The following describes the terms on which StolenCar.com
offers its services.
StolenCar.com:
Terms and Conditions
The
information herein describes the terms and conditions under which the services
and information provided by StolenCar may be used, and constitute the
User Agreement between StolenCar and its audience. By accessing the
StolenCar web site, you agree to be bound by these terms and conditions.
If you
have any questions that are not answered in this section, please see our
"Frequently Asked Questions" at: http://www.StolenCar.com/Faq or, contact us at
"Info" at StolenCar.com.
The terms
and conditions herein, may be amended at any time by posting the amended terms
and conditions on the StolenCar web site. All amended terms and
conditions are effective immediately upon posting to this site. It is
recommended that visitors and members review the then current terms and
conditions for using the StolenCar web site and program on a regular
basis. This agreement was last revised on 21 January 2010.
1. OVERVIEW
1.1
StolenCar ., operates its web site more or less as a bulletin board and
an information service. StolenCar operates like a bulletin board for
vehicle owners to post information about their automobiles, motorcycles,
trucks, etc., that have been stolen, and which have been previously reported as
stolen to an appropriate law enforcement agency. Visitors to StolenCar.com
can utilize the web site to search for reported stolen vehicles by ZIP Code
lookup, or they can search for information by Vehicle Make and Model.
Individuals may become eligible for rewards by registering as
"Tippers" (individuals who provide information about vehicles that
have been reported stolen.) Tippers may elect to receive information about
registered stolen vehicles directly from StolenCar in various formats,
delivered through various mediums.
1.2
StolenCar is a wholly owned subsidiary of Collaborative Information
Services, Inc., a New York Company. Our business mailing address is: 405
Tarrytown Rd, Suite 1367, White Plains, NY 10607.
2. MEMBERSHIP ELIGIBILITY, FRAUD, AND BREACH
2.1
Eligibility to become a registered member of, and participant in the
StolenCar program is available ONLY to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing, our
services are not available to minors. If you do not qualify, please do not use
these services. Law enforcement officers, Insurance Industry employees, Stolen
Vehicle Owners and their respective family members are not eligible for
rewards, but are eligible to participate in the StolenCar program.
Further, StolenCar services are not available to registered members that
have had their membership temporarily, indefinitely, or permanently suspended.
StolenCar may revoke the membership of anyone, at any time, for any
reason whatsoever. StolenCar may terminate a person's access to this web
site at any time, for any reason whatsoever.
2.2 At
such time that any visitor to, or member of StolenCar engages in
fraudulent activity with regard to the web site or program, said individual is
considered to be in breach of this user agreement. Such person, automatically
and immediately, is considered to have his or her relationship with
StolenCar terminated, whether or not a termination notice is issued on
the part of StolenCar.com.
3. INFORMATION: INTEGRITY, RIGHTS, AND CONFIDENTIALITY
3.1
Vehicle Listings Information. StolenCar maintains a database listing of
stolen vehicles, and a database of registered members. StolenCar has no
control over the quality, validity, accuracy, or legality of information
submitted by a vehicle owner that registers information about a vehicle that
has reportedly been stolen from their possession on the StolenCar web
site. Further, StolenCar has no control over the quality, validity,
accuracy, or legality of information provided by individuals - whether they be
registered members of StolenCar.com, or anonymous visitors to the
StolenCar web site - about vehicles that have been reported as stolen.
3.2 Web
site Data / Information - Control and Risk. StolenCar does not control
the quality, validity, accuracy, or legality of information provided by users
of its web site and program. As such, StolenCar makes no claim that the
information available to users and visitors from its web site will not be
offensive, harmful, inaccurate, or deceptive. StolenCar urges all
visitors and program participants to use caution and common sense when using
its web site and while participating in its program. StolenCar further
emphasizes to its users and visitors that there is a risk that they may
encounter the spurious and specious machinations of people acting under false
pretense.
