Effective Date: May 28, 2015
YOU ACCEPT THE TERMS BY EITHER CLICKING TO ACCEPT OR AGREE TO THE TERMS OR BY ACTUALLY USING THIS AUTOMD.COM WEB SITE OR THE SERVICES. IN THIS CASE, YOU UNDERSTAND AND AGREE THAT AUTOMD.COM WILL TREAT YOUR USE OF THE AUTOMD.COM WEB SITE OR THE SERVICES AS ACCEPTANCE OF THE TERMS FROM THAT POINT ONWARDS.
YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AUTOMD.COM, OR (B) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SERVICES.
If you have any question regarding the use of the Services, please direct any inquires to AutoMD.com via e-mail to: [email protected] .
Before you continue, you should print or save a local copy of these Terms for your records.
1. Your relationship with AutoMD.com
1.1 Your use of the Services is subject to the terms of this legal agreement (“Terms” or “Agreement”) between you and AutoMD.com. “AutoMD.com” means AutoMD,Inc., whose principal business is conducted on the internet at http://www.AutoMD.com (and/or such other URL as AutoMD.com may provide from time to time) and whose principal place of business is located at 16941 Keegan Avenue, Carson, CA 90746, United States.
1.2 Unless otherwise agreed in writing with AutoMD.com, your agreement with AutoMD.com will always include, at a minimum, the terms and conditions set out in this Agreement.
1.3 If there is any contradiction between what this Agreement says and what any other agreement, terms of service, content, or Services say, then this Agreement shall take precedence in relation to that Service.
2. Accepting this Agreement
2.1 In order to use the Services, you must first agree to this Agreement. You may not use the Services if you do not accept this Agreement.
2.2 You accept this Agreement by:
(A) clicking to accept or agree to this Agreement, where this option is made available to you by AutoMD.com in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that AutoMD.com will treat your use of the Services as acceptance of this Agreement from that point onwards.
2.3 You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with AutoMD.com, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print or save a local copy of this Agreement for your records.
3. Provision of the Services by AutoMD.com
3.1 AutoMD.com may have subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of AutoMD.com itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
3.2 AutoMD.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which AutoMD.com provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that AutoMD.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at AutoMD.com’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform AutoMD.com when you stop using the Services.
3.4 You acknowledge and agree that if AutoMD.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
3.5 You acknowledge and agree that while AutoMD.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by AutoMD.com at any time, at AutoMD.com’s discretion.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as name, address, password, e-mail address, identification, and/or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to AutoMD.com will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by AutoMD.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that AutoMD.com has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which AutoMD.com may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to AutoMD.com for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify AutoMD.com immediately at [email protected] .
6. Privacy and your personal information
6.2 You agree to the use of your data in accordance with AutoMD.com’s privacy policies.
6.3 THIS AUTOMD.COM SITE DOES NOT PUBLISH CONTENT THAT IS TARGETED TO CHILDREN
6.4 If you are under age 13, please do not attempt to use the Services or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.
6.5 We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
7. Content in the Services
7.1 You understand that all information (including without limitation, data files, written text, computer software, graphics, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 You understand that the Services include areas on the AutoMD.com Web site in which users may post Content, including without limitation customer and repair shop ratings and suggestions, ideas, feedback, reviews, messages, questions and answers, guides, comments, data, text, photos, graphics, hyperlinks to third-party Web sites or other materials (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the AutoMD.com Web site ("Interactive Areas"). You are solely responsible for your use of such Content, User Content, and Interactive Areas and use them at your own risk.
7.3 You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the AutoMD.com site any of the following:
- (A) User Content that depicts, encourages or otherwise refers to any act or omission that poses a risk of bodily injury or death to you or another or User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of an auto repair shop with whom you have not had direct, personal experience in an auto repair shop context or as a customer of such auto repair shop;
- (B) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of conduct, or that would otherwise create liability or violate any local, state, national or international law;
- (C) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under this Agreement;
- (D) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- (E) Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for auto repair shop services, auto repair shop service providers, or auto repair shop referral services;
- (F) Private or confidential information of any third party, including, without limitation, customer names, employee names, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- (G) Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
- (H) Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
- (I) User Content that, in the sole judgment of AutoMD.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the AutoMD.com Web site, or which may expose AutoMD.com or its users to any harm or liability of any type.
