WHEN YOU VISIT THE SITE OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND AUTOALERT’S PRIVACY NOTICE (THE “PRIVACY NOTICE”). BY USING THE SERVICE, YOU AGREE THAT THESE TERMS AND THE PRIVACY NOTICE GOVERN YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY NOTICE, YOU ARE NOT PERMITTED TO ACCESS THE SITE OR USE THE SERVICE.
THESE TERMS ARE EFFECTIVE AS OF NOVEMBER 3, 2016. WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE, SERVICE AND/OR THESE TERMS AT ANY TIME, WITHOUT NOTICE. ANY MODIFICATIONS MADE WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED TERMS ON THIS SITE. BY CONTINUING TO ACCESS THE SITE OR USE THE SERVICE AFTER ANY CHANGES ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES. YOU AGREE TO REVIEW THE POSTED TERMS EACH TIME YOU ACCESS THE SITE OR USE THE SERVICE SO THAT YOU ARE AWARE OF ANY MODIFICATIONS MADE TO THESE TERMS.
1. Ownership of Intellectual Property
The AutoAlert name and logo, and other marks displayed on or through the Service, or used as part of the Service, are the proprietary service marks or trademarks of AutoAlert or third parties. AutoAlert’s trademarks may not be used in connection with any product or service that is not AutoAlert’s without AutoAlert’s express prior written consent. All other trademarks not owned by AutoAlert that appear as part of the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, AutoAlert.
All content on and comprising the Service, including, but not limited to, the trademarks, service marks, names, logos, content, data, illustrations, graphics, images, photos, documents, works of authorship, or other information, services or materials appearing or available on or through the Service (collectively, “Service Content”); any improvements or modifications to the Service Content; any derivative works of any of the foregoing; and the collection, arrangement, and assembly of all Service Content on or accessed through the Service are the property of AutoAlert or its respective licensors, and are protected by all applicable intellectual property laws.
You may not use, reproduce, perform, display, publish, adapt, modify, broadcast, transmit, distribute, exhibit, disseminate, license or sell any of the Service Content, or any other proprietary interests of AutoAlert, in whole or in part, except as expressly permitted by these Terms. Nothing in these Terms shall grant to you or to any other user any license or right in or to any copyright, trademark, trade secret, patent or other proprietary right of AutoAlert or any other person.
2. License to the Service and Service Content
Subject to the terms and conditions hereof, AutoAlert hereby grants you a non-exclusive, revocable, limited, non-transferable license to access and make use of the Service, and view, download, copy and print the Service Content (other than any software and other operational code), solely for your own personal, non-commercial use; provided, that (x) neither the Service Content nor any indicia, notices, content, disclaimers or other terms therein are altered or removed; and (y) any information provided to or through the Service by third parties is used solely for the purpose permitted in this paragraph. Under no circumstance shall title to any Service Content be transferred to you by the function of this license.
You agree not to submit or transmit to or via the Service any information that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene, or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse, or any other contaminating or destructive feature; or (v) otherwise violates any applicable law, rule or regulation. AutoAlert reserves the right to remove any material alleged to be violating any of the foregoing pending further investigation.
You agree that you will not (i) interfere, in any way, with others’ use of or access to the Service; (ii) develop, invoke or utilize any code or other method to disrupt, diminish the quality of, interfere with the performance of, impair the functionality of, or attempt to reverse engineer the Service (or any part thereof) or circumvent any security features thereof; or (iii) attempt to gain unauthorized access to the content or computer system of any other site or of any Service user, or any portion of the Service for which you do not have authorization. You further agree (x) not to use any software, program, code, algorithm, method, data or data compilation owned by AutoAlert except as may be implemented in the Service, as applicable; and (y) to fully comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to authorize or encourage any third party to use the Service to facilitate or engage in any of the prohibited conduct described in these Terms. You also agree to immediately notify AutoAlert in the event of an actual or threatened claim that you have violated any of the terms, conditions, limitations, covenants or agreements contained in these Terms.
You agree to access the Site through a standard Web browser, and you specifically agree not to use any third-party applications to access the Service or any page of the Site. You further agree that you will not use any robot, spider, or other automatic device, manual process, or application or data mining or extraction tool to access, monitor, copy, or use the Service. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site or Service.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Service or any portion thereof or any information or content on the Site or Service without the prior written consent of AutoAlert. In addition, you agree not to link to any page of the Site other than the Site’s home page.
