TERMS AND CONDITIONS

This website Legal Notice (“Notice”) contains important information about the terms, conditions, and risks associated with using the PickMyCarBrain website. Please read this information carefully.

In consideration of the information and services provided by PickMyCarBrain, the User hereby agrees to the terms and conditions set forth in this Notice, as amended from time to time.

The User promises to read this Notice carefully and retain it for future reference. The User understands that the terms and conditions of this Notice govern all aspects of his relationship with PickMyCarBrain, including all transactions between the User and PickMyCarBrain or the User and any other consumers of PickMyCarBrain. The User hereby understands that the information on this website may contain inaccuracies or typographical errors. PickMyCarBrain makes no representations about the accuracy or reliability of the information contained on this website. The use of PickMyCarBrain and any information contained on this website is at the User’s sole risk. PickMyCarBrain reserves the right to modify or make changes to this website or Notice at any time.

The User hereby agrees and accepts the terms and conditions as set forth from PickMyCarBrain that the material and services as laid out are provided on an “as-is” basis, meaning that the material and services are provided without any express or implied warranty. PickMyCarBrain does not claim any warranty with regards to the quality, accuracy, or content of the information as stated on this website or any information received as a result of using this website. PickMyCarBrain also disclaims any warranty, either expressed or implied, as to title or warranties of merchantability or fitness for a particular purpose. PickMyCarBrain further disclaims any warranties concerning the user and who they ultimately purchase, lease, or otherwise obtain their vehicle from regardless of vehicle seller type (examples:  dealership, retailer, or private).

The User hereby acknowledges and agrees that PickMyCarBrain does not and in no way can control the actions of consumers of this website. If at any time a dispute between the User and one or more other consumers of this website arises as a result of using PickMyCarBrain, the User hereby releases PickMyCarBrain, its officers, directors, and employees from any claims, demands, causes of action, suits and damages arising from such dispute.

The User hereby accepts that this Agreement is deemed to have made in the State of Ohio and will be construed, and the rights and liabilities of the User determined, in accordance with the internal laws of the State of Ohio. Furthermore, the User hereby understands and accepts that any dispute, claim or controversy arising from or related to a relationship created by this website shall be submitted to binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration shall be governed by AAA applicable arbitration rules. The arbitration shall take place in Cincinnati, Ohio. By accepting the binding arbitration provision in this Notice, the User agrees to give up the right to sue PickMyCarBrain in court, including the right to trial by jury, except as provided by the rules of the arbitration as administered by AAA. The User furthermore accepts that the decision of the arbitrator shall be final and binding upon the User and may be entered as a judgment by a state or federal court.

The User acknowledges that PickMyCarBrain, its officers, directors, and employees do not verify information provided by its clients and/or business partners. Therefore, PickMyCarBrain cannot and shall not be held responsible for any inaccuracies contained in this website or from any information derived from use of this website. By using this website, the User hereby agrees that such information is believed to be accurate, but that the accuracy of said information is not guaranteed whether expressed or implied. 

The User agrees that PickMyCarBrain, its officers, directors, and employees in no way guarantee that an individual using this website will be approved for automotive credit by any financial institution. PickMyCarBrain, its officers, directors, or employees “DO NOT” make credit decisions and have no authority to do so. PickMyCarBrain will not be held liable for any decisions made regarding such a potential relationship as between the User of this website and a financial lender that might be named on this website.

PickMyCarBrain is an information provider focusing on assisting automotive consumers. No information contained on this website should be deemed to be an offer, counteroffer, or acceptance. PickMyCarBrain shall not be held liable for any inaccuracies on said website, or any information obtained because of using said website.

By registering with PickMyCarBrain for an “Session” the User agrees to pay a fee. The cost of a Session is determined by what level of service the User selects from the registration page. If the User does not select a package, the package will be selected automatically. The User accepts that by requesting a Session, he will be charged a fee. The client also accepts that additional Session-related fees may be charged depending on the direction of the actual Session interaction. It should be noted that PickMyCarBrain does not guarantee that all information will be immediately available, and some information may require post Session correspondence. PickMyCarBrain reserves the right to cancel a Session and/or any Session associated services at any time without a refund.

IN NO EVENT WILL PICKMYCARBRAIN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF PICKMYCARBRAIN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Void where prohibited. 

The material contained on this site is the proprietary material and information of PickMyCarBrain and PickMyCarBrain expressly forbids any copying, reproducing, or use of this material without express written authorization from PickMyCarBrain. 

REFUND POLICY

PickMyCarBrain will adhere to the following policies:

General Refund Policies and Guidelines

1.  Multiple or duplicate charges are automatically eligible for refund.

2.  No refunds will be issued after 30 days from the original date of purchase regardless of reason.

3.  Discounted services and/or promotional programs are not eligible for refund under any circumstances.

4.  PickMyCarBrain will process all refund requests within 7 business days of refund request approval.

Specific Refund Polices

1.  Session Fees - Not refundable under most circumstances. (Encompasses all charges related to “Session Fees” including those supplemental and upgrade in nature.

2.  Informational Packets (includes all paid information dissemination) - Not refundable under any circumstances.

3.  A policy change of any type by a manufacturer, financial services provider, and/or dealership is not grounds for a refund regardless of the product(s) or service(s) purchased from PickMyCarBrain.  

4.  Claiming one did not understand or was unsure of the service that he registered for does not merit a refund.

5.  The refund policies of Company Affiliates and Partners will apply when users opt to do business with third-party vendor and service providers.   

PickMyCarBrain reserves the right to change all refund policies at any time. 

If any provision of this Notice is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of this Notice. Except as specifically permitted in the Notice, no provision of the Notice can be, nor will be deemed to be waived, altered, modified or amended unless agreed to in writing signed by an authorized representative of PickMyCarBrain.

The failure of PickMyCarBrain to insist on strict compliance with this Notice or any other course of conduct on its part will not be deemed a waiver of PickMyCarBrain’s rights under this Notice.