Terms of Service

These Terms and Conditions form a binding agreement (referred to as the "Agreement") between you, the user, customer, or merchant ("you," "your"), and Electrobean LLC, also known as Carp Automations ("Electrobean," "us," "we," "our"). This Agreement pertains to the provision of recurring billing services, as well as any associated products or services ("Service" or "Services"). It governs the use of the Services and the associated account ("Account") assigned for the purpose of utilizing the Services.

By taking any of the following actions, you agree, without limitation or qualification, to be bound by and comply with the terms of this Agreement:

(i) Initiating or registering for the Services on the Electrobean website (carpautomations.com) or any of the Electrobean subdomains (collectively referred to as the "Site");

(ii) Using your Account and password; or

(iii) Utilizing the Site.

These actions signify your agreement to be bound by the terms outlined in this Agreement.

TERM

The term of this Agreement begins on the date we activate Services for your Account.

For Monthly subscription plans, this Agreement will continue from month to month until terminated by either party pursuant to the terms hereof.

For Annual subscription plans, this Agreement will automatically renew for one (1) year until terminated by either party pursuant to the terms hereof. To prevent renewal of the subscription, the required notice must be provided within the timeframe as specified in the ‘NOTICE OF CANCELLATION OR NON-RENEWAL’ section below.

ORDER ACCEPTANCE POLICY

By submitting your order on the Site or receiving an email confirmation, you indicate your acceptance of the order and the creation of your Account, as acknowledged by Electrobean. Electrobean reserves the right to verify orders in order to prevent fraudulent activities. In the event that Electrobean suspects a fraudulent order, even after you have received an email confirmation accepting your order and creating your Account, Electrobean may contact you via email or telephone to address the suspected fraudulent activity. At Electrobean's sole discretion, we may choose to suspend, limit, or terminate your Account without prior notice.

USE OF SERVICES & ACCOUNT

You represent and warrant that you are at least 18 years of age or the applicable age of majority in your geographic area, and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Materials, Content, Services, and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or which damages our property.

Access to certain pages on the Site, as well as the Services and your Account, may require the use of a password and login credentials. It is your sole responsibility to ensure the security of your password and to monitor all activities conducted on the Site, Services, and your Account. We recommend changing your password on a monthly basis. In the event of any unauthorized or fraudulent use of the Services or your Account, you agree to promptly notify Electrobean. We reserve the right to suspend, restrict, or terminate Services to your Account without prior notice if we suspect any fraudulent or abusive activity. Your cooperation in any fraud investigation and compliance with our prescribed fraud prevention measures is expected and appreciated.

EMAIL COMMUNICATIONS FROM ELECTROBEAN TO YOU

YOU AGREE THAT ELECTROBEAN MAY SEND EMAIL MESSAGES TO YOU FROM TIME TO TIME REGARDING PLANNED SERVICE DOWNTIME, NEW FEATURES, AND OTHER COMMUNICATIONS THAT WE BELIEVE OUR USERS WILL WANT TO KNOW ABOUT.

YOU MAY OPT OUT OF RECEIVING THESE EMAILS BY CANCELING YOUR ELECTROBEAN SERVICE.

NO WARRANTIES

THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third parties with respect to the Services (including, without limitation, by dealers or resellers of the Services) beyond those made by Electrobean, your sole remedy for such reliance is against the third party making such representation or warranty.

SERVICE AVAILABILITY

While we strive to maintain the operational status of Electrobean Services around the clock, 24 hours a day, 7 days a week, it is important to note that occasional periods of downtime may occur. Such downtime could result from scheduled maintenance and upgrades, as well as unforeseen circumstances beyond our control. We will make our best efforts to provide a minimum notice period of 24 hours for scheduled maintenance or downtime. However, there may be instances of unscheduled downtime that are beyond our control.

IT IS ESSENTIAL TO UNDERSTAND THAT WE CANNOT GUARANTEE UNINTERRUPTED UPTIME OF AVAILABILITY OF SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ELECTROBEAN, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF ELECTROBEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ELECTROBEAN ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES, AND ACCOUNT.

IN NO EVENT SHALL ELECTROBEAN, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ELECTROBEAN SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND ELECTROBEAN AGREE THAT IN NO EVENT SHALL LIABILITY OF ELECTROBEAN TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.

YOU AND ELECTROBEAN AGREE THAT THIS SECTION OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ELECTROBEAN. YOU ACKNOWLEDGE THAT, IN THE ABSENCE OF YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ELECTROBEAN WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.

MODIFICATION OF PRICES OR BILLING TERMS

Electrobean reserves the right, at any time, to change its prices and billing methods for the Service, effective immediately upon posting to the Site or by email delivery to you.

