Terms & Conditions
AutoMD.com terms of use
Thank you for using the AutoMD website. We are committed to providing quality services to the general driving public. Please review the following terms of conditions for use of the AutoMD website. Please direct all questions about the following Terms and Conditions to info@automd.com or call (408) 224-2005.
1. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
AutoMD may provide links to third-party web sites. AutoMD also may select certain sites as priority responses to search terms you enter and AutoMD may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. AutoMD does not recommend and does not endorse the content on any third-party websites. AutoMD is not responsible for the content of linked third-party sites, sites framed within the AutoMD Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. AutoMD does not endorse any product advertised on the AutoMD Site.
2. INDEMNITY.
You agree to defend, indemnify, and hold AutoMD, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
3. JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with AutoMD, or in any way relating to your use of the AutoMD Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving AutoMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
4. CHAT, POSTINGS, AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS").
If you use a Public Area, such as a chat room, bulletin board or community Mechanics Corner posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. AutoMD and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AutoMD in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of AtuoMD, exposes AutoMD or any of its customers or suppliers to any liability or detriment of any type.
AutoMD reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the AutoMD Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the AutoMD Site, regardless of whether such communication(s) violate these standards.
AutoMD or its licensors have no liability or responsibility to users of the AutoMD Site or any other person or entity for performance or nonperformance of the aforementioned activities
5. LIABILITY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER AUTOMD.COM, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. ALL CONTENT PROVIDED ON THIS WEBSITE (OTHER THAN THESE TERMS AND CONDITIONS) IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN AUTOMD AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AUTOMD AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. AUTOMD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AUTOMD AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AUTOMD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AUTOMD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
AUTOMD.COM, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF AUTOMD.COM, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
NO UNLAWFUL OR PROHIBITED USE
6. “AS-IS”
THE SITE, ITS CONTENT, AND ANY MERCHANDISE CONTAINED THEREIN ARE PRESENTED "AS IS." NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY THE COMPANY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OFFICERS. TO THE FULL EXTENT PERMISSIBLE BY FEDERAL, STATE AND LOCAL LAW, THE COMPANY DISCLAIMS ALL WARRANTIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF THIS SITE.
AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU WARRANTE TO AUTOMD THAT YOU WILL NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.
7. SPECIFIC SERVICE TERMS AND CONDITIONS
a. Virtual Automotive Diagnostic (“VAD”)
Information provided by AutoMD VAD is provided by AutoMD for use by the general public for automotive service, maintenance, and repair. You are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the information provided by VAD, in whole or in part, in any medium whatsoever.
Information provided by AutoMD VAD is provided on an "AS-IS" basis. AutoMD disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, AutoMD does not warrant or represent that the Information provided by AutoMD VAD or any part thereof is accurate or complete. AutoMD shall in no event be liable to you or to anyone else for any decision made or action taken by you in reliance on information provided in the Information provided by AutoMD VAD.
b. Drip ID
Information provided by AutoMD DripID is provided by AutoMD for use by the general public for automotive service, maintenance, and repair. You are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the information provided by Drip ID, in whole or in part, in any medium whatsoever.
Information provided by AutoMD DripID is provided on an "AS-IS" basis. AutoMD disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, AutoMD does not warrant or represent that the Information provided by AutoMD Drip ID or any part thereof is accurate or complete. AutoMD shall in no event be liable to you or to anyone else for any decision made or action taken by you in reliance on information provided in the Information provided by AutoMD Drip ID.
c. Mechanics Corner
Information provided by AutoMD Mechanics corner is provided by AutoMD for use by the general public for automotive service, maintenance, and repair. You are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the information provided by Mechanics Corner, in whole or in part, in any medium whatsoever.
Information provided by AutoMD Mechanics corner is provided on an "AS-IS" basis. AutoMD disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, Auto MD does not warrant or represent that the Information provided by AutoMD Mechanics corner or any part thereof is accurate or complete. AutoMD shall in no event be liable to you or to anyone else for any decision made or action taken by you in reliance on information provided in the Information provided by AutoMD Mechanics corner.
d. Mechanics Directory
AutoMD 'Mechanics Directory' is provided by AutoMD for use by the general public as a quick reference of information about automotive repair. The Mechanics Directory is not intended as a tool for verifying the credentials, qualifications, or abilities of any mechanic contained therein. Inclusion in the Mechanics Directory does not imply recommendation or endorsement nor does omission in the Mechanics Directory imply AutoMD disapproval. You are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the Mechanics Directory or any of the data listings or other information contained therein, in whole or in part, in any medium whatsoever.
