Terms and Conditions
These terms and conditions outline the rules and regulations for the use of CAVAUT's Website, located at https://cavaut.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use CAVAUT.com if you do not agree to take all of the terms and conditions stated on this page.
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CAVAUT TERMS OF USE
Effective Date: August 9, 2026
Last Updated: August 9, 2026
These Terms of Use (“Terms”) constitute a legally binding agreement governing access to and use of the websites, software, applications, portals, dashboards, APIs, integrations, communications features, customer-facing pages, content, data, products, and other services made available under the CAVAUT name (collectively, the “Services”).
For purposes of these Terms, “CAVAUT,” “we,” “us,” and “our” mean CAVAUT and, to the fullest extent applicable, its present and future owners, founders, members, managers, officers, directors, employees, contractors, agents, affiliates, subsidiaries, successors, assigns, licensors, service providers, and other associated persons or entities (collectively, the “CAVAUT Parties”).
“You” and “your” mean the individual accessing or using the Services and, where applicable, the business, repair facility, insurer, administrator, employer, customer, organization, or other entity on whose behalf that individual accesses or uses the Services.
BY ACCESSING OR USING ANY CAVAUT SERVICE, CREATING AN ACCOUNT, CLICKING TO ACCEPT THESE TERMS, SUBMITTING INFORMATION THROUGH THE SERVICES, OR OTHERWISE INDICATING YOUR ASSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.
If you access or use the Services on behalf of a company or other organization, you represent and warrant that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services.
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS-ACTION WAIVER, JURY-TRIAL WAIVER, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
1. SCOPE AND ELIGIBILITY
The Services are intended for lawful business and consumer use in jurisdictions where CAVAUT makes them available.
Unless a particular Service expressly permits otherwise, you must be at least eighteen (18) years old and legally capable of entering into a binding agreement to use the Services.
CAVAUT may establish additional eligibility, technical, geographic, account, subscription, customer, or other requirements for particular Services.
We reserve the right, subject to applicable law, to refuse, restrict, suspend, or discontinue access to any Service.
2. ADDITIONAL AGREEMENTS AND ORDER OF PRECEDENCE
Certain Services may be subject to additional agreements or terms, including subscription agreements, order forms, master services agreements, data processing agreements, implementation agreements, product-specific terms, privacy notices, communications terms, service-level agreements, or other written agreements (collectively, “Additional Terms”).
If Additional Terms conflict with these Terms, the Additional Terms will control with respect to the specific subject matter of the conflict unless expressly stated otherwise.
These Terms will continue to govern all matters not addressed by the applicable Additional Terms.
3. CHANGES TO THESE TERMS
CAVAUT may modify these Terms from time to time.
Updated Terms will become effective when posted or on any later effective date identified in the updated Terms, subject to applicable law.
Where required by law, CAVAUT will provide additional notice or obtain renewed consent.
Your continued use of the Services following the effective date of revised Terms constitutes your acceptance of those revised Terms.
If you do not agree to revised Terms, you must discontinue use of the Services.
4. CHANGES TO THE SERVICES
CAVAUT may add, remove, modify, replace, suspend, limit, or discontinue any Service or feature at any time, subject to applicable contractual obligations and law.
This includes integrations, APIs, communications features, customer-facing functionality, third-party connections, workflows, data sources, artificial-intelligence functionality, reporting features, and other functionality.
CAVAUT does not guarantee that any particular feature, integration, functionality, data source, workflow, or Service will remain available indefinitely.
5. ACCOUNTS, CREDENTIALS, AND AUTHORIZED USERS
You must provide accurate, current, and complete information when establishing or maintaining an account.
You are responsible for maintaining the confidentiality and security of passwords, access codes, authentication methods, API credentials, account links, and other credentials associated with your account.
You are responsible for activity occurring through your account and credentials to the extent permitted by applicable law.
You must promptly notify CAVAUT if you become aware of suspected unauthorized access, compromised credentials, fraudulent activity, or a security incident involving your account or the Services.
Organizations are responsible for ensuring that access is provided only to authorized personnel and for promptly removing access when an individual's authorization ends.
