YOUR CAR QUESTIONS

Acceptance of Terms Policy:

A. Terms and Definitions

1. Acceptance of Terms
Welcome to www.yourcarquestion.com ("Service" or "Site") owned and operated by Joseph and Lisa Detjen. By using the Site in any way, you are agreeing to comply with and be bound by this Agreement, any related agreements including, without limitation, the Privacy Policy, Referral Program Agreement for affiliates and referrers (collectively "Related Agreements"), and all rules, policies and disclaimers (including FAQs) posted on the Site or about which you are notified (collectively "Terms"). If you do not agree with all the Terms, do not use the Site. Please review all of the Terms carefully before using the Site.

By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.

2. Definitions
In the Terms, "User," "you" and "your" refer to the individual or entity that creates a Your Car Question account as a Customer and/or Answer Man. "Your Car Question," "we," "us" and "our" refer to Your Car Question. "Customer" refers to the person who asks a question on the Site. "Answer Man" refers to the person who answers a question on the Site.

3. Right to Modify
Your Car Question may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.

B. The Website

4. Your Car Question Is a Venue; Third-Party Content
The Your Car Question Site is a venue for informational and educational purposes to allow Customers to ask questions and Answer Men to answer them. Users of the Site, not Your Car Question, provide the content in questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site ("Posts"). The Answer Men determine which questions to answer; Answer Men are not employees or agents of Your Car Question but are, like Customers, simply Users of the Site.

Your Car Question is not involved in the conversation between Customers and Answer Men and does not refer Customers to or endorse or recommend particular Answer Men. You acknowledge that Your Car Question cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Accordingly, Your Car Question is not liable for any acts or omissions of Answer Men, content in Posts, the ability of Answer Men to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Answer Men will complete a transaction. Notwithstanding the foregoing, Your Car Question reserves the right, but is not obligated, to refuse to post or to remove any content.

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.

5. Posts Not Private or Confidential; Anonymity
The Site is an Internet-based venue. Information submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site (collectively "Posts") is not private or confidential and may be read, collected, and used by others. To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.

6. No Reliance on Term "Answer Men"; Verification
Your Car Question has contracted with third-party services to verify certain of the credentials of Answer Men in some but not all of the categories. Your Car Question does not perform these verifications. The results are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. User verification on the Internet is difficult; Your Car Question makes efforts to verify, but cannot warrant or guarantee, a User's purported identity. For these reasons, Your Car Question cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Answer Men.

Throughout this Site, certain terms including “Answer Men”, "Expert", "Specialist", "Consultant" or "Advisor" may be used to refer to Users who answer questions on the site. Use of these terms provides no assurance that the person answering your question has any expertise or qualifications relating to the particular category or to give such response. Information provided about Answer Men is provided by those Answer Men and not verified by Your Car Question, with the limited exceptions noted above. Your Car Question will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.

7. Information Not Advice; No Client-Professional Relationship
Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (mechanical, legal, tax, financial, etc.) advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Answer Men in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

Communications on this site do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

C. User Accounts

8. User Accounts; Restricted Activities; Suspension or Termination of Service
When you register as a User on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Your Car Question of any unauthorized use of your password or account. You should only create one account on the Site. If any Your Car Question account of yours has been suspended or terminated, you may not open another account on the Site.

You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Your Car Question accounts.

Any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Your Car Question has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with Your Car Question or the Site (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections); (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (j) are prohibited under the Terms; or (k) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without Your Car Question prior written consent.

You are prohibited from soliciting Users of this Site, including Experts, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with Your Car Question or the Site or charges money to receive answers or to communicate with purported Answer Men or specialists).

If you wish to terminate your service, you may do so by furnishing Your Car Question with written notice of your decision. Your notification must be sent via e-mail to info@yourcarquestion.com. Cancellations will be effective within 7 business days. All debts and fees must be paid before cancellation can take effect. Termination of your account does not affect your liability or obligations under the Terms.

At any time, without notice, for any or no reason, Your Car Question reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users’ accounts.

