AGREEMENT BETWEEN USER AND AUTO/MATE, INC.
REGARDING THE AUTO/MATE UNIVERSITY WEB SITE
The Auto/Mate University Web Site is comprised of various Web
pages operated by Auto/Mate, Inc. (“AUTO/MATE”)
The Auto/Mate University Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Auto/Mate University Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
AUTO/MATE reserves the right to change the terms, conditions,
and notices under which the Auto/Mate University Web Site is offered.
LINKS TO THIRD PARTY SITES
The Auto/Mate University Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites may not be under the control
of AUTO/MATE and AUTO/MATE is not responsible for the contents of any non-AUTO/MATE
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. AUTO/MATE is not responsible for
webcasting or any other form of transmission received from any non-AUTO/MATE Linked
Site. AUTO/MATE is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by AUTO/MATE of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Auto/Mate University Web Site,
you warrant to AUTO/MATE that you will not use the Auto/Mate University Web
Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Auto/Mate University Web Site in any manner
which could damage, disable, overburden, or impair the Auto/Mate University Web
Site or interfere with any other party's use and enjoyment of the Auto/Mate
University Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Auto/Mate University Web Sites.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE AUTO/MATE UNIVERSITY WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
AUTO/MATE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AUTO/MATE
UNIVERSITY WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE AUTO/MATE UNIVERSITY
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
AUTO/MATE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
AUTO/MATE UNIVERSITY WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. AUTO/MATE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL AUTO/MATE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AUTO/MATE
UNIVERSITY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE AUTO/MATE
UNIVERSITY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE AUTO/MATE UNIVERSITY WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE AUTO/MATE UNIVERSITY WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUTO/MATE OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AUTO/MATE UNIVERSITY WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE AUTO/MATE UNIVERSITY WEB SITE.
SERVICE CONTACT : amu@automate.com
TERMINATION/ACCESS RESTRICTION
AUTO/MATE reserves the right, in its sole discretion, to
terminate your access to the Auto/Mate University Web Site and the related
services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of New York, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in Albany
County, New York, U.S.A. in all disputes arising out of or relating to the use
of the Auto/Mate University Web Site. Use of the Auto/Mate University Web Site
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and AUTO/MATE as a result of this agreement or use of the
Auto/Mate University Web Site. AUTO/MATE 's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of AUTO/MATE's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Auto/Mate University Web Site or information provided to or gathered by AUTO/MATE
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and AUTO/MATE with respect to the Auto/Mate University Web
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and AUTO/MATE
with respect to the Auto/Mate University Web Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Auto/Mate University Web Site are: Copyright
© 2015-2020 Auto/Mate, Inc. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States copyright
law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.