CAVAUT may require multi-factor authentication, identity verification, credential resets, or other security measures.
You may not share individual credentials with unauthorized persons or permit unauthorized individuals to access the Services.
6. LICENSE TO USE THE SERVICES
Subject to these Terms, any applicable Additional Terms, and payment of applicable fees, CAVAUT grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services during the applicable subscription or authorized-use period solely for their intended lawful purposes.
This license does not transfer ownership of any CAVAUT software, technology, intellectual property, documentation, content, or other proprietary materials.
All rights not expressly granted to you are reserved by CAVAUT and its licensors.
7. PROHIBITED CONDUCT
You may not, directly or indirectly:
• Use the Services in violation of any applicable law, regulation, court order, contractual obligation, or third-party right.
• Reverse engineer, decompile, disassemble, decode, translate, derive source code from, or otherwise attempt to discover non-public software architecture, algorithms, source code, or underlying technology except where such restrictions are prohibited by applicable law.
• Copy, reproduce, modify, distribute, sell, lease, sublicense, timeshare, white-label, frame, mirror, or create derivative works from the Services except as expressly authorized by CAVAUT.
• Scrape, crawl, spider, harvest, index, data-mine, or systematically extract information from the Services through unauthorized automated means.
• Circumvent authentication systems, access controls, rate limits, security measures, robot exclusions, usage limitations, or other technical restrictions.
• Introduce viruses, ransomware, malware, malicious code, corrupted files, or other material designed to damage, disrupt, interfere with, or obtain unauthorized access to systems or data.
• Conduct unauthorized penetration testing, vulnerability scanning, security testing, or similar activities against CAVAUT infrastructure.
• Attempt to gain unauthorized access to accounts, systems, databases, networks, or information.
• Impersonate another person or organization or misrepresent your identity, authority, or affiliation.
• Use another person's account or credentials without authorization.
• Use the Services to harass, threaten, defame, discriminate against, exploit, stalk, or unlawfully monitor another person.
• Upload, transmit, or process information that you do not have a lawful right to possess, use, or disclose.
• Use the Services to send spam or unlawful marketing, telemarketing, automated, prerecorded, or other regulated communications.
• Use the Services in a manner that violates privacy, consumer-protection, insurance, repair, advertising, communications, or other applicable laws.
• Interfere with the operation or availability of the Services.
• Use CAVAUT's confidential or proprietary information to create, train, improve, benchmark, or develop a directly competing product except with CAVAUT's written permission.
• Remove, conceal, or modify copyright, trademark, attribution, proprietary, or legal notices.
CAVAUT may investigate suspected violations and may preserve or disclose information when reasonably necessary to comply with law, enforce these Terms, protect users or third parties, or protect the security and integrity of CAVAUT and the Services.
8. CUSTOMER, VEHICLE, CLAIM, REPAIR, AND BUSINESS DATA
The Services may process information concerning customers, vehicles, repairs, estimates, insurance claims, insurers, repair facilities, parts, photographs, videos, documents, communications, appointments, payments, contacts, repair status, and related business information (“Customer Data”).
As between you and CAVAUT, you retain your applicable ownership rights in Customer Data, subject to the rights granted to CAVAUT under these Terms and any Additional Terms.
You represent and warrant that you have all rights, permissions, notices, authorizations, consents, and lawful bases necessary to collect, upload, disclose, transmit, and instruct CAVAUT to process Customer Data.
You are responsible for the legality, accuracy, quality, integrity, and appropriateness of Customer Data that you provide.
You are also responsible for properly configuring user access and permissions.
Unless expressly authorized in writing by CAVAUT, you should not use the Services to store sensitive information unnecessary for the intended CAVAUT workflow, including Social Security numbers, complete payment-card information, account passwords, biometric identifiers, medical records, or similarly sensitive regulated information.
You authorize CAVAUT and its authorized service providers to host, reproduce, transmit, display, organize, analyze, back up, and otherwise process Customer Data as reasonably necessary to operate, secure, support, maintain, administer, and improve the Services, fulfill your instructions, comply with law, and enforce applicable agreements.
