Terms of Use

Last Updated: October 5, 2016

CosmeticCarTech.com ("CCT") helps consumers research, hire, rate, and review a variety of service contractors (“Service Providers”). The following Terms of Use outline your obligations when using any CCT websites, mobile applications, and/or services. The terms "we" and "our" as used in in the Terms of Use refer to CCT. The terms “you” and “your” as used in the Terms of Use refer to you, the user of any service, including this website, provided by CCT or a Service Provider.

1. Acceptance of Terms of Use

Please read these Terms of Use carefully. By accessing, downloading, or using any of CCT’s sites or services, you agree to become bound by the Terms of Use. If you do not agree to all of the Terms of Use, then you may not access or use CCT’s sites or services. Each time you access a CCT site or use a CCT service, you explicitly and implicitly agree to be bound by the Terms of Use.

2. Modification of Agreement

CCT may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on CCT’s website with or without additional notice to you. You are responsible for regularly reviewing information posted on CCT’s website to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using CCT’s site and services. Further, you agree that you will provide CCT notice to remove you from any distribution lists or other communication list that are available to you through your use of CCT’s sites or services.

Your continued use of CCT’s site or services after the posting of modified Terms of Use (or other such notice, if any) means you accept and agree to be bound by the modified Terms of Use.

3. Use of Site or Services

Subject to full compliance with these Terms of Use, CCT grants authorized users a nonexclusive, nontransferable, nonsublicensable, revocable license to access and use its sites and services.

You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit CCT’s sites or services or any of its content for any commercial purposes without the express written consent of CCT.

4. Privacy Policy

Our Terms of Use includes the most recent version of our Privacy Policy which can be accessed here. The Privacy Policy is incorporated herein.

5. Discontinuing Site or Services

CCT may modify, update, suspend or discontinue CCT’s site or services, in whole or in part, at its sole discretion for any or no reason, at any time, and with or without notice. CCT shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

6. User Conduct

As a condition of your access and use of CCT’s site or services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials to CCT, (collectively, the “Content”), you agree not to use CCT sites or services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by CCT. By way of example, and not as a limitation, you agree not to:

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

  1. intentionally or unintentionally violate these Terms of Use,
  2. violate any applicable local, state, national or international law, and any rules and regulations having the force of law;
  3. use the CCT’s site or services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  4. use the CCT site of services for solicitation including for commercial, political, or religious purposes. This includes the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  5. post irrelevant Content;
  6. repeatedly post the same or similar Content;
  7. harass, threaten, or intimidate any other users of CCT’s sites or services;
  8. impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CCT, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
  9. knowingly provide or submit false or misleading information;
  10. use CCT’s sites or services if you are under the age of eighteen (18); and
  11. take any action that would undermine the review and rating process.

7. Registration Information

We may require that you create an account to use or access certain parts of CCT’s sites and services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of CCT’s sites and services, you agree to:

  1. provide CCT with true, accurate, current and complete information as prompted by the CCT registration forms, when registering for or using CCT’s sites or services; and
  2. update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.

8. Content

As a condition of submitting any Content or other materials to CCT, you agree that:

  1. you grant to CCT a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to CCT all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to CCT’s sites or services;
  2. you grant to CCT all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  3. your name and report information may be made available to the public and to the Service Providers on which you report;
  4. you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, CCT, and others as described and otherwise contemplated in these Terms of Use;
  5. you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.
  6. you are solely responsible for your reviews and ratings;
  7. CCT may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
  8. you will not submit any reviews that may be considered by CCT to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  9. all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) an individual’s actual first-hand experience that you are authorized to shares;
  10. all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects; and
  11. you have not received any form of compensation to post reviews and ratings.

9. No Guarantee of Accuracy

CCT cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any information on our website. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any information on the CCT website.

We invite you to bring to our attention any materials or information on CCT’s sites or services that you believe to be inaccurate.

10. Service Providers

CCT does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider.

You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, CCT is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Service Provider are between you and the Service Provider. CCT makes no claims, representations, or warranties regarding any Service Provider. You should make whatever investigation or research you deem necessary or appropriate before hiring or engaging any Service Providers.

We may provide links or otherwise direct you to third party or Service Provider websites. CCT does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not CCT’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that CCT will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. CCT does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.

You agree that CCT is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them. You waive the right to bring or assert any claim against CCT relating to any interactions or dealings with any Service Provider and release CCT from any and all liability for or relating to any interactions or dealings with Service Providers.

You agree that CCT shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on CCT’s sites or services.

11. Termination of Access

CCT may terminate your privilege to use or access CCT’s sites or services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using CCT’s sites or services and agree not access or make use of, or attempt to use, CCT’s sites or services.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to CCT’s sites and services.

12. Trademarks and Copyrights

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by CCT. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. CCT aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of CCT, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from CCT.

13. Delays and Accessibility

CCT’s sites or services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. CCT is not responsible for any delays, failures or other damage resulting from such problems.

14. Refunds

All purchases are final. We do not issue refunds.

15. Disclaimer

CCT makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of information on its website and assumes no responsibility for any errors or omissions therein.

You release CCT from all liability. You agree that you CCT is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through CCT’s sites or services.

You access and use CCT’s sites and services at your own risk. The sites and services are provided on an 'as is, as available' basis without warranty of any kind and any and all warranties of merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed.

Neither CCT nor its affiliates, employees, agents or third party content providers shall be liable for any loss resulting from use or unavailability of information or content on or in connection with the sites and services, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages.

This disclaimer is applicable to any damage or injury resulting from negligence or omission of CCT, computer virus or other similar item, telecommunications errors, or unauthorized access to, or use of user information through theft or any other means.

We are not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect the sites and services.

Any material accessed, downloaded, or otherwise obtained through the use of CCT’s sites and services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

CCT does not represent or warrant that (i) the sites and/or services will meet your requirements, (ii) the sites and/or services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the sites and/or services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the sites will meet your expectations, and (v) any errors in the software will be corrected. You agree that from time to time we may remove the service for indefinite periods of time, or cancel the service at any time, without notice to you. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, CCT’s liability shall be limited to the extent permitted by law.

16. Participation Disclaimer

CCT does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CCT is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.

CCT reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CCT in its sole discretion.

17. Links to Third-Party Websites

CCT’s sites or services may display links to other Internet sites or resources. Because CCT has no control over such sites and resources, you acknowledge and agree that CCT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

18. Notice

By use of CCT’s sites or services, you consent to receive electronic communications from CCT. CCT may deliver notice to you by means of e-mail, a general notice on the site, or by any other reliable method to the address you have provided.

19. Other Provisions

These Terms of Use and Privacy Policy constitute the entire agreement between you and CCT.

These Terms of Use and the relationship between you and CCT will be governed by the laws of the State of Missouri, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Cape Girardeau, Missouri and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court. CCT may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found.

You and CCT expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that any claims against each other will be resolved by a judge rather than a jury. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of CCT’s sites or services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

You agree to defend, indemnify and hold CCT harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of CCT’s site or services, or any purchases you make through CCT or one of its Service Providers.