Terms of Use Agreement

Terms of Use Agreement

Welcome to CarBase. This Terms of Use Agreement ("Agreement") is a binding legal contract between you, whether personally or on behalf of an entity ("you") and Avers GmbH, operating as CarBase ("CarBase," "we," "us," or "our"), governing your access to and use of the CarBase website located at www.avers-europe.com, along with all related applications, tools, and services (collectively, the "Services").

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By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials to the site, you agree to be bound by this Agreement, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate. If you do not agree to all the terms and conditions of this Agreement, you should not use the Services.

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1. Modifications and Changes to Terms

CarBase reserves the right, in its sole discretion, to change, modify, or otherwise alter this Agreement at any time. You must review this Agreement on a regular basis to keep yourself apprised of any changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

2. Access and Use of the Services

  • Eligibility: The Services are intended solely for users who are 18 years of age or older, and any registration, use, or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement.
  • Service Access: CarBase grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services strictly in accordance with this Agreement.
  • Account Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.

3. Conditions of Use

  • User Conduct: You agree not to use the Services in any manner that is illegal, unethical, harassing, threatening, intimidating, fraudulent, or in violation of our terms.
  • Intellectual Property: All content and software on or available through the Services are the property of CarBase or its licensors and are protected by copyright and other intellectual property laws.
  • User Contributions: Any feedback, comments, ideas, improvements, suggestions, or other contributions you provide to CarBase regarding the Services will be received and treated by CarBase on a non-confidential and non-proprietary basis.

4. Disclaimers; Limitations; Waivers of Liability

  • Disclaimers: You expressly agree that use of the Services is at your sole risk. The Services and any data, information, third-party software, content (including commercial content), reference sites, services, or applications made available in conjunction with or through the Services are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied.
  • Limitations of Liability: CarBase and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Services; or (e) any other matter relating to the Services.

5. Dispute Resolution and Arbitration

  • Governing Law: This Agreement shall be governed by the laws of Germany without regard to its conflict of law provisions.
  • Arbitration: Any disputes arising out of or related to this Agreement or the Services shall be resolved by binding arbitration in Munich, Germany, in accordance with the rules of the German Arbitration Association.

6. General Terms

  • Entire Agreement: This Agreement, together with any amendments and any additional agreements you may enter into with CarBase in connection with the Services, shall constitute the entire agreement between you and CarBase concerning the Services.
  • Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CarBase's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

7. Content and User Content

  • Content Ownership and License: CarBase owns or has rights to all of the content we make available through the Services, but you may use it as provided by us through the Services, subject to this Agreement. User Content is owned by you or whoever created it, but by posting it through the Services, you grant CarBase a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content, including any names, voices, and likenesses contained therein, in any form.
  • User Content Representations: You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to CarBase all patent, trademark, trade secret, copyright, or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms of Use.

8. Prohibited Conduct

You agree not to engage in the following prohibited activities: copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services; transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; uploading invalid data, viruses, worms, or other software agents through the Services; collecting or harvesting any personally identifiable information, including account names, from the Services; using the Services for any commercial solicitation purposes; impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity; interfering with the proper working of the Services; accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

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9. Changes to the Service

CarBase reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that CarBase shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

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10. Termination

CarBase may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Services. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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11. Warranty Disclaimers

The Services are provided "as is," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from CarBase or through the Services will create any warranty not expressly stated herein.

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12. Indemnity

You agree to indemnify and hold harmless CarBase, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.

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13. Miscellaneous

This Agreement constitutes the entire agreement between CarBase and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CarBase, or by the posting by CarBase of a revised version.

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14. Dispute Resolution

Before resorting to legal proceedings, you must first contact us directly and work with us to resolve the dispute. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Munich, Germany.

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15. Feedback

We welcome any feedback, but please note that we may use your feedback without any obligation to compensate you for them (just as you have no obligation to offer them).

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Contact Information

If you have any questions about this Agreement, please contact us at sales@avers-europe.com or +49 172 6396978.

Effective Date: This Terms of Use Agreement was last updated on [Insert Date].

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