9. USER CONTENT
“User Content” includes text, messages, files, images, photographs, videos, logos, forms, documents, comments, templates, and other materials submitted to or through the Services.
You retain your applicable ownership rights in User Content.
You are solely responsible for ensuring that you have all rights necessary to submit and use User Content through CAVAUT.
You grant CAVAUT a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, format, display, technically modify, and otherwise process User Content as reasonably necessary to operate, support, secure, maintain, improve, and provide the Services.
CAVAUT may remove or restrict User Content that CAVAUT reasonably believes violates these Terms, applicable law, platform security, or third-party rights.
10. CUSTOMER COMMUNICATIONS, SMS, EMAIL, AND ELECTRONIC MESSAGES
CAVAUT may enable businesses, repair facilities, insurers, administrators, or other authorized users to communicate with customers through SMS/text messages, email, in-app messages, push notifications, telephone communications, or other electronic methods.
Communications may include repair-status updates, appointment reminders, requests for information, customer-service communications, verification messages, estimated completion updates, pickup notifications, payment-related information, and other transactional communications.
Businesses using CAVAUT are responsible for obtaining and documenting any consent required by applicable law before initiating communications.
Businesses are also responsible for honoring legally required opt-outs.
You may not use CAVAUT to transmit marketing, promotional, automated, prerecorded, or other regulated communications unless you have obtained all legally required consent.
Message and data rates may apply.
Message frequency may vary.
Electronic-message delivery is not guaranteed. Delivery may be affected by telecommunications carriers, internet providers, filtering technologies, devices, outages, incorrect contact information, or circumstances outside CAVAUT's control.
Where supported, recipients may use customary opt-out methods such as replying “STOP” to applicable SMS programs.
11. ELECTRONIC COMMUNICATIONS AND SIGNATURES
By using the Services, you consent to receiving agreements, disclosures, notices, records, and other communications electronically where permitted by law.
Electronic acceptance, acknowledgments, signatures, and records may have the same legal effect as paper documents and handwritten signatures to the extent permitted by applicable law.
You are responsible for maintaining appropriate hardware, software, internet access, and current contact information necessary to receive electronic communications.
12. IMPORTANT CAVAUT ROLE DISCLAIMER
CAVAUT IS A SOFTWARE AND COMMUNICATIONS TECHNOLOGY PLATFORM.
CAVAUT is not a collision repair facility, automobile body shop, mechanic, dealership, vehicle manufacturer, parts supplier, insurer, insurance carrier, insurance adjuster, appraiser, attorney, law firm, financial institution, lender, safety inspector, calibration provider, engineering firm, or vehicle-repair professional.
CAVAUT does not itself perform vehicle repairs.
CAVAUT does not determine whether a vehicle has been properly repaired.
CAVAUT does not certify vehicle safety or roadworthiness.
CAVAUT does not determine insurance coverage.
CAVAUT does not approve or deny insurance claims.
CAVAUT does not establish repair procedures.
CAVAUT does not independently determine what parts should be used.
CAVAUT does not independently determine whether calibrations, scans, diagnostics, or other procedures are necessary.
CAVAUT does not guarantee repair quality, workmanship, safety, or results.
13. REPAIR AND INSURANCE INFORMATION DISCLAIMER
Information displayed through CAVAUT may originate from repair facilities, insurers, administrators, employees, vendors, integrations, customers, automated systems, or other third parties.
CAVAUT does not independently verify every estimate, repair decision, repair procedure, part selection, labor operation, insurance decision, coverage determination, deductible, supplement, payment, calibration requirement, safety determination, repair status, or completion date.
The responsible repair professional, insurer, or other qualified party remains responsible for its own decisions, representations, services, workmanship, and obligations.
Users should contact the appropriate repair facility, insurer, or qualified professional regarding questions concerning repairs, safety, insurance coverage, claim decisions, payment obligations, or vehicle condition.
14. REPAIR STATUS AND ESTIMATED COMPLETION DATES
Repair statuses and estimated completion dates displayed through CAVAUT are informational estimates and are not guarantees.