9. Fees, Deposits and Refunds
The fee for an answer is $9.95 and is to be paid when submitting your question. A portion of this price will go to Your Car Question for the use of its Site. The rest will go to the Expert (Answer Men) who submitted the answer.

Payment is required before you may view the answer to a question you have posted. The Fee for the answer is not refundable at the present time, but Your Car Question reserves the right to change this policy upon thirty (30) days prior notice by email to the email address on file with Your Car Question or by posting the revised terms in a revised Terms of Service. Fees do not accrue interest. Once you've received and paid for an answer, however, you have no right to a refund. If you believe you are entitled to a refund, you may submit a request containing full details for consideration to info@yourcarquestion.com.

Your Car Question maintains the right to initiate special incentive and pricing programs. These may be limited, at Your Car Question sole discretion, to defined and limited Users or non-Users.

10. Receipt of Special Offers and Other Communications
By accepting this Agreement, you are agreeing to receive coupons, special offers, and other communications from Your Car Question per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your Your Car Question profile.

D. Legal Statements

11. Release
Users are responsible for their acts and omissions and content placed on the Site. Because the Your Car Question Site is a venue, in the event that you have a dispute with one or more Users, you release Your Car Question (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

12. Proprietary Rights of Content
You acknowledge and agree that Your Car Question owns the rights to its website justanswer.com and all of the non-third-party content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Your Car Question, Your Car Question Users, or Your Car Question Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes.

For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You agree that Posts on the site, or materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of Your Car Question, will not be considered confidential and may be used by Your Car Question , in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.
You grant to Your Car Question a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.

13. No Endorsement of Non-Your Car Question Entity; No Relationship with Users
Your Car Question may endeavor to offer to its Users products and services offered by non-Your Car Question entities. Placement of information, logos, links or names of such non-Your Car Question entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold Your Car Question harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Your Car Question or between any User (including Customers and Experts) and Your Car Question by formation of this Agreement (or any of the Related Agreements) or by your participation on the site.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

14. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Your Car Question is not responsible for the acts or omissions of Users on the Site.

The amount of storage space per User is currently limited. You agree that Your Car Question is not responsible or liable for the deletion or failure to store content and/or other information.

15. Exclusion of Warranties
YOUR CAR QUESTION SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

YOUR CAR QUESTION DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR CAR QUESTION DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, JUSTANSWER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES WILL YOUR CAR QUESTION BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS ANSWER MEN, EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK.

16. Limitation of Liabilities
IN NO EVENT SHALL YOUR CAR QUESTION, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO YOUR CAR QUESTION IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You and Your Car Question agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.

17. Indemnification
You agree to indemnify, defend and hold Your Car Question, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. To the extent any such claim is brought to Your Car Question attention and not to your attention, Your Car Question shall provide you reasonable notice of such claim. Your Car Question shall be entitled to participate in the defense of such claim.

18. Press Releases and Third-Party Press About Your Car Question
The Site may contain press releases and other information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. Likewise, third-party press about Your Car Question or the Site should not be relied upon as being provided or endorsed by Your Car Question.

19. Choice of Law and Forum
CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.

DISPUTES; DISPUTE RESOLUTION. All disputes, claims and controversies, of any sort or nature, between the parties, arising out of the use of the Site ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the user’s email address on file with Your Car Question, or (b) Joseph Detjen., P.O. Box 2213, Clovis, CA 93613 or info@yourcarquestion.com, whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association ("AAA") (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at $50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.

NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joiner allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the Fresno County, California courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.

20. Agreement; Miscellaneous
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Your Car Question employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Your Car Question), the Terms will prevail.

To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, and the Expert Agreement and Privacy Policy will prevail for Experts, over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, the Expert Handbook, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Your Car Question failure to exercise or enforce any of the Terms shall not constitute a waiver of Your Car Question right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You may not assign the Terms to any other party. Your Car Question shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Your Car Question. No delay or omission on the part of Your Car Question in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms re solely used for the convenience of the parties and have no legal or contractual significance.