3. Term; Termination; Modification or Discontinuance of the Site and/or Service
These Terms will remain in effect until terminated in accordance with this Section 3.
AutoAlert may immediately suspend or terminate the license and/or your right and ability to access and use the Service at any time for your breach or suspected breach of these Terms. Additionally, AutoAlert may suspend or terminate the license and/or your right and ability to access and use the Service at any time, in its sole discretion, with 30 days written notice via email or U.S. mail. Upon termination, you will immediately destroy any materials, content or other information (including, without limitation, Service Content) that you obtained from the Service, if any, and cease all use of the Service.
AutoAlert reserves the right, in its sole discretion, to discontinue or modify the Service at any time, without cause. In the event of any material modifications to the Service, AutoAlert will post a notice on the Site in advance of implementing such changes and during the modification period, your access to the Service and the information, content, services and materials on the Service may be limited or unavailable on a temporary basis.
Any provisions of these Terms which by their nature should survive the expiration or termination of your right to access and use the Service shall survive the expiration or termination for any reason whatsoever. AutoAlert shall in no way be liable to you or any third party for any consequence which results from AutoAlert’s decision to modify, suspend or discontinue the Service.
4. Unauthorized Use of the Site or Service
AutoAlert further reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Service, including, but not limited to: unauthorized access to the Service through a third-party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Service; any other action that imposes an unreasonable load on the Service; any link to any page of the Site other than the home page; any sharing of access to the Service with another individual or entity; or any unauthorized distribution of Service Content. AutoAlert’s decision not to pursue legal action for any violation of these Terms shall not be construed as a waiver or modification of these Terms, the Privacy Notice, or of AutoAlert’s legal rights and remedies, all of which are expressly reserved.
5. Access Method; Qualification for Use and Access to the Service
You acknowledge that you are fully responsible for all activities that occur through the personalized link to the Site that AutoAlert sends you (“Access Method”), whether or not you authorize such use. You agree not to access or attempt to access any portions of the Service through any means other than by using your authorized Access Method. You further agree not to share your Access Method with any other person or entity.
AutoAlert does not knowingly collect information from anyone under the age of thirteen (13). If you are under the age of thirteen (13), you must not use the Service. By using the Service, you represent and warrant that you are either at least eighteen (18) years of age, or between the ages of thirteen (13) and eighteen (18) and have obtained the verifiable consent of a parent or legal guardian, and that you agree to abide by all of the terms and conditions of these Terms. Use of the Service is void where prohibited.
6. Third Party Sites
IN NO EVENT WILL AUTOALERT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE, OR THE PRIVACY PRACTICES OF ANY LINKED SITE.
7. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND/OR ANY SERVICE CONTENT IS AT YOUR OWN RISK AND THAT THE SERVICE AND ALL SERVICE CONTENT IS PROVIDED BY AUTOALERT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUTOALERT MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE AVAILABILITY, OPERATION, AND USE OF THE SERVICE AND THE SERVICE CONTENT, AS APPLICABLE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, AUTOALERT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SERVICE CONTENT IS ACCURATE, COMPLETE, OR CURRENT, AND AUTOALERT IS NOT RESPONSIBLE FOR ANY ERRORS, INACCURACIES, DEFECTS, UNTIMELINESS, SECURITY BREACHES OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SERVICE OR SERVICE CONTENT. AUTOALERT UNDERTAKES NO OBLIGATION TO UPDATE ANY INFORMATION OR OTHER SERVICE CONTENT CONTAINED ON THE SERVICE. FURTHER, AUTOALERT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR SERVICE CONTENT WILL BE AVAILABLE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES, DEFECTS, BUGS OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
IN NO EVENT SHALL AUTOALERT OR ITS CURRENT OR FUTURE PARENTS, SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS OR REPRESENTATIVES (COLLECTIVELY, THE “AUTOALERT PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE SERVICE OR ANY SERVICE CONTENT AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IF, NOTWITHSTANDING THE OTHER TERMS HEREIN, AUTOALERT SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE SERVICE OR ANY SERVICE CONTENT AVAILABLE THEREON, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $10. YOU AND AUTOALERT AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND AUTOALERT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, AUTOALERT WOULD NOT PROVIDE ACCESS TO THE SERVICE TO YOU.