Repair timelines may change because of circumstances including:
• Hidden or additional vehicle damage;
• Supplemental estimates;
• Insurance approvals;
• Parts availability;
• Parts delays or incorrect parts;
• Labor availability;
• Repair complexity;
• Diagnostic findings;
• OEM procedures;
• Calibration requirements;
• Sublet work;
• Quality-control findings;
• Weather;
• Shipping delays;
• Vendor delays;
• Customer authorization;
• Insurance disputes; or
• Other circumstances outside CAVAUT's control.
A status displayed through CAVAUT does not guarantee that a vehicle is safe to operate, fully repaired, ready for delivery, repaired according to OEM procedures, or otherwise complete.
Final repair and delivery determinations remain the responsibility of the applicable repair facility or qualified professional.
15. THIRD-PARTY SERVICES AND INTEGRATIONS
CAVAUT may integrate or interact with third-party products and services, including estimating platforms, repair-management systems, insurers, payment processors, communications providers, mapping providers, analytics platforms, cloud providers, parts systems, data providers, and other technologies.
Third-party services are controlled by their respective providers and may be subject to separate terms, privacy policies, fees, and requirements.
CAVAUT does not control and is not responsible for third-party services, including their accuracy, availability, reliability, security, content, performance, acts, or omissions.
Changes made by a third-party provider may impair, restrict, or terminate an integration without liability to CAVAUT.
16. ARTIFICIAL INTELLIGENCE AND AUTOMATION
Certain CAVAUT Services may use automation, artificial intelligence, machine learning, algorithms, or similar technology.
Such functionality may be used to summarize information, organize data, suggest communications, classify information, identify patterns, automate workflows, or generate content.
Automated or AI-generated outputs may contain errors, omissions, outdated information, or inaccurate conclusions.
AI-generated or automated information is provided as an assistive tool and should not be considered professional repair advice, insurance advice, legal advice, financial advice, safety certification, coverage determination, or guaranteed factual information.
You are responsible for reviewing automated or AI-generated outputs before relying on, sending, publishing, or acting upon them.
Human review is particularly important where information could affect vehicle safety, repair decisions, insurance coverage, legal rights, finances, or consumers.
17. FEES, SUBSCRIPTIONS, AND BILLING
Certain CAVAUT Services may require payment.
Pricing, subscription periods, billing cycles, usage limitations, payment obligations, and other commercial terms may be provided through an order form, subscription agreement, checkout process, or other Additional Terms.
Unless otherwise expressly stated or required by law, fees are non-refundable.
You authorize CAVAUT and its authorized payment processors to charge applicable fees, taxes, subscription payments, and other authorized amounts to your selected payment method.
You are responsible for maintaining accurate billing information and a valid payment method.
CAVAUT may suspend or restrict paid Services for unpaid amounts after any notice required by applicable law or agreement.
Trials, credits, promotional pricing, discounts, or promotional Services may be subject to separate conditions and may be modified or discontinued according to their applicable terms.
18. INTELLECTUAL PROPERTY
The Services and all associated software, source code, object code, databases, interfaces, workflows, designs, graphics, documentation, technology, trademarks, logos, service marks, names, domains, know-how, and proprietary materials are owned by or licensed to CAVAUT.
These materials are protected by applicable copyright, trademark, trade-secret, patent, unfair-competition, and other intellectual-property laws.
Except for the limited rights expressly granted under these Terms, no right, title, or interest in CAVAUT intellectual property is transferred to you.
The CAVAUT name, logos, product names, designs, and branding may not be used without authorization.
19. FEEDBACK AND SUGGESTIONS
If you provide CAVAUT with suggestions, ideas, recommendations, improvements, enhancement requests, concepts, or other feedback (“Feedback”), you grant CAVAUT a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, commercialize, incorporate, distribute, and otherwise exploit that Feedback for any lawful purpose without compensation or obligation to you.
CAVAUT will not publicly identify you as the source of Feedback without permission unless otherwise permitted by law.
