Ownership and Use of Website:
The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website ("Auto Integrate Content"), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Auto Integrate and various third party owners. You agree to abide by all applicable intellectual property laws and any additional restrictions set forth on the Website in relation to Auto Integrate Content. By using the Website, you represent that you are at least 18 years old. If you are under 18, do not use the Website. Auto Integrate does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of 18 through the Website. Except as specifically permitted herein, you may not store, modify, reproduce, transmit or distribute content from the Website without the prior written consent of Auto Integrate. Auto Integrate may change or restrict your use of the Website and/or make changes to the products and services described on the Website at any time without notice. You also agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Auto Integrate, its affiliates or service providers, or interfere with any other party's use of the Website. You may not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means. Certain third party owners contributing to the Auto Integrate Content may impose additional terms and conditions set forth elsewhere herein. Your use of Auto Integrate Content from those third party owners is also subject to those terms and conditions (which may include, without limitation, payment of applicable third party license fees). Under certain circumstances, you will be required to separately license and pay for certain third party items as a condition to using the Auto Integrate Content. Any and all caching, hypertext linking to the Website or framing of any Auto Integrate Content is prohibited without Auto Integrate's prior written consent. Auto Integrate reserves the right to disable any unauthorized links or frames. Auto Integrate is not responsible for providing telecommunication services, internet access, or hardware and communications equipment necessary to obtain access to the Website.
Limited License; Permitted Uses:
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) if you are a visitor to the Website, to use the Website solely for informational purposes; and (c) if you are a Registered User or a Registered Service Provider, to access and use the Website solely as required to conduct the business transactions contemplated herein; and (d) in the case of all users, to print out discrete portions of Auto Integrate Content from the Website solely for informational purposes and to effectuate the permitted transactions, provided that you maintain all copyright notices and comply with other policies contained therein. When using the Website, you must at all times comply with all applicable laws and regulations.
Information Contained on Website:
The information contained on the public portions of the Website is for general informational purposes only. The information on the restricted access portions of the Website is provided for the purpose of permitting Auto Integrate to effectuate transactions between the Registered Users and the Registered Service Providers, as applicable. Information posted on the Website is from a variety of different sources. Accordingly Auto Integrate makes no warranties or representations relating to the information contained on the Website, and disclaims all liability for errors or omissions in the information presented. Auto Integrate is not responsible for any claims arising from such information contained on the Website, including without limitation claims for any infringement, violation of privacy, defamation, libel or other causes of action.
If a Registered User/Registered Service Provider and Fleet Customers perform transactions on the Website, Auto Integrate shall not be a party to any such transactions. Transactions shall be subject to such conditions as the Registered User/Registered Service Provider and Fleet Customers specify in relation to those products or services, and Auto Integrate makes no representations or warranties whatsoever to either Registered User/Registered Service Provider or to Fleet Customers with respect to the transactions. Auto Integrate does not monitor the content on the Registered User/Registered Service Provider website or the terms and conditions of Registered User/Registered Service Provider agreements with Fleet Customers. Auto Integrate shall not be liable, whether in contract, tort or otherwise, for any loss or damage insofar as the loss or damage occurs or is caused by: (i) any incorrect use by Registered User/Registered Service Provider or its employees, contractors or agents, of the Website, or arising from operator error; (ii) any action, omission, default or error by or on behalf of the Registered User/Registered Service Provider; (iii) any faults or defect in or acts or omissions of any provider of the internet or national or other telecommunications; or (iv) any transaction between Registered User/Registered Service Provider and the Fleet Customer on the Website. Auto Integrate shall not be liable for delays or nonperformance of the Website due to reasons outside the reasonable control of Auto Integrate.
Disclaimer of Warranties:
THE WEBSITE, THE WEBSITE CONTENT AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. AUTO INTEGRATE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, WEBSITE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Limitation of Liability:
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL AUTO INTEGRATE OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, AUTO INTEGRATE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY AUTO INTEGRATE CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE WEBSITE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusion of Consequential Damages:
IN NO EVENT SHALL AUTO INTEGRATE OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, AUTO INTEGRATE CONTENT OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF AUTO INTEGRATE AND ITS THIRD PARTY PROVIDERS UNDER THIS TOU, ANY MATTER RELATING TO THIS TOU OR WITH RESPECT TO THE WEBSITE OR ARISING FROM ANY TRANSACTIONS OCCURRING ON THE WEBSITE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED IN THE AGGREGATE $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
You agree to indemnify and hold harmless Auto Integrate and its affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content or Submission you submit, transmit or otherwise make available, your use of the Website or Auto Integrate Content (including, without limitation, with respect to transactions performed on the Website), your violation of the TOU, or your violation of any rights of another party.
