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TERMS OF USE

Last updated: 12/20/24

AGREEMENT TO OUR LEGAL TERMS

We are TotallyCar LLC (“Company,” “we,” “us,” “our”).

We operate https://www.TotallyCar.com, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at info@TotallyCar.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and TotallyCar LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES

  2. INTELLECTUAL PROPERTY RIGHTS

  3. USER REPRESENTATIONS

  4. PROHIBITED ACTIVITIES

  5. USER GENERATED CONTRIBUTIONS

  6. CONTRIBUTION LICENSE

  7. SERVICES MANAGEMENT

  8. TERM AND TERMINATION

  9. MODIFICATIONS AND INTERRUPTIONS

  10. GOVERNING LAW

  11. DISPUTE RESOLUTION

  12. CORRECTIONS

  13. DISCLAIMER

  14. LIMITATIONS OF LIABILITY

  15. INDEMNIFICATION

  16. USER DATA

  17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  18. MISCELLANEOUS

  19. CONTACT US

  20. REVIEW GUIDELINES

1. OUR SERVICES

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2. INTELLECTUAL PROPERTY RIGHTS

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If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@TotallyCar.com.

3–19

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Section 10: GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of the State of Missouri, United States. TotallyCar LLC and you irrevocably consent that the courts of St. Louis County, Missouri shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Section 11: DISPUTE RESOLUTION

Informal Negotiations:
The Parties agree to attempt informal negotiation for at least 30 days before arbitration.

Binding Arbitration:

  • Arbitration Body: American Arbitration Association (AAA)

  • Number of Arbitrators: One (1)

  • Seat of Arbitration: St. Louis, Missouri

  • Language: English

  • Governing Law: State of Missouri, United States

Section 14: LIMITATIONS OF LIABILITY

Final sentence corrected:

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (B) $100.

20. REVIEW GUIDELINES

Welcome to our review section! We value your feedback and strive to maintain an honest, respectful, and helpful review environment. To ensure this, we have established the following guidelines for submitting reviews:

1. Be Honest and Constructive

  • Share your genuine experience with our products or services.

  • Provide specific details to help others make informed decisions.

2. Avoid Spam and Promotional Content

  • Do not include advertisements, links to external websites, or promotional content.

  • Refrain from submitting duplicate reviews.

3. Use Respectful Language

  • Avoid profanity, offensive remarks, or personal attacks.

  • Constructive criticism is welcome, but please keep it civil.

4. Stay Relevant

  • Ensure your review focuses on the product or service you are reviewing.

  • Off-topic comments may be removed.

5. Authentic Submissions Only

  • Only submit reviews based on your personal experience.

  • Fake reviews or reviews written on behalf of others are not permitted.

6. Privacy and Personal Information

  • Do not include sensitive personal information (e.g., phone numbers, addresses, emails).

  • Protect your privacy and that of others.

7. Moderation and Approval

  • All reviews are subject to moderation.

  • We reserve the right to remove reviews that violate these guidelines.

By submitting a review, you agree to adhere to these guidelines. Failure to comply may result in your review being removed or your account being restricted.

Thank you for contributing to a helpful and respectful review community!

21. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
info@TotallyCar.com