I. General

Crash Restraint, LLC has established these Terms of Use (which also incorporate by reference, without limitation, Our Privacy Policy) (hereinafter referred to collectively as "Terms of Use" or "TOU") to govern Your use of this Site and all affiliated sites and every mobile version hereof or thereof (collectively, "Website," "Site," "this Site," "the Site," or the "Service") whether or not You are a registered user of this Site.  Crash Restraint, LLC reserves the right, at its sole discretion, to change, modify, add, or delete portions of these TOU, and to notify You of such changes by modifying the "Last Revised" date at the top of this TOU. You acknowledge that it is Your responsibility to review the "Last Revised" date to determine if any changes have been made since Your last review of these TOU. By accessing and continuing to use the Site after the change to these TOU, You thereby manifest Your agreement to any changes hereto. If You do not agree with such changes, You must discontinue use of or access to the Site.

By entering this Site, You acknowledge that (A) You have read and understand these TOU and that You agree to be bound by the TOU as same may be amended from time to time; B) You are over the age of eighteen (18) years of age; (C) You shall comply with all applicable laws and regulations; and (D) the disclaimer, limitation of liability and indemnification provisions set forth in the TOU are an agreed upon allocation of risk and form an essential part of our agreement to permit You to use this Site, without which agreement Crash Restraint, LLC would not enter into this Agreement or permit You to use this Site. 

You may not copy, reproduce, republish, transmit, disseminate, reverse engineer, reverse assemble, sell, or distribute in any way any material from this Site, including, without limitation, photographs, video, code, and software.  You may in certain instances be permitted to upload information, photographs, and/or video to this Site subject to the express conditions hereof.

These TOU are for the sole benefit of the Parties hereto and is not intended to benefit any third parties to the Agreement.

II. Information Related to Minors

Crash Restraint, LLC will not post, nor tolerate the posting of, any information relating to individuals under the age of eighteen (18) years. Crash Restraint, LLC will not knowingly collect information, personal or otherwise, from individuals under the age of eighteen (18) years.   The United States and various foreign, federal, state, and local jurisdictions impose significant penalties upon individuals and entities who contribute to the proliferation or use of pornography related to minors.  If You seek underage material, exit the site immediately. YOU ARE HEREBY NOTIFIED THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW,  CRASH RESTRAINT, LLC WILL COOPERATE IN THE INVESTIGATION OF ANY UNLAWFUL USE OF THE SITE OR ITS SERVICES. Any suspected underage material found on this Site should be reported here for a prompt investigation. Any such material found on other websites should be reported to asacp.org or to the CyberTip Hotline.

III. Registration Data; Account Security

In consideration of Your use of this Site, You agree to (A) provide accurate, current and complete information about You as may be prompted by any registration forms on the Site ("Registration Information"); (B) maintain the security of Your password and account credentials; (C) maintain and promptly update the Registration Information, and any other information You provide to  Crash Restrain, LLC, to keep it accurate, current, and complete; and (D) be fully responsible for all use of Your account and for any actions that take place using Your account. Account credentials may not be used by more than one Member. In the event a Member is found to have shared account credentials with another person, the Member’s account may be terminated for breach of this Agreement.

IV. Correction of Errors and Inaccuracies

The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Unless intended by the context of the display, the incidental display of products in this Site shall not constitute either an endorsement by Us of such products nor an offer by Us to sell such products.

V. Manner of Conduct

You understand that this Site is available for Your personal, non-commercial, and educational use only.  You may not mirror any materials contained on this Site without prior written permission of Crash Restraint, LLC.  You may not use any robot, spider, or other automatic device or manual process to screen scrape, monitor, mine, or copy any of the web pages of this Site or any content hereon.  You represent, warrant, covenant, and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on this Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. 

VI. Governing Law;  Severability; Entire Agreement; Statute of Limitations

THESE TERMS OF USE, PROVISIONS AND CONDITIONS AND YOUR AGREEMENT WITH CRASH RESTRAINT, LLC SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.  YOU AGREE TO BE SUBJECT TO SUCH LAWS AND THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN SAN FRANCISCO, CALIFORNIA AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS SITTING IN SUCH VENUE. You hereby consent to the personal jurisdiction of the Federal and State Courts sitting in the State of California and the City and County of San Francisco.

If any provision or portion thereof set forth in these TOU is found to be unlawful, void, or for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.  Such severable provision shall be construed as nearly as possible to reflect the intention of these Terms of Use, provisions, or conditions.

This Agreement and any policies or documents incorporated into the Agreement by specific reference serves as the entire agreement between the Parties and may be amended upon notice by Crash Restraint, LLC. Crash Restraint, LLC may provide notice by E-mail, conventional mail, or by a general posting (indicated by the word "Notice") on its web page, but is not obligated to do so.

To the extent permitted by applicable law, You agree that, by using this Site, regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of, in connection with, or relating to, Your use of this Site and/or these TOU must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.

