TERMS OF USE AGREEMENT
1. Your Acceptance
Welcome to AutoPREP.com. Your use of this website or any other websites owned or
operated by AutoPREP, LLC and/or its affiliates (the "Website") and the services
provided through or in connection with the Website and viewing of the content
available at the Website, is subject to this Terms of Use Agreement (the “Terms
of Use”) and the current AutoPREP, LLC (“AUTOPREP”) Privacy Policy (the “Privacy
Policy”) published at http://autoprep.com/privacypolicy.aspx, which
is incorporated herein by reference. Each time you use the Website, you agree to
be bound by the following Terms of Use and the Privacy Notice. If you do not
agree to any of these terms, then you must immediately discontinue your use of
the Website. These Terms of Use, and the Privacy Policy, may be updated by
AUTOPREP from time to time without notice to you.
2. Users
These Terms of Use apply to all customers, visitors, users, and others who view
the Website ("Users" as well as “You” or “Your”), including Users who are also
contributors of images, video, information, and other materials or services on
the Website. The Website may contain links to third-party websites that are not
owned or controlled by AUTOPREP. AUTOPREP has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, AUTOPREP will not and cannot censor or edit the
content of any third-party website. By using the Website, you expressly relieve
AUTOPREP from any and all liability arising from your use of any third-party
website. Accordingly, we encourage you to be aware when you leave the Website
and to read the terms of use and privacy policy of each other website that you
visit.
3. Use of the Website
(a) AUTOPREP hereby grants you
permission to use the Website as set forth in these Terms of Use, provided that:
(i) your use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part of the Website
in any medium without AUTOPREP’s prior written authorization; (iii) you will not
alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Use.
(b) In order to access some features
of the Website, you may have to create an account or register as a user (an
“account”). You may never use another's account without their permission. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. You must notify AUTOPREP immediately of
any breach of security or unauthorized use of your account. Although AUTOPREP
will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of AUTOPREP or others due to such
unauthorized use.
(c) You agree not to use or launch any
automated system, including without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Website in a manner that sends more request
messages to the servers operating the Website in a given period of time than a
human can reasonably produce in the same period by using a conventional on-line
web browser. Notwithstanding the foregoing, AUTOPREP grants the operators of
public search engines permission to use spiders to copy materials from the
Website for the sole purpose of creating publicly available searchable indices
of the materials, but not caches or archives of such materials. AUTOPREP
reserves the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the
communication systems and/or the navigation systems provided by the Website for
any commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any Users of the Website with respect to their User Submissions (see
Section 5 below).
(e) AUTOPREP may permanently or
temporarily terminate, suspend, or otherwise refuse to permit Users’ access to
the Website without notice and liability, if, in AUTOPREP’ sole determination,
User violates any of the terms of use, including the following prohibited
actions; (i) use the Website for any illegal purpose or to submit, transmit or
facilitate the distribution of information or content that is unlawful, harmful,
abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit,
defamatory, infringing, invasive of personal privacy or publicity rights,
harassing, libelous, threatening, or in a reasonable person's view,
objectionable; (ii) submit, transmit, promote or distribute information or
content that is illegal; (iii) attempt to interfere with, compromise the system
integrity or security or decipher any transmissions to or from the servers
running the Website; (iv) take any action that imposes, or may impose at our
sole discretion an unreasonable or disproportionately large load on our
infrastructure; (v) upload invalid data, viruses, worms, or other software
agents through the Website; (vi) use any robot, spider, scraper or other
automated access the Service for any purpose without our express written
permission; (vii) impersonate another person or otherwise misrepresent Users’
affiliation with a person or entity, conduct fraud, hide or attempt to hide
Users’ identity; (viii) submit, upload, post, email, transmit or otherwise make
available any information or content that User does not have a right to make
available under any law or under contractual or fiduciary relationships; (ix)
interfere with the proper working of the Website; or, (x) bypass the measures we
may use to prevent or restrict access to the Website. Upon termination for any
reason, User continues to be bound by this Agreement.
4. Intellectual Property
Rights
The content on the Website, including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features and the
like ("Content"), the trademarks, service marks and logos contained therein
("Marks"), and the services provided by or carried out by the systems and
methods incorporated into the Website (“Services”), are owned by or licensed to
AUTOPREP and are subject to copyright, trademark, patent and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of the
respective owners. AUTOPREP reserves all rights not expressly granted in and to
the Website and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions (see Section 5
below) of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you
must retain all copyright and other proprietary notices contained therein. You
agree not to circumvent, disable or otherwise interfere with security related
features of the Website or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
(a) The Website may now or in the
future permit the submission of images, sounds, videos, data, or other
communications submitted by you and other Users, such as in the form of
testimonials and user forums ("User Submissions") and the hosting, sharing,
and/or publishing of such User Submissions. You understand that whether or not
such User Submissions are published, AUTOPREP does not guarantee any
confidentiality with respect to any User Submissions.