The name AUTO INTEGRATE constitutes the valuable intellectual property of Auto Integrate. Unauthorized use of trademarks, service marks or logos owned by Auto Integrate is strictly prohibited and may also be a violation of federal and state trademark laws.
The Website is protected by U.S. copyright laws. Except as expressly provided under "Use of Website" section above, you may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or Auto Integrate Content without the prior written consent of Auto Integrate.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the Website can be reached by directing e-mail to the Copyright Agent at email@example.com, or by letter sent postage prepaid to Auto Integrate, 1000 Lakeside, North Harbour, Portsmouth, England, P06 3EN United Kingdom, Attention: Copyright Agent.
The TOU shall be governed in all respects by the laws of the State of Delaware, USA, without reference to its choice of law rules. By accessing the Website you understand and agree that all transactions, including postings to the Website, take place in Delaware and agree that the federal and state courts located in Wilmington, Delaware have exclusive jurisdiction over any disputes with Auto Integrate arising from or related to your use of the Website or any of the products, services or Auto Integrate Content or User Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of that court, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or the TOU (other than a violation of Auto Integrate's intellectual property rights hereunder) must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Third Party Links:
The Website may contain links to third party websites. Auto Integrate makes no representation regarding the content or accuracy of any website that you may access through the Website. Auto Integrate does not monitor and is not responsible for the content found on other websites that are linked from the Website. Auto Integrate does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the site, and Auto Integrate shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of Auto Integrate.
Third Party Services:
We may allow access to certain third-party product or service providers("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. Security: Auto Integrate does not make warranties or representations regarding the security of the Website, Auto Integrate Content or User Content. Data sent over the Internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the Internet.
User ID and Password:
If you are a Registered User or a Registered Service Provider, you are required to have a user ID and password to access the Website. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. Auto Integrate prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify Auto Integrate of any unauthorized use of your user ID or password or any other breach of security.
Linking to the Website:
You may not link to the Website prior to obtaining written permission from Auto Integrate, which may be withheld in Auto Integrate's sole discretion.
The Website contains information about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Your Registration Obligations:
By being a Registered User or registering as a Registered Service Provider on the Website, you represent that you are authorized to bind the company you represent to the terms and conditions contained herein, and that you are not a person barred from receiving products or services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Auto Integrate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Auto Integrate has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). When you register on the Website, you acknowledge that entering your Registration Data may result in interstate data transmissions.
Special Admonitions For International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
General Practices Regarding Use And Storage:
You agree that Auto Integrate has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content. You acknowledge that Auto Integrate reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Auto Integrate reserves the right to modify these general practices and limits from time to time.
You agree that Auto Integrate may, in its discretion, and without prior notice, immediately terminate your Website account, any associated email address, and access to the Website.
No Third Party Beneficiaries:
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
The failure of Auto Integrate to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Provisions of this TOU intending to survive shall survive termination or expiration of this TOU in accordance with their terms.
The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.
Violation of TOU:
Entire Agreement; Severability:
Contacting Auto Integrate:
If you have Website questions, comments, or concerns, please email us at firstname.lastname@example.org. Please include details of your questions, comments or concerns and your complete name and contact information.
Additional Terms and Conditions Applicable to Registered Service Provider:
As a Registered Service Provider, I agree to comply with the then-current terms and conditions of the Auto Integrate program guidelines (the "Program Guidelines") with respect to conducting transactions on the Website. I understand that Auto Integrate is not guaranteeing that I will receive jobs by virtue of being a Registered Service Provider, and that Auto Integrate can terminate my status as a Registered Service Provider at any time upon notice to me.
Registered Service Provider agrees to hold in trust and safeguard the Confidential Information (as defined below) and shall not, without the prior express written consent of Auto Integrate, either: (a) use such Confidential Information to the detriment of Auto Integrate or the Fleet Customers or to the competitive advantage of competitors of Auto Integrate or the Fleet Customers; (b) disclose the Confidential Information to any other person, firm, corporation, association, organization or entity for any reason or purpose whatsoever. Upon the request of Auto Integrate, Registered Service Provider shall promptly return to Auto Integrate all Confidential Information in Registered Service Provider's possession. "Confidential Information" shall include the Auto Integrate Content, Auto Integrate's software, documentation, methods, know-how, processes, and all information relating to the Fleet Customers who receive services from Registered Service Provider hereunder. Confidential Information may be disclosed in writing, orally, visually, or in any other medium. A "writing" shall include an electronic transfer of information by email, over the Internet or otherwise. Registered Service Provider agrees that nothing contained herein grants or confers any ownership rights in or license to any Confidential Information.