Terms of service

OVERVIEW

This website is operated by Acuity Marketing Inc. dba CarPro (“CarPro Sweeps”). Throughout the site, the terms “we”, “us” and “our” refer to Acuity Marketing Inc. dba CarPro.

CarPro Sweeps offers this website, including all information, tools, products, services, sweepstakes opportunities, and content available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, affiliates, sweepstakes participants, and/or contributors of content.

IMPORTANT: Participation in any sweepstakes, giveaway, contest, promotion, or prize drawing offered through this website is governed by the Official Rules for that specific promotion. If any provision of these Terms conflicts with the Official Rules of a promotion, the Official Rules shall control with respect to that promotion.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, tools, products, services, sweepstakes, or resources which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website.

These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy:

https://carprosweeps.com/pages/refund-policy

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.

We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or Services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time.

Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse, limit, cancel, or investigate any order, transaction, account, or sweepstakes entry that we believe may violate applicable laws, promotional rules, these Terms of Service, or any applicable Official Rules.

For more details, please review our Refund Policy:

https://carprosweeps.com/pages/refund-policy

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources).

Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, photographs, videos, testimonials, reviews, social media content, winner stories, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation:

(1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or

(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

By submitting photographs, videos, testimonials, reviews, social media content, winner stories, or other materials to CarPro Sweeps, you grant Acuity Marketing Inc. dba CarPro Sweeps a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, publish, distribute, modify, display, promote, and otherwise utilize such materials in connection with our business, marketing, advertising, promotional efforts, social media channels, websites, and future sweepstakes promotions.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:

https://carprosweeps.com/pages/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Acuity Marketing Inc. dba CarPro, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Acuity Marketing Inc. dba CarPro Sweeps and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of:

your breach of these Terms of Service;
the documents they incorporate by reference;
your violation of any law;
your violation of any sweepstakes Official Rules; or
your violation of the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice.

You will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide products, services, sweepstakes promotions, or other opportunities shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - SWEEPSTAKES OFFICIAL RULES

Participation in any sweepstakes, giveaway, contest, promotion, or prize drawing offered through this website is subject to the Official Rules for that specific promotion.

The Official Rules contain important information regarding:

Eligibility requirements
Entry methods
Promotion dates
Prize descriptions
Winner selection procedures
Winner notification procedures
Prize restrictions
Tax responsibilities
Odds of winning

By entering any sweepstakes or promotion offered through this website, you agree to be bound by the applicable Official Rules in addition to these Terms of Service.

If there is a conflict between these Terms of Service and the Official Rules for a promotion, the Official Rules shall govern with respect to that promotion.

SECTION 21 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Trade Name:
Acuity Marketing Inc. dba CarPro Sweeps

Email:
hello@carprosweeps.com

Website:
www.carprosweeps.com

Physical Address:
2951 Marina Bay Drive
League City, Texas 77573
United States

EIN:
20-0373716

SECTION 22 - SWEEPSTAKES DISCLOSURES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

All sweepstakes winners are selected through a random drawing from among all eligible entries received during the applicable promotion period.

Eligibility, entry methods, prize descriptions, promotion dates, geographic restrictions, winner selection procedures, and prize fulfillment details vary by promotion and are described in the Official Rules for each sweepstakes.

Void where prohibited by law.

Participation in any promotion constitutes acceptance of the applicable Official Rules.

CarPro Sweeps utilizes independent sweepstakes administration and winner verification procedures designed to help ensure fairness, transparency, and compliance with applicable laws and regulations.

Winners may be required to complete affidavits, eligibility verification documents, tax forms, publicity releases where permitted by law, and other documents required by the Official Rules before a prize can be awarded.

By providing your phone number and opting into SMS communications, you agree to our Messaging Terms and Messaging Privacy Policy available on this website.

SECTION 23 - MOBILE MESSAGING TERMS

The CarPro Sweeps mobile messaging service (the “Service”) is operated by Acuity Marketing Inc. dba CarPro Sweeps (“CarPro Sweeps,” “we,” “us,” or “our”). Your use of the Service constitutes your agreement to these Mobile Messaging Terms (“Mobile Terms”). We may modify, suspend, or discontinue the Service or any of its features at any time without notice. To the extent permitted by applicable law, we may also update these Mobile Terms at any time, and your continued use of the Service following the effective date of any changes constitutes your acceptance of those changes.

By opting into CarPro Sweeps’ SMS/text messaging program, you agree to receive recurring text messages from and on behalf of CarPro Sweeps at the mobile number you provide, including messages sent using an automatic telephone dialing system or other technology where permitted by applicable law. Messages may include transactional communications such as order confirmations, shipping updates, account notifications, and customer support communications, as well as promotional messages regarding current and upcoming sweepstakes, giveaways, promotions, exclusive offers, product releases, event announcements, special discounts, cart reminders, and other marketing communications.

Your consent to receive marketing text messages is not a condition of making a purchase or entering any sweepstakes. Participation in the Service is completely voluntary.

CarPro Sweeps does not charge for the Service; however, message and data rates may apply. Message frequency will vary depending on your interactions with us. You are solely responsible for any charges imposed by your wireless carrier. Please contact your wireless provider for details regarding your messaging plan.

You may opt out of the Service at any time by replying STOP to any text message you receive from CarPro Sweeps. You may also use any unsubscribe link provided in a text message where available. After opting out, you will receive a one-time confirmation message, after which you will no longer receive marketing text messages unless you opt in again.

For assistance, reply HELP to any CarPro Sweeps text message or contact us at hello@carprosweeps.com.

We may change the telephone number or short code used to operate the Service at any time. If we do, we will notify you where required by applicable law. You acknowledge that messages sent to a telephone number or short code that has been changed, including STOP or HELP requests, may not be received, and we are not responsible for honoring requests sent to numbers or short codes that are no longer in use.

Wireless carriers are not liable for delayed or undelivered messages. You agree to provide a valid mobile telephone number and to promptly update your information if your mobile number changes.

To the fullest extent permitted by applicable law, CarPro Sweeps shall not be liable for delayed, failed, or misdirected delivery of text messages, errors in the content of messages, or any actions taken or not taken in reliance upon information provided through the Service.

We respect your privacy. Information collected through our mobile messaging program is subject to our Privacy Policy, available at:

https://carprosweeps.com/pages/privacy-policy

These Mobile Messaging Terms supplement our Terms of Service and Privacy Policy. In the event of any conflict between these Mobile Messaging Terms and the Terms of Service, these Mobile Messaging Terms shall govern solely with respect to the CarPro Sweeps mobile messaging service.