20. PRIVACY
CAVAUT's collection, use, disclosure, and processing of personal information may also be governed by CAVAUT's Privacy Policy and other applicable privacy notices.
Businesses using CAVAUT are independently responsible for complying with privacy and data-protection laws applicable to their own collection and use of personal information.
You are responsible for providing legally required privacy notices and obtaining legally required permissions or consent from customers, employees, or other individuals whose information you submit through the Services.
21. SECURITY
CAVAUT may maintain administrative, technical, and organizational safeguards designed to protect information and the Services.
However, no computer system, software platform, internet transmission, cloud environment, network, or storage method can be guaranteed to be completely secure.
CAVAUT does not warrant that unauthorized access, cyberattacks, data loss, outages, or security incidents will never occur.
Users are responsible for implementing reasonable security practices, including appropriate access controls, secure devices, strong authentication, password protection, employee access management, and prompt removal of unauthorized users.
22. CONFIDENTIAL INFORMATION
Non-public technical, financial, security, pricing, product, business, operational, and other proprietary information disclosed by CAVAUT that a reasonable person would understand to be confidential constitutes “CAVAUT Confidential Information.”
You may use CAVAUT Confidential Information only as necessary to lawfully use the Services.
You must protect CAVAUT Confidential Information using at least reasonable care and may not disclose it except as authorized by CAVAUT or required by law.
These confidentiality obligations do not apply to information you can demonstrate:
• Was lawfully known to you without confidentiality restrictions;
• Became publicly available through no violation of these Terms;
• Was independently developed without use of CAVAUT Confidential Information; or
• Was lawfully received from another person without confidentiality obligations.
23. SUSPENSION AND TERMINATION
CAVAUT may suspend, restrict, or terminate your access to some or all Services if CAVAUT reasonably believes:
• You violated these Terms or Additional Terms;
• Your account creates a security risk;
• Your use violates applicable law;
• Your account is involved in fraudulent or abusive activity;
• Required fees remain unpaid;
• Your conduct threatens CAVAUT, another user, or a third party; or
• Suspension or termination is otherwise reasonably necessary to protect the Services.
Where commercially reasonable and legally permitted, CAVAUT may provide notice and an opportunity to cure a violation.
Upon termination, your right to access the affected Services ends.
Any provisions that by their nature should survive termination will survive, including provisions concerning payment, ownership, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and general legal provisions.
24. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAVAUT AND THE CAVAUT PARTIES PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CAVAUT AND THE CAVAUT PARTIES DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
CAVAUT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, ACCURATE, CURRENT, COMPATIBLE WITH EVERY SYSTEM, OR FREE FROM HARMFUL COMPONENTS.
CAVAUT DOES NOT GUARANTEE THAT DATA WILL NEVER BE LOST OR THAT ANY PARTICULAR REPAIR RESULT, INSURANCE RESULT, CUSTOMER-SATISFACTION RESULT, BUSINESS RESULT, REVENUE RESULT, OR OTHER OUTCOME WILL BE ACHIEVED THROUGH USE OF THE SERVICES.
Some jurisdictions do not permit certain warranty exclusions. Accordingly, some exclusions may not apply to you.
25. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAVAUT AND THE CAVAUT PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ENHANCED DAMAGES.
This includes, without limitation, damages arising from:
• Lost profits;
• Lost revenue;
• Lost business;
• Lost opportunities;
• Lost goodwill;
• Lost or corrupted data;
• Business interruption;
• Loss of use;
• Cost of substitute services;
• Repair delays;
• Insurance decisions;
• Customer disputes;
• Third-party actions or omissions; or
• Unauthorized access or security incidents not resulting from liability that applicable law prohibits CAVAUT from limiting.
This limitation applies regardless of whether liability is asserted under contract, tort, negligence, strict liability, statute, or another legal theory and regardless of whether CAVAUT was advised of the possibility of damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CAVAUT AND ALL CAVAUT PARTIES ARISING FROM OR RELATING TO THE SERVICES, THESE TERMS, OR ANY RELATED CLAIM WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT ACTUALLY PAID BY YOU TO CAVAUT FOR THE AFFECTED SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations will apply to the maximum extent permitted by applicable law.