INTELLECTUAL PROPERTY OWNERSHIP

All Materials, Services, Accounts, and content, including, but not limited to, policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Services (“Content”), are provided by Electrobean unless indicated otherwise. All intellectual property rights in the Materials, Content, Services, and Accounts (including copyrights, trademarks, service marks, trade secrets and patents) are the property of Electrobean. Electrobean retains all copyrights in the individual pages, and their components, and collective works available at the Site.

The Materials, Content, Services and Accounts are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without Electrobean’s prior written permission.

Trademarks and copyrights, including the words “Electrobean”, “Carp Automations,” the Electrobean logo, and the Carp Automations logo are the property of Electrobean. All other names and trademarks are the property of their respective holders.

SINGLE COPY (INSTANCE) LICENSE

You may utilize one copy (one “instance”) of the materials (the “Materials”) and/or Content found on this Site for use with the Services and/or Accounts. This is a license, not a transfer of title, and is subject to the following restrictions: unless you receive prior written consent from Electrobean and unless you receive any required regulatory approvals, you may not: (a) modify the Materials, Content, Services or Accounts or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials, Content, Services or Accounts; (c) remove any copyright or other proprietary notices from the Materials, Content, Services or Accounts; (d) unless otherwise provided herein, transfer or resell the Materials, Content, Services or your Account to another person. You agree to prevent any unauthorized copying of the Materials, Content, Services and Accounts.

ELECTROBEAN RELIANCE ON THIRD-PARTY SYSTEMS

Electrobean will be sending requests to and from third-parties. We make no guarantees as to the availability of any third-parties and we are in no way responsible should third-parties have an outage, downtime, or erroneous operation of their systems.

Electrobean is not a payment processor, merchant account provider, or payment gateway service. We are not responsible for any monies due to you related to transactions that have been processed through your payment gateway, merchant account provider, or any payment processors that you utilize in connection with the Electrobean Services.

NOTICE OF CANCELLATION OR NON-RENEWAL

Your subscription will automatically renew according to the “TERM” section above.

You may terminate this Agreement at any time by ceasing all use of the Services or by notifying Electrobean of your desire to cancel your Service. We may terminate this Agreement, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relieve you of any obligation to pay any accrued charges.

All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

For Monthly subscription plans, you shall be charged the full amount of the fee for the month in which the Services were terminated. There is no pro-rated refund or discount provided when an account is terminated.

For Annual subscription plans, you will still be charged the full amount of the fee as agreed in your Order. We do not provide refunds if you decide to stop using Carp Automations during your subscription term. 

Unless otherwise specified in your Order, to prevent renewal of an Annual subscription plan, you or we must give written notice of non-renewal and this written notice must be received no later than forty-five (45) days before the next renewal period begins.

To prevent continuation of the Subscription Term of a Free Subscription, email help@carpautomations.com.

PRIVACY

Please see our Privacy Policy as set forth on the Site (carpautomations.com).

COOPERATION WITH GOVERNMENT AUTHORITIES

If necessary and in accordance with applicable law, Electrobean will cooperate with local, state, federal, international, and/or worldwide government authorities to protect this Site, Materials, Content, Services, Accounts, visitors, customers, Electrobean, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site, Materials, Content, Services and Accounts.

LINKS TO OTHER MATERIALS

The linked sites are not necessarily under the control of Electrobean and Electrobean is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Electrobean reserves the right to terminate any link or linking program at any time. Electrobean has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Electrobean shall not be responsible for notification of any change in name or location of any information on the Site.

MODIFICATION

We reserve the right to change or modify this Agreement periodically. However, please note that any changes made will be done in good faith. In the event of significant changes, as determined solely by Electrobean, we will provide you with prior notice of such changes. You can always access the most up-to-date version of this Agreement on our Site (Carpautomations.com). If you do not agree to a significant change, you have the option to terminate this Agreement by discontinuing the use of the Services and/or requesting the termination of your Services.

ASSIGNMENT

We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of Electrobean to a third party without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ELECTROBEAN, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE GROSSLY NEGLIGENT ACTS OF ELECTROBEAN OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

NOTICES

Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first-class mail, postage pre-paid, or sent by facsimile or electronic mail, addressed, (a) if to you, at the address as kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us, at:

Electrobean LLC

Attn: Customer Support Department 

37445 Chestnut Ridge Road 

Elyria, Ohio, 44035

Your notice must specify your name and Account. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile or email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.

GOVERNING LAW

These Terms of Use and the relationship between you and Electrobean are governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and Electrobean shall submit to the personal and exclusive jurisdiction of the courts located within the county of Lorain, Ohio. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after that claim or cause of action arose or be forever barred.

GENERAL INFORMATION, PUBLICITY, ENTIRE AGREEMENT

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.

You hereby consent to Electrobean publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of promotional and marketing activities from time to time by Electrobean.

This Agreement constitutes the entire agreement between Electrobean and you with respect to your use of the Electrobean Site, Materials, Content, Services, and your Account, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Electrobean and you with respect thereto.

The failure of Electrobean to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.