3.3
Visitor/Member Identity Information. StolenCar cannot, and does not
verify the actual identity of registered and unregistered users of the
information and services it makes available on its web site. StolenCar.com
does take reasonable measures to establish the valid identity of individuals
that register as members ("Tippers"). In order to receive a reward
for having provided information that leads to the recovery of a stolen vehicle,
a StolenCar participant must divulge certain identity-revealing
information that will afford StolenCar the opportunity to process a
financial transaction with that individual. StolenCar takes stronger
measures to establish the valid identity of individuals that register
information about reported stolen vehicles. When registering information about
a vehicle that has been stolen, it is necessary to provide certain specific
personally identifying information including, but not limited to, credit card
information and information from a filed police report.
3.4
Visitor/Member LISTINGS DATA. Registered members and visitors provide much of
the information that is available on the StolenCar web site. This
information is broadly referred to as "Listings Data". All members
and visitors are bound by the following requirements with regard to providing
and/or posting Listings Data:
3.4.1
Information provided to StolenCar.com, or posted on the StolenCar web
site is the sole responsibility of the person that provides or posts such
information. StolenCar may take measures to establish the reasonable
validity of the Listings Data on its web site. However, StolenCar cannot
assume responsibility for information contained in the Listings Data.
StolenCar acts substantially as a passive conduit for online and offline
distribution and publication of Listings Data.
3.4.2
With respect to Listings Data, visitors and members agree that any information
they provide or post: (a) shall not be false, inaccurate or misleading; (c)
shall not infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (d) shall not
violate any law, statute, ordinance or regulation (including without limitation
those governing false advertising); (e) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) shall not be
obscene or contain child pornography (g) shall not contain any viruses, Trojan
horses, worms, time bombs, cancel bots or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; (h) shall
not create liability for StolenCar , any and all associated companies,
and other interested parties, or cause said parties to lose (in whole or in
part) the services of said parties ISPs or other suppliers; (i) shall not link
directly or indirectly to our web site without permission; and (j) shall not
copy or reproduce information contained on our web site without written
permission.
3.4.3
With respect to Listings Data: You, as a visitor and/or member authorize
StolenCar to use the information you provide or post, so that we are not
violating any rights you might have in that information. You, as a visitor
and/or member who provide or post information to our web site, grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub licensable (through
multiple tiers) right to exercise the copyright and publicity rights (but no
other rights) you have in the information you provide or post to
StolenCar.com, in any media now known or not currently known, with respect
to Your Information. You authorize StolenCar to share your
vehicle-listing information with relevant government agencies for
non-commercial purposes. StolenCar will only use Your Information in
accordance with our Privacy Policy.
3.5
Confidentiality. StolenCar will make every reasonable effort to respect
the confidentiality concerns of its registered users and visitors. Please see
the StolenCar Privacy Policy at: http://www.StolenCar.com/privacy.htm
4. PARTICIPATION OPPORTUNITY, INSTRUCTION, AND DISCLAIMER
4.1
Participation Opportunity: Participation in the StolenCar program is
available to members and non-members in varying degrees. Visitors to the
StolenCar web site, whether registered members or not, may be able to
provide valuable information that will help law enforcement officials identify,
locate, and recover a vehicle that has been reported stolen. Registered members
are afforded greater access to information and services available at the web
site, are able to post information on the web site, and may become eligible for
rewards. (See #6 REWARDS)
4.2
Participation Instruction: StolenCar emphatically instructs any and all
visitors and members of the following: Any action undertaken to provide
information about a reported stolen vehicle MUST BE LIMITED to calling 911 (or
another law enforcement phone number.) This is the ONLY action that constitutes
acceptable participation in the StolenCar program. Visitors and members
are cautioned and advised that any further involvement in a criminal matter may
invite risk of accident or injury upon their person.
4.3
Participation Disclaimer: Acceptable participation in the StolenCar.com
program requires that participants take no action beyond calling 911 or other
authorized phone number to provide information about a suspected stolen
vehicle. Any actions taken by a visitor or member beyond this point terminate
any relationship between the individual and StolenCar.com. Moreover, said
individual relinquishes any and all rights to hold StolenCar.com, or any and
all associated companies and other interested parties, responsible in any way,
for any consequences that arise from taking improper actions. Participation is
at an individual's own risk.
5. FEES AND SERVICES SCHEDULE
5.1 There
is no charge to become a Registered Participant and there is no charge for
registering a stolen vehicle with StolenCar.com. There is a non-refundable $17.95
fee to upgrade a stolen vehicle registration in order to have StolenCar.com
issue Stolen Vehicle ALERTS. Vehicle owners may pre-register their vehicle in
the program for $2.50 and avoid any upgrade fees in the event their vehicle is
ever stolen.