Nothing in these Terms excludes or limits liability that applicable law prohibits from being excluded or limited.
26. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CAVAUT and the CAVAUT Parties from and against third-party claims, demands, actions, proceedings, investigations, liabilities, judgments, settlements, penalties, losses, damages, expenses, costs, and reasonable attorneys' fees arising from or relating to:
• Your access to or use of the Services;
• Use of the Services by your employees, contractors, agents, or authorized users;
• Customer Data or User Content provided by or on behalf of you;
• Your violation of these Terms or Additional Terms;
• Your violation of applicable law;
• Your violation of another person's rights;
• Communications initiated by or on behalf of you through CAVAUT;
• Your repair work or workmanship;
• Estimates or repair decisions made by you;
• Insurance or claim representations made by you;
• Your payment practices;
• Your privacy or data-handling practices;
• Representations you make to customers or third parties;
• Your business operations;
• Fraud or willful misconduct by you; or
• Unauthorized or negligent acts of your personnel.
CAVAUT may assume control of the defense of any matter subject to indemnification.
You agree to reasonably cooperate in the defense.
You may not settle a claim in a manner that admits wrongdoing by CAVAUT, imposes obligations on CAVAUT, or restricts CAVAUT without CAVAUT's prior written consent.
27. THIRD-PARTY DISPUTES
CAVAUT is not responsible for disputes between users and repair facilities, customers, insurers, vendors, service providers, employees, contractors, or other third parties.
To the maximum extent permitted by law, you release the CAVAUT Parties from claims arising solely from disputes between you and another user or third party, except to the extent directly caused by CAVAUT's breach of a legal duty that cannot lawfully be waived.
28. DISPUTE RESOLUTION AND INFORMAL RESOLUTION
Before initiating arbitration or litigation against the other party, the complaining party must provide written notice describing the dispute and requested relief.
The parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days following receipt of the notice.
This informal-resolution requirement does not prevent either party from seeking emergency injunctive relief where legally available.
29. BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND YOUR ABILITY TO BRING A CLAIM IN COURT.
Except for disputes eligible for small-claims court, claims seeking only injunctive relief involving misuse or infringement of intellectual property or confidential information, and claims that applicable law prohibits from arbitration, disputes arising out of or relating to these Terms, the Services, or the relationship between you and CAVAUT will be resolved through binding individual arbitration.
Arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable AAA Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the nature of the dispute.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Arbitration may be conducted by telephone, video conference, written submissions, or in person as permitted by the applicable arbitration rules.
The arbitrator may award the same individual remedies that a court could award, subject to these Terms and applicable law.
30. CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CAVAUT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION.
Unless both parties expressly agree otherwise, an arbitrator may not consolidate claims involving multiple individuals or preside over a representative or class proceeding.
If applicable law determines that a particular claim or remedy cannot lawfully be subjected to this waiver, that claim or remedy will proceed as required by applicable law.
31. JURY-TRIAL WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CAVAUT KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR DISPUTES SUBJECT TO THE ARBITRATION AGREEMENT OR OTHERWISE PERMITTED TO BE WAIVED.
32. GOVERNING LAW
These Terms are governed by the laws of the State of Texas without regard to conflict-of-law principles.
The Federal Arbitration Act governs the arbitration provisions contained in these Terms.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
33. COURT VENUE
For disputes that are not subject to arbitration, and to the extent permitted by applicable law, exclusive jurisdiction and venue will lie in the appropriate state or federal courts serving Collin County, Texas.
You and CAVAUT consent to the personal jurisdiction of those courts.
34. COPYRIGHT AND INTELLECTUAL-PROPERTY COMPLAINTS
CAVAUT respects intellectual-property rights.
If you believe material available through CAVAUT infringes your copyright, you may submit a copyright-infringement notification meeting the requirements of applicable U.S. copyright law, including the Digital Millennium Copyright Act (“DMCA”).