7.4 When submitting auto repair shop review User Content, you agree to the following:
- (A) You will not include references to any auto repair shop other than the auto repair shop for which you are submitting a review;
- (B) You will not submit User Content that is a review of an auto repair shop with whom you may have a conflict of interest (for example, and without limitation, you are an owner, employee, or family member of an owner or employee of the auto repair shop that you reviewed);
- (C) You will not submit more than one review per auto repair shop in a thirty day period;
- (D) You will not submit User Content for which you have received any form of compensation, including without limitation, cash, credit, discounts, services or products; and
- (E) You will not include a hyperlink to any Web sites in any auto repair shop review.
7.5 AutoMD.com takes no responsibility and assumes no liability for any User Content (including without limitation use of hyperlinks to other non-AutoMD.com Web sites, services, products, content or resources) posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is AutoMD.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Services, including any Content, User Content, and Interactive Areas is at your own risk. Enforcement of the User Content or conduct rules set forth in this Agreement is solely at AutoMD.com's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the AutoMD.com site will not contain any content that is prohibited by such rules. As a provider of Interactive Services, AutoMD.com is not liable for any statements, representations, responses, comments or other User Content provided by its users in any review, rating, forum, question, answer, guide or other Interactive Area. Although AutoMD.com has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, AutoMD.com reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the AutoMD.com site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the AutoMD.com site in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the AutoMD.com site.
7.6 You acknowledge and agree that any User Content you post is non-confidential. If you post User Content to the AutoMD.com site, unless we indicate otherwise, you grant AutoMD.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant AutoMD.com and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the AutoMD.com site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
7.7 You understand that AutoMD.com does not guarantee any confidentiality with respect to any User Content you submit. You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit.
7.8 You understand that AutoMD.com does not select, screen, approve, endorse or limit those who can post User Content, including without limitation postings or updates to or relating to AutoMD.com Auto Answers, AutoMD.com Insta-Quotes!, AutoMD.com Negotiator, AutoMD.com How-to-Guides, AutoMD.com How-to-Videos, AutoMD.com Reviews, AutoMD.com Ratings, or third party ratings service providers like Yelp™. In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such User Content. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such User Content or the qualifications of those posting User Content. AUTOMD.COM SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USER CONTENT YOU ENCOUNTER THROUGH THE SERVICES, AND ANY USE OR RELIANCE ON USER CONTENT IS SOLELY AT YOUR OWN RISK.
7.9 You should be aware that Content presented to you as part of the Services (including but not limited to manufacturers' brand names and logos; images; third party intellectual property; and advertisements in the Services) and sponsored Content within the Services may be protected by intellectual property rights which are owned by the third party sponsors or advertisers who provide that Content to AutoMD.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by AutoMD.com or by the owners of that Content, in a separate agreement.
7.10 AutoMD.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
7.11 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.12 You agree that you are solely responsible for (and that AutoMD.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which AutoMD.com may suffer) by doing so.
8. AutoMD Insta-Quotes!
8.1 AutoMD Insta-Quotes! is a program in which you receive the following benefits: (a) detailed automotive repair service quotes from multiple local auto repair professionals, auto repair shops and auto repair service providers (also referred to individually or collectively as “Shop(s)“); (b) information about the Shops including reviews from customers; (c) AutoMD's Satisfaction Guarantee for the service(s) you purchased from the Shops booked through a quote from the Shops through AutoMD Insta-Quotes! on AutoMD.com; and (d) where applicable, customer discount offers.
8.2 You agree to follow the following steps to obtain quotes from local Shops.
8.3 Step 1: Where Will You be Coming from? Tell us your location by entering your street address, city, state, zip code, and please enter your e-mail address to receive an e-mail with your AutoMD Insta-Quotes! quote information.
