AutocardAnywhere Terms of Service
Last revised on 19th October 2015.These Terms of Use, as amended from time to time, apply to each user of the AutocardAnywhere browser extension software applications (the "Browser Extension Software") and the AutocardAnywhere website at AutocardAnywhere.com (together with the Web Application and the Browser Extension Software, the "AutocardAnywhere Service") owned and operated by Obtuse Goose Ltd ("we" or "us", "our", "the company").
We offer the AutocardAnywhere Service, including all information, tools and services available from the AutocardAnywhere Service, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the AutocardAnywhere Service constitutes your agreement to these Terms of Use and is subject to these Terms of Use and all applicable laws, rules and regulations. The Terms of Use shall commence on the earlier to occur of the date you add the AutocardAnywhere Service to your web browser software application (the "Browser Software") and the date you first use or access the Browser Extension Software.
We reserve the right to modify, add or delete portions of these Terms of Use. You are responsible for reviewing these Terms of Use often enough to stay abreast of any changes. We will post a notice of any material changes to these Terms of Use on the AutocardAnywhere Service, by sending you a message through Facebook, Twitter, or otherwise. Your use of the AutocardAnywhere Service following any change or amendment to these Terms of Use constitutes your acceptance of such change or update. If you do not agree to abide by these or any future Terms of Use, you are not authorised to use or access (or continue to use or access) the AutocardAnywhere Service. If you pay to use any feature of the AutocardAnywhere Service and we make a change to the Terms of Use that is materially adverse to your interests, you may terminate your subscription by providing written notice of termination within ten business days after we provide notice of such change. For clarity, we will not be obligated to refund any fees that you have paid for any such feature prior to the date of termination and you will still be obligated to pay us any unpaid fees that have been accrued for any such feature prior to the date of termination.
Privacy
We believe strongly in user privacy. Please refer to the AutocardAnywhere Service's Privacy Policy for information on how we collect, use and disclose personal information from users of the AutocardAnywhere Service. Your use of the AutocardAnywhere Service signifies your acknowledgment of, and consent to, the processing of personal data described in the AutocardAnywhere Service's Privacy Policy.Eligibility
If you are less than 18 years old, or less than 21 years old if you live in a state or country where the age of majority is 21, you are not authorised to register or submit any content or information in connection with the AutocardAnywhere Service without the explicit consent of your parent or legal guardian.Use of the AutocardAnywhere Service
You may access and use the AutocardAnywhere Service solely in accordance with these Terms of Use. Any other access or use of the AutocardAnywhere Service or the content on the AutocardAnywhere Service (including, without limitation, text, data, reports, design elements, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (the "Service Content"), including but not limited to the modification, distribution, transmission, performance, display, broadcast, publication, uploading, licensing, reverse engineering, transfer, sale or resale of, or the creation of derivative works from, any material, information, software, products or services obtained from the AutocardAnywhere Service, or use of the AutocardAnywhere Service for purposes competitive to the Company, is expressly prohibited.You may not use any hardware or software intended to damage or interfere with the proper working of the AutocardAnywhere Service or to surreptitiously intercept any system, data or personal information from the AutocardAnywhere Service. You agree not to interrupt or attempt to interrupt the operation of the AutocardAnywhere Service in any way.
You or third parties acting on your behalf are not allowed to frame the AutocardAnywhere Service or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilise framing techniques or technology to enclose any Service Content without the Company's express written consent. Further, you may not utilise any Service Content in any meta tags or any other "hidden text" techniques or technologies without the Company's express written consent.
The Company reserves the right, in its sole discretion, to limit or terminate your access to or use of the AutocardAnywhere Service at any time without reason, notice to you or any liability on our part. Neither these Terms of Use nor termination of your access or use of the AutocardAnywhere Service will waive or adversely affect any other right or relief to which the Company may be entitled at law or in equity.
