Terms of Use

AGREEMENT BETWEEN USER AND 216 AUTOMOTIVE

The 216 AUTOMOTIVE Web Site is comprised of various Web pages operated by 216 AUTOMOTIVE.

The 216 AUTOMOTIVE Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the 216 AUTOMOTIVE Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

216 AUTOMOTIVE reserves the right to change the terms, conditions, and notices under which the 216 AUTOMOTIVE Web Site is offered, including but not limited to the charges associated with the use of the 216 AUTOMOTIVE Web Site.

LINKS TO THIRD PARTY SITES

The 216 AUTOMOTIVE Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of 216 AUTOMOTIVE and 216 AUTOMOTIVE 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. 216 AUTOMOTIVE is not responsible for webcasting or any other form of transmission received from any Linked Site. 216 Automotive is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 216 AUTOMOTIVE of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the 216 AUTOMOTIVE Web Site, you warrant to 216 AUTOMOTIVE that you will not use the 216 Automoitve Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the 216 Automotive Web Site in any manner which could damage, disable, overburden, or impair the 216 AUTOMOTIVE Web Site or interfere with any other party's use and enjoyment of the 216 AUTOMOTIVE Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the 216 AUTOMOTIVE Web Sites.

USE OF COMMUNICATION SERVICES

The 216 AUTOMOTIVE Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

216 Automoitve has no obligation to monitor the Communication Services. However, 216 AUTOMOTIVE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 216 AUTOMOTIVE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

216 AUTOMOTIVE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 216 Automotive's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 216 Automotive does not control or endorse the content, messages or information found in any Communication Service and, therefore, 216 Automoitve specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized 216 AUTOMOTIVE spokespersons, and their views do not necessarily reflect those of 216 AUTOMOTIVE.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO 216 AUTOMOTIVE OR POSTED AT ANY 216 Automoitve WEB SITE

216 AUTOMOTIVE does not claim ownership of the materials you provide to 216 AUTOMOTIVE (including feedback and suggestions) or post, upload, input or submit to any 216 AUTOMOTIVE Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting 216 AUTOMOTIVE, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. 216 AUTOMOTIVE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 216 AUTOMOTIVE's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE 216 AUTOMOTIVE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 216 AUTOMOTIVE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE 216 AUTOMOTIVE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE 216 AUTOMOTIVE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

216 AUTOMOTIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 216 AUTOMOTIVE WEB SITE FOR 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. 216 AUTOMOTIVE 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 216 AUTOMOTIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE 216 AUTOMOTIVE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE 216 AUTOMOTIVE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE 216 AUTOMOTIVE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 216 AUTOMOTIVE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 216 AUTOMOTIVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 216 AUTOMOTIVE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 216 AUTOMOTIVE WEB SITE.

SERVICE CONTACT : info@216AutoCare.com

TERMINATION/ACCESS RESTRICTION

216 AUTOMOTIVE reserves the right, in its sole discretion, to terminate your access to the 216 AUTOMOTIVE Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the 216 AUTOMOTIVE Web Site. Use of the 216 AUTOMOTIVE Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and 216 AUTOMOTIVE as a result of this agreement or use of the 216 AUTOMOTIVE Web Site. 216 AUTOMOTIVE's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 216 AUTOMOTIVE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the 216 AUTOMOTIVE Web Site or information provided to or gathered by 216 AUTOMOTIVE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 216 AUTOMOTIVE with respect to the 216 AUTOMOTIVE Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 216 AUTOMOTIVE with respect to the 216 AUTOMOTIVE Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the 216 AUTOMOTIVE Web Site are: Copyright 2002-2005 CarCareCONNECT and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

2 YEARS OR 24,000 MILE LIMITED WARRANTY

Warranty:

Except as hereinafter provided, the labor performed and parts sold by 216 Automotive, in connection with any service order. hereof are warranted by 216 Automotive, 12609 Miles Ave., Cleveland, OH 44105, to the customer named thereon ( and only to said customer) under normal use and service, for a period of (24) months after the date hereon, or before the vehicle hereon has been driven 24,000 Miles in addition to the stated mileage, whichever shall first occur.

Remedy:

If the conditions stated below are met, during the warranty period (24 months/24,000 Miles) Maher Brothers Car Care will make, with reasonable promptness, (but no more than two weeks, subject to parts availability ), any repairs or replacements that may be necessary to properly perform the work and provide the replacement parts indicated on the other side hereof at no cost to the customer.

