EFFECTIVE DATE: November 4, 2015
LAST UPDATED: November 4, 2015
1. Acceptance of Terms.
The System is made available to you by Autobrain subject to this Agreement. Autobrain reserves the right to update or make changes to this Agreement from time to time, and may provide you with notice of such changes by any reasonable means, including, without limitation, by posting the revised version of this Agreement on the Site or App, or via email notification.
You can determine when this Agreement was last revised by referring to the ““LAST UPDATED" legend at the top of this Agreement.
Any changes to this Agreement shall not apply to any dispute between you and Autobrain arising prior to the date on which Autobrain posts the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. When using any portion of the System, you agree that you are subject to any additional terms and conditions that are posted by us that are applicable to the System, which are hereby incorporated by reference into this Agreement.
BY ACCESSING OR USING THE SYSTEM, YOU AFFIRM THAT YOU ARE OF LEGALAGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the System, with or without notice; charge fees in connection with the use of the System or portions or features thereof; modify or waive any fees charged in connection with the System; or offer opportunities to some or all users of the System, including, but not limited to, promotions or limited/trial features, such as those features provided at a discount, or those features not offered to all users of the System. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the System, content, feature or product, in whole or in part. Your continued access to or use of the System after such changes will indicate your acceptance of such changes and consent to abide and be bound by the changes.
2. System Information.
We provide users of the System with access to certain content and services related to data collection and monitoring for your vehicle, which may include, without limitation:(a) diagnostic information; (b) location information, including data collected from location services, such as via a Global Positioning System (GPS); (c) an accelerometer; (d) maintenance status and information; (e) vehicle performance and operation; and (f) vehicle condition information, and accidents, as well as vehicle breakdown and malfunction requiring roadside assistance. We may also provide certain services, including emergency response and roadside assistance. Such content and services are also part of the "Services"
Fees for use of the System are set out elsewhere within the System, including on the Site and App. You are responsible for providing, at your own expense, all equipment necessary to use the System, with the exception of the Device.You must provide, at your own expense, a mobile device and/or computer, a vehicle, and all other equipment and services necessary to access the App and Site.
The accuracy of the content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the accuracy of your vehicle’’s Onboard Diagnostic computer, content being downloaded and the strength and speed of your Internet connection, and whether some or all of our System is unavailable due to scheduled or unscheduled maintenance. Autobrain makes no representation or warranty regarding access to content available through the System, including the accuracy of content and the download speed of downloadable content.
We reserve the right to alter, modify, discontinue or otherwise change the System, including the pricing structure, available features, and equipment, at any time without any prior notice. Upon exercising this right, we shall not be held liable to you or any third party. Modifications may include the addition or removal of features, data transmission changes, alterations to the user interface, modifying the required Device, changes to the pricing structure, including adding additional premium services which may or may not require additional fees. Any modifications will be subject to this Agreement.
Autobrain provides the System "AS IS" and assumes no responsibility for the accuracy, validity and timeliness of the information.
3. Limited License.
By using the Autobrain System, including downloading the App, utilizing the Device, accessing the Site and/or Services, Autobrain hereby grants you a limited, non-exclusive, non-transferrable license to install and use the System. This includes a license to use the System for one authorized mobile device or computer, for one authorized vehicle, as set forth herein. Your acquired rights are subject to your compliance with this Agreement. Use of Autobrain’’s System for military or safety-critical purposes is expressly prohibited, including, but not limited to, leasing, licensing, selling, transferring, renting or otherwise providing any part of the System to another. The term of this license is effective from the date you begin use of the System until the date you terminate use of the System, or until termination of this license by Autobrain.
Except as set forth herein and as expressly provided by Autobrain, you may not utilize the System, or modify, copy, disable, distribute, or transfer any portion of it, except as expressly authorized in writing by Autobrain. You may not utilize Autobrain’’s logos, trademarks or content, including all intellectual property, except as authorized by Autobrain, which includes removal or modification of the same.