Accuracy, Completeness and Timeliness of Information on the AutocardAnywhere Service
The Company is not responsible for the accuracy, completeness or currency of information made available to you on the AutocardAnywhere Service and you should not rely on any such information being accurate, current or complete. The material provided to you by the AutocardAnywhere Service is provided for general information only. Any reliance on the material on the AutocardAnywhere Service is at your own risk. We reserve the right to modify the AutocardAnywhere Service at any time, but we have no obligation to update any information on the AutocardAnywhere Service.Materials You Submit
You acknowledge that you are responsible for any material you may post or submit to the AutocardAnywhere Service, including all information and content that is provided by you or other users and to which you then grant the AutocardAnywhere Service access (collectively, "User Content"). Your responsibilities include the legality, reliability, appropriateness, originality and copyright of any User Content. You may not upload to, distribute, grant access to or otherwise publish through the AutocardAnywhere Service any User Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam". You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any User Content. You may not upload commercial content onto the AutocardAnywhere Service.Unless we indicate otherwise, you grant the Company and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display User Content, throughout the world in any media, subject in each case to the restrictions set forth in the AutocardAnywhere Service's Privacy Policy. You further agree that the Company and its affiliates are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to the Company or its affiliates. You represent and warrant that you own or otherwise control all the rights to User Content; that User Content is accurate; that use of User Content does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify the Company and its affiliates for all claims resulting from User Content.
Additional User Obligations
In connection with your use of the AutocardAnywhere Service, you represent and warrant that you will not, and will not allow any third party to:- Violate any proprietary rights of any person or entity;
- Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the AutocardAnywhere Service or Service Content;
- Use the AutocardAnywhere Service in any manner that could damage, disable, overburden, or impair the AutocardAnywhere Service, the Company, or any other person or entity;
- Attempt to circumvent the technical and organisational safeguards we have implemented to prevent you from (i) collecting any personally identifiable information (including usernames and/or email addresses) about other users of the AutocardAnywhere Service; (ii) creating or transmitting unwanted electronic communications to other users of the AutocardAnywhere Service; or (iii) otherwise interfering with such users' enjoyment of the AutocardAnywhere Service;
- Use the AutocardAnywhere Service to further or promote any illegal activity or enterprise, including fraud, trafficking in obscene material, pornography, drug dealing, gambling, harassment, stalking, spamming, or distributing viruses or other harmful files;
- Use the AutocardAnywhere Service in violation of these Terms of Use or any applicable laws or regulations;
- Take any action to interfere with the AutocardAnywhere Service or any other user's use of the AutocardAnywhere Service; or
- Attempt to bypass any measures we may use to prevent or restrict access to the AutocardAnywhere Service or related data.
Browser Extension Software Licence
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.Safari Extensions Gallery The terms and conditions in this paragraph apply to you only if you are using Browser Extension Software from the Safari Extensions Gallery. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Browser Extension Software from the Safari Extensions Gallery. You acknowledge and agree that these Terms of Use are solely between you and the Company, not Apple, and that Apple has no responsibility for the Browser Extension Software or content thereof. Your use of the Browser Extension Software must comply with the Safari Extensions Gallery Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Browser Extension Software. In the event of any failure of the Browser Extension Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Browser Extension Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Browser Extension Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and the Company acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Browser Extension Software or your possession and/or use of the Browser Extension Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Browser Extension Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Browser Extension Software or your possession and use of that Browser Extension Software infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Browser Extension Software. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your licence of the Browser Extension Software, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Chrome Web Store The terms and conditions in this paragraph apply to you only if you are using Browser Extension Software from the Chrome Web Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Browser Extension Software from the Chrome Web Store. You acknowledge and agree that these Terms of Use are solely between you and the Company, not Google, and that Google has no responsibility for the Browser Extension Software or content thereof. Your use of the Browser Extension Software must comply with the Chrome Web Store Terms of Service. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Browser Extension Software. In the event of any failure of the Browser Extension Software to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if any, for the Browser Extension Software to you; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Browser Extension Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and the Company acknowledge that Google is not responsible for addressing any claims of you or any third party relating to the Browser Extension Software or your possession and/or use of the Browser Extension Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Browser Extension Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Browser Extension Software or your possession and use of that Browser Extension Software infringes that third party's intellectual property rights, the Company, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Browser Extension Software. You and the Company acknowledge and agree that Google, and Google's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your licence of the Browser Extension Software, and that, upon your acceptance of the Terms of Use, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
