StolenCar: 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.
1.1 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 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.
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, 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 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, 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.
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 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. Moreover, said individual relinquishes any and all rights to hold StolenCar, 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. There is a non-refundable $17.95 fee to upgrade a stolen vehicle registration in order to have StolenCar 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 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, 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, 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.
8.1 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.
9.1 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.
10.1 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.
13.1 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
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.