This license is limited to the lawful use of the System, including compliance with all relevant Federal, State and local laws and regulations, as well as compliance with all relevant laws, statutes and regulations of any location where the System is used, and Autobrain reserves all right, title and interest in all content associated with System, including copyrights, patents and trademarks. All rights not expressly granted herein are reserved by Autobrain.
From time to time, Autobrain may automatically install updates on the Device, App and Site, and the App and Device may automatically download and install updates or upgrades, as well as implement changes. This license shall apply to all updates and/or upgrades.
4. Account Registration and Access
You may need to register to use all or part of the System. You represent and warrant that all information submitted to Autobrain in connection with such registration is complete and accurate. To access the System and utilize its features, you may be asked to create a user account with a User ID and password. This allows you to login to your Account and utilize functions and data of the System. An Account can be created using the ““Create Account””feature on the System, which requests certain registration information. Creating an account indicates your acceptance of this Agreement, and your agreement to maintain accurate account information.
We may reject, or require that you change, for any reason, any user name, password or other information that you provide to us during registration. Your user name and password are for your personal use only and must be kept confidential; you (and not Autobrain) are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Subject to the terms set forth on the System, you agree that you are responsible for paying all fees associated with use of the System. If you subscribe to any feature requiring payment of fees, you agree to pay all fees in a timely manner. You agree that the payment information you provide is accurate, complete and valid, and that you are authorized to use this payment information.
If you are unable to pay, or your payment form is refused for any reason, including, but not limited to, fraudulent information provided by you, invalid payment information, or unavailable funds, Autobrain retains the right to suspend or terminate your use of the System, either permanently or temporarily. We may also charge a fee for reinstatement of your account, as well as payment of all overdue amounts. We may charge fees for our efforts in collecting refused or uncollected payments, including attorney’’s fees and other collection fees. funds, Autobrain retains the right to suspend or terminate your use of the System, either permanently or temporarily. We may also charge a fee for reinstatement of your account, as well as payment of all overdue amounts. We may charge fees for our efforts in collecting refused or uncollected payments, including attorney's fees and other collection fees.
6. Jurisdictional Issues.
The System is controlled and operated by Autobrain from the United States, and is not intended to subject Autobrain to the laws or jurisdiction of any country or territory other than that of the United States. By use of the System, you acknowledge that Autobrain is bound solely by United States law. Autobrain neither represents nor warrants that the System or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the System, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other laws and regulations restricting exports. We may limit the availability of the System, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the System are available in all states or territories.
7. Information Submitted Through the Site and/or Services.
8. Use of Your Information
We may provide aggregate information, including, but not limited to, headless data and statistics about use of the System, including individual use and performance, but these statistics will not utilize any personal information, and will not identify any individuals. Pursuant to our obligations under the law, we may be required to release individual information about you to law enforcement, such as under court order or subpoena. We may provide aggregate information, including, but not limited to, headless data and statistics about use of the System, including individual use and performance, but these statistics will not utilize any personal information, and will not identify any individuals. Pursuant to our obligations under the law, we may be required to release individual information about you to law enforcement, such as under court order or subpoena.