8.4 Step 2: What Vehicle Needs to be Serviced? Tell us about your vehicle by choosing from the drop down lists: the year your vehicle was made, the make, the model, the sub-model, and the engine size. (For example: Year = 2004, Make = Toyota, Model = Camry, Sub-model = LE, and Engine Size = 4 Cyl. 2.2L.) Not every vehicle ever made can be selected and therefore the AutoMD Insta-Quotes! service and AutoMD's Satisfaction Guarantee is not available for every vehicle.
8.5 Step 3: Do You Know What Service You Need? If you know what service needs to be done to your vehicle, choose the “Select a Service“ option. You will be shown a menu of available services. You can search for the service by category or type the part name in the search box and choose one of the matching presented menu items. Not every service available from a Shop is on the menu. If we do not have industry standard data for the service you select, we will display a message and you can pick another service from the menu. If you are unable to select a service AutoMD Insta-Quotes! will not be able to provide you with a quote.
8.6 Once you select a service, AutoMD.com checks our database to see if we need more information in order to select the correct part for the service. If we do need more information, questions with answer options will be presented to you. Select the answer option(s) for your vehicle and selected repair service(s). Once all the questions are asked, you can choose either to add another service or the “Get Insta-Quotes!“ button.
8.7 If you do not know what service needs to be done to your vehicle, select "Get a Diagnosis".
8.8 Press the “Get Insta-Quotes!“ button and AutoMD starts generating quotes from local Shops.
- These results are shown to you as we put them together.
- AutoMD.com puts together all the pricing information from participating local Shops based upon the location you entered to generate a quote from each Shop.
- All AutoMD.com's quotes are prepared using quality parts for your vehicle, industry standard labor times, and real-time pricing for parts and labor.
- If the quote process does not find parts in inventory, prices for parts or participating shops that perform the selected service(s) for the selected vehicle, AutoMD.com will be unable to present quotes to you. Any shops AutoMD.com was unable to generate quotes for will be displayed as Trusted Local Shops, in which case you may call the Shop or AutoMD for pricing, but in which case you will not receive the AutoMD Satisfaction Guarantee. If the quote process does not find a participating Shop that performs the selected service(s) for the selected vehicle, AutoMD.com will be unable to present quotes to you.
- Since we cannot see your vehicle or inspect it through the Internet, and vehicles can be quite complicated to figure out problems and identify needed services, the quotes provided are for the service(s) you selected. Once you visit a Shop and the technician inspects your vehicle, it is possible that different or additional work and/or parts may be needed to repair your vehicle. This means the quote may change. The Shop may provide you with a new quote – or you can use AutoMD to generate a new quote for the recommended service(s). Remember, before any service is performed on your vehicle, you must provide your approval to the Shop. Please note that Shops reserve the right to refuse to perform the service(s) you selected using AutoMD Insta-Quotes! in which case you will not receive the AutoMD Satisfaction Guarantee.
- Some vehicles require extra labor time to service due to the severe condition of the vehicle. A severe service vehicle needing extra labor time shows advanced age, high mileage, lack of maintenance, abuse, or was used in a climate that promotes rust. After inspecting your vehicle, if the Shop determines the condition of your vehicle is severe, they may increase the labor price quoted.
- You agree and understand that due to the complexity of auto repairs your vehicle may need repair services different than those submitted by you through AutoMD Insta-Quotes!, and therefore AutoMD.com and the Shop are under no obligation to honor any erroneously quoted AutoMD Insta-Quotes!. Further there may be pricing or calculation errors in your AutoMD Insta-Quotes! results and you agree that the Shop is not required to honor any such erroneous pricing or calculation errors in your AutoMD Insta-Quotes!.
