Terms and Conditions of Use
TERMS AND CONDITIONS FOR AUTOSHOPLINKS.COM INTERNET ADVERTISING
PLEASE READ BELOW FOR THE TERMS AND CONDITIONS. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE THAT THESE TERMS AND CONDITIONS GOVERN YOUR PARTY’S OBLIGATIONS REGARDING THE ADVERTISING AND OTHER ITEMS DESCRIBED IN YOUR ADVERTISEMENT APPLICATION. YOU MAY CHOOSE TO PRINT AND KEEP A COPY OF THIS NOTICE FOR YOUR REFERENCE. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS DOES NOT OBLIGATE AUTOSHOPLINKS.COM TO PUBLISH ANY ADVERTISING. ALL ADVERTISEMENT APPLICATIONS ARE SUBJECT TO REVIEW. AUTOSHOPLINKS.COM MAY CHOOSE TO DECLINE, REJECT OR DISCONTINUE YOUR APPLICATION, IN WHOLE OR IN PART, FOR ANY REASON.
SECTION 1 - APPLICATION FOR ADVERTISING
By submitting my online application and accepting these terms and conditions by clicking "I accept," or by not refuting these terms and conditions (provided via a link in the confirmation e-mail sent to me after placing a telephone order with an AutoShopLinks.com representative) within the given thirty (30) day period, I am requesting and authorizing AutoShopLinks.com to publish advertising ("Electronic Advertising") for services published on various electronic media, including, without limitation, AutoShopLinks.com’s service ("Electronic Directory" or "Directory"). Electronic Advertising may include websites or other items not necessarily linked to the Electronic Directory that was requested on this Application or through the telephone order. The "Date of the Application" is the date I clicked to accept these terms and conditions and submitted my order in connection with these terms and conditions (or, if these events occurred on two different dates, the later of the two dates), or spoke with an AutoShopLinks.com representative upon placing my telephone order. “Application” refers to the request of any Advertising services from AutoShopLinks.com in any media or form, including, but not limited to an on-line order, a phone order (speaking to an AutoShopLinks.com representative and submitting to him/her the necessary information to set up an account/store profile), etc. The "Application" consists of my order together with these terms and conditions. "I" or "Advertiser" means the person who is the subject of the advertising described in this Application. I may be an individual, corporation or other entity or organization.
SECTION 2 - AUTOSHOPLINKS.COM NOT BOUND TO PUBLISH
I understand this Application is not an agreement by AutoShopLinks.com to publish my advertising and for any reason, AutoShopLinks.com may choose not to publish my advertising. If AutoShopLinks.com does not publish my advertising, it will refund any money I previously paid while the advertisement was not published and will terminate any further obligation to me, and in return, I will have no further obligation to AutoShopLinks.com. If for any reason, AutoShopLinks.com chooses to discontinue my advertisement, it will refund the remaining prorated balance from that day through the end of the term.
SECTION 3 – ADVERTISING PAYMENT
(a) Credit Approval: I authorize AutoShopLinks.com to contact third parties as however AutoShopLinks.com may deem appropriate (including without limitation, any Advertiser’s banks, creditors and any credit reporting agency) for verification purposes of any information provided by the Advertiser in connection with the Application (Internet or Phone) and obtaining credit information regarding the Advertiser.
(b) Restrictive Covenants and Conditional Endorsements: The acceptance of any payment or instrument marked with any restrictive covenant or other limited or conditional endorsement will not be deemed a waiver of any of AutoShopLinks.com’s rights under this Application.
(c) Billing Party: Bills for advertising may be submitted by AutoShopLinks.com, by an Affiliate of AutoShopLinks.com, or by an unrelated party. I understand my obligations to AutoShopLinks.com, as they may arise throughout the period covered by this Application, will not be enlarged or reduced as a result of any act, or failure to act, by AutoShopLinks.com with respect to billing or by any other billing party pursuant to the terms of its agreement with AutoShopLinks.com pertaining to the submission of bills on behalf of AutoShopLinks.com.
