Auto Defects and Recalls
 

AutoDefectsAndRecalls.com (sometimes referred to as the "Website") is offered to you (the "User") by TC Direct (the "Company") conditioned on your acceptance without modification of the terms, conditions, and notices contained in this "Terms of Service" section (the "Agreement"). Your use of the Website constitutes your agreement to all such terms, conditions and notices. The Company may change the "Terms of Service" section from time to time. By continuing to use the Website following such modifications, you agree to be bound by such modifications to the Terms of Service.
Description of the Service Offered.

TC Direct is a computerized program which provides a mechanism pursuant to which consumers can obtain information regarding auto warranty providers and brokers. TC Direct is not an auto warranty provider or broker and does not make loans or credit decisions in connection with loans or service contracts. The Company is not an agent of the User or any participating auto warranty provider or broker.

The listing of companies on the Website, and/or your ability to "click-through" to another website from the Website, or the forwarding of your information form to a participating auto warranty provider or broker, does not constitute a referral. Information contained on the Website is provided for general informational purposes. You may choose to use or not to use the information contained on the Website. TC Direct does not recommend, refer, advise, or prefer individuals to use any particular company. In all cases, you should make your own judgments as to which service providers to use. The auto warranty provider or broker is solely responsible for its services to you, and you agree that the Company shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of any auto warranty provider or broker's services.

The information form you submit is NOT an application for a warranty or service contract. It is a request for auto warranty provider or broker information. You will have to complete an application with an auto warranty provider or broker before they will extend a loan offer to you. The Company does not guarantee that the warranty terms or rates offered and made available by participating auto warranty providers or brokers will be the lowest rates available in the marker or will have the best terms. Nothing contained herein shall constitute an offer or promise for a warranty or service contract commitment or price lock-in agreement.

The Company does not charge the User any fees for its services. The Company receives its compensation from advertisers on the Website and from auto warranty providers or brokers for goods, services and/or facilities actually provided by the Company. The Company's compensation from auto warranty providers or brokers varies according to quantity and filtering requirements.

ONCE YOU HAVE SUBMITTED THE FORM, THE INFORMATION CONTAINED ON THE FORM MAY BE FORWARDED TO UP TO THREE WARRANTY PROVIDERS OR BROKERS, AND THOSE AUTO WARRANTY PROVIDERS OR BROKERS MAY CONTACT YOU BY TELEPHONE. BY SUBMITTING THE FORM, YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS FROM THESE AUTO WARRANTY PROVIDERS AND BROKERS. DO NOT SUBMIT THE FORM IF YOU DO NOT CONSENT TO BEING CALLED BY THE AUTO WARRANTY PROVIDERS OR BROKERS THAT OBTAIN YOUR INFORMATION.

Your information form will be forwarded to up to three auto warranty providers or brokers, who will make certain disclosures to you. However, Company (and its participating auto warranty providers and brokers) does not guaranty that any auto warranty provider or broker will contact you. Whether an auto warranty provider or broker contacts you is based upon a neutral filtering process administered by TC Direct, and the decision of the participating auto warranty provider or broker.

User promises that all of the information User has provided on its information form is true and complete. User authorizes the Company to forward User's information to its network of participating auto warranty providers and brokers. User understands that these persons may keep User's information, whether or not User completes a warranty or service contract transaction with them.

Nothing in the Website constitutes an offer, promise or otherwise, either to make a specific offer or that any participating auto warranty provider or broker will make any offer for any purpose or on any specific terms. All decisions related to the offer are made by the participating auto warranty provider or broker in the course of its normal business operations, and any applicable offerings are made to qualified applicants in separate contracts and related documents which are required by applicable state and federal laws of the United States of America. Warranty and service contracts may only be made to residents of states where participating auto warranty providers and brokers are licensed and/or authorized to make such offers. By acquiring your information through the Website, participating auto warranty providers or brokers are not attempting to make offers outside their authorized states or country.

The Company reserves the right to change any information on the Website, including but not limited to, revising and/or deleting warranty products or related information as offered by participating auto warranty providers or brokers without prior notice. The Company further reserves the right to discontinue the offering of warranty products or related information in any specific state.
Warranties and Limitation of Liability.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem. By using the Website, including any applets, software, and content contained therein, you agree that use of the Website is entirely at your own risk.

THE WEBSITE, ITS USE AND THE SERVICES THAT THE WEBSITE PROVIDES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, BY OR AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

 

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NEITHER THE COMPANY NOR ANY OF ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, ITS USE AND/OR THE SERVICES THAT THE WEBSITE PROVIDES OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE COMPANY, ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Proprietary Rights.

The Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any screens appearing on the Website. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement, for any purpose. However, you may print a copy of the information on the Website for your personal use or records. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and you may be subject to penalties. The Company does not grant any license or other authorization to any User of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on the Website.
Links from and to this Website.

You acknowledge and agree that the Company has no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by the Company of the sponsors of such websites or the content, products, advertising or other materials presented on such sites.

Information in the web pages that are linked to the Website comes from a variety of sources. Some of this information comes from official Company licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to the Company. The Company does not author, edit, or monitor any of these pages or links. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external websites or resources.

The Company may use third-party advertising companies to serve ads on the Website. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here.
Compliance with Laws and Regulations.

Your access to and use of the Website are subject to all applicable federal, state, local, and international laws and regulations.
Privacy.

Except as may otherwise be required by law, the Company adheres to the "Privacy Policy" posted on the Website. You should be aware, however, that a linked website may contain privacy policies that differ from the Company's policy. Neither the Company nor its stockholders, directors, employees, agents, successors, assigns or affiliates are responsible for any of those other websites' provisions and expressly disclaim any liability related to such policies.
Unauthorized Links.

The Company prohibits unauthorized hypertext links to the Website or the framing of any content available through the Website. The Company reserves the right to disable any unauthorized links or frames.
Use of "Cookies."

The Company reserves the right to store information on your computer in the form of a "cookie" or similar file or device for the purpose of modifying the Website to enhance your browsing experience and track your website navigation preferences. If you do not wish to permit "cookies" to be stored on your computer, you may disable them by following the instructions provided with your browser software. If you elect to disable "cookies," however, please be aware that you will not be able to use certain websites and that your browsing experience at the Company's Website and other sites may suffer.
Violations of Terms of Use.

The Company reserves the right to seek all remedies available for violation of the Agreement, including the right to block access from a particular Internet address to the Website.
Indemnification.