8.9 Step 4: Make Appointment. After selecting the “Get Insta-Quotes!“ button you will be presented with quote results based upon the information you provided in the previous steps. In order to select a quote and make an appointment click the “Make Appointment“ button next to the selected quote. To create an account, enter a valid email address. This email address is the one you'll use to sign in to your account from now on. Enter a password. Enter the same password again to confirm it. Please enter your name and phone number (used to contact you about your appointment) and select a service date on the calendar and select a drop-off time and select “Make Appointment“. Please print your quote and provide it to the Shop. When and where applicable, in certain markets AutoMD may provide certain discount offers. After selecting “Make Appointment“ please print the provided Shop quote which includes any applicable discount offer and present this to the Shop.
8.10 By using the AutoMD Insta-Quotes! service, you acknowledge that not all service shops are participating members and that participating Shops are not required to display signage that they are participating members. You further acknowledge that participation by one Shop in the AutoMD Insta-Quotes! program does not mean that another service shop with the same or similar name at a different location is participating in the AutoMD Insta-Quotes! and AutoMD Satisfaction Guarantee program.
8.11 Individuals under the age of 18 are not eligible to participate in the AutoMD Insta-Quotes! service.
8.12 AutoMD.com is not responsible for a customer's inability to gain access to the Internet. AutoMD.com is not responsible for an inability to read the terms of any AutoMD.com promotion due to the fact that these terms are displayed in the English language. AutoMD.com shall not be liable for, and customer expressly waives any rights to, any consequential, special, incidental or punitive damages resulting from or caused by breach of this Agreement or any defective goods, materials, services, workmanship, products or supplies.
8.13 AUTOMD.COM RESERVES THE RIGHT TO DISCONTINUE OR ALTER THE TERMS OF THE AUTOMD INSTA-QUOTES! SERVICE AT ANY TIME.
9. AutoMD Insta-Quotes! Satisfaction Guarantee
9.1 AutoMD.com backs all the participating Shops in the AutoMD Insta-Quotes! program with the AutoMD Insta-Quotes! Satisfaction Guarantee. That means if you are not satisfied with the service you received from the participating Shop you paid after booking an appointment at that Shop through the AutoMD Insta-Quotes! program on the AutoMD.com website, we will be your advocate with the Shop to make things right - or we will pay to get your vehicle repaired elsewhere by having another Shop of AutoMD.com's choosing perform the service(s).
9.2 To notify AutoMD.com of a claim under the AutoMD Insta-Quotes! Satisfaction Guarantee, call AutoMD.com at 1-877-249-1961 and explain the situation to one of our customer service representatives. You will be asked to email or fax a copy of the receipt you received from the Shop. After gathering information from you about the situation, the customer service representative will submit a report to the AutoMD Resolution Team. A representative from this AutoMD Resolution Team will contact the Shop to gather more information and get back to you with a proposed resolution.
9.3 AutoMD.com's goal is that the services performed by a Shop will be done right the first time. If the automotive repair or service was not performed to the customer's satisfaction and the customer notifies AutoMD.com within two weeks of the appointment date as confirmed through the AutoMD.com appointment process, then AutoMD.com commits to reasonably work with the customer and the original Shop until the customer is satisfied with the repair or services. In the event the customer is not satisfied with the repair or services performed by the original Shop then AutoMD.com commits to having the repair or service scheduled and performed again at another Shop of AutoMD.com's choosing at no additional charge to the customer.
9.4 At all times AutoMD.com reserves the right to determine, using its own discretion, that it has reasonably responded to the customer to address the customer's dissatisfaction and nothing further can or will be done by AutoMD.com or at AutoMD.com's expense. At all times AutoMD.com reserves the right to limit the number of times and number of repair shops that a repair or service is performed under the AutoMD Insta-Quotes! Satisfaction Guarantee.
