Terms of Service

1. General

These terms of service (referred to in this document as these "Terms") govern your use of the following (collectively, the "Services"): (a) https://crainvision.com and all other Internet websites or applications owned or operated by CRAIN AUTOMOTIVE HOLDINGS, LLC, or any of its affiliates (referred to in this document as "Company") on which these Terms are posted (all such sites are collectively referred to in this document as the "Site"), as well as any content, products, services, features, functions or other resources offered on any of those sites; and (b) any Company-branded application for your mobile, tablet or other device ("CrainVision Application"), including any services made available through the CrainVision Application. By accessing or using any of the Services, or by clicking "accept" or "agree" to these Terms: (i) you are acknowledging that you have agreed to be bound by, and comply with, these Terms; and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services.

2. Changes

• 2.1. These Terms may be modified from time to time by us at any time in our sole discretion, and you agree that you will review these Terms periodically. Your continued use of any of the Services constitutes your acceptance of the modified version of these Terms. If, at any time, you do not to agree to these Terms (including any amendments), you must immediately all cease use of the Services.
• 2.2. We also reserve the right, at any time, in our sole discretion, with or without notice, to (a) change or discontinue any service, content or feature of the Services, (b) charge fees in connection with the use of the Services, (c) modify and/or waive any fees charged in connection with the Services, and/or (d) offer opportunities to some or all users of the Services. You agree that we will not be liable for any modification, suspension or discontinuance of any of the Services.

3. Additional Terms

• 3.1. Your use of certain aspects of the Services may be governed by posted additional terms, which are hereby incorporated into these Terms by this reference. By using any such aspect, you acknowledge that you have reviewed all terms for the aspect in question and agree to be bound by them.
• 3.2. Your use of certain aspects of the Services may be governed by a negotiated agreement between us and your employer or a business partner. In such case, the terms of any such negotiated agreement shall govern in the event of a conflict with these Terms.

4. Registration; Communications

• 4.1. While certain parts of the Services may be used without registration, other parts of the Services, or content or features of the Services, may only be used or available to registered users. If you decide to become a registered user (referred to in these terms as a "Member"), you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) maintain and update your information to keep it accurate, current, and complete.
• 4.2. As part of the membership process, you will be asked to select a username and password. You may not choose a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. Your username and password are for your personal use only, and may not be used by any other person.
• 4.3. You understand and agree that the Service may include certain communications from us, such as product/service announcements and administrative messages, and that these communications are considered part of Service subscription and you will not be able to opt out of receiving them.

4A. SMS/Text Message Notification Terms

The following terms apply to the Crain Automotive SMS Notification Service ("SMS Service"). By opting in to the SMS Service, you agree to the following:

• (a) Program Name. Crain Automotive Order Notifications.
• (b) Program Description. Crain Automotive Holdings, LLC sends transactional SMS notifications to customers and internal employees regarding vehicle sales orders. Messages relate to vehicle order status, document status updates, delivery notifications, order modifications, and order cancellations. Messages are triggered by events in our internal order management system and are sent only to recipients who have explicitly opted in.
• (c) Opt-In. Customers opt in to the SMS Service by visiting our order tracking page, entering a mobile phone number, and actively checking an unchecked consent checkbox that states: "By checking this box and providing my mobile phone number, I agree to receive recurring order status and delivery notification SMS messages from Crain Automotive. Message frequency varies based on order activity. Msg & data rates may apply. Reply STOP to unsubscribe at any time. Reply HELP for help." Internal employees opt in separately during onboarding by signing a written SMS consent form authorizing notifications about sales orders they manage. Opt-in records are timestamped and stored in our internal database. Your consent to receive SMS messages is not a condition of purchasing any goods or services.
• (d) Message Frequency. Message frequency varies based on order activity. You may receive multiple messages as your vehicle order progresses through documentation, fulfillment, and delivery.
• (e) Message and Data Rates. Message and data rates may apply to any text messages sent to or received from the SMS Service. Please contact your wireless carrier for details.
• (f) Opt-Out. You may opt out of the SMS Service at any time by replying STOP, CANCEL, END, QUIT, UNSUBSCRIBE, REVOKE, or STOPALL to any text message received from the SMS Service. After opting out, you will receive a one-time confirmation message, and no further text messages will be sent to you unless you re-opt in by replying START.
• (g) Help. For assistance with the SMS Service, reply HELP or INFO to any text message received from the SMS Service, or contact Crain Automotive support at support@crainvision.com.
• (h) Supported Carriers. The SMS Service is supported on major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages.
• (i) Privacy. Your mobile phone number and SMS opt-in consent information are used solely to deliver order-related transactional notifications. Crain Automotive Holdings, LLC does not sell, rent, lease, or share your mobile phone number or opt-in information with third parties for promotional or marketing purposes. Your phone number is shared only with our SMS delivery provider (Twilio, Inc.) solely for the purpose of transmitting messages on our behalf.
• (j) Disclaimer. Crain Automotive Holdings, LLC is not responsible for delayed, undelivered, or misdirected SMS messages due to wireless carrier network issues, device incompatibility, or other technical issues outside of our control. Information delivered via the SMS Service is for informational purposes only.