addons.mozilla.org ("AMO") The terms and conditions in this paragraph apply to you only if you are using Browser Extension Software from AMO. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Browser Extension Software from AMO. You acknowledge and agree that these Terms of Use are solely between you and the Company, not Mozilla, and that Mozilla has no responsibility for the Browser Extension Software or content thereof. Your use of the Browser Extension Software must comply with AMO Terms of Service. You acknowledge that Mozilla has no obligation whatsoever to furnish any maintenance and support services with respect to the Browser Extension Software. In the event of any failure of the Browser Extension Software to conform to any applicable warranty, you may notify Mozilla, and Mozilla will refund the purchase price, if any, for the Browser Extension Software to you; to the maximum extent permitted by applicable law, Mozilla will have no other warranty obligation whatsoever with respect to the Browser Extension Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and the Company acknowledge that Mozilla is not responsible for addressing any claims of you or any third party relating to the Browser Extension Software or your possession and/or use of the Browser Extension Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Browser Extension Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Browser Extension Software or your possession and use of that Browser Extension Software infringes that third party's intellectual property rights, the Company, not Mozilla, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Browser Extension Software. You and the Company acknowledge and agree that Mozilla, and Mozilla's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your licence of the Browser Extension Software, and that, upon your acceptance of the Terms of Use, Mozilla will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Opera Extensions Gallery The terms and conditions in this paragraph apply to you only if you are using Browser Extension Software from the Opera Extensions Gallery. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Browser Extension Software from the Opera Extensions Gallery. You acknowledge and agree that these Terms of Use are solely between you and the Company, not Opera, and that Opera has no responsibility for the Browser Extension Software or content thereof. Your use of the Browser Extension Software must comply with the Opera Extensions Gallery Terms of Service. You acknowledge that Opera has no obligation whatsoever to furnish any maintenance and support services with respect to the Browser Extension Software. In the event of any failure of the Browser Extension Software to conform to any applicable warranty, you may notify Opera, and Opera will refund the purchase price, if any, for the Browser Extension Software to you; to the maximum extent permitted by applicable law, Opera will have no other warranty obligation whatsoever with respect to the Browser Extension Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and the Company acknowledge that Opera is not responsible for addressing any claims of you or any third party relating to the Browser Extension Software or your possession and/or use of the Browser Extension Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Browser Extension Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Browser Extension Software or your possession and use of that Browser Extension Software infringes that third party's intellectual property rights, the Company, not Opera, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Browser Extension Software. You and the Company acknowledge and agree that Opera, and Opera's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your licence of the Browser Extension Software, and that, upon your acceptance of the Terms of Use, Opera will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Reservation of Intellectual Property rights
You do not acquire any right, title or interest in the AutocardAnywhere Service or any Service Content by virtue of accessing the AutocardAnywhere Service or making use of the permitted uses allowed under these Terms of Use. The Company, or its licensors or content providers, retain full and complete title to the AutocardAnywhere Service and the Service Content, including all associated intellectual property rights. The Company neither warrants nor represents that your use of the AutocardAnywhere Service or the Service Content will not infringe rights of third parties.Trademarks and Copyrights
Trademarks, logos and service marks displayed on the AutocardAnywhere Service are registered and unregistered trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the AutocardAnywhere Service shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the AutocardAnywhere Service without the owner's prior written permission, except as otherwise described herein. The Company reserves all rights not expressly granted in and to the AutocardAnywhere Service and the Service Content. The AutocardAnywhere Service and the Service Content are protected as a compilation under the copyright laws of the United Kingdom and other countries.The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the AutocardAnywhere Service, including material you provide to us, and so we have an absolute right to remove any material from the AutocardAnywhere Service in our sole discretion at any time.
Apple and Safari are trademarks of Apple Inc., registered in the U.S. and other countries. Safari Extensions Gallery is a service mark of Apple Inc.
Chrome and Chrome Web Store are trademarks of Google Inc.