9. Rules of Conduct.
You must comply with all applicable laws, rules and regulations while accessing or using the System. In addition, we expect users to respect the rights and dignity of others. Your use of the System is conditioned upon your compliance with the rules set forth in this section. You must not:You must comply with all applicable laws, rules and regulations while accessing or using the System. In addition, we expect users to respect the rights and dignity of others. Your use of the System is conditioned upon your compliance with the rules set forth in this section. You must not:
Post, transmit, or otherwise make available, through or in connection with the System, (a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; or (iii) obscene, indecent, pornographic or otherwise objectionable ; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, patent, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;(d) any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
Use the System (a) to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); (c) for any other fraudulent or unlawful purpose (d) interfere with or disrupt the operation of the System or the servers or networks used to make the System available (including by taking any action that imposes an unreasonable or disproportionately large load upon the System or upon servers or networks in communication with or a part of the System) or violate any requirements, procedures, policies or regulations of such servers or networks; (e) use the System to harass, track, stalk or collect information about vehicles not registered to you, owned by you, or to which you are otherwise not entitled to receive information about; (f) restrict or inhibit any other person from using the System (including by hacking or defacing the System); (g) use the System to advertise or offer to sell or buy any goods or services; (h) license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the System or any access to or use of the System; (i) modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the System; (j) remove any copyright, trademark, patent or other proprietary rights notice from the System or any materials available through the System; (k) drive in a manner so as to generate excessive alerts as determined by Autobrain in its sole discretion; and (l) systematically download or store content from the System. Notwithstanding the foregoing, Autobrain grants the operators of public search engines permission to use spiders to copy materials from the System for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Autobrain reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you (and not Autobrain) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Autobrain, and paying all charges related thereto. We may terminate your use of the System for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above (including, without limitation, if you engage in copyright infringement via or in connection with the System, or if you use the System to track or harass other parties whom you are not lawfully allowed or entitled to track).
10. Third Party Sites and Information; Links; Interaction with Third Parties.
The System may provide interaction with our sites, apps or companies, on the web or otherwise (such as through telephone or email), and may link you to information or services provided by third parties. Autobrain is not responsible for the accuracy, legality or validity, legal or otherwise, of the content of such sites and apps. Unless explicitly stated otherwise, a link or reference to a third party does not constitute an endorsement of that party, nor does it constitute a warranty, either express or implied, as to the product or service offered by that party.
YOU AGREE THAT YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY CONTENT.
Autobrain may, however, contract with certain third-party providers to provide Services to you, and may provide certain information to those third parties. Third party contractors may be used for a variety of services including, but not limited to, (a) call center and helpline; (b) alarm monitoring of the vehicle; (c) roadside assistance; (d) mapping software; and (e) software services.
11. Intellectual Property and Autobrain's Proprietary Rights.
We and/or our licensors and suppliers own the information and materials, including all content, software, communications, images, photographs, music, videos, sounds and all other material made available through the System. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws, and are the sole property of Autobrain, its affiliates, and/or its partners. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the System or any information or materials made available through the System.
All trade names, trademarks and service marks on the System, unless otherwise specified, including without limitation AUTOBRAIN, and the AUTOBRAIN logo, are owned by Autobrain. Such trade names, trademarks and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the System should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without the express prior written consent of Autobrain. Autobrain makes no warranties or representations that your use of any content or materials displayed throughout the System will not infringe the rights of third parties.
12. Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the System infringe your copyright, you (or your agent) may send Autobrain a written notice by mail, email or fax, requesting that Autobrain remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Autobrain a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Autobrain's DMCA Agent: by mail to Mr. Andrew D. Bochner, Esq., DMCA Agent, Cowan, Liebowitz & Latman, P.C., 1133 Avenue of the Americas, New York, New York, 10036; by email to email@example.com; or by fax to (212) 575-0671.
We suggest that you consult an attorney before submitting a notice or counter-notice.
The System may make available certain functionality through which you are able to post, send or make available information and materials (each, a "Submission"). For purposes of clarity, you assign ownership rights to us, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the System, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site or Services as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Submissions for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Submission.
Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) ("Input"), whether related to the System or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place Autobrain under any fiduciary or other obligation; and (b) any Input is not confidential and Autobrain has no confidentiality obligations with respect to such Input. Without limiting the foregoing, all Input shall be deemed a Submission and licensed to us pursuant to this Agreement. You agree to assign all patent rights to us, to the extent that your Submissions qualify you as an inventor under relevant patent laws.
We may (but have no obligation to) monitor, evaluate or alter Submissions before or after they appear on the System. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.
