Carfolks | 1662 Saint Charles Avenue | Lakewood, OH 44107

Carfolks owns and operates Carfolks.com and requires that all visitors to the Site adhere to the following Terms of Use. By accessing the Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms of Use set forth below without limitation or qualification. Carfolks may revise these Terms of Use at any time by updating this posting, which revisions will be binding upon all visitors to the Site. You should therefore visit this posting to review these Terms of Use from time to time as you visit the Site. For purposes of these Terms of Use references to Carfolks include its affiliates, directors and employees.

Laws and Regulations

User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. Ohio law and Federal law will govern the interpretation and enforcement of these Terms of Use.

Copyright and Trademark Information

The information contained at the Site, including but not limited to text and images herein (other than certain images licensed from third parties) and their arrangement, are copyright © 2007 by Carfolks. All rights reserved.

The Carfolks name, representation and its logo are trademarks of Carfolks. All other trademarks are property of Carfolks unless otherwise designated or clearly implied herein as belonging to third parties. Nothing contained at the site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Carfolks or of any third party.

You are authorized by Carfolks to copy, transmit or display any information registered or owned by Carfolks on any page of the Site solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page. The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without prior written consent from Carfolks.

The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the Terms of Use of such third parties.

Limitation of Liabilities and Warranties

INFORMATION ON THE SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The information contained at the Site may include technical inaccuracies or typographical errors. Carfolks from time to time amends, changes, adds, deletes, updates or alters the information contained at this Site, including information regarding the products and services described at the Site, without notice. Carfolks assumes no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site.

IN NO EVENT SHALL CARFOLKS BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).

This site is protected under Section 230 of the Communications Decency Act of 1996 which states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider...No provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected."

Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from Carfolks, by using the email addresses and/or links provided, you agree that we may market our services and the services of other companies on the Site through the use of banner ads, "hyper-links," and other similar marketing devices. Products offered will be at the sole discretion of Carfolks, and may be provided by companies not affiliated with Carfolks. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Carfolks does not legally endorse or guarantee products or services provided by non-affiliated companies.

Links to Other Internet Web Sites

Some of the Web sites listed as links herein are not under the control of Carfolks, but rather are exclusively controlled by third parties. Accordingly, Carfolks makes no representations whatsoever concerning such Web sites. Although Carfolks may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by Carfolks with respect to such Web site, its owners or its providers. Carfolks is providing these links only as a convenience to you. Carfolks has not tested any information, products or software found on such Web sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, Trojan viruses and other items of a destructive nature.

IN NO EVENT WILL CARFOLKS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Comments, Content and Material Sent to or posted on Carfolks.com

Any comments or materials sent to Carfolks, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively "Feedback"), posted photos, videos, and profile information posted by participating auto retailers and their employees or contractors, shall be deemed to be the property of Carfolks and may be used by Carfolks in the marketing of the Carfolks program. All other rights are retained by the dealership or the participating auto professional.

Use of the Feedback will be in compliance with the Carfolks Privacy Policy, which is set forth on the Site, and applicable laws. Carfolks shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Carfolks shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to Carfolks shall be treated confidentially to the extent required by applicable law or as disclosed in the application.

Dealer Eligibility

Our dealer directory is intended to include all new vehicle franchised dealers and upon request we will include eligible Independent auto dealers for the purpose of allowing consumers to discuss and share their experience during the shopping, vehicle buying and service transactions. For an Independent auto dealer to be included they should maintain an average inventory of 15 or more units, have a website which provides a physical address and phone number, and lists their current inventory. Carfolks reserves the right to exclude or remove any dealership from our directory.

Email and Spam

You may not use the Carfolks network for sending of bulk unsolicited commercial email (spam). It is also prohibited for you to use a third-party network not under the control of Carfolks for the purposes of sending spam or that advertises or refers recipients of the spam to any content that is stored, delivered, or otherwise made available on the Carfolks network. Further, you may not send email messages with forged email header information or messages that otherwise indicate that Carfolks was involved in the transmission of such material.