6. REWARDS: PREMISE, ELIGIBILITY, AND RELEASE
6.1
StolenCar premise for offering rewards are as follows: StolenCar.com
believes that it is the civic responsibility for individuals to report any
knowledge that they may have regarding a stolen vehicle to the police.
StolenCar also believes that offering incentives for responsible
behavior will serve to increase this activity, and therefore provide a great
benefit to many individuals, companies, and organizations. There is no legal
obstacle to reporting and registering information with StolenCar that
has already been reported to the proper law enforcement agencies.
6.2
Tippers that participate in the StolenCar program, in accordance with
the published guidelines herein, may become eligible to receive rewards for
having provided information that leads to the recovery of a vehicle that has
been reported stolen.
6.3
Reward Release. While making every effort to insure that "Tippers"
who provide information that lead to the recovery of a stolen vehicle receive a
reward, StolenCar MAKES NO GUARANTEE that any "Tipper" will
receive a reward. Therefore, Tippers shall hold StolenCar.com, or its parent
company, Collaborative Information Services, Inc., harmless for any failure to
receive a reward payment. Further, in the event that a "Tipper" does
not receive a reward for information provided that lead to the recovery of a
stolen vehicle, said "Tipper" releases StolenCar.com, including
its officers, directors, agents, subsidiaries and employees, from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of, or in any way connected with, such disputes. If you are a California
resident, you waive California Civil Code �1542, which says: "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
6.4
Participating Members authorize StolenCar to share submitted information
on the location of vehicles to relevant law enforcement agencies.
7. WEB SITE ACCESS AND INTERFERENCE
7.1 The
StolenCar web site may contain robot exclusion headers and you agree
that you will not use any robot, spider, other automatic device, or manual
process to monitor or copy our web pages or the content contained herein
without our prior expressed written permission. You agree that you will not use
any device, software or routine to interfere or attempt to interfere with the
proper working of the StolenCar.com site.
8. WARRANTY
8.1
StolenCar offers NO WARRANTY for its program or services. WE PROVIDE OUR
WEB SITE, PROGRAM AND SERVICES "AS IS", AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES FOR OUR WEB SITE, PROGRAM, AND/OR SERVICES. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer may not apply
to you. This warranty gives you specific legal rights and you may also have
other legal rights, which vary from state to state.
9. LIABILITY
9.1 IN NO
EVENT SHALL THE StolenCar PROGRAM, INC., ANY AND ALL ASSOCIATED
COMPANIES, AND/OR OTHER INTERESTED PARTIES BE LIABLE FOR ANY DAMAGES,
INCLUDING, BUT NOT LIMITED TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR INVOLVEMENT WITH OUR
SITE, SERVICES OR PROGRAM (HOWEVER ARISING, INCLUDING NEGLIGENCE.) Some states
do not allow the limitation of liability, so the foregoing limitation may not
apply to you.
10. INDEMNITY
10.1 You
agree to indemnify and hold us and our parent company, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand arising out
of your participation in the program, including, but not limited to reasonable
attorneys' fees, made by any third party due to or arising out of your breach
of this Agreement or the documents it incorporates by reference, or your
violation of any law or the rights of a third party.
11. LEGAL COMPLIANCE
11.1 You
shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our program and/or services.
12. CONTRACTUAL RELATIONSHIP
12.1 You
are participating in the StolenCar neighborhood watch for stolen
vehicles as a volunteer and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
13. NOTICES
13.1
Except as explicitly stated otherwise, any notices shall be given by postal
mail to StolenCar - Attn: Legal Department, 405 Tarrytown Rd, Suite
1367, White Plains, NY 10607. Or, if to you, notices shall be given to the
email address you provided to StolenCar during the registration process.
Any notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively, we
may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to StolenCar during the registration
process. In such case, notice shall be deemed given 3 days after the date of
mailing.
14. ADDITIONAL TERMS
14.1 Our
Privacy Policy, which is available at
http://www.StolenCar.com/privacy.html, is incorporated into these terms
and conditions by reference. We may change our Privacy Policy from time to time
and such changes are effective (10) days after being posted on the web site.
