TERMS OF USE

A SERVICE DESCRIPTION

END USER LICENSE AGREEMENT

• USE OF IEC CONTENTS OR SERVICES

  Subject to your consent to and compliance with the terms and conditions of this EULA, and the terms and conditions associated with your non-commercial use of the Service, IEC hereby grants you a conditional, limited, personal, non-exclusive, and non-transferable license to access the Sites and to use the Service, the App, the Sites, and the Content as defined below. A single registered copy of the App may be installed on a single mobile device or on a single computer. THIS IS NOT A CONCURRENT USE LICENSE. You may not share any login information or access credentials with any third party. By using the Service, you are not granted any right of ownership and IEC retains all ownership rights to the software.

• RESTRICTIONS ON USE

  You may not: (i) modify or create any derivative works of Content; (ii) decompile, disassemble or reverse engineer the Content, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of Content, (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in any of the App, the Sites, the Content, or elsewhere in the Service (except to the extent applicable laws specifically prohibit such restriction), or (c) retrieve, compile, or mine data associated with the Content which is not presented to you as End User during the normal course of operation and use of the Service; (iii) attempt to access or use the premium features of the Service if you have not paid any applicable fees, or by any manner or method other than using the license key for the App provided by IEC; (iv) redistribute, encumber, pledge, sell, assign, rent, lease, sublicense, or otherwise transfer any Content or rights thereto, including any registration codes and license keys; (v) use the Service, the App, the Sites or the Content for or in connection with commercial business operations including: automobile dealerships (new or used); automobile fleet services, automotive parts distributors; automotive part retailers; automotive repair shops (brick and mortar or mobile); and automobile auction houses; (vi) use the Service, the App or the Content in a timesharing, service bureau, application service provider, or similar business arrangement; (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Content, the Sites or elsewhere in the Service; or (viii) use the Service, the App, the Sites or the Content in a way unintended by IEC. The IEC-produced skins that are provided with the Service may only be used with the Service and may not be used with any other software or any other third-party device or service.

• RESTRICTION OF MOBILE DEVICE USAGE

  You agree to use the Service, the App, the Content, any mobile device, and any vehicle in which the Service is installed or used in accordance with all applicable Federal, State and local laws. You are strictly responsible for knowing and understanding the relevant Federal, State and local laws that apply to your personal use of the Service, the Content, and any associated mobile device.

• TERMINATION

  If you breach this EULA or any other rule, guideline, law or agreement applicable to your use of the Service or Content, your right to use the Service, the App, and the Content shall terminate immediately and without notice. The respective rights, restrictions, and obligations of IEC, including its Affiliates, and you under the provisions of Sections 2 ("Restrictions on Use"), 3 (“Restrictions of Mobile Device Usage”), 4 ("Termination"), 5 ("Proprietary Rights"), 6 ("Indemnification"), 7 “Disclaimer of Warranty”), 8 ("Limitation of Liability") and 11 ("Miscellaneous") shall survive expiration or termination of this EULA and you agree to continue to be bound by those terms. Upon termination, you shall no longer accesses the Content or otherwise use the Service or the App.

• PROPRIETARY RIGHTS

  Title, ownership rights, and intellectual property rights in the Service, the App, the Device, the Sites, and the Content, including any derivative thereof, shall remain exclusively in IEC. You acknowledge their ownership of such intellectual property rights and you agree that you will not take any action to challenge, jeopardize, limit, or interfere in any manner with IEC, or it’s Affiliates’ ownership of any intellectual property rights associated with respect to the Service, the App,, the Device, the Sites and the Content. The Service, the App, the Device, the Sites, and the Content are protected by patents, copyrights and/or other intellectual property laws and by international treaties. All trademarks and service marks (herein, collectively “trademarks”) used in connection with the Service, the App, the Device, the Sites, and the Content are owned by IEC, and no license to use any such trademark is provided hereunder, except as specifically provided herein. You agree that IEC may use in any manner and without limitation all comments, suggestions, complaints, and other feedback you may provide relating to the Service, the App the Sites, the Device, or the Content.

• INDEMNIFICATION

  You agree to indemnify, hold harmless, and at IEC’s request, to defend IEC, and its Affiliates from any and all costs, damages and reasonable attorneys' fees arising from any breach by you of this EULA, and any claim that your use of the Service, the App, the Device, the Sites, or the Content has injured or otherwise violated any law or any right of any third party.