Mechanics Directory is provided on an "AS-IS" basis. AutoMD disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, Auto MD does not warrant or represent that the Mechanics Directory or any part thereof is accurate or complete. You assume full responsibility for your communications with any mechanic you contact through the Mechanic Directory. AutoMD shall in no event be liable to you or to anyone else for any decision made or action taken by you in reliance on information provided in the Mechanics Directory.
e. Autorizer
AutoMD 'Autorizer' is provided by AutoMD for use by the general public as a quick reference of information about after market automotive parts. The Autorizer is not intended as a tool for verifying the price, quality, or description of any after market automotive part(s) contained therein. Inclusion in the Autorizer does not imply recommendation or endorsement nor does omission in the Autorizer imply AutoMD disapproval. You are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the Autorizer or any of the data listings or other information contained therein, in whole or in part, in any medium whatsoever.
Autorizer is provided on an "AS-IS" basis. AutoMD disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, Auto MD does not warrant or represent that the Autorizer or any part thereof is accurate or complete. You assume full responsibility for your communications with any mechanic you contact through the Autorizer. AutoMD shall in no event be liable to you or to anyone else for any decision made or action taken by you in reliance on information provided in the Autorizer.
f. Auto Accessorizer
AutoMD 'Auto Accessorizer’ is provided by AutoMD for use by the general public as a quick reference of information about automotive aftermarket parts. The 'Auto Accessorizer’ is not intended as a tool for verifying the price, quality, or description of any automotive aftermarket part contained therein. Inclusion in the 'Auto Accessorizer’ Directory does not imply recommendation or endorsement nor does omission in the 'Auto Accessorizer’ imply AutoMD disapproval. You are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the 'Auto Accessorizer’ or any of the data listings or other information contained therein, in whole or in part, in any medium whatsoever.
'Auto Accessorizer’ is provided on an "AS-IS" basis. AutoMD disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, Auto MD does not warrant or represent that the 'Auto Accessorizer’ or any part thereof is accurate or complete. You assume full responsibility for your communications with any automotive aftermarket part seller you contact through the 'Auto Accessorizer’. AutoMD shall in no event be liable to you or to anyone else for any decision made or action taken by you in reliance on information provided in the 'Auto Accessorizer’.
g. Parts Pricer
This AutoMD ‘Parts Pricer’ is provided by AutoMD for use by the general public as a quick reference of information about automotive aftermarket parts. The ‘Parts Pricer’ is not intended as a tool for verifying the price, quality, description, or service hours of any automotive parts and/or estimate of service hours and/or installation hours contained therein. Inclusion in the ‘Parts Pricer’ Directory does not imply recommendation or endorsement nor does omission in the 'Auto ‘Parts Pricer’ imply AutoMD disapproval. You are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the ‘Parts Pricer’ or any of the data listings or other information contained therein, in whole or in part, in any medium whatsoever.
The ‘Parts Pricer’ is provided on an "AS-IS" basis. AutoMD disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, Auto MD does not warrant or represent that the ‘Parts Pricer’ or any part thereof is accurate or complete. You assume full responsibility for your communications with any automotive mechanic and or aftermarket part seller you contact through the ‘Parts Pricer’. AutoMD shall in no event be liable to you or to anyone else for any decision made or action taken by you in reliance on information provided in the ‘Parts Pricer’.
8. COUPONS OFFERED BY THIRD PARTY AFFILIATES
AutoMD does not verify the pricing and discount information contained in coupons offered by our third part affiliates or any coupons otherwise listed on the AutoMD website. The third party affiliate that offers the coupon is solely responsible for the pricing and discount information listed. Prices and discounts are subject to change without notice. For questions, please contact the third party affiliate that posted the coupon.
9. COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the AutoMD Site, these Terms and Conditions and the AutoMD Privacy Policy and Agreement constitute the entire agreement between you and AutoMD with respect to the use of the AutoMD Site, and Content.
10. CHANGES TO THE TERMS AND CONDITIONS
AutoMD reserves the right to change these Terms and Conditions without prior notice.