(d) Payment by Credit Card: If I am paying with a credit card, if there are any annual, monthly, or similar periodic charges for any advertising, the charges for such advertising will be billed automatically to my credit card at the start of the annual, monthly, or similar periods. All charges for advertising to be paid by credit card will be billed to the credit card designated during the application process for such advertising. If I wish to designate a different credit card, or if there is a change in the availability or expiration date of the designated credit card, or if I believe someone has accessed AutoShopLinks.com’s "Login / Register" section of AutoShopLinks.com’s web site using my user name and password, I must notify AutoShopLinks.com through the provided contact information in the “Contact Us” section of AutoShopLinks.com web site. All advertising payments are non-refundable except as expressly set forth herein.
SECTION 4 - ADVERTISING CONTENT
(a) Advertising Copy: "Advertising Copy" means all Advertiser Copy (hereinafter defined) and other content that I provide to AutoShopLinks.com or that is otherwise included in my advertising or on-line business profile, including without limitation content that I authorize or request AutoShopLinks.com to include, or that is submitted on-line by me or any person(s) using my password(s) ("Password User(s)"). I will furnish all Advertising Copy to AutoShopLinks.com prior to the deadlines set by AutoShopLinks.com. AutoShopLinks.com has the right to approve the content, form, size, wording, typography and illustrations of the Advertising Copy. AutoShopLinks.com may change each name, street address, Internet address and telephone number(s) or any other content in the Advertising Copy to conform to AutoShopLinks.com’s standards, practices and policies, and any third parties upon whose site or network the Advertising Copy may be published by or through AutoShopLinks.com.
(b) Right to Use Advertiser Copy: I represent and warrant that I have the absolute and unrestricted right and authority to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works from any and all content, including all text, graphics, illustrations, symbols, logos, names, addresses, trade names, trademarks, service marks, pictures, photographs or other likenesses of persons (including minor persons), and endorsements provided by me or by a third party on my behalf ("Advertiser Copy") in any medium and in (or in connection with) any listing or advertisement published under this Application in the way it is used in any such listing or advertisement (or in connection with such listing or advertisement) without the consent or authorization of any other person or entity. I also represent and warrant that (i) I have the right to provide the Advertiser Copy to AutoShopLinks.com and the right and authority to grant AutoShopLinks.com the additional rights afforded by these terms and conditions (including without limitation Sections 4(f) below) without the consent or authorization of any other person or entity; and (ii) the exercise of any such rights, licenses, or authorizations by AutoShopLinks.com or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. If my right and authority to use any Advertiser Copy, or any portion of any Advertiser Copy, changes or any proceedings contesting that right and authority are initiated, I will notify AutoShopLinks.com promptly in writing. I agree that I am solely responsible for the enforcement and protection of any of my intellectual property included in (or in connection with) my advertising.
(c) Advertiser’s Representations: I represent and warrant that (i) the statements contained in the Advertising Copy are truthful and not misleading; (ii) I am authorized to provide the services and products advertised; (iii) the Advertising Copy complies with all applicable laws and regulations; (iv) I have all of the applicable licenses and permits required to provide the goods and services I am advertising (or offering or selling in connection with my Advertising) in all of the geographic areas covered by the Directory and to advertise under all of the headings under which I am seeking to place my advertising; and (v) I will notify AutoShopLinks.com immediately if I become aware of any facts or circumstances indicating that any of my representations in this Section are, or become, untrue.
(d) AutoShopLinks.com’s Rights in Advertising Copy: If AutoShopLinks.com creates or supplies any Advertising Copy for me, I agree that: (i) I am responsible for the content, but that AutoShopLinks.com retains all rights in and/or ownership of any such Advertising Copy and I will not have any right therein except as expressly set forth in this Application; (ii) AutoShopLinks.com reserves the right to supply such Advertising Copy to other advertisers; (iii) I have no right to use advertising developed with content created or supplied by AutoShopLinks.com except in connection with this Application; and (iv) I will not have the right to allow others to use such advertising or any such content. I waive any and all rights of attribution and integrity and other statutory and common law rights of every kind relating to any Advertising Copy. It is my responsibility to review any Advertising Copy prior to AutoShopLinks.com’s deadlines.