9.5 The AutoMD Insta-Quotes! Satisfaction Guarantee only applies to normal use of the vehicle, when used and serviced in the manner provided and intended. AutoMD.com makes no other guarantees or warranties, express or implied. The AutoMD Insta-Quotes! Satisfaction Guarantee is limited only to the original customer who was a party to the AutoMD Insta-Quotes! appointment and is non-transferable. The exclusive remedy of customer against AutoMD.com for breach of the AutoMD Insta-Quotes! Satisfaction Guarantee shall be repair or replacement of the item(s) or part(s) as detailed on the original invoice from the Shop or repayment of the purchase price, at the option of AutoMD.com. The customer must present proof of the AutoMD Insta-Quotes! appointment and a copy of the invoice from the Shop which details the service(s) performed and the identity of the part(s) and part brand(s) installed in order for the AutoMD Insta-Quotes! Satisfaction Guarantee to be valid. The AutoMD Insta-Quotes! Satisfaction Guarantee does not apply to customer satisfaction issues first reported to AutoMD.com after the expiration of 14 days from the appointment date as reported through the AutoMD Insta-Quotes! process. AutoMD.com shall not be liable for, and customer expressly waives any rights to, any consequential, special, incidental or punitive damages resulting from or caused by any defective goods, materials, services, workmanship, products or supplies.
9.6 WITH THE EXCEPTION OF THE AUTOMD SATISFACTION GUARANTEE YOU ACKNOWLEDGE AND AGREE THAT AUTOMD.COM DOES NOT OTHERWISE WARRANT ANY REPAIRS OR SERVICES PERFORMED BY ANY SHOPS. AUTOMD.COM DOES NOT PROVIDE ANY WARRANTY FOR ANY PARTS OR LABOR FOR ANY REPAIRS OR SERVICES PERFORMED BY ANY SHOPS.
9.7 The Shops control the applicability and/or coverage of any warranty for the Shop's repairs, services, labor, or parts. AutoMD.com has no control over whether or not a Shop warrants its repairs, services, labor, or parts. Further, AutoMD.com has no control over whether or not a manufacturer warrants its parts.
9.8 You acknowledge and agree that not all Shops warrant its services and repairs. Further, you acknowledge and agree that not all manufacturers warrant its parts. With the exception of any claims made pursuant to the AutoMD Satisfaction Guarantee you acknowledge and agree that you will not make a warranty claim to AutoMD.com for any repair or service performed by a Shop and, if you do, AutoMD.com has the automatic right to deny such a warranty claim that is not made in compliance with the terms of the AutoMD Satisfaction Guarantee.
10. Proprietary rights
10.1 You acknowledge and agree that AutoMD.com (or AutoMD.com’s licensors) own all legal right, title and interest in and to the Services, including Content, and any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by AutoMD.com and that you shall not disclose such information without AutoMD.com’s prior written consent.
10.2 Nothing in this Agreement gives you a right to use any of AutoMD.com's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
10.3 Other than the limited license set forth in Section 11, AutoMD.com acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with AutoMD.com, you agree that you are responsible for protecting and enforcing those rights and that AutoMD.com has no obligation to do so on your behalf.
10.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
10.5 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content on AutoMD.com you give AutoMD.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling AutoMD.com to display, distribute and promote the Services.
11.2 You agree that this license includes a right for AutoMD.com to make such content available to other companies, organizations or individuals with whom AutoMD.com has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.
11.3 You understand that AutoMD.com, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit AutoMD.com to take these actions.
11.4 You confirm and warrant to AutoMD.com that you have all the rights, power and authority necessary to grant the above license.
12. Termination by AutoMD.com
12.1 AutoMD.com may at any time, terminate its legal Agreement with you for any reason, at AutoMD.com’s sole discretion, including, but not limited to the following:
- (A) you have breached any provision of this Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); or
- (B) AutoMD.com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- (C) the partner with whom AutoMD.com offered the Services to you has terminated its relationship with AutoMD.com or ceased to offer the Services to you; or
- (D) AutoMD.com is transitioning to no longer providing the Services to areas where you are a resident or from which you use the service; or
- (E) the provision of the Services to you by AutoMD.com is, in AutoMD.com’s opinion, no longer commercially viable.
12.2 Nothing in this Section shall affect AutoMD.com’s rights regarding provision of Services under Section 4 of this Agreement.