A valid notice generally must:
• Identify the copyrighted work;
• Identify the allegedly infringing material;
• Provide sufficient information to locate the material;
• Provide the complaining party's contact information;
• Include the statements required by applicable law; and
• Include the physical or electronic signature of the copyright owner or authorized representative.
CAVAUT may remove or restrict allegedly infringing material and may terminate repeat infringers where appropriate.
CAVAUT's designated DMCA agent and contact information will be published once finalized.
35. EXPORT CONTROLS AND SANCTIONS
You may not access, export, re-export, transfer, or use the Services in violation of United States export-control, sanctions, anti-boycott, or other applicable trade laws.
You represent that you are not prohibited from receiving the Services under applicable sanctions or restricted-party laws.
36. COMPLIANCE WITH LAW
You are responsible for ensuring that your use of CAVAUT complies with laws applicable to your business and activities.
Depending on your activities, these may include laws governing:
• Consumer protection;
• Data privacy;
• Data security;
• Insurance;
• Collision repair;
• Automotive repair;
• Advertising;
• Telemarketing;
• SMS and electronic communications;
• Accessibility;
• Employment;
• Payment processing; and
• Record retention.
CAVAUT's provision of technology does not relieve you of your independent legal or regulatory obligations.
37. FORCE MAJEURE
To the maximum extent permitted by law, CAVAUT will not be liable for delay, interruption, or failure caused by circumstances beyond CAVAUT's reasonable control.
Such circumstances may include natural disasters, severe weather, fires, floods, wars, terrorism, civil unrest, labor disputes, epidemics, pandemics, government actions, utility failures, telecommunications failures, internet outages, cloud-provider outages, cyberattacks, supply-chain failures, third-party service interruptions, or similar circumstances.
38. ASSIGNMENT
You may not assign or transfer these Terms or your rights under them without CAVAUT's prior written consent.
CAVAUT may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, financing, restructuring, reorganization, sale of assets, sale of the business, or other corporate transaction.
Any attempted assignment prohibited by these Terms is void to the extent permitted by law.
39. NOTICES
CAVAUT may provide notices through the Services, through your account, by email, through CAVAUT's website, or through another reasonable electronic method.
Notices will be considered effective when sent or posted, subject to applicable law.
You are responsible for maintaining accurate contact information.
Formal legal notices to CAVAUT should be delivered to the legal contact information published by CAVAUT once CAVAUT's operating legal entity and official legal-notice address have been finalized.
40. NO PARTNERSHIP, AGENCY, OR ENDORSEMENT
Nothing in these Terms creates a partnership, joint venture, franchise, fiduciary relationship, employment relationship, or agency relationship between you and CAVAUT.
You may not represent that CAVAUT endorses, certifies, guarantees, or approves your business, repair services, workmanship, products, employees, or operations unless CAVAUT expressly authorizes such representation in writing.
41. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent legally permissible.
The remaining provisions will continue in full force and effect.
42. WAIVER
CAVAUT's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Any waiver must be in writing and authorized by CAVAUT.
43. ENTIRE AGREEMENT
These Terms, together with applicable Additional Terms, constitute the entire agreement between you and CAVAUT concerning the subject matter addressed herein and supersede prior or contemporaneous communications, proposals, representations, or understandings regarding that subject matter.
44. INTERPRETATION
Headings are provided for convenience and do not limit the meaning of any provision.
The words “include,” “includes,” and “including” mean “including without limitation.”
References to laws include amendments, replacements, implementing regulations, and successor provisions where applicable.
Electronic copies and electronic acceptances will be treated as originals to the extent permitted by law.
45. NON-WAIVABLE RIGHTS
Nothing in these Terms is intended to eliminate, restrict, or waive rights or remedies that applicable law prohibits from being eliminated, restricted, or waived.
If mandatory consumer-protection or other applicable law grants you rights that cannot legally be waived, those rights remain unaffected.
46. CONTACT CAVAUT
CAVAUT
Legal / Terms of Use
Questions regarding these Terms should be directed to the legal or support contact designated by CAVAUT at Support@cavaut.com
END OF TERMS OF USE
