By creating an account and/or using our Services, you are agreeing to the terms set forth in our Legal Notices and these Terms and Conditions. Collision Concierge, Inc. dba Real Auto Body, located at 17875 Von Karman Ave., Suite 150, Irvine, CA 92614 and their respective subsidiaries and affiliates (collectively, " Company", “Real Auto Body”, "We", "Our" or "Us") provides our Services.
Please read all of our terms carefully. These policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with these privacy policies.
*** IF YOU DO NOT AGREE TO OUR TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THIS SERVICE ***
When you visit some of our Services or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing. You agree to let us know if your email address changes for as long as you are using any Services.
SITE/APPLICATION ACCESS AND LICENSES
Use of the Services require a compatible mobile device or computer, internet access as well as possible software (“Requirements”). You agree that you are solely responsible for these Requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Real Auto Body 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 tools provided by Real Auto Body or with the express written consent of Real Auto Body. This license does not include: (i) any resale or commercial use of this site or its contents; (ii) the right to make or establish a derivative use of this site or its contents; (iii) any downloading or copying of account information for the benefit of another party - except as may otherwise be allowed under the site (e.g. parent/guardian/minor relationship); and/or (iv) any use of data mining, robots, or similar data gathering and extraction tools.
You may not use any meta tags or any other "hidden text" utilizing Real Auto Body's name or trademarks without the express written consent of Real Auto Body. Any unauthorized use terminates the permission or license granted by Real Auto Body.
You may not link to any page except Company’s home page unless you have received written authorization otherwise from Company’s executive suite. You may not use any Real Auto Body logo or other proprietary graphic or trademark as part of the link without express written permission.
You must register to use our Services and (i) provide true, accurate, current and complete information about yourself (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete. Services may allow you to upload, submit, store, send or receive content. As between You and Us, we don’t own the information you transmit to us and You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through our Services, you give Real Auto Body (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. (Real Auto Body would seek to obtain your permission prior to publishing, publicly displaying and/or publicly performing any of your content.) The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. The Services may offer you ways to access and remove such content that has been provided to the Services. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
In connection with your use of the Services, we may directly send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
ABOUT SOFTWARE IN OUR SERVICES
When Services require or include downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Real Auto Body gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Real Auto Body as part of the Services and Service fee. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Real Auto Body, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. If we terminate a Service and/or no longer make it available to end users and you have been paying a fee, you will not be charged a fee after the date of termination nor will you have access and/or use of such Service(s). Unless otherwise agreed to by You and Company under a separate arrangement, You can stop using our Services at any time, although we’ll be sorry to see you go. Real Auto Body may also stop providing Services to you or add or create new limits to our Services at any time.
HOW YOU CAN OPT-OUT
Certain Services will allow you to disengage from its use. For other Services, you would need to reach out to your Customer Service Representative that can de-enroll you from a Service.
YOUR PERSONAL INFORMATION
Your privacy is important to us. You may need to provide a User ID and password to access and use a certain Service. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer; as such we recommend that you do not divulge your password to anyone as you are responsible for all activities that occur under your account. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. Remember to sign out of your account and close your browser window when you have finished your session. This is to help ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it. Whenever you voluntarily disclose personal information online - for example on message boards, through email or in chat areas - that information can be collected and used by others. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. You agree that by providing us with Your Personal Information, you permit us to use Your Personal Information as necessary for you to utilize the Services, including disclosure of Your Personal Information to Company Users. Some Services we provide to you as a Network of Collision Repair Centers may provide information to your vehicle insurance provider. As a Network of Collision Repair Centers, we follow the rules that apply to Automobile Repairer under the regulations set forth by the CA Bureau of Automotive Repair as well as any other privacy and security rule surrounding your personal information, that was agreed to between Real Auto Body and your insurance provider. In some cases, you may, in your sole discretion, elect to use the Services to obtain directly from Real Auto Body and/or other third-party services, whose terms may be different than the terms set forth herein.
BILLING AND PAYMENT
You may be charged a fee for the transport and repair services you receive through Services by the Company and/or its staff. Real Auto Body collects this fee (or an insurance deductible, if applicable) on behalf of the Customer from the Vehicle Insurance Policy. Any services provided by your Auto Body Repair Shop and applicable fees for such services are solely between you and your Auto Body Repair Shop. Real Auto Body is not responsible for access to such features nor for any failure, unavailability, inaccuracy or any other issue with any third-party payment service. You represent and warrant to Real Auto Body that any payment information you provide is true and that you are authorized to use the payment instrument. You agree to promptly update your account information with any changes in your information. If you dispute any charged fees, you should contact your Insurance Company. If any Services or payments for any Services are subject to sales tax in any jurisdiction, you will be responsible for payment of such sales tax and any related penalties or interest. For purposes of these Terms and Conditions, “sales tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that Real Auto Body or the Auto Body Repair Shop is permitted to pass to you that is (i) the functional equivalent of a sales tax and (ii) the applicable taxing jurisdiction does not otherwise impose a sale or use tax.
In addition, for certain Services, there may be additional fees charged to You for the use of that certain Service; however such fees will be based on separate terms and conditions directly entered into by you (with either Real Auto Body and/or a third party) prior to your ability to use such Services.
NO GUARANTEE OF INSURANCE COVERAGE
Real Auto Body does not warrant or guarantee that the cost of any post-collision care provided utilizing any of our Services will be eligible to be covered by or paid for through any insurance program.
We may collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:
THIRD PARTY SERVICES; SITES
While you use the Services, you may find out about services or products provided by other companies that are not part of Real Auto Body ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding any terms and conditions governing such Third Party Services. Any such sites or content are not under our control and we are not responsible for them. We provide these links and content as a convenience only. There is no implied endorsement of, sponsorship of, or affiliation with the linked site by Real Auto Body nor does it mean that there is an approval, investigation, verification or monitoring by Real Auto Body of anything in any Third Party Site. Real Auto Body will not be responsible for the information contained in any Third-Party Site or for your use of or inability to use such web sites. We may receive information about you and your activities on and off the Services from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.
REVIEWS, COMMENTS, COMMUNICATIONS, FORUMS, AND OTHER CONTENT
Certain of our Services may allow its users to post reviews, comments, and other content; send communications; engage in chat rooms 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."
We do not control the information provided by other users that is made available through our Services. You may find another user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, service mark, copyright or other proprietary rights of any party. Real Auto Body reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
OUR WARRANTIES AND DISCLAIMERS
We provide our products and services (“Services”) using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER REAL AUTO BODY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
LIABILITY FOR OUR SERVICES
WHEN PERMITTED BY LAW, REAL AUTO BODY AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY INJURY YOU ALLEGE TO HAVE SUFFERED ARISING FROM OR RELATED TO YOUR USE OF THE COMPANY SITE AND/OR ANY SERVICES IS TO STOP USING THEM; AND, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF REAL AUTO BODY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $100 OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN.
MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these terms and conditions at any time. Any changes to our policies will be communicated through our web site at least in advance of its effective date. Information collected before changes are made will be secured according to the previous policies. 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.
These terms control the relationship between Real Auto Body and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The United States controls the export of products and information from US companies abroad across the Internet. You are responsible for compliance with all federal and local laws regarding the import, export, or re-export of the Contents of this site (all forms of intellectual property, including Software).
Sections on Release, License, Liability Limit and Indemnity shall survive any termination or expiration of this Agreement.
Updated: August 2021