(b) You shall be solely responsible
for your own User Submissions and the consequences of posting or publishing
them. In connection with User Submissions, you affirm, represent, and/or warrant
that: (i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize AUTOPREP to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Use; and (ii) you have the
written consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of the
User Submissions in the manner contemplated by the Website and these Terms of
Use. For clarity, you shall retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions to AUTOPREP, you hereby
grant AUTOPREP a worldwide, non-exclusive, fully paid-up, royalty-free,
irrevocable, perpetual, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, perform and
otherwise exploit the User Submissions in connection with the Website and
AUTOPREP’ (and its successor's) business, including without limitation for
promoting and redistributing part or all of the Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each User of the Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms of Use,
(c) In connection with User
Submissions, you further agree that you will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the
material and to grant AUTOPREP all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage AUTOPREP or any third
party; (iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person.
AUTOPREP does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and AUTOPREP expressly disclaims any and all liability
in connection with User Submissions. AUTOPREP does not permit copyright
infringing activities and infringement of intellectual property rights on the
Website, and AUTOPREP will remove all Content and User Submissions if properly
notified that such Content infringes on another's intellectual property rights.
AUTOPREP reserves the right to remove Content and User Submissions without prior
notice. AUTOPREP will also terminate a User's access to the Website, if they are
determined to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had Content or a User
Submission removed from the Website more than twice. AUTOPREP also reserves the
right to decide whether Content or a User Submission is appropriate and complies
with these Terms of Use for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material. AUTOPREP may remove such User
Submissions and/or terminate a User's access for uploading such material in
violation of these Terms of Use at any time, without prior notice and at its
sole discretion.
(d) In particular, if you are a copyright
owner or an agent thereof and believe that any User Submission or other content
infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent with
the following information in writing (see 17 U.S.C. 512(c)(3) for further
detail):
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(iii) 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 the service
provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;
(v) 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
(vi) 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.
AUTOPREP’ Designated Agent to receive notifications of claimed infringement is:
Attn: Copyright
AutoPREP, LLC
5050 Vista Blvd., Suite 103
Sparks, Nevada 89436
You acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
(e) You understand that when using the
Website, you may be exposed to User Submissions from a variety of sources, and
that AUTOPREP is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions. You
further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable rights or remedies you have
or may have against AUTOPREP with respect thereto, and agree to indemnify and
hold AUTOPREP, its Owners/Operators, affiliates, and/or licensors, harmless to
the fullest extent allowed by law regarding all matters related to your use of
the site.
(f) AUTOPREP permits you to link to
your own User Submissions, if any, hosted on the Website or User Submissions of
other third parties available on the Website, for personal, non-commercial
purposes only. You understand that the User Submissions, whether or not linked
or embedded into other websites, are provided to you only on an as-available
basis, and AUTOPREP does not guarantee that their availability will be
uninterrupted or bug free. AUTOPREP reserves the right to discontinue any aspect
to the Website at any time, including discontinuing any linked or embedded
Content either generally or in specific cases.
(g) Opt Out. AUTOPREP may use your
information to notify you of important changes to the Website, services, and
special offers. If you do not want to receive such notices, you may use the
following options to opt out of receiving future communications:
(i) Send an email message to sales@mepcad.com with the word "Remove" in the subject
field; or
(ii) Send mail to the following postal address:
Attn: Remove
AutoPREP, LLC
5050 Vista Blvd., Suite 103
Sparks, Nevada 89436
Opting out may prevent you from receiving email messages regarding updates,
improvements, or special offers. If AUTOPREP has provided any third-party with
your personal information, you will have to contact the third-party directly
with any opt-out request.
7. Website Information Any information provided to Users through the
Website is intended for informational purposes only. AUTOPREP makes no
representations or warranties regarding the accuracy or completeness of the
information.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, AUTOPREP, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. AUTOPREP MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE WEBSITE. AUTOPREP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND AUTOPREP WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
9. Limitation of
Liability
Features. You
acknowledge and agree that if you purchase and/or use AutoPREP that various
features of AutoPREP, including the automated drawing cleanup feature, will
delete any or all portions of original drawings and materials associated
therewith, and that built-in wizard functions will repeat or mimic prior actions
by the user, including the deletion or alteration of all or part of the original
drawings or materials associated therewith, and that once any part or all parts
of the original drawings and materials associated therewith have been deleted,
altered or otherwise modified, the deleted, altered or modified drawings or
material associated therewith may not be able to be recovered in any manner,
way, shape or form. Accordingly, you acknowledge and agree that Licensee and
users of AutoPREP shall be solely responsible for saving or otherwise preserving
copies of original drawings or materials associated therewith, and reviewing any
drawings or results generated by AutoPREP against the original drawings or
materials associated therewith prior to saving the deleted, altered or modified
drawings or materials associated therewith, and AUTOPREP and its supplier or
distributors specifically disclaim any express or implied warranty of fitness
for deletions, modifications or alterations of original drawings or materials
associated therewith and no license is granted to use AutoPREP for such
activities.