Conditions:

As a condition to the Remedy set out above, the customer must deliver said vehicle to the Service Department of 216 Automotive, at the above address during its normal business hours ( 8:00 A. M. to 6:00 P.M., Monday - Friday) .

Limitations and Exclusions:

1. This warranty does not cover or extend to towing charges, car rental, lodging, lost wages, and interruption in vacation and business trips or charges made by any person.

2. This warranty does not cover or extend to any repairs or replacements made necessary by misuse, abuse, negligence, or neglect or causes other than normal use and service of the vehicle. Regular service must be preformed to maintain a warranty on all repairs.

3. This warranty does not cover or extend to any used parts purchased by Maher Brothers Car Care., and/or used by it, at the customer's request, in connection with the service order hereof. Also some parts that may be requested of less quality or other wise stated on the service order. All work recommended must be performed at time of service to put warranty in effect. Partial repairs only have a quality assurance warranty.

4. INCIDENTAL AND CONSEQUENTIAL DAMAGES : This warranty does not cover or extend to repairs or replacements made necessary by accident or collision whether related to the warranted labor or replacements or not, nor to any damages for personal injury, death, damage to property, or any other damages or costs of any kind whatsoever.

5. This warranty is in lieu of any other expressed warranty and may not be altered or modified except by writing attached hereto and signed by the customer and a Corporate Officer of DVC Holdings Co. DBA; Maher Brothers Car Care.

6. We will not repay for any work that is not performed by 216 Automotive

7. Used Parts: Upon customer request for used parts, the warranty is 30 days unless otherwise stated on the repair order.

 Privacy Policy

216 Automoitve is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the 216 AUTOMOTIVE Web site and governs data collection and usage. By using the 216 AUTOMOTIVE website, you consent to the data practices described in this statement.

Collection of your Personal Information

216 AUTOMOTIVE collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. 216 AUTOMOTIVE also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by 216 AUTOMOTIVE. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by 216 AUTOMOTIVE for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the 216 Automoitve Web site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through 216 AUTOMOTIVE public message boards, this information may be collected and used by others. Note: 216 AUTOMOTIVE does not read any of your private online communications.

216 AUTOMOTIVE encourages you to review the privacy statements of Web sites you choose to link to from 216 AUTOMOTIVE so that you can understand how those Web sites collect, use and share your information. 216 AUTOMOTIVE is not responsible for the privacy statements or other content on Web sites outside of the 216 Automoitve and 216 AUTOMOTIVE family of Web sites.

Use of your Personal Information

216 AUTOMOTIVE collects and uses your personal information to operate the 216 AUTOMOTIVE Web site and deliver the services you have requested. 216 AUTOMOTIVE also uses your personally identifiable information to inform you of other products or services available from 216 AUTOMOTIVE and its affiliates. 216 Automotive may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

216 AUTOMOTIVE does not sell, rent or lease its customer lists to third parties. 216 AUTOMOTIVE may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, 216 Automotive may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to 216 AUTOMOTIVE, and they are required to maintain the confidentiality of your information.

216 AUTOMOTIVE does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

216 AUTOMOTIVE keeps track of the Web sites and pages our customers visit within 216 AUTOMOTIVE, in order to determine what 216 AUTOMOTIVE services are the most popular. This data is used to deliver customized content and advertising within 216 Automotive to customers whose behavior indicates that they are interested in a particular subject area.

216 AUTOMOTIVE Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on 216 AUTOMOTIVE or the site; (b) protect and defend the rights or property of 216 AUTOMOTIVE; and, (c) act under exigent circumstances to protect the personal safety of users of 216 AUTOMOTIVE, or the public.

Use of Cookies

The 216 AUTOMOTIVE Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize 216 AUTOMOTIVE pages, or register with 216 AUTOMOTIVE site or services, a cookie helps 216 AUTOMOTIVE to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same 216 AUTOMOTIVE Web site, the information you previously provided can be retrieved, so you can easily use the 216 AUTOMOTIVE features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the 216 AUTOMOTIVE services or Web sites you visit.

Security of your Personal Information

216 AUTOMOTIVE secures your personal information from unauthorized access, use or disclosure. 216 Automoitve secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

216 AUTOMOTIVE will occasionally update this Statement of Privacy to reflect company and customer feedback. 216 AUTOMOTIVE encourages you to periodically review this Statement to be informed of how 216 AUTOMOTIVE is protecting your information.

Contact Information

216 AUTOMOTIVE welcomes your comments regarding this Statement of Privacy. If you believe that 216 AUTOMOTIVE has not adhered to this Statement, please contact 216 AUTOMOTIVE at info@216AutoCare.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.