13. EXCLUSION OF WARRANTIES
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
13.2 IN PARTICULAR, AUTOMD.COM DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTOMD.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.5 AUTOMD.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.6 While AutoMD.com endeavors to provide useful Services, including allowing users and third parties to provide useful information and services regarding and relating to auto repair and maintenance, auto repair professionals, auto repair shops and auto repair service providers, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that such information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such Services) and that all circumstances are unique and the Services may not be appropriate for your circumstances or may be outdated or contain errors, omissions or misinterpretations of information.
13.7 You acknowledge and agree that it is your sole responsibility to conduct an independent evaluation and otherwise verify the accuracy, suitability, and applicability of the Services for your situation, circumstances and purposes before relying or acting upon such Services. You further acknowledge that an AutoMD.com Rating, AutoMD.com Review, and/or Yelp™ review, and the other information contained in an auto repair professionals', auto repair shops' (and/or a Shop’s) and auto repair service providers' profile on AutoMD Insta-Quotes!, such as descriptions of areas of specialization on a repair or service quote, and other data, summaries or descriptions, are based on the data obtained by or submitted to AutoMD.com, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to AutoMD.com. An AutoMD.com Rating, AutoMD.com Review, and/or Yelp™ review does NOT reflect AutoMD.com's assessment of a given auto repair professional, auto repair shop or auto repair service provider. Rather, such ratings are an aggregation of reviews and/or ratings based upon many factors, including the information submitted by users to AutoMD.com. Consequently, someone else's assessment of the same auto repair professional, auto repair shop or auto repair service provider may be different or based upon different information. Neither AutoMD.com Ratings, AutoMD.com Review, and/or Yelp™ review nor any of the other information provided through the Services, are an endorsement of any particular auto repair professional, auto repair shop or auto repair service provider or are a guarantee of an auto repair professionals', auto repair shops' and auto repair service providers' quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such an auto repair professional, auto repair shop and auto repair service provider is involved. The information provided on the AutoMD.com Web site is intended to be a starting point to gather information about auto repair professionals, auto repair shops and auto repair service providers who may be suitable for your automotive parts, repair and maintenance needs, but you should not rely solely on such information in deciding whether to hire any given auto repair professional, auto repair shop or auto repair service provider. Furthermore, you should independently verify the accuracy of any information you obtain from the Services before using it, and you should obtain independent references for any auto repair professionals, auto repair shops or auto repair service providers you are considering hiring. You agree to be solely responsible for your use of the Services and for determining the suitability of, and the results obtained from, any auto repair professionals, auto repair shops and auto repair service providers you hire.
13.8 Additional information about the Services, including without limitation, the AutoMD.com Rating, AutoMD.com Review, AutoMD.com Insta-Quotes!, AutoMD.com Negotiator, AutoMD.com Auto Answers, AutoMD.com How-to-Guides or How-to-Videos, the sources of information displayed on the AutoMD.com Web site, and other important matters is contained within the AutoMD.com Web site itself, and you acknowledge and agree that your use of the Services, is informed by and subject not only to these Terms but also by the information and explanation(s) available on these pages.
13.9 AUTOMD.COM IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION USER CONTENT, AUTO PARTS, REPAIR AND MAINTENANCE INFORMATION, VEHICLE RECALLS AND TSBS, PRICING AND RELATED INFORMATION ON AUTOMD.COM INSTA-QUOTES! AND/OR AUTOMD.COM ESTIMATES, AUTO REPAIR SHOP PROFILE INFORMATION OR AUTO REPAIR SHOP INFORMATION, SITE MATERIALS, THE SERVICES, THE AUTOMD.COM RATING, THE AUTOMD.COM REVIEWS, YELP™ REVIEWS, AUTOMD.COM AUTO ANSWERS, AUTOMD.COM HOW-TO-GUIDES OR HOW-TO-VIDEOS, OR THE SOURCES OF INFORMATION DISPLAYED ON THE SITE. WHILE AUTOMD.COM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, AUTOMD.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
13.10 AutoMD.com reserves the right to change any and all content contained in AutoMD.com and any Services offered at any time without notice. Reference to any auto repair professionals, auto repair shops or auto repair service providers, service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, Services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by AutoMD.com
14. LIMITATION OF LIABILITY
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUTOMD.COM, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY SERVICES OR ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH AUTOMD.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE AUTOMD.COM WITH ACCURATE ACCOUNT INFORMATION; OR
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(C) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES ; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
(D) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AUTOMD.COM SHALL NOT BE LIABLE FOR THE DEFAMATORY OR OFFENSIVE CONTENT OR DANGEROUS OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(E) THESE EXCLUSIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
(F) YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
14.2 THE LIMITATIONS ON AUTOMD.COM'S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT AUTOMD.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15.1 You agree to defend, indemnify and hold harmless AutoMD.com, its corporate parents, subsidiaries, affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services, or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of this Agreement or your violation of the rights of any third party.
