EasternCarService.com Terms of Service

Terms of Service:

The following terms and conditions govern all use of the EasternCarService.com website and all content, services and products available at or through the website, including, but not limited to, the EasternCarService.com VIP hosting service (“VIP Service”), (taken together, the Website). The Website is owned and operated by Eastern LPB. (“Eastern”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Eastern (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Eastern LPB, acceptance is expressly limited to these terms.

1. Your EasternCarService.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account and/or reviews. You must immediately notify Eastern of any unauthorized uses of your your account or any other breaches of security. Eastern will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you create reviews to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Eastern or otherwise.

   By submitting Content to Eastern for inclusion on your Website, you grant Eastern a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your reviews. If you delete Content, Eastern will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, Eastern has the right (though not the obligation) to, in Eastern ’s sole discretion (i) refuse or remove any content that, in Eastern’s reasonable opinion, violates any Eastern policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Eastern’s sole discretion. Eastern will have no obligation to provide a refund of any amounts previously paid.

3. Credit Card Payment. Optional credit card payments are offered to Eastern customers. A minimum $5 convenience fee will be charged for any price less than $50. For any price over the $50, a 10% charge will be applied. If you have any questions about your charges, please feel free to contact Eastern Customer Service.
4. Cancellations.The customer may cancel any reservation 3 hours prior to the time of reservation without being charged. If there is a cancellation or "No-Show", Eastern hollds the right to charge the customer up to the full fare.
5. VIP Services/Corporate Account.
   • Fees; Payment. By signing up for a VIP Services/Corporate Accounts you agree to pay Eastern the setup fees if any apply, and any other fees if they apply. Eastern reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. VIP Services/Corporate Accounts can be canceled by you at anytime on 30 days written notice to Eastern.
   • Support. VIP Services/Corporate Accounts include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Eastern to respond within one business day) concerning the use of the VIP Services/Corporate Accounts . “Priority” means that support for VIP Services/Corporate Accounts customers takes priority over support for users of the standard, free EasternCarService.com blogging services. All VIP Services/Corporate Accounts support will be provided in accordance with Eastern standard VIP Services/Corporate Accounts practices, procedures and policies.
6. Responsibility of Website Visitors. Eastern has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Eastern does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Eastern disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which EasternCarService.com links, and that link to EasternCarService.com. Eastern does not have any control over those non-Eastern websites and webpages, and is not responsible for their contents or their use. By linking to a non-Eastern website or webpage, Eastern does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Eastern disclaims any responsibility for any harm resulting from your use of non-Easterb websites and webpages.
8. Copyright Infringement and DMCA Policy. As Eastern asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by EasternCarService.com violates your copyright, you are encouraged to notify Eastern. Eastern will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Eastern or others, Eastern may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Eastern will have no obligation to provide a refund of any amounts previously paid to Eastern.
9. Intellectual Property. This Agreement does not transfer from Eastern to you any Eastern or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Eastern. Eastern, Eastern LPB, EasternCarService.com, the EasternCarService.com logo, and all other trademarks, service marks, graphics and logos used in connection with EasternCarService.com, or the Website are trademarks or registered trademarks of Eastern or Eastern’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Eastern or third-party trademarks.
10. Changes. Eastern reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Eastern may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
    
11. Termination. Eastern may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your EasternCarService.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Eastern if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Eastern’s notice to you thereof; provided that, Eastern can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
12. Disclaimer of Warranties. The Website is provided “as is”. Eastern and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Eastern nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability. In no event will Eastern, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Eastern under this agreement during the twelve (12) month period prior to the cause of action. Eastern shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Eastern Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification. You agree to indemnify and hold harmless Eastern, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between Eastern and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Eastern, or by the posting by Eastern of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Eastern may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.