotive Solutions, INC to delete, edit, or disable the material in question, you must provide Women’s Automotive Solutions, INC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Women’s Automotive Solutions, INC to locate the material; (d) information reasonably sufficient to permit Women’s Automotive Solutions, INC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Women’s Automotive Solutions, INC’s designated agent at:

Women’s Automotive Solutions, INC
2597 Lower Assembly Drive
Fort Mill, SC 29708
(704) 248-8706
[email protected]

Alleged Violations

Women’s Automotive Solutions, INC reserves the right to terminate your use of the Site. You agree that Women’s Automotive Solutions, INC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Women’s Automotive Solutions, INC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Women’s Automotive Solutions, INC reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Women’s Automotive Solutions, INC believes that you have violated any of the Terms of Use, furnished Women’s Automotive Solutions, INC with false or misleading information, or interfered with use of the Site by others.

No Wwrranties

We make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of the Content, when authorized, will not infringe rights of third parties. Third parties may provide some of the content available on the Site. We do not guarantee the accuracy, the integrity, or the quality of content provided by third parties. Neither we, nor any of our affiliated or related companies, or any of our/its employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Content whatsoever. We make no warranty that this Site will meet your requirements, be uninterrupted, timely, secure or error free, or that this Site or the server that makes it available are free of viruses or other harmful components or destructive files. Unauthorized access to the Site is a breach of these Terms and Conditions and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Web Site.

Any opinions posted or displayed by third parties is not an opinion expressed by Women’s Automotive Solutions, INC or its affiliates. We do not warrant or guarantee the legitimacy of any users or of the Site or warrant or guarantee that any claims or promises made by any other party is accurate or legitimate and you are required to make your own determination regarding any such claims or promises made by any third parties or other users of the Site. You warrant that you make contact with other users or other third parties at your own risk and should perform reasonable due diligence before making such contact whether electronically or in person.

WOMEN’S AUTOMOTIVE SOLUTIONS, INC IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOMEN’S AUTOMOTIVE SOLUTIONS, INC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WOMEN’S AUTOMOTIVE SOLUTIONS, INC DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATIONS ON DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WOMEN’S AUTOMOTIVE SOLUTIONS, INC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY WOMEN’S AUTOMOTIVE SOLUTIONS, INC. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Indemnity

You agree to indemnify, defend, and hold harmless Women’s Automotive Solutions, INC from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Women’s Automotive Solutions, INC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Foreign Access

The Site is controlled and operated by Women’s Automotive Solutions, INC from its offices in the State of South Carolina. Women’s Automotive Solutions, INC makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Women’s Automotive Solutions, INC’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than South Carolina.

Modifications

Women’s Automotive Solutions, INC may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Women’s Automotive Solutions, INC shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Communication

All communications with Women’s Automotive Solutions, INC should be e-mailed to: [email protected].

Affiliated Sites

Women’s Automotive Solutions, INC works with a number of partners and affiliates whose Internet sites may be linked with the Site. Since neither Women’s Automotive Solutions, INC nor the Site has control over the content and performance of these partner and affiliate sites, Women’s Automotive Solutions, INC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Women’s Automotive Solutions, INC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Women’s Automotive Solutions, INC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Women’s Automotive Solutions, INC or by any third party.

Choice of Law

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of South Carolina, without reference to their rules regarding conflicts of law.

Consent to Jurisdiction and Forum Selection

You agree that all actions or proceedings arising in connection with these Terms of Use shall be tried and litigated exclusively in the South Carolina Superior Court of Richland County. The aforementioned choice of venue is intended by you and Women’s Automotive Solutions, INC to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and Women’s Automotive Solutions, INC with respect to or arising out of these Terms of Use in any jurisdiction other than that specified in this paragraph. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the the South Carolina Superior Court of Richland County shall have in personal jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms of Use. You further agree that any final judgment rendered against you in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

Attorneys’ Fees and Costs

In the event of litigation relating to the subject matter of these Terms of Use, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

Notice

In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us in writing at:

Women’s Automotive Solutions, INC
2597 Lower Assembly Drive
Fort Mill, SC 29708
(704) 248-8706
[email protected]

Waiver

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Entire Agreement

These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and Women’s Automotive Solutions, INC govern your use of the Site and Content, superseding any prior agreements that you may have with Women’s Automotive Solutions, INC.

Severability

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

Copyright

Acknowledgment

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.