Terms of Service

1. The Service

CarModPicker is a hobbyist web application operated by an individual that lets users catalog cars, build lists, and parts, and share build logs. It is offered in active development and on a best-effort basis. Features may change or disappear without notice.

2. Eligibility and Accounts

The Service is intended for adults only. You must be at least 18 years old to create an account or otherwise use the Service. By using the Service, you represent and warrant that you are 18 or older. The Service is not directed to, and we do not knowingly collect personal information from, anyone under 18. If we learn that an account belongs to someone under 18, we will terminate it and delete the associated data.

You are responsible for maintaining the security of your account credentials and for all activity under your account. Provide accurate information when registering.

3. User Content

"Your Content" means anything you submit to the Service, including cars, build lists, parts, build logs, images, votes, and comments. You retain ownership of Your Content. By submitting it, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, adapt, and distribute Your Content for the purpose of operating and promoting the Service.

You represent that you have the rights necessary to grant this license and that Your Content does not infringe anyone else's rights or violate any law.

4. Acceptable Use

You agree not to:

• Use the Service for anything illegal, abusive, harassing, hateful, or that infringes others' rights.
• Upload malware, spam, deceptive content, or content containing others' personal information without permission.
• Attempt to break, overload, probe, scrape, or reverse engineer the Service outside of its intended interfaces, or circumvent rate limits, access controls, or security measures.
• Impersonate another person or misrepresent your affiliation with anyone.
• Use automated systems (bots, crawlers) against the Service except through interfaces we explicitly provide for that purpose.

We may remove content or take other action if we believe, in our sole discretion, that it violates these Terms or is otherwise harmful.

5. No Guarantee of Availability or Data Retention

The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, timely, error-free, secure, or that any data you submit will be preserved.

We reserve the right, at any time and without notice or liability, to:

• Reset, migrate, wipe, or delete the database, user-uploaded images, accounts, or any other stored content — in whole or in part.
• Suspend, modify, or discontinue the Service or any feature.
• Terminate or suspend any account, for any reason or no reason.

Keep your own copies of anything you care about. Do not rely on the Service as a system of record.

6. Third-Party Content and Links

The Service may display or link to content from third parties (for example, retailer product pages, part images, and advertising). We do not endorse and are not responsible for third-party content, products, or services, and your dealings with any third party are solely between you and them.

7. Paid Features and Billing

Some features of the Service may require payment ("Paid Features"). If you sign up for a Paid Feature:

• You authorize us (or our payment processor) to charge the payment method you provide for all stated fees and applicable taxes.
• Subscriptions renew automatically at the then-current rate at the end of each billing period until you cancel. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period.
• All fees are non-refundable except where required by law or where we explicitly offer a refund. We do not issue prorated refunds for partial periods or unused time.
• We may change fees, Paid Features, or billing terms at any time. Changes take effect at the start of your next billing period. Your continued use of a Paid Feature after the change is your agreement to the new terms.
• If a payment fails, we may suspend, downgrade, or terminate access to Paid Features until the issue is resolved.
• Benefits of Paid Features (e.g. ad-free browsing, premium perks) may be modified or removed at any time as the Service evolves.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. ANY PART COMPATIBILITY, FITMENT, PRICING, OR OTHER DATA IS USER-SUBMITTED AND NOT VERIFIED — DO NOT RELY ON IT FOR SAFETY-CRITICAL DECISIONS. VERIFY INDEPENDENTLY BEFORE PURCHASING OR INSTALLING PARTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CARMODPICKER OR ITS OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED USD $100 OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless CarModPicker and its operator from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, Your Content, or your violation of these Terms or of any law or third-party right.

11. DMCA

If you believe material on the Service infringes your copyright, send a DMCA notice to tyler@webbpulse.com. We will respond to valid notices as required by law and may remove the content and terminate repeat infringers.

12. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without cause or notice. Sections that by their nature should survive termination (including User Content, No Guarantee of Availability, Paid Features, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General) will survive.

13. Governing Law and Venue

Before filing any formal claim, you agree to contact us at tyler@webbpulse.com and attempt to resolve the dispute informally for at least sixty (60) days.

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction there.

14. Changes to These Terms

We may update these Terms at any time. Material changes will be reflected by updating the "Last updated" date above and, where appropriate, by notice through the Service or by email. Continued use of the Service after a change means you accept the updated Terms.

15. General

• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, without restriction.
• Notices. We may give notices through the Service, by email, or by posting on the Site. Notices to us should be sent to tyler@webbpulse.com.
• No agency. No joint venture, partnership, employment, or agency relationship is created by these Terms.
• Export and sanctions. You represent that you are not located in a country subject to a U.S. government embargo, and are not on any U.S. government restricted-party list.

16. Contact

Questions about these Terms? Email tyler@webbpulse.com.