Last Update: August 9th, 2017
Agreement Between User and CAKNOW.COM
Welcome to CAKNOW.COM. The CAKNOW .Com website (the “site”) is comprised of various we pages operated by CAKNOW TECHNOLOGY INC. (“CAKNOW.COM”).
CAKNOW.COM is offered to you conditioned on your acceptance without modification of the terms , conditions , and notices contained herein
(the ” Terms”).Your use of CAKNOW .COM constitutes your agreement to all such
Terms. Please read these carefully, and keep a copy of them for your reference.
CAKNOW.COM is an E-Commerce Site.
The purpose of CAKNOW is to connect individuals seeking automobile maintenance and/or repair services with a selection of qualified , reasonable, ,and honest Service Shops.
Visiting CAKNOW.COM or sending emails to CAKNOW.COM constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements , notices ,disclosures and other communications that we provide to you electronically ,via email and on the Site, satisfy any legal requirement such communications be in writing.
If you use this site, your are responsible for maintaining the confidentiality of your account and password and for the restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CAKNOW.COM is not responsible for third party access to your account that results from theft or misappropriation of your account.CAKNOW.COM and its associates reserve the right to refuse or cancel service , terminate accounts, or remove or edit content at its sole discretion.
Children under the age of Thirteen
CAKNOW.COM collects personally identifiable information from children under the age of thirteen. CAKNOW.COM collects this information for the following reason(s);
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use CAKNOW.COM only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
CAKNOW.COM may contain links to other websites (“Linked Sites”). The linked sites are not under the control of Caknow.COM and CAKNOW.COM is not responsible for the contents of any linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.caknow.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CAKNOW.COM of the site or any association with its operators.
Certain services made available via CAKNOW.COM are delivered by third party sites and organizations. By using any product, service or functionality originating from the CAKNOW.COM domain ,you are hereby acknowledge and consent that CAKNOW.COM may share such information and data with any third party with whom CAKNOW.COM has a contractual relationship to provide the requested product, service or functionality on behalf of CAKNOW.COM users and customers.
NO unlawful of Prohibited Use/Intellectual Property
All content included as part of the Service, such as text , graphics, logos images, as well as the compilation thereof, and any software used on the Site, is the property of CAKNOW.COM or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify , publish, transmit , reverse engineer, participate in the transfer or sale, create derivative works , or in any way exploit any of the content , in whole or in part, found on the Site. CAKNOW.COM content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or altar any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CAKNOW.COM and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses , express or implied, to the intellectual property of CAKNOW.COM or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by CAKNOW.COM from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CAKNOW.COM content accessed through CAKNOW.COM in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify , defend and hold harmless CAKNOW.COM , its officers, directors , employees , agents and third parties , for any loses , cost, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws , rules , or regulations.CAKNOW.COM reserves the right , at its own cost ,to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CAKNOW.COM in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties ,in a location mutually agreed upon by the parties. The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its cost and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these terms and conditions or any disputes arising as a result of thee Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the
Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND /OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CAKNOW.COM agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise, preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE,PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.CAKNOW TECHNOLOGY INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
RELIABILITY, AVAILABILITY, TIMELESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITEF OR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CAKNOW TECHNOLOGY INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CAKNOW.COM reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section.