Mozilla, Firefox and mozilla.org are registered trademarks of the Mozilla Foundation
Opera is a trademark of Opera Software ASA
DISCLAIMERS
YOUR USE OF THE AUTOCARDANYWHERE SERVICE IS AT YOUR SOLE RISK. THE AUTOCARDANYWHERE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE AUTOCARDANYWHERE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE AUTOCARDANYWHERE SERVICE OR THE SERVICE CONTENT IS NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE AUTOCARDANYWHERE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE AUTOCARDANYWHERE SERVICE WILL BE SECURE; THAT THE AUTOCARDANYWHERE SERVICE OR THE SERVER THAT MAKES THE AUTOCARDANYWHERE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE AUTOCARDANYWHERE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE AUTOCARDANYWHERE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE AUTOCARDANYWHERE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE AUTOCARDANYWHERE SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE AUTOCARDANYWHERE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE AUTOCARDANYWHERE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORISED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AUTOCARDANYWHERE SERVICE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE AUTOCARDANYWHERE SERVICE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE AUTOCARDANYWHERE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE AUTOCARDANYWHERE SERVICE, THE COMPANY'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE AUTOCARDANYWHERE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE AUTOCARDANYWHERE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE AUTOCARDANYWHERE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE AUTOCARDANYWHERE SERVICE. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AUTOCARDANYWHERE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE AUTOCARDANYWHERE SERVICE OR ANY CONTENT CONTAINED THEREIN, OUR LIABILITY SHALL IN NO EVENT EXCEED: (A) IF YOU HAVE BEEN CHARGED FOR YOUR USE OF ANY FEATURE OF THE AUTOCARDANYWHERE SERVICE, THE FEES WE EARNED AND RECEIVED FROM YOU FOR YOUR USE OF THE AUTOCARDANYWHERE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INITIAL CLAIM GIVING RISE TO LIABILITY HEREUNDER OR (B) IF YOU HAVE USED THE AUTOCARDANYWHERE SERVICE WITHOUT CHARGE, U.S. $5.00.Indemnification
You agree to indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the AutocardAnywhere Service and any violation of these Terms of Use, including, without limitation, (i) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right, (ii) any claims that your use of the AutocardAnywhere Service caused damage to a third party, (iii) violations of any and all applicable laws, rules or regulations from any jurisdiction, and (iv) your encouragement, assistance or enablement of any third party's violation of any of the provisions, laws, rules, regulations, rights or agreements described above. If you cause a technical disruption of the AutocardAnywhere Service or the systems transmitting the AutocardAnywhere Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defence of such matter.Jurisdiction and Applicable Law
Your use of the AutocardAnywhere Service, these Terms of Use, and any other agreement we enter with you in connection with your use of the AutocardAnywhere Service will be governed by the laws of the United Kingdom; the U.N. Convention on Contracts for the International Sale of Goods does not apply. For any action arising out of or relating to these Terms of Use, you submit to the exclusive jurisdiction of the United Kingdom; provided, however, that we may institute proceedings against you in any other court in order to enforce our rights through specific performance, injunction or other equitable relief.We recognise that it is possible for you to obtain access to the AutocardAnywhere Service from any jurisdiction in the world, but we have no practical ability to prevent such access. The AutocardAnywhere Service has been designed to comply with the laws of the United Kingdom. If any material on the AutocardAnywhere Service, or your use of the AutocardAnywhere Service, is contrary to the laws of the place where you are when you access it, the AutocardAnywhere Service is not intended for you, and we ask you not to use the AutocardAnywhere Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Changes to the AutocardAnywhere Service
The Company reserves the right to terminate or modify the AutocardAnywhere Service or to change any Service Content with or without prior notice for any reason. You agree that the Company will not be liable for any discontinuation of or changes to the AutocardAnywhere Service or the Service Content.Assignment
The Company may assign any of its rights or obligations under these Terms of Use to (a) any subsidiary or affiliate of the Company; (b) any entity that acquires all or substantially all of the assets of the Company; or (c) any entity that acquires all or substantially all of the Company's interest in the AutocardAnywhere Service or the assets related thereto. The Terms of Use (and your account on the AutocardAnywhere Service) are personal to you and may not be transferred or assigned.Communications
You consent to receive electronic communications from us and agree that email communications to the email address provided to us, notices posted on the AutocardAnywhere Service or messages displayed when you enter the AutocardAnywhere Service satisfy any legal requirement that such communications be in writing.Links
The AutocardAnywhere Service may contain links to other Web sites, some of which are operated by the Company or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on such sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.International Users
The AutocardAnywhere Service is controlled and operated within the United Kingdom. We make no representation that content, materials or products available on or through the AutocardAnywhere Service are appropriate or available for use outside of the United Kingdom. If you access the AutocardAnywhere Service from a location outside the United Kingdom, you are responsible for compliance with applicable laws, including U.K. export laws and regulations. By using this site and submitting any personal information, visitors from outside of the United Kingdom acknowledge that this site is subject to U.K. law, consent to the transfer of personal data to the U.K., and waive any claims that may arise under their own national laws.Additionally, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.