• DISCLAIMER OF WARRANTY FOR THE SERVICE AND CONTENT

  THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IEC, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED; ANY WARRENTY THAT THE SERVICE, THE APP, THE DEVICE, THE SITES, OR ANY CONTENT IS FREE OF DEFECTS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS; ANY WARRENTY THAT THE FUNCTIONALITY OF THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE SERVICE OR CONTENT WILL BE CORRECTED; AND ANY IMPLIED WARRANTIES THAT THE SERVICE, THE APP, THE DEVICE, THE SITES, OR ANY CONTENT, OR YOUR USE THEREOF IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR WILL NOT INFRINGE ANY THIRD PARTY RIGHTS, UNLESS ANY SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IEC OR ANY AUTHORIZED REPRESENTATIVE OF IEC, OR ANY OF ITS AFFILIATES, OR ANY INFORMATION OR STATEMENT IN ANY IEC CONTENT SHALL CREATE ANY WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. IEC AND ITS AFFILIATES DISCLAIM LIABILITY, AND SHALL NOT INCUR ANY LIABILITY, WITH RESPECT TO YOUR USE OF THE SERVICE, THE DEVICE, ANY OF THE SITES, OR THE CONTENT. YOU BEAR THE ENTIRE RISK AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR ARISING FROM YOUR USE OF THE APP, THE SERVICE, THE DEVICE OR ANY CONTENT. YOU AGREE THAT THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS EULA AND IS NOT UNCONSCIONABLE. NO USE OF THE SERVICE, THE APP, THE DEVICE, THE SITES, OR ANY CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

• LIMITATION OF LIABILITY

  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IEC OR ITS AFFILIATES BE LIABLE FOR ANY CLAIMS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICE, THE APP, THE DEVICE, ANY OF THE SITES, OR ANY CONTENT UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, MOBILE DEVICE FAILURE OR MALFUNCTION, VEHICLE FAILURE OR MALFUNCTION OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF YOU OR IEC HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IEC AND ITS AFFILIATES’ ENTIRE COLLECTIVE LIABILITY THAT MAY SURVIVE UNDER THE TERMS OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF ANY DEFECTIVE IEC DEVICE OR APP OR PROVISION OF A REASONABLY SIMILAR DEVICE OR APP, AS DETERMINED AT IEC’S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF IEC OR ITS AFFILIATES. YOU AGREE THAT THIS LIMITAION OF LIABLITY CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS EULA AND IS NOT UNCONSCIONABLE. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE IN YOUR JURISDICTION.

  FURTHER, IEC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING IN WHOLE OR IN PART OUT OF: (i) YOUR USE OF SERVICES OR CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE SERVICE AND/OR ANY THIRD PARTY INFORMATION OR MATERIAL LINKED THROUGH THE SERVICE, ANY OF THE SITES OR ANY CONTENT; (ii) YOUR USE OR OPERATION OF A THIRD PARTY APP, DONGLE OR OTHER DEVICE TO ACCESS, RETRIEVE OR COMMUNICATE INFORMATION BETWEEN THE VEHICLE AND THE SITES; (iii) YOUR USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON ANY OF THE SITES FOR USE WITH THE SERVICE; (iv) ANY USE OF THE APP, OR THE DEVICE FOR PROVIDING THE SERVICE, OR ACCESSING ANY CONTENT IN A MANNER THAT IS INCONSISTANT WITH ANY INSTRUCTIONS, WARNINGS OR GUIDELINES PROVIDED BY IEC, OR (v) ANY USE OF THE APP OR THE DEVICE, OR ACCESSING THE SITES OR THE CONTENT WHILE THE VEHICLE IS IN MOTION.

• MOBILE DEVICE DATA USAGE

  The Service provides access to features and functionality that may use the data connection of your computer or mobile device. Depending on your mobile data plan, you may be charged for data use by your mobile device carrier. While many mobile devices automatically disable data usage when roaming (using your mobile device outside your country or covered area of your carrier) or in other situations, if the data connection is active and you use the Service, it may result in even higher charges. IEC and its Affiliates are in no way responsible or liable for any and all charges you receive from your data plan provider related to the use of the Service.