16. Dispute Resolution and Class Action Waiver
16.1 All disputes between you and AutoMD.com arising or relating to: (a) this Agreement; (b) the Services; (c) any advertisement or promotion relating to this Agreement or the Services; (d) transactions effectuated through this Services; (e) any use of the AutoMD.com websites or other Services; or (f) the relationship which results from this Agreement (including relationships with third parties who are not party to this Agreement) shall be resolved by binding individual arbitration under the American Arbitration Association's rules for consumer-related disputes. NEITHER YOU NOR AUTOMD.COM WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. If this class action waiver is found to be unenforceable in a particular case, then this arbitration agreement shall be null and void in that case. This Agreement shall be governed by the Federal Arbitration Act and, where consistent, California law. Notwithstanding this, you agree that AutoMD.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. AutoMD.com reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use the Services.
17. Copyright policies
17.1 It is AutoMD.com’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and limiting access to the Services and/or to terminating the accounts of repeat infringers. AutoMD.com may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the AutoMD.com Web site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Copyright Agent (“DCA”) as set forth below.
(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online AutoMD.com site are covered by a single notification, a representative list of such works at that AutoMD.com site;
(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit AutoMD.com to locate the material;
(D) Information reasonably sufficient to permit AutoMD.com to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(E) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(F) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(G) Full Address of Designated Copyright Agent to Which Notification Should be Sent: Designated Copyright Agent, AutoMD.com, Legal Department, 16941 Keegan Avenue, Carson, CA 90746.
(H) Telephone Number of Designated Copyright Agent: (877) 249-1961.
(I) E-Mail Address of Designated Copyright Agent: [email protected] .
(J) We may give notice of a claim of copyright infringement to our users by means of a general notice on the AutoMD.com Web site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
18.2 The manner, mode and extent of advertising by AutoMD.com on the Services are subject to change without specific notice to you.
18.3 In consideration for AutoMD.com granting you access to and use of the Services, you agree that AutoMD.com may place such advertising on the Services.
19. Other content
19.1 The Services may include hyperlinks to other non-AutoMD.com Web sites, services, products, content or resources. AutoMD.com may have no control over any non-AutoMD.com Web sites or resources which are provided by companies or persons other than AutoMD.com.
19.2 You acknowledge and agree that AutoMD.com is not responsible for the availability of any such hyperlinks or such external non-AutoMD.com Web sites, services, products, content or resources, and does not endorse any advertising, products or other materials on or available from such AutoMD.com Web sites or resources.
19.3 You acknowledge and agree that AutoMD.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external non-AutoMD.com Web sites, services, products, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such AutoMD.com hyperlinks, Web sites or resources.
20. Changes to this Agreement
20.1 AutoMD.com may make changes to this Agreement from time to time.
20.2 You understand and agree that if you use the Services after the date on which this Agreement has changed, your use is acceptance of the updated Agreement.
21. General legal terms
21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods or services, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, this Agreement does not affect your legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and AutoMD.com and govern your use of the Services (but excluding any services which AutoMD.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and AutoMD.com in relation to the Services.
21.4 You agree that if AutoMD.com does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which AutoMD.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of AutoMD.com’s rights and that those rights or remedies will still be available to AutoMD.com.
21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
21.6 You acknowledge and agree that each member of the group of companies of which AutoMD.com is the parent, subsidiary, or affiliate shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.