VII. Indemnity

You shall indemnify, defend, and hold harmless Crash Restraint, LLC and its affiliates and their respective  shareholders, directors, attorneys, members, managers, officers, employees and agents and their respective successors and/or assigns from and against any and all losses, liabilities, claims, suits, damages, judgments, fines, penalties, violations, actions, causes of action, proceedings, demands, costs, and expenses (including, without limitation, reasonable attorney’s fees, court costs, and disbursements) (collectively, "Claims"), arising out of, resulting from, or in connection with, Your use of this Site and/or any third party Sites and/or Your use of the products or services, if any, obtained through Your use of the Site. In any claim subject to indemnification hereunder, Crash Restraint, LLC shall control the defense (including settlement of claims). Crash Restraint, LLC shall be permitted to retain legal counsel of its choice in any claim subject to indemnification.

VIII. Ownership & Trademarks

The name Crash Restraint and related names and marks are owned by Crash Restraint, LLC, and may not be used in connection with any third-party marks, names, products, services, or otherwise.   All other marks and names (including third-party product marks and names) are the property of their respective owners.

IX. User Content

Subject to these terms of use, provisions and conditions, users may post photographs, images, graphics, comments, identifying information, video, and other content ("User Content") to this Site.  When placing User Content on this Site, You are reminded that other users of this Site will have full access to all such content and that all such postings are non-confidential. Although legally not permitted to do so, users may copy and further disseminate User Content. You understand and acknowledge that by placing User Content on this Site, all such content may be viewed by and/or forwarded to anyone by anyone and/or retained by anyone and/or utilized by anyone forever (even if User Content is removed from this Site).  User Content could be indexed, referenced, stored and re-printed by other users of this Site (even if User Content is removed from this Site to the extent that such other users may have downloaded or otherwise copied information from this site before removal).  Crash Restraint, LLC is not required to install measures to prevent the copying of User Content by third parties and is not required to take legal action on Your behalf against such third parties.

X. Your License to Crash Restraint, LLC

Members who post User Content on the Site, grant Crash Restraint, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable, and sub-licensable right to use, reproduce, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media in connection with the Site or the promotion thereof. You grant Crash Restraint, LLC and its sublicensees the right to use the name and likeness(es) of any individuals who appear in such User Content posted in a public area of the Site in any manner on the Site. You represent, warrant and covenant that (A) You own and/or otherwise control all of the rights to the User Content that You post; (B) the User Content is accurate; (C) the use of the User Content You supply does not violate this Site’s terms of use, provisions and conditions and will not cause injury to any person or entity; and (D) You shall indemnify, defend and hold harmless Crash Restraint, LLC for all Claims resulting from User Content You supply.  Crash Restraint, LLC reserves the right, but not the obligation, to monitor, edit, and/or remove any activity and/or User Content.  Crash Restraint, LLC takes no responsibility and assumes no liability for any User Content posted by You and/or any third party.

XVI. Copyrights; Use of Content

All software used to operate or display this Site is the property of Crash Restraint, LLC or used licensed to Crash Restraint, LLC, and is protected by United States and international copyright laws.  The compilation, collection, selection, arrangement, assembly, and coordination of all the text, graphics, photographs, graphs, sounds, data, images, audio, and video clips available on this site except for User Content is the exclusive property of Crash Restraint, LLC and protected by United States and international copyright laws. Copyright © 2024 by Crash Restraint, LLC; ALL RIGHTS RESERVED.

We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to Our Members.

XVII. Special Relationships/Third Party Links

Links provided on this Site to third party sites are provided solely as a convenience to You and the provision of a link to a third party site does not constitute an endorsement by Crash Restraint, LLC of such third party site or its provider or any of the content, products or services contained or offered in such third party site.

Crash Restraint, LLC makes no representation or warranty, express, implied, or otherwise, concerning the accuracy, availability, or lawfulness of any third party site.  The links to each third party Site are provided for reference and are not intended to state or imply that Crash Restraint, LLC is affiliated or associated with, or legally authorized to use any trade name, trademark, or copyrighted material contained in, such third party site.

Please note that when You click on a link to a third party site, You are clicking to another web site.  We encourage You to read the privacy statement and policies of those linked sites as their terms and policies may differ from ours.  We are not responsible for the terms, policies, or practices or the content of any third party site.

XVIII. No Agency/Employment Relationship

Except as specifically set forth in these terms of use, provisions, and conditions, Your use of this Site and the content hereof and/or any third party site and the content thereof, and the provision of any information while using this Site or any third party site (including, without limitation, e-mail services, if any) shall not create and/or constitute any business, joint venture, or other relationship between You and Crash Restraint, LLC. 

XIX. Violations of Terms

Crash Restraint, LLC reserves the right to block Your access to this Site and terminate Your membership, if Crash Restraint, LLC determines, in its sole discretion, that You have failed to comply with these terms of use, provisions, and conditions. This is in addition to all other remedies Crash Restraint, LLC may have at law, in equity, or otherwise. 

XX. Disclaimer

This Site and its contents, and the links to the third party sites and their contents, are provided on a strictly "as-is" and "as-available" basis and without warranties or representations of any kind, express or implied. 

