The following agreement outlines your obligations when using the Services (as such term is defined elsewhere herein) offered from time to time by automotiveMastermind Inc. (“aM”) or its Affiliates. The Services are owned, maintained, offered and operated by aM.
The Services are accessed or used by you (the “User”) under the terms and conditions of use described below (the “Terms of Service” or “ToS”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, USER AGREES TO BECOME BOUND BY THE TERMS OF SERVICE. IF USER DOES NOT AGREE TO ALL THE TERMS OF SERVICE, THEN USER SHOULD NOT ACCESS THE SERVICES. aM'S ACCEPTANCE OF USER’S USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON USER’S ASSENT TO ALL OF THE TERMS OF SERVICE, TO THE EXCLUSION OF ANY OTHER TERMS. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY aM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Headings shall not affect the interpretation of these Terms of Service. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. Words in the singular shall include the plural and vice versa. A reference to one gender shall include a reference to the other genders. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. A reference to “writing” or “written” includes electronic mail.
These ToS can be found at www.automotivemastermind.com or at such other web address as may be notified to User from time to time.
aM grants to User a non-exclusive, non-transferable right to permit User to access and use the Services.
User shall be prohibited from violating or attempting to violate the security of the Site. aM will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
User shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or (f) causes damage or injury to any person or property; and aM reserves the right, without liability to User, to disable User’s access to any material that breaches this provision.
User shall not: (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties: (i) and except to the extent expressly permitted under these Terms of Service, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software (as applicable) in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or (b) access all or any part of the Services in order to build a product or service which competes with the Services; or (c) use the Services to provide services to third parties; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except the Authorized Users; or (e) attempt to obtain, or assist third parties in obtaining, access to the Services.
User acknowledges and agrees that aM may disclose, transfer, sell to third parties, or otherwise process, and/or monetize with or without the involvement of third parties, any and all Anonymized Data.
aM shall retain all worldwide right, title and interest in the intellectual property of the Services to the maximum extent permitted by law, including, but not limited to, the trademarks, "look and feel," color combinations, layout, and all other graphical elements of the Services, and the copyright in and to the original content of the Services. User should assume that everything User reads or sees as part of the Services is copyrighted or otherwise protected and owned by aM, or a third party who licensed the right to use such content to aM. Unless otherwise expressly noted, nothing that User reads or sees as part of the Services, or any of the source code or HTML code that aM uses to generate any part of the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial or other use without the prior written consent of aM, except as expressly provided in these Terms of Service or otherwise permitted by relevant law.
User agrees to notify aM of all problems and ideas for enhancements which come to User’s attention during the Period, and User hereby forever assigns to aM all right, title and interest to such enhancements and all property rights therein including, without limitation, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
aM makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of any information found as part of the Services and assumes no responsibility for any errors or omissions therein. USER ACCESSES THE SERVICES AT USER’S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE BY LAW. NEITHER aM NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT AS PART OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF aM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. aM IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICES. IN NO EVENT WILL aM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL aM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES, OR ANY CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
User agrees to indemnify and hold aM and its Affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including attorneys’ fees, due to or arising out of User’s use of the Services, or a breach of any of term of these Terms of Service, or User’s violation of any law, regulation, order or other legal mandate, or the rights of a third party. aM reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User hereunder. The indemnification obligation and aM’s right to exclusive defense provided for herein shall survive the cancelation and/or termination of any or all the Services.
aM uses reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that User may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and aM cannot guarantee the confidentiality or security of User’s electronic communications or its contents. User transmits such information at User’s own risk and User should decide very carefully which information User wants to send to aM via any electronic communication.
These Terms of Service constitute the only agreements between the Parties with respect to the Services and all other prior negotiations, representations, agreements, and understandings are superseded hereby.
If any provision of these Terms of Service shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of these Terms of Service.
In addition to any legal or equitable remedies that might otherwise be available, these Terms of Service may be enforced with remedies of specific performance and injunction, both of which are expressly deemed reasonable.
If User breaches any term of these Terms of Service, aM may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. aM's remedies are cumulative and not exclusive. Failure of aM to exercise any remedy or enforce any portion of the terms of these Terms of Service at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of the Services are responsible for compliance with all applicable regulations and laws.
User will resolve any claim, cause of action or dispute (together a “claim”) User has with aM arising out of or relating to the Services or these Terms of Service exclusively in a state or federal court located in New York County, New York. The laws of the State of New York will govern these Terms of Service, as well as any claim that may arise between User and aM, without regard to conflict of law principles. User agrees to submit to the exclusive personal jurisdiction of the courts of the State of New York, located in New York County, for the purpose of litigating all such claims. In any dispute arising under these Terms of Service, the prevailing party will be entitled to reasonable attorneys’ fees and expenses. Any dispute arising hereunder or related to User’s use of the Services shall be solely between User and aM, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis.
If User has any questions about this Terms of Service, User should contact aM at:
123 William Street, Suite 1505
New York, NY 10038