Terms of Service

Welcome to AskZuma, the Web and mobile application-based provider of automotive repair cost and warranty, automotive shop finder, roadside assistance, and related services. AskZuma is owned and operated by AskZuma Corporation (the "Company," "we," "our," or "us").

This Web page explains the terms by which you may access and use our services. By doing so, you accept and agree to be bound by these terms of service ("Terms of Service") and our privacy policy ("Privacy Policy"), whether you are accessing and using our services through our askzuma.com Web site or mobile application, as a visitor or registered AskZuma VIP Member ("VIP Member").

Use of Our Services

We grant you a limited, non-exclusive, non-assignable, and non-transferable license to access and use our services as set forth in these Terms of Service.

You may use our free automotive repair cost estimator, automotive shop finder, or roadside assistance services ("Free Services") as a visitor to our Web site or mobile application. However, you will need to register to become a VIP Member on our Web site or mobile application to take advantage of our additional services and benefits, such as cost-savings and extended warranties for automotive repair and discounted rates for automotive insurance, automobile club memberships, and our network of affiliated local automotive repair shops and dealers.

When you create your VIP Member account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your VIP Member account, and you must keep your VIP Member account password secure. You must notify us immediately of any breach of security or unauthorized use of your VIP Member account. Although we will not be liable for your losses caused by any unauthorized use of your VIP Member account, you will be liable for our losses due to such unauthorized use.

We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to our services, Web site or mobile application without notice and liability, if we determine that you violated any term of these Terms of Service, including but not limited to attempting to interfere with or compromise the system integrity of our servers, uploading invalid data, viruses, or other software agents to our Web site or mobile application, interfering with the proper working of our services, Web site, or mobile application, or bypassing the measures we may use to prevent or restrict access to our services, Web site, or mobile application. Upon termination by us of your access to our services, Web site, or mobile application for any reason, you continue to be bound by these Terms of Service.

Intellectual Property

Our services, Web site and mobile application, all content and materials provided or contained therein, and all Intellectual Property Rights related thereto, are the exclusive property of the Company. Except for the limited license granted herein, these Terms of Service will not grant you any right, title, license, or claim, exclusive or otherwise, to our services, Web site, mobile application, or related Intellectual Property Rights. Any use of our services, Web site and mobile application, all content and materials provided or contained therein, and all Intellectual Property Rights related thereto, for any purpose not expressly permitted by these Terms of Service is strictly prohibited.

For the purposes of these Terms of Service, "Intellectual Property Rights" includes but is not limited to all patent rights, copyrights, trademarks, trade dress, service marks, trade secrets, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

Eligibility

You must be 13 years of age or older to use our Free Services, and at least 18 years of age, or the age of majority in your local jurisdiction, to become a VIP Member. Individuals under the age of 18, or applicable age of majority, may use our services only with the involvement of a parent or legal guardian and otherwise subject to these Terms of Service.

Privacy

Our use of your personally identifiable information is subject to our Privacy Policy, which can be viewed here.

Security

We have implemented commercially reasonable physical, organizational, and technological safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our safeguards or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Web sites, Advertisers, or Services

Our Web site may contain links to third-party Web sites, advertisers, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party Web sites or services. If you access a third-party Web site from our Web site, you do so at your own risk, and you understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites or services. We disclaim any and all liability arising from your use of any third-party Web site or services or third-party content. Additionally, your dealings with or participation in promotions of advertisers found on our Web site, including payment and delivery of goods or services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Please read carefully the terms and conditions and privacy policy of any third-party Web site or service that you visit.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, or affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including but not limited to attorney's fees) arising from your access and use of our services, Web site or mobile application, your violation of any term of these Terms of Service, your violation of any third-party rights, or your violation of any law, rule, or regulation of the United States or any other jurisdiction.

No Warranties

THE SERVICES PROVIDED BY ASKZUMA ON ITS WEB SITE AND MOBILE APPLICATION ("THE SERVICES") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

EXCEPT FOR ANY EXTENDED WARRANTY SERVICES FOR AUTOMOTIVE REPAIRS PROVIDED BY ASKZUMA TO ITS VIP MEMBERS IN ACCORDANCE WITH THEIR TERMS AND CONDITIONS, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

ASKZUMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ASKZUMA'S WEB SITE OR MOBILE APPLICATION, OR FEATURED IN ANY OTHER THIRD-PARTY ADVERTISING, AND ASKZUMA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitations on Liability

IN NO EVENT WILL ASKZUMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, OR EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID FOR AN ASKZUMA VIP MEMBERSHIP.

IN NO EVENT WILL ASKZUMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR ACCESS OR YOUR INABILITY TO ACCESS OR USE, OR YOUR UNAUTHORIZED ACCESS OR USE OF THE SERVICES.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ASKZUMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

General

These Terms of Service will be governed by and construed and interpreted in accordance with the laws of the State of Ohio, without respect to its conflict of laws principles. The sole and exclusive venue for any action brought under these Terms of Service will be in a federal or state court in Franklin County, Ohio.

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice or through conspicuous posting of such notice on our Web site or mobile application, as determined by us in our sole discretion.

These Terms of Service, together with any other legal notices and agreements published by us, will constitute the entire agreement between you and the Company concerning our services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect.

No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service will not constitute a waiver of such right or provision.

Changes to Terms of Service

We may change these Terms of Service at any time and without notice. If and when we do change these Terms of Service, we will post any changes on this Web page and indicate the date these Terms of Service were last updated. Your continued use of our services after any changes are made by us to these Terms of Service constitutes your acceptance of and agreement to the updated Terms of Service. If you do not agree to any of these Terms of Service or any future updated terms of service, please do not use, access, or continue to access our Web site or mobile application.

Questions or Feedback

If you have any questions or concerns about our services, please contact us by clicking on the Web page of our Web site or appropriate link on our mobile application.
Last updated: October 1, 2013

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