CERTAIN LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, AUTOALERT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold the AutoAlert Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees, disbursements, and court costs, including any incurred in enforcement of this indemnity) arising from, incurred as a result of, in connection with, or in any manner related to (i) use of the Service or any Service Content contained, displayed, or available thereon by you or any other person accessing the Service through your Access Method; (ii) your violation or breach of these Terms; and/or (iii) your violation of any third party’s rights.
10. Copyright Infringement
If you believe that any Service Content or other materials available on or through the Service violates your or a third party’s copyright, you may submit a notification by following the procedure outlined in the Digital Millennium Copyright Act, which requires that you notify AutoAlert’s designated copyright agent by email at Rod.Miller@autoalert.com, or by mail at 9050 Irvine Center Drive Irvine, CA 92618, with the following information:
- Your electronic or physical signature;
- Sufficient information to identify the copyrighted work that you claim has been infringed;
- A description of the infringing content and the location on the Service of such infringing content;
- Your name, address, telephone number and/or email address so that we may contact you;
- The following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright or trademark owner, its agent or the law”; and
- The following statement: “I swear, under penalty of perjury, that the above information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed.”
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
11. Denial of Access
If you violate, or are reasonably suspected by AutoAlert of violating, these Terms in any way, AutoAlert may prohibit you from using or accessing the Service, in whole or in part, at any time, in its sole discretion, without notice to you. These actions are in addition to, and not in lieu or limitation of, any other right or remedy AutoAlert may have available at law or in equity. Further, AutoAlert shall not be liable to you or any third party for any such suspension or termination.
12. Force Majeure
WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS, AUTOALERT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS IF THE DELAY OR FAILURE ARISES OUT OF OR RESULTS FROM ANY CAUSE BEYOND AUTOALERT’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, EARTHQUAKE, FIRE, FLOOD, STORMS, WAR, LABOR DISPUTES, INTERRUPTIONS, LOSS OR MALFUNCTIONS OF UTILITIES, COMPUTERS OR COMMUNICATIONS SERVICES, ACCIDENTS, ACTS OF CIVIL OR MILITARY AUTHORITY OR GOVERNMENTAL ACTIONS, OR ACTS OF TERRORISM.
13. Governing Law; Dispute Resolutions
These Terms, the Privacy Notice and your access to and use of the Service is governed by the laws in effect in the State of California, without giving effect to its conflicts of law provisions. By using the Service, you waive any claims that may arise under the laws of other jurisdictions.
With respect to any and all disputes arising out of or in connection with the Service, these Terms, or the Privacy Notice, you and AutoAlert agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and AutoAlert do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Orange County, California, and will be subject to the disclaimers and limitations set forth in Sections 7 and 8 of these Terms.
THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that AutoAlert may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California, necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute arising out of or in connection with the Service, these Terms, or the Privacy Notice, must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn’t filed within one year, it’s permanently barred.
You agree that, where AutoAlert may be required to provide you with notice under these Terms, acceptable and sufficient forms of notice include, but are not necessarily limited to, the following:
(1) e-mail to the most recent e-mail address that you have provided to AutoAlert, regardless of the current status of that e-mail address; or
(2) written communication delivered by first class U.S. mail to the most recent physical address that you have provided to AutoAlert, regardless of the current status of that address; or
(3) posting of general notice on the Site; or
(4) such other method of communication as you specifically request in writing that AutoAlert use.
AutoAlert shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice. You accept sole responsibility for providing us with notice of changes to your physical address and/or your e-mail address.
Except as otherwise set forth above, you may give notice to AutoAlert at any time via electronic mail to firstname.lastname@example.org, or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
9050 Irvine Center Dr.
Irvine, CA 92618
15. Your California Privacy Rights
Under California law, if you are a resident of California, you are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes. In response to your written request, we will identify the categories of information shared, if any, and will include a list of the third parties and affiliates with which it was shared, as well as their addresses. If you want to submit such a written request, please submit it by email to email@example.com or by U.S. mail at the address set forth below.
The headings of articles and sections contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
17. Assignability; Waiver; Invalidity
You may not assign or otherwise transfer these Terms or any rights or obligations hereunder. AutoAlert’s failure to act on any breach of any provision hereof shall not be construed as a modification or waiver of the enforcement of any provision unless AutoAlert agrees to such waiver in writing. If any provision of these Terms shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance, the provision(s) in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision(s) contained herein thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
18. Entire Agreement
These Terms, together with AutoAlert’s Privacy Notice, set forth the entire understanding between you and AutoAlert with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, oral or written, between you and AutoAlert with respect to such subject matter.