Autobrain reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to not honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Refunds and exchanges will be subject to Autobrain’’s refund and exchange policies in effect, which include but are not limited to the following:
You will be automatically billed on a monthly basis. Your subscription will automatically renew. The automatic renewal amount may change, subject to the terms of this Agreement, for any reason, including, but not limited to, fee increases. If you wish to cancel your recurring monthly subscription, cancellations must be received three (3) business days prior to the start of the next billing cycle in order to receive a complete refund. If Autobrain fails to receive your cancellation three (3) business days prior to the start of the next billing cycle, payment is due in full for the next billing cycle. You will continue to be billed until you cancel your subscription. By accessing and/or continuing to use the System, you agree that you consent to these terms and agree to be bound by them.
You agree to pay all charges that may be incurred by you or on your behalf through the System, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
17. Accuracy of Information; Products, Content and Specifications
18. DISCLAIMER OF WARRANTIES
THE SITE, SERVICES AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU ““AS IS””WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE ORSERVICES. AUTOBRAIN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
19. LIMITATION OF LIABILITY.
AUTOBRAIN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY,INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, ORUNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES,EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, AUTOBRAIN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TOACCESS OR USE, THE SITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES BY AUTOBRAIN OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE USING THE SITE ORSERVICES. THE MAXIMUM LIABILITY OF AUTOBRAIN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AUTOBRAIN TO ACCESS AND USE THE SITE OR SERVICES.
While we try to maintain the integrity and security of the System and the servers from which the System are operated, we do not guarantee that the System will be or remain secure, complete or correct, or that access to the System will be uninterrupted. The System may include inaccuracies, errors and materials that violate or conflict with this Agreement.Additionally, third parties may make unauthorized alterations to the System. If you become aware of any unauthorized third party alteration to the Site or Services, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the System where such material(s) appears.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Autobrain from and against all claims, losses, costs and expenses (including attorneys's fees) arising out of (a) your use of, or activities in connection with, the System; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
This Agreement is effective until terminated. Autobrain may terminate your access to or use of the System, at any time and for any reason, including if Autobrain believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the System will immediately cease. You agree that any termination of your access to or use of the System may be effected without prior notice, and that Autobrain may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Autobrain shall not be liable to you or any third party for any termination of your access to the System or to any such information or files, and shall not be required to make such information or files available to you after any such termination.This Agreement is effective until terminated. Autobrain may terminate your access to or use of the System, at any time and for any reason, including if Autobrain believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the System will immediately cease. You agree that any termination of your access to or use of the System may be effected without prior notice, and that Autobrain may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Autobrain shall not be liable to you or any third party for any termination of your access to the System or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
22. Governing Law and Arbitration
This Agreement is governed by the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AUTOBRAIN, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRALARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE OR SERVICES, YOU AGREE THAT YOU AND AUTOBRAIN ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOURACCESS TO OR USE OF THE SYSTEM, YOU AGREE THAT ANY ARBITRATIONUNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in New York County, State of New York, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
For any dispute not subject to arbitration, you and Autobrain agree that the United States District Court for the Southern District of New York, or in the alternative, the Supreme Court of the State of New York, New York County, is the exclusive jurisdiction and venue, and that, should such an action arise, you agree to waive objections to personal jurisdiction, should they exist. You also agree to receipt of service by any reasonable means, including service by mail, and waive all jurisdictional defenses
If any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, then the validity, legality or enforceability of the remaining provisions of the Agreement shall not be affected thereby. To the extent permitted by applicable law, the parties waive any provisions of law that render any provision of the Agreement invalid, illegal or unenforceable in any respect.
24. Contact Us.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and On Guard Online (http://onguardonline.gov/). Please note that Autobrain does not endorse any of the products or services listed at such sites.
26. Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the System, please contact us by writing to Autobrain Customer Service, PO Box 810071 Boca Raton, FL 33481, or by calling us at 1-866-400-4842. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Autobrain. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Autobrain relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Autobrain relating to such subject matter. Notices to you may be made via posting to the System, by e-mail, or by postal mail, in Autobrain's discretion. The System may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that 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. Autobrain will not be responsible for failures to fulfill any obligations due to causes beyond its control.