To the maximum extent permitted by law, Crash Restraint, LLC specifically disclaims all representations and warranties, express, implied, or otherwise, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this Site or the third party sites. No information or advice obtained from Crash Restraint, LLC, whether written or oral, shall create any warranty from Crash Restraint, LLC.

Crash Restraint, LLC expects users to take responsibility for their own actions and, accordingly, Crash Restraint, LLC does not assume any liability whatsoever for the acts of third parties or those posting User Content on the Site and assumes no liability whatsoever for any replies or any actions arising out of any replies to any advertisement posted in the Site. You waive any and all claims, rights, or remedies which You otherwise might have or be able to assert against Crash Restraint, LLC under all applicable laws, rules, and regulations that arise out of or in any way relate to User Content, Your use of the Site, and Crash Restraint, LLC’s response or failure to respond to any complaint You may make in connection therewith or otherwise.

Crash Restraint, LLC does not warrant that the functions contained in the materials furnished on this Site or any third party site will be uninterrupted, available, or error-free, that defects or errors will be corrected, or that this Site will be available, free from viruses or other harmful components.  Crash Restraint, LLC shall not be responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights.  Your use of this Site is strictly at Your own risk, which is voluntarily assumed.

Under all circumstances, including, without limitation, negligence and strict product liability, Your use of this Site and the third party sites is solely at Your own risk.  Crash Restraint, LLC shall not be responsible for any direct, indirect, consequential, special, punitive, or other damages (whether liability is asserted in contract, tort, or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of goodwill, loss of or damage to property, or claims of third parties, arising out of, in connection with, or relating to Your use of this Site or any third party site  Crash Restraint, LLC shall not be responsible for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights.  In all events, the maximum liability of Crash Restraint, LLC to a fee-paying user, if any, shall be the amount such user paid to Crash Restraint, LLC within the immediately preceding twelve (12) month period.

Should You be dissatisfied with the Site or the content hereof or a third party site and the content thereof, Your sole and exclusive remedy is to discontinue use of this Site or such third party site.  To the extent permitted by applicable law, the foregoing remedy shall apply even if Crash Restraint, LLC knew or should have known of the possibility of damages to You by use of the Site or a third party site.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XXII. Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances of causes beyond our reasonable control, including without limitation: (A) Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (B) War, riot, arson, embargoes, acts of civil or military authority, or terrorism; (C) Fiber cuts; (D) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (E) Failure of the telecommunications or information services infrastructure; and (F) Hacking, SPAM, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance.

XXIII. Section 230 Notice

You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. § 230(d), You are hereby informed that You can research such services by searching the Internet for "parental control protection" or similar terms. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Website or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Website or Services from being displayed or accessed by Your children or wards.

Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (as well as including third party content). We do not create such content, and We are not responsible for the publication of remarks or communications of third parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. In the event that any court finds that any third party communication or third party content on Our Website falls outside of the realm of the immunity provided by Section 230 of the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on Our Website. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.

XXIIV. Complete Agreement

This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Website and the Materials contained therein, and Your Membership with the Website, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.

Minimum Age Requirement

By accessing or using the Website, you represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher, and are not prohibited by law from viewing the Website.

California Residents

We do not currently disclose any identifying information to third parties for the company’s direct marketing purposes. However, if that policy changes and you are a California resident, you have the right to receive: a) information identifying any third party company(ies) to whom we may have disclosed, within the past calendar year, personal information pertaining to you and your family for the company's direct marketing purposes; and b) a description of the categories of personal information disclosed, under Cal. Civil Code § 1798.83. To obtain such information you must make a request in writing. Your request must include your name and email address, and a return address or it will not be processed. We will not honor such requests more than once per calendar year. Please submit your request here.

Disclosures Made as Necessitated by Law or Safety

Your name, phone number and password are considered confidential. However, all information you provide to us may be shared with other third parties as necessary to comply with applicable law as well as to cooperate with law enforcement and the court system.

Information That May Be Collected From You

During sign up we may require that you provide certain information which may include Account Data (i.e., username, email address, password), Financial Data (i.e., credit card/billing information, your name, and physical address) along with “Demographic Information”. Demographic Information may include IP address(es), referring website information, Internet browser used, zip code and/or other data regarding search history, browsing history, registration and user history.

Financial Data will not be stored by us but will be stored by our third party payment processor, as such it is important that you review the privacy policy for such third party credit card processor prior to providing this information. Your address and name will only be shared as necessary to complete any order placed by you. You are responsible for information you provide to third parties.

How Is This Information Used?

Changes to the Privacy Policy

We may change this Privacy Policy at any time. You agree that we are under no duty to send you notice of any such change. Instead it is your responsibility to check this Privacy Policy from time to time. No change in the Privacy Policy will be effective until thirty (30) days after it is posted, unless such change to the Privacy Policy has clear language indicating otherwise.

Changes in Ownership of the Website

The Website is a growing online service. As such, we may have the occasion to buy or sell assets, including, but not limited to, in connection with a merger, dissolution, and transfer of ownership. Depending upon the nature of the transaction, we may share any and all data provided by you to us with third parties, as necessary to initiate, investigate, facilitate and/or complete any such transaction(s).