5. Payments

You acknowledge and agree that your continued access to the Services provided through the CrainVision Application and to certain other Services is subject to the payment of certain fees. If you elect to purchase access to any such Services, all fees are due immediately and are non-refundable. You agree to pay all value added, sales and other taxes related to the payments made by you. All payments of fees for Services shall be made in U.S. dollars. Pricing for Services is subject to change at any time.

6. Technical Requirements

Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services. We do not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.

7. Children

Use of the Services is not intended for children under the age of 13. Children under the age of 13 are not permitted to register for the Services or purchase subscriptions. Company will not knowingly collect information from these children. If your child has submitted personal information and you would like to request that such information be removed, please contact us at privacy@crainvision.com.

8. Content of the Services and Ownership; CrainVision Application License

• 8.1. The Services and the contents of the Services are intended for your personal use only. The Services contain copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music, sound and other such materials (collectively, the "Services Content"). All right, title and interest (including all intellectual property rights) in and to the Services and the Services Content are owned by Company and its third party providers.
• 8.2. Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license, in the United States, to use the CrainVision Application, in object code form only, on your compatible mobile and other devices, solely to support your permitted use of the Services.

9. Third Party Sites

• 9.1. The Services may contain links to third party websites that are not owned or operated by us ("Third Party Sites"), and these Terms do not apply to those sites. We have no responsibility or control over the Third Party Sites.
• 9.2. Other sites may provide links to the Services with or without our authorization. We do not endorse any such site. If you would like our approval to link to the Services, please contact us at business@crainvision.com.
• 9.3. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY SITE AND SUCH MATERIALS.

10. User Provided Content

• 10.1. The Services may contain sections such as chat rooms, blogs, comment boxes, and other such forums, which allow users to post, transmit, or otherwise make available content. All such user provided content is referred to as "User Provided Content". You hereby agree that any User Provided Content which you provide will be consistent with, and will not violate any of the restrictions in, the section below titled "Services Conduct".
• 10.2. We are not responsible for User Provided Content.
• 10.3. By posting User Provided Content on the Services, you grant us and/or relevant affiliated companies the worldwide, perpetual, irrevocable, nonexclusive, royalty free, sub-licensable, transferable right to edit and modify such content, and to distribute such User Provided Content in any medium now known or later developed.
• 10.4. You agree that you are not entitled to any compensation for any User Provided Content that you may post on the Services, or for our use of that content.

11. Services Conduct

• 11.1. The Services are intended to be used for lawful purposes only. Your use of the Services is conditioned on your compliance with the guidelines set forth in this section, and any failure to comply may result in termination of your access to the Services.
• 11.2. You may not post or transmit any material or content on or through the Services that: (a) violates or infringes upon the rights of others; (b) solicits or promotes the use of illegal substances or activities; (c) is unlawful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; (d) is protected by copyright, trademark, trade secret or any other proprietary right; (e) expresses or implies endorsement by us without our consent; or (f) gives rise to civil or criminal liability.
• 11.3. You may not post or transmit advertising, commercial solicitations, promotional materials, viruses, political campaign materials, chain letters, mass mailings, or spam mail.
• 11.4. You may not: engage in "hacking," "cracking," or "spoofing"; harvest or collect information without consent; use the Services to defame, abuse, stalk, or threaten; reproduce, duplicate, sell, or resell any portion of the Services; frame or mirror any part without consent; interfere with the operation of the Services; impersonate any person or entity; or reverse engineer any portion of the Services.
• 11.5. You may not use spiders, robots, data mining techniques or other automated devices to retrieve, index, catalog, or reproduce content available on the Services.