15. General
15.1 This
Agreement shall be governed in all respects by the laws of the State of New
York as such laws are applied to agreements entered into and to be performed
entirely within New York as New York residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our site may
be interfered with by numerous factors outside of our control. If any provision
of this Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall survive and be enforced. Headings
are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof.
This terms and conditions herein constitute the Privacy Policy for StolenCar.com.
If you
have questions or concerns regarding this statement, you should contact us by
e-mail at "Info" at StolenCar.com
StolenCar.com
is a website and program designed to help in the locating and recovery of
stolen vehicles. StolenCar respects your privacy by adhering to the
following policies with regard to information you provide to us. Specifically,
this statement informs you that:
�
You
exercise your own discretion in terms of what personally identifiable
information you provide to StolenCar.com
�
StolenCar.com
respects your privacy and will follow the guidelines herein to protect the
information you provide to us
StolenCar.com
Website -
The StolenCar Website will log IP (Internet Protocol) addresses for
security and anti-fraud purposes. IP addresses are 32 bit numbers that are
logged to track a user's session. All other information regarding visitors to
StolenCar is voluntarily provided by our users and is aggregated for the
purpose of understanding who is using our site. Your personal information is
not provided to advertisers, ad sales organizations, and other Web sites, but
may be provided to partnering insurance companies, law enforcement agencies,
and strategic partners at our discretion. In addition, law enforcement and
other outside agencies may subpoena information from StolenCar with an
order from a Judge.
Cookies
-
StolenCar does not currently employ the use of "cookies"
(small text files that persist in a browser's cache file) to track visitors
over time. StolenCar does employ the use of "Session Cookies"
(small text files downloaded to a browser's cache file) to assist functionality
during a single visit to StolenCar.com.
Online
Forms -
StolenCar uses a Stolen Vehicle Registration Form you to input
information about your stolen vehicle. StolenCar uses a Member
Registration Form that allows visitors to sign up as participants.
StolenCar uses a TIP Submission Form that allows participants to record
Tips they have made to police. Information on registered stolen vehicles,
provided by both the owner of the vehicle and by Tippers, is shared with
relevant law enforcement and government agencies for non-commercial purposes.
Affiliates/Partners
- We
may periodically offer promotions or sweepstakes in conjunction with some of
our sponsors, partners or affiliates. In such instances, we will provide you
with the opportunity to submit your information to the partner or affiliate for
registration purposes. Declining to submit such information will not adversely
affect your ability to use StolenCar.com.
Use of
Contact Information -
StolenCar uses Contact Information during the normal operation of its
program to communicate with participants. From time to time, we may also
provide information that we think you will find useful. In every such instance,
we will include instructions on how to unsubscribe from future e-mails from
StolenCar.com.
COPPA - In accordance with
the Federal Children's Online Privacy Protection Act of 1998 (COPPA),
StolenCar will never knowingly solicit information from, nor will it
accept personally identifiable information from users known to be under
thirteen (13) years of age.
Other
Companies -
Other companies which advertise on StolenCar may collect information
about you when you view or click on their advertising. StolenCar cannot
control the collection of this information. You may want to contact these
advertisers or content providers directly if you have any questions about their
use of your information. StolenCar will not otherwise share your
information unless required to do so as part of a legal proceeding or as
dictated by law.
Third
Party Links - If
you choose to link to a site operated by a third party be advised that
StolenCar.com' Privacy Policy no longer applies. We recommend you read the
privacy policy posted by that site.
Security
-
StolenCar has commercially reasonable security measures in place to
protect the loss, misuse and alteration of the information under our possession
or control.
Correct/Update
-
StolenCar makes reasonable efforts to ensure the accuracy of the information
it maintains. You may update or modify information you provide to
StolenCar.com. To do this, contact us using our Online Contact form, or by
sending an email to "Info" at StolenCar.com.
StolenCar.com
retains the right to modify or update its Privacy Policy at any time. The terms
and conditions of subsequent Privacy Policy statements are deemed to be in
effect within 5 days of being posted to the website.
E-Mail
-
StolenCar may send you e-mail at any point we deem necessary or
appropriate.