Auto Match, LLC - Terms of Service (TOS)

AUTOMATCH, LLC dba Auto Appender & AutoAppender.com

WEB SITE TERMS AND CONDITIONS

Welcome to the Auto Appender web site, and thank you for considering our products. Please read this Terms and Conditions section carefully before using this web site. Your use of this web site confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, please exit our site immediately and do not use this web site for any purpose.

1. YOUR LEGAL DUTIES: Auto Appender requires every buyer to use all purchased data in compliance with any and all applicable Federal and State laws, rules, and regulations, including but not limited to those concerning fax broadcasts, e-mail transmissions, direct marketing, and privacy. Further, data may not be used in connection with individual credit, employment or insurance applications.

2. PRIVACY: Please review the Auto Appender Privacy Policy for information on the privacy practices of the Auto Appender web site.

3. SECURITY: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. Users of this website are prohibited from violating or attempting to violate the security of the Site, including: 1) accessing information not intended for such user or logging onto a server or an account which the user is not authorized to access; 2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; 3) attempting to interfere with service to any user, host or network, including, submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing.";4) Using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox). Violations of Site or System security may result in civil or criminal liability. Auto Match, LLC will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations. Users agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

4. REFUND POLICY: Due to the nature of our product, you agree and acknowledge that Auto Match, LLC maintains a no refund policy on all products and services offered online or offline. If you are dissatisfied with any product or service offered by Auto Appender your exclusive remedy is to discontinue use of the service without refund of any kind whatsoever.

5. NO RESALE OF PRODUCTS OR SERVICES: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the products or services you acquire from Auto Appender.

6. WEBSITE CHANGES: Auto Appender reserves the right to make changes to the Auto Appender web site and its Terms and Conditions at any time. Each time you use the Auto Appender web site you should visit and review the then current Terms and Conditions and the Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Auto Appender web site, its content, or the Terms and Conditions you agree that your sole and exclusive remedy is to discontinue using the Auto Appender web site.

7. DISCLAIMERS: THE AUTO APPENDER WEBSITE IS OPERATED BY AUTO MATCH, LLC, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, AUTO APPENDER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. FURTHER, AUTO APPENDER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. FURTHER, AUTO APPENDER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. FURTHER, AUTO APPENDER DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

8. LIMITATIONS OF LIABILITY: UNDER NO CIRCUMSTANCES, SHALL AUTO MATCH, LLC OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE PRODUCTS OFFERED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Auto Match, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Auto Match, LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

9. INDEMNITY: You agree to indemnify and hold Auto Match, LLC and our affiliates and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our web site, your connection to our web site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

10. INTENDED FOR USERS OVER 13: The Auto Appender web site is intended for use by individuals 13 years of age or older. The Auto Appender web site is not directed to use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site.

11. LINKS TO THIRD PARTY SITES: The Auto Appender web site may contain links to sites owned or operated by parties other than Auto Appender. These links are provided for your convenience only. Auto Appender does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Therefore, Auto Appender specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Further, Auto Appender does not endorse the content, or any products or services available, on such sites.

12. LAW AND JURISDICTION: The Web Site Terms and Conditions and your use of the Auto Appender web site are governed by the laws of the State of New Jersey. The courts of general jurisdiction located within Essex County, New Jersey, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and Auto Appender.

13. TERMINATION: You or Auto Appender may suspend or terminate your account or your use of this web site at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this web site at any time without notice.

14. WAIVER AND SEVERABILITY OF TERMS: The failure of Auto Appender to exercise or enforce any right or provision of The Web Site Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of The Web Site Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of The Web Site Terms and Conditions remain in full force and effect.

15. ENTIRE AGREEMENT: The Web Site Terms and Conditions constitutes the entire agreement between you and Auto Appender and governs your use of the Products and Services, superseding any prior agreements between you and Auto Appender with respect to the Service.

Revised 8/5/2008