• INJUNCTIVE RELIEF

  You acknowledge and agree that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this EULA by you shall cause IEC or its Affiliates irreparable damage for which recovery of monetary damages would be inadequate and that IEC or its Affiliates therefore may obtain timely injunctive relief to protect its rights under this EULA in addition to any and all other remedies available at law or in equity.

• MISCELLANEOUS

  This EULA, constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of IEC. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this EULA should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this EULA if no such modification is possible, and other provisions of this EULA shall remain in full force and effect, or IEC may at its option instead terminate this EULA. A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations arising hereunder without the written consent of IEC. IEC may assign this EULA to any entity at its sole discretion. This EULA shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay any applicable fees and charges) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This EULA and supersedes any proposal or prior communications between IEC or any of its Affiliates, and you relating to the subject matter of this EULA.

  Patents owned by IEC or its Affiliates, which may be used in connection with the Service are listed at www.IEC.com/patents. Except as specifically provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise the granting of any license or right under any patent, copyright, trademark or confidential information of IEC or any of its Affiliates.

• MODIFICATIONS, INTERRUPTION OR DISCONTINUATION

  IEC reserves the right in its sole discretion to either modify or discontinue the Service, the Sites and any Content, at any time with or without notice to you. IEC shall not be liable to you or any third party should IEC exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the available Content, the addition of fee-based services, and the manner of providing or operating any feature of the Service. Any new features that supplement enhance or otherwise change the then current Service or Content, and your use thereof, shall also be provided subject to this EULA.

  You understand and agree that interruptions of the Service may occur as normal events. You further understand and agree that IEC and its Affiliates have no control over third-party networks you may access or be required to access in the course of your use of the Service, and therefore, delays and disruption of or by other network transmissions are completely beyond IEC’s control.

  You understand and agree that the Service, the Sites, the App and the Content are provided “AS IS” and that IEC assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user generated communications or personalized settings.

• USE OF MOTOR INFORMATION

  IEC allows you access to information we have licensed from MOTOR Information Systems (the “MOTOR Information”). By accessing such information, you agree to comply with the following additional terms and conditions:

  • License Grant. MOTOR hereby grants to you a nontransferable, non-exclusive, limited license to access and use the MOTOR Information contained within the Product on a vehicle-by-vehicle look-up basis.

  • Restrictions on Use of MOTOR Information. You agree that you shall not, and shall not permit any third party, to directly or indirectly (i) alter or copy in any form or medium all or any part of the MOTOR Information (except for data located on an individual, vehicle by vehicle, lookup basis), nor make any MOTOR Information part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the MOTOR Information; (iii) lease, license, sell, or otherwise publish, communicate, distribute or display to any third party in any form or medium all or any part of the MOTOR Information; (iv) create any publications, in electronic, printed or other format, based in whole or in part on data from the MOTOR Information, alone or in combination with any other data; (v) download the MOTOR Information (other than the data obtained on a vehicle-by-vehicle look-up basis) or transmit the MOTOR Information electronically by any means; (vi) remove any product identification, copyright, trademark or other notice from the MOTOR Information or documentation; or (vii) reverse engineer, reverse assemble, or reverse compile the MOTOR Information.

  • Ownership/Confidentiality. You agree that the MOTOR Information is the confidential information of MOTOR, and that MOTOR owns or is the subscriber of all rights in the MOTOR Information, including without limitation all copyright and other proprietary rights. You agree to keep confidential and use your best efforts to prevent and protect the MOTOR Information from unauthorized disclosure or use.

• ACCEPTANCE

  Clicking on the “Accept” icon constitutes acceptance of the foregoing terms and conditions of this End User License Agreement.

  Copyright and Trademark Notices

  All content, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, on the IEC website are, Copyright© 2017-2022 IEC 17352 Von Karman Avenue, Irvine, CA 92614. All rights reserved, or otherwise owned by IEC and protected under applicable laws. Copyright and other intellectual property laws and treaties protect any hardware and software or content provided as part of the Service. IEC and/or its Affiliates own the title, copyright, and other intellectual property rights in the Content. IEC, CarMD, CarMD2.0 and RepairSolutions2 are registered trademarks of IEC in the United States and elsewhere. Other names of companies and products mentioned herein may be registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.

  Contact Information

  Do you have questions or comments regarding this website or our policies? Please contact:

  IEC

  Customer Service Department

  17352 Von Karman Avenue

  Irvine, California 92614

  Phone: +1 (714) 241-6800

  Email: Support@iecauto.com