Terms of Service

Updated May 13, 2013


The following terms and conditions govern all use of the eCarCrash.com website and all content, services and products available at or through the website. The Website is owned and operated by LaunchPad Lab, LLC. (“LaunchPad Lab”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LaunchPad Lab’s Privacy Policy) and procedures that may be published from time to time on this Site by LaunchPad Lab (collectively, the “Agreement”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. 

By using the eCarCrash.com website (the “Site”) or any eCarCrash applications, you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to eCarCrash.com and/or LaunchPad Lab LLC, as appropriate, and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

eCarCrash.com is an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own documents. Customer need not download or even license eCarCrash software. The Site includes general information on commonly encountered legal issues. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. eCarCrash is not a law firm and may not perform services performed by an attorney. eCarCrash and its Services are not substitutes for the advice of an attorney.

eCarCrash strives to keep its content accurate, current and up-to-date. However, because the law changes rapidly, eCarCrash cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind eCarCrash provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

This Site and Applications are not intended to create any attorney-client relationship, and your use of eCarCrash does not and will not create an attorney-client relationship between you and LaunchPad Lab and/or eCarCrash. Instead, you are and will be representing yourself in any legal matter you undertake through eCarCrash’s services.

1. Privacy Policy. We respect your privacy and permits you to control the treatment of your personal information. eCarCrash’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a email and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, email or password at any time. You agree to notify LaunchPadLab/eCarCrash immediately of any unauthorized use of your account, user name or password. LaunchPad Lab/eCarCrash shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge.

In connection with the use of certain eCarCrash products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant LaunchPad Lab a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by LaunchPad Lab at any time by removing your personal information from the applicable service.

2. Ownership. This Site and Applications are owned and operated by LaunchPad Lab LLC All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by LaunchPad Lab LLC. Except as otherwise expressly provided, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of LaunchPad Lab’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by LaunchPad Lab.

3. Limited Permission to Download. LaunchPad Lab hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than LaunchPad Lab (each a “Third Party Site”). LaunchPad Lab works with a number of partners and affiliates whose sites are linked with eCarCrash. eCarCrash may also provide links to other citations or resources with whom it is not affiliated. LaunchPad Lab is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. LaunchPad Lab makes no guarantees about the content or quality of the products or services provided by such sites. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that LaunchPad Lab is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of eCarCrash Legal Forms. On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” forms. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

License to Use. LaunchPad Lab grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

Resale of Forms Prohibited. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of LaunchPad Lab.

6. DISPUTE RESOLUTION BY BINDING ARBITRATION Please read this carefully. It affects your rights. Summary: Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us. In the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement: (a) LaunchPad Lab and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: ▪ claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; ▪ claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); ▪ claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and ▪ claims that may arise after the termination of these Terms. You agree that, by entering into these Terms, you and LaunchPad Lab are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

Rights and Responsibilities of LaunchPad Lab. LaunchPad Lab is not the publisher or author of the User Content. LaunchPad Lab takes no responsibility and assumes no liability for any content posted by you or any third party. Although we cannot make an absolute guarantee of system security, LaunchPad Lab takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If LaunchPad Lab’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, LaunchPad Lab reserves the right to delete those files or to stop those processes. If the LaunchPad Lab technical staff suspects a user name is being used by someone who is not authorized by the proper user, LaunchPad Lab may temporarily disable that user’s access in order to preserve system security. In all such cases, LaunchPad Lab will contact the member as soon as feasible.

LaunchPad Lab has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

Rights and Responsibilities of eCarCrash Users or Other Posters of User Content. You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any eCarCrash service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content: ▪ that is known by you to be false, inaccurate or misleading; ▪ that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below; ▪ that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below; ▪ that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below; ▪ that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party; ▪ that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information; ▪ that contains any computer virus, worms, or other potentially damaging computer programs or files; ▪ that otherwise violates these Terms of Use.

7. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LaunchPad Lab EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LaunchPad Lab MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LaunchPad Lab SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

8. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD LaunchPad Lab AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF LaunchPad Lab HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF LaunchPad Lab, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.

9. Unsolicited Submissions. We do not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted through or in association with this Site shall be considered non-confidential and LaunchPad Lab’s property.

10. Compliance with Intellectual Property Laws. When accessing eCarCrash.com or using the eCarCrash services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your eCarCrash user account.

11. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

12. Personal Use. The site is made available for your personal use on your own behalf.

13. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

14. Governing Law; Venue.* By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

15. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, LaunchPad Lab LLC. ALL RIGHTS RESERVED.

16. Right to Refuse. You acknowledge that LaunchPad Lab reserves the right to refuse service to anyone and to cancel user access at any time.

17. Acknowledgement. BY USING eCarCrash’s SERVICES OR ACCESSING THE eCarCrash SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.