Utilization of Website under Dangerous Conditions.
Your use of the Website under certain conditions, such as walking, driving or in
other conditions where Your attention may be impaired, can lead to Your injury
or death or to the injury or death of third parties and You accept all risk
associated with such use. AUTOPREP disclaims all liability that might arise from
Your use of the Website under any circumstances where doing so might put You,
Your possessions, or third parties at risk or in any kind of danger.
IN NO EVENT SHALL AUTOPREP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ANY OF THE ABOVE LIMITATIONS OF
LIABILITY, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE WEBSITE OR PRODUCTS FOR SALE OR LICENSE THEREIN, (IV) ANY
UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD
PARTY, AND/OR (VII) 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 WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT AUTOPREP SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO
YOU.
The Website is controlled and offered by AUTOPREP from its facilities in the
United States of America. AUTOPREP makes no representations that the Website is
appropriate or available for use in other locations. Those who access or use the
Website from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
10. No Third-Party Beneficiaries You agree that, except as otherwise
expressly provided in this Terms of Use, there shall be no third-party
beneficiaries to this agreement.
11. Indemnity
You agree to defend, indemnify and hold harmless AUTOPREP, officers, directors,
employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from: (i) your use of and access to the Websites; (ii)
your violation of any term of these Terms of Use; (iii) your violation of any
third party right, including without limitation any copyright, property, patent,
or privacy right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation will
survive these Terms of Use and your use of the Website.
12. Ability to Accept Terms of Use
By your use of the Website, you affirm that you are either are at least 18 years
of age, or an emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these
Terms of Use, and to abide by and comply with these Terms of Use. In any case,
you affirm that you are over the age of 13, as the Website is not intended for
children under 13. If you are under 13 years of age, then please do not use the
Website. There are lots of other great websites for you. Talk to your parents
about what websites are appropriate for you. Minors over the age of 13 must ask
their parents or guardians for permission before using or visiting the Website
or sending any personal information to anyone over the Internet.
13. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by AUTOPREP without
restriction.
14. Government Restricted Rights.
If you are an agency, department, or other entity of the United States
Government (“Government”), the use, duplication, reproduction, release,
modification, disclosure or transfer of the Website, or any related
documentation of any kind, including technical data or related manuals, is
restricted in accordance with Federal Acquisition Regulation 12.212 for civilian
agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for
military agencies. This Website is a commercial website and the related
documentation is commercial website documentation. The use of the website
and related documentation is further restricted in accordance with the terms of
this Terms of Use, or any modification hereto. AutoPREP, LLC is located at
5050 Vista Blvd., Suite 103, Sparks, Nevada 89436.
15. General
These Terms of Use represents the complete agreement concerning the Website
between the parties and supersedes all prior agreements and representations
between them. The Terms of Use may be amended only by a writing executed
by both parties. If any provision of the Terms of Use is held to be
illegal or unenforceable, that provision shall be limited or eliminated to the
minimum extent necessary to make it legal and enforceable and the Terms of Use
shall otherwise remain in full force and effect and enforceable. The
failure of AUTOPREP to act with respect to a breach of the Terms of Use by User
or others does not constitute a waiver and shall not limit AUTOPREP’s rights
with respect to such breach or any subsequent breaches. The Terms of Use
are personal to User and may not be assigned or transferred for any reason
whatsoever without AUTOPREP’s prior written consent and any action or conduct in
violation of the foregoing shall be void and without effect. AUTOPREP expressly
reserves the right to assign the Terms of Use and to delegate any of its
obligations hereunder. The Terms of Use shall be governed by and construed
under Nevada law (without regard to its conflicts of laws provisions) as such
law applies to agreements between Nevada residents entered into and to be
performed within Nevada. The sole and exclusive jurisdiction and venue for
actions arising under these Terms of Use shall be the State and Federal courts
in Washoe County, Nevada; User hereby agrees to service of process in accordance
with the rules of such courts.
Each party recognizes and agrees that the warranty disclaimers and
liability and remedy limitations in THESE TERMS OF USE are material bargained
for bases of the terms of use and that they have been taken into account and
reflected in determining the consideration to be given by each party under THESE
TERMS OF USE and in the decision by each party to enter into THESE TERMS OF USE.
Questions concerning these Terms of Use should be sent to the address set forth
below. Any notices or correspondences will only be effective if sent to
such address.
AutoPREP, LLC
5050 Vista Blvd., Suite 103
Sparks, Nevada 89436
Effective Date May 6th, 2010