Network and System Security Violations

Network and system security violations are prohibited by Carfolks, and Carfolks reserves the right to pursue criminal and/or civil charges and/or work in conjunction with legal authorities in relation to any such violation. Examples of such violations include, but are not limited to, the following:

  • Unauthorized access of the Site, networks, data, servers, databases, etc.
  • Any attempt to test, probe, or scan any Carfolks system or network (or use the Carfolks network or systems for the purposes of such tests) in order to ascertain vulnerability, or any attempt to breach security or authentication measures without authorization.
  • Unauthorized monitoring of traffic or data on any network or system without authorization from the owner of such network or system.
  • Any attempt to interfere or disrupt any service or network by using the following, but not limited to, methods: flooding, mail-bombing, denial of service attacks, or any other deliberate attempts to overload a system.
  • The forging of any TCP/IP packet headers or any part of the header information in newsgroup postings or emails.
  • Any usage or attempted usage of services for which you are not authorized to use.

Carfolks.com does not guarantee or warrant that the website or any information found on the website will be free of infection, viruses, worms, or other codes or features that manifest contaminating or destructive properties, nor can Carfolks.com provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of this website or systems or through use of e-mail addresses, user names or other information they may find on the website.

Users and participants on the website are responsible for implementing sufficient procedures to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches.

Reviews

The Carfolks website includes reviews of public and private vehicle dealerships, vehicles and employees of retail auto dealerships. Although Carfolks.com does not control the content or information in the reviews and as a policy will not edit any reviews, it reserves the right to edit or remove any review that violate any of the terms and conditions listed here or in our Privacy Policy.

It is a condition of your use of this website that you do not:

  • Post, transmit or link to any untrue, abusive, unlawful, threatening, vulgar, libelous, defamatory, obscene, harassing, fraudulent, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Restrict or inhibit any registered user from posting a review.
  • Post more than one review per purchase or dealer interaction.
  • Make any posting using a false or misleading user name, email address or other identifier.
  • Post, transmit, link to or in any way exploit any Information, software or other material for commercial purposes, or which contains advertising or other forms of solicitation, including chain letters, pyramid schemes or anything else that is not relevant to the stated purpose of Carfolks.com.
  • Post or transmit any material that you don't have the right to transmit under law (e.g., that which is the intellectual property of another). Carfolks.com will follow the procedures required under the Digital Millennium Copyright Act if it believes in good faith that copyrighted material that has been illegally copied and submitted to this website.

Indemnification

By using this website, you agree to indemnify, defend and hold Carfolks.com harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities arising out of your violation of these terms and conditions or out of any review or information you may post or submit. You are responsible for maintaining the security of your user name and password and you are responsible for all statements or reviews made and acts that occur through the use of your user name and password.

Reporting Terms of Use Violations and Carfolks Remedies

It is your responsibility to immediately take action to prevent any known or suspected Terms of Use violations and immediately report the violation to Carfolks. Should Carfolks become aware of any violation as solely determined by Carfolks, Carfolks reserves the right to block access to any content, suspend or terminate any affected service, block access to the Site or take action deemed appropriate by Carfolks. Carfolks will attempt to provide you with notice if Carfolks deems it necessary to suspend or terminate a service or block access to the Site, but Carfolks reserves the right to suspend or terminate a service or block access to the Site immediately and without notice to you if Carfolks determines that the violation is harming Carfolks service, visitors, network, customers, or users. Carfolks will not be liable for any damages of any nature that may result from a violation of this Terms of Use, and you hereby agree to indemnify Carfolks against any and all damages that may arise from a violation of this Terms of Use by you or other users and visitors.

Complaints or reports of a violation of these Terms of Use can be sent to us via our contact form on the website or you may write to us at Carfolks.com LLC | 1662 Saint Charles Avenue | Lakewood, OH 44107.