CarDana Terms of Use

Terms of Use

Effective February 1, 2018

Please read the following Terms of Use carefully. By using this Website, you acknowledge that you have read the following Terms of Use and agree to be bound by them as may be amended by CarDana from time to time, and posted on this Website. If you do not agree to these Terms of Use do not use the Website.

Legal Name and Address

CarDana Inc. is a Delaware Corporation with headquarters in California, located at P.O. Box 4904, Laguna Beach, CA, 92652. For purposes of these Terms of Use, references to CarDana shall include any directors, officers, employees and affiliated companies.

COPYRIGHT CarDana 2017-18. ALL RIGHTS RESERVED.

Copyright in the pages and on the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by CarDana unless otherwise indicated.

Service Marks and Patent Notice

CarDana® CarDana,® DRIVEN to Give®, Driven to Give®

Use of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear are subject to change. Unauthorized use of CarDana websites and systems including, but not limited to, unauthorized entry into CarDana systems, misuse of any password, user ID, e-mail address or misuse of any information posted on a site is strictly prohibited. Not all services are available in all geographic areas. Your eligibility for particular programs and services is subject to final determination by CarDana.

Links and Third Party Product and Service Providers

This Website may contain links from unaffiliated third parties. Such unaffiliated third partys’ websites may make statements or representations regarding CarDana which may differ from the statements and representations made on this website. Differences between this website and an unaffiliated third party’s website will be governed by the terms shown on the CarDana website. CarDana is not responsible or liable for any such differences or discrepancies. CarDana HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PROGRAMS, STATEMENTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEBSITE. BY CREATING A LINK TO A THIRD PARTY WEBSITE, CarDana DOES NOT ENDORSE OR RECOMMEND ANY PROGRAMS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEBSITE, NOR IS CarDana LIABLE FOR ANY FAILURE OF PROGRAMS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF CarDana AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE CarDana WEBSITE.

Errors

This Website could include technical inaccuracies or typographical errors.

Potential Disruption of Service

Access to this Website may from time to time be unavailable.

No Warranty

THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” and “AS AVAILABLE.” CarDana DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT, NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

Limitation of Liability

IN NO EVENT WILL CarDana BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CarDana OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE USER AGREES TO INDEMNIFY, DEFEND, AND HOLD CarDana HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING ATTORNEYS’ FEES RELATED TO A USER’S VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS WEBSITE.

Information Provided By You

All information submitted to CarDana via this site shall be deemed and remain the property of CarDana and CarDana shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides CarDana through this Website. CarDana shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed by CarDana or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing CarDana responsibilities and obligations to customers in accordance with the CarDana Privacy Policy. CarDana may use any information submitted on this Website to contact you about your account, including the use of any e-mail address submitted for purposes of corresponding with you about your account and such correspondence may contain the status of your account.

Availability

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Additional Terms

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

General

These Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of California without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of Orange County, California, United States of America. Users consent to extraterritorial service of process and submit to the jurisdiction of said courts. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by CarDana shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use.

These Terms of Use were last updated February 1, 2018. Please check back periodically for updates and changes.