PROCARMA EULA / Terms and Conditions

 

This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Procarma ("Company") governing the use of the Procarma mobile and desktop application and related services ("App", “Website”). By using the App, you agree to be bound by the terms and conditions of this Agreement.

Conditions of Use

PROCARMA and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. ​

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

When you visit PROCARMA or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PROCARMA or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PROCARMA, with copyright authorship for this collection by PROCARMA, and protected by international copyright laws.

PROCARMAs trademarks and trade dress may not be used in connection with any product or service that is not PROCARMAs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PROCARMA. All other trademarks not owned by PROCARMA or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PROCARMA or its subsidiaries.

PROCARMA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PROCARMA. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PROCARMA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PROCARMA and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing PROCARMAs name or trademarks without the express written consent of PROCARMA. Any unauthorized use terminates the permission or license granted by PROCARMA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PROCARMA so long as the link does not portray PROCARMA, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PROCARMA logo or other proprietary graphic or trademark as part of the link without express written permission.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. PROCARMA and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PROCARMA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PROCARMA and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PROCARMA and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify PROCARMA or its associates for all claims resulting from content you supply. PROCARMA has the right but not the obligation to monitor and edit or remove any activity or content. PROCARMA takes no responsibility and assumes no liability for any content posted by you or any third party.

All items purchased from PROCARMA are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. PRODUCT DESCRIPTIONS PROCARMA and its associates attempt to be as accurate as possible. However, PROCARMA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PROCARMA itself is not as described, your sole remedy is to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY PROCARMA ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROCARMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROCARMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCARMA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PROCARMA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROCARMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW By visiting PROCARMA, you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PROCARMA or its associates.

Any dispute relating in any way to your visit to PROCARMA or to products you purchase through PROCARMA shall be submitted to confidential arbitration in Alabama, United States of America, except that, to the extent you have in any manner violated or threatened to violate PROCARMAs intellectual property rights, PROCARMA may seek injunctive or other appropriate relief in any state or federal court in the state of Alabama, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to PROCARMA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: support@procarma.com 

LOCATION, IP, AND USAGE DATA COLLECTION
By using our app/service, you agree to allow us to collect the following data:
Location data (GPS) Phone or vehicle (if customer purchased vehicle GPS that works with Procarma App services)

IP address
Usage data (e.g., how you interact with our app)
We use this data to:

Provide location-based services and personalized experiences Improve our app's performance and functionality Offer targeted support and troubleshooting

We promise to: 
Only use your data for the purposes stated above Store your data securely and in compliance with applicable laws Delete your data upon your request or when it is no longer needed Be transparent about any third-party data processors we work with

You have control over your data: 

Opt-out of data collection at any time Access and delete your data upon request Receive notifications of any data breaches We respect your privacy and will always strive to use your data responsibly. If you have questions or concerns, please reach out to support@procarma.com. By using our app/service, you acknowledge that you have read, understood, and agree to the terms of this EULA.

Welcome to Shelby’s Game Center, an exciting video game platform that provides you with hours of entertainment in your Dealership App! Before you start playing, please read and understand the following terms and conditions carefully.
Responsibility of the Player: We want you to enjoy playing our game, but we also want you to be safe. Therefore, we ask that you do not play this game while driving, operating heavy machinery, or doing any other activity that requires your full attention. Playing this game in such situations can be dangerous, and we will not be held responsible for any accidents or injuries that may occur. User Conduct: We want everyone to have a positive experience playing our game. Therefore, we ask that you follow these rules when using the game:

a. Do not use any cheats, hacks, or other exploits to gain an unfair advantage in the game.
b. Do not harass, threaten, or bully other players.
c. Do not engage in any activity that violates any applicable laws or regulations.

Termination:

  We reserve the right to terminate your use of the game at any time and for any reason, including but not limited to a violation of these terms and conditions.

Modifications:

  We may modify these terms and conditions at any time by posting the updated version on our App. Your continued use of the game after any modifications have been made constitutes your acceptance of the modified terms and conditions.

Glitches:

Please note that any glitches or technical issues that occur during gameplay cannot be contested. We apologize for any inconvenience this may cause and ask for your understanding and patience as we work to address any issues that may arise. By playing any of the games in the Game Center, you agree to accept any glitches or technical issues that may occur during gameplay without contesting them. We encourage you to report any issues you encounter to our customer support team, so we can work to resolve them as quickly as possible.
Points: By playing any of the games in the Game Center, you agree to accept any glitches or technical issues that may occur during gameplay without contesting them. We encourage you to report any issues you encounter to our customer support team, so we can work to resolve them as quickly as possible. Earned points in this video game tournament will only count towards the high score during the designated tournament time period. Any points earned outside of the tournament time period will not be counted towards the high score. We are not responsible for any glitches, errors, or technical issues that may affect the accuracy of the points earned during the tournament. Any such issues will not be considered grounds for adjusting the high score. The tournament time period will be clearly communicated to all participants prior to the start of the tournament. We reserve the right to disqualify any participant who attempts to submit points earned outside of the tournament time period. The high score achieved during the tournament time period will be considered final, and no further adjustments or revisions will be made after the tournament has ended. By participating in this tournament, you agree to these terms and conditions and acknowledge that any violations may result in disqualification from the tournament.

Disclaimer:

  The points earned in this video game tournament are subject to adjustment based on various factors, including but not limited to disqualifications, rule violations, or any other unforeseen circumstances that may affect the outcome of the tournament. Once the tournament is over, the results cannot be contested, and any adjustments made to the points earned will be final. We reserve the right to make any necessary changes to ensure the fairness and integrity of the tournament.

Governing Law:

These terms and conditions shall be governed by and construed in accordance with the laws of Alabama, without giving effect to any principles of conflicts of law.

Indemnification:

By playing this game, you agree to indemnify and hold harmless the OEM, participating Dealership, and Dealer’s Choice Inc. dba Procarma its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use of the game, including but not limited to any claims of injury, loss, or damage caused by playing the game while driving or performing other dangerous activities. By playing the game in Shelby’s Game Center, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not play the game.

Loyalty Membership Guide and Program Rules - Applicable to customers enrolled in a Dealership Loyalty Points Program

Customers will get 1 Point for every dollar spent on service and parts.
Points will be applied to your Loyalty Program account for every vehicle you purchase at the dealership.
Points will be applied to your Loyalty Program account after on-boarding the program through the service drive.
Your Loyalty Program points may ONLY be redeemed as follows:
Earn a maximum discount of $500.00 on the purchase of a new or used vehicle from the dealership.
Earn a maximum discount of $500.00 on the purchase of parts from the dealership.
Maximum discounts may not be combined for the same service visit.
Loyalty Program discounts may not exceed 100% of the transaction total.
Loyalty Program discounts may not be used in conjunction with any other offer
Loyalty Program discounts may not be used in conjunction with employee or fleet purchases or employee or fleet service work. NO CASH REDEMPTIONS.
Loyalty Program has to be used to purchase service or accessory through the service department at least once in 24 months or the program will be terminated.
The dealership may change the Guide and Program Rules at any time.