12. Improvements

We welcome your comments about the Services, including recommendations on how to improve the Services ("Suggestions"). If you provide Suggestions, you agree that we are free to use or share your Suggestions without compensation to you.

13. Submissions

Unless a Service has set up a specific submissions policy, we will not review or consider any unsolicited creative ideas or materials ("Submissions"). IF, DESPITE THIS REQUEST, YOU DO SEND US ANY SUBMISSION, YOU DO SO WITH THE UNDERSTANDING THAT IT SHALL BECOME OUR PROPERTY.

14. Disclaimers and Liability Limitations

15. Release

Third parties, including without limitation any vehicle manufacturers, dealers, lenders, or service providers, are solely responsible for their interactions with you and any and all Claims suffered by you as a result of your interaction with such third parties. NEITHER COMPANY NOR ITS AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY CLAIMS, AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES FROM ANY AND ALL SUCH CLAIMS.

16. Indemnity

You agree to defend, indemnify and hold Company harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses arising from: (a) any breach by you of these Terms; (b) any User Provided Content or Submission by you; (c) your use of the Services; or (d) your fraud, willful misconduct, negligence, or violation of any law.

17. Confidentiality

You shall maintain in strict confidence, and shall not disclose to any third party, any Confidential Information you have obtained from Company. "Confidential Information" means any non-public business, financial or technology information disclosed by Company to you, including without limitation the Services and all Service Content. You shall use the Confidential Information solely for the purposes described in these Terms.

18. Termination

Company, in its sole discretion, may suspend or terminate your ability to use all or any element of the Services or may terminate these Terms, effective immediately, without notice or explanation. Upon any termination: (a) all licenses granted hereunder shall immediately terminate; (b) you shall pay all accrued Services fees; and (c) you shall promptly delete and destroy any Service Content and Confidential Information in your possession.

19. Privacy Policy

We are committed to protecting your privacy and security. All information we collect from you in connection with your use of the Services is subject to our Privacy Policy. By providing your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages from us relating to our product and services at that number.

20. Government End Users

The Services constitute a "commercial item" as defined at 48 C.F.R. 2.101. All U.S. Government end users acquire any CrainVision Application or other Services with only those rights set forth therein.

21. Export Control

You may not use, export, or re-export any CrainVision Application or other aspects of the Services in violation of applicable law. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country.

22. Jurisdictional Issues

We control and operate the Services from our offices in the United States. Persons who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

23. Notice

Company may send notices to you via email. All notices to Company should be sent in writing by email to legal@crainvision.com, Attn: Legal Notices, Crain Automotive Holdings, LLC.

24. Miscellaneous

These Terms will be governed by and construed in accordance with the laws of the State of New York. Any dispute that cannot be resolved in thirty (30) days will be subject to binding arbitration in accordance with the American Arbitration Association in Los Angeles, California. Any dispute or claim must be asserted within one (1) year after such claim first arose or shall be forever barred.

25. Copyright Infringement Claims

If you believe any materials on the Services infringe a copyright, you should provide us with written notice. All such information should be sent to our copyright infringement agent at:

26. Special Provisions Applicable to the Apple App Store

• 26.1. This Section is only applicable with respect to the CrainVision Application downloaded from the Apple Inc. ("Apple") App Store.
• 26.2. These Terms are between you and Company only, and not with Apple. Company is solely responsible for the CrainVision Application.
• 26.3. Your use of the CrainVision Application must comply with the Usage Rules set forth in the Apple App Store Terms of Service.
• 26.4. Company is solely responsible for providing maintenance and support for the CrainVision Application. Support requests may be directed to support@crainvision.com.
• 26.5. In the event of any failure of the CrainVision Application to comply with the warranty in these Terms, Apple will refund the purchase price, if any. Apple will have no other warranty obligation whatsoever.
• 26.6-26.8. Apple shall not be responsible for addressing any claims relating to the CrainVision Application, including product liability claims, regulatory compliance claims, or intellectual property infringement claims.
• 26.9. Apple and its subsidiaries are third-party beneficiaries of these Terms.

27. Special Provisions Applicable to Google Play

Your download and use of the CrainVision Application downloaded from Google Play is additionally subject to the terms and conditions and policies of Google Play. Such Google Play terms, conditions and policies are between you and Google only, and not with Company.