(e) Appearance: I acknowledge that my published advertising may be of a lower quality or otherwise differ from the original Advertiser Copy or from copy layout sheets supplied by AutoShopLinks.com in clarity, color, contrast, focus, size and other features. AutoShopLinks.com has advised me against the use of Advertiser Copy that is unclear, low contrast or otherwise substandard, and I release AutoShopLinks.com from any liability for advertising of inferior quality produced from substandard Advertiser Copy. I acknowledge that the size, color, font, highlighting and arrangement of enhanced listing items in Electronic Advertising may be adjusted from that appearing in any sales collateral or copy sheet and from web page to web page, and that the associated listing’s enhancements may be omitted (e.g., the listing may appear as a basic listing) as a result of a distribution affiliate’s or user’s applicable hardware, software or system limitations or browser settings or the manner in which the listing is transferred to any third party prior to its display to the user.
(f) Multi-Media Distribution: I grant AutoShopLinks.com the absolute, non-exclusive, irrevocable, royalty-free, unrestricted right, license and authority to: (i) use, reproduce, publish, publicly perform, display, distribute and prepare derivative works based upon any Advertising Copy, and any changes thereto that I or my Password Users or other agents provide to AutoShopLinks.com hereunder, or that AutoShopLinks.com or its agents may otherwise develop or use hereunder, in whole or in part, in such manner, format, and media as AutoShopLinks.com may deem appropriate and for such purposes as it may see fit, subject to applicable law (including without limitation, microfiche, CD-ROM, print and Internet-based information services owned or operated by AutoShopLinks.com, or which are otherwise powered by any such information service, and during the term of this Application and for as long as any such materials remain in circulation), which right, license and authority will be perpetual as to any business name, address, phone number and other basic listing information included in any Advertising Copy; and (ii) grant third parties the right, sublicense and authority to exercise all or any portion of the rights afforded to AutoShopLinks.com in this Section 4, and to further sublicense these rights, subject to such terms and conditions as AutoShopLinks.com may deem appropriate. AutoShopLinks.com, its sublicensees, and their sublicensees may use any means of communications or transmission in their exercise of any of the rights and licenses granted above, without limitation.
(g) Advertising Including Information on Pricing and Promotions: I agree that, in addition to otherwise complying with all policies, specifications and standards issued by AutoShopLinks.com with respect to pricing and/or discount percentage advertising, I will honor the prices or discount percentages quoted in my Advertising (and changes thereto) until it is removed from the Directory or until a published expiration date, whichever occurs first. Advertisers are encouraged to include expiration dates in any advertising that includes this type of information.
SECTION 5 - LOCATION OF ADVERTISEMENTS AND HEADINGS
I understand that:
- It is up to the sole discretion of AutoShopLinks.com and their representatives to choose, modify, and/or delete all advertisements, in part or whole, that will appear in the Directory or other AutoShopLinks.com related web-pages.
- AutoShopLinks.com has the right to approve, reject, or modify my advertisement at their sole discretion for any reason they deem necessary. AutoShopLinks.com will not be liable to me for any deviation from such policies, practices, or procedures.
- My advertisement, or the advertisements of any other advertiser, is not guaranteed by AutoShopLinks.com, nor is the positioning layout of such advertisement guaranteed by AutoShopLinks.com on it’s electronic directory page(s) or other AutoShopLinks.com related pages.
- The layout structure of the listing is induced for the user’s convenience, and AutoShopLinks.com does not guarantee the advertiser will provide the service or product described in their listing or will conform to all applicable legal or regulatory requirements for providing that product or service. AutoShopLinks.com does strongly urge all advertisers to uphold all advertised services and that they conform to all applicable legal or regulatory requirements for providing that product or service.
SECTION 6 - LIMITATION OF LIABILITY
I understand that, except for my obligations to pay AutoShopLinks.com’s damages under Section 10 and any additional obligations in any addendum hereto: (1) the total amount of damages that AutoShopLinks.com may recover from me related to this Application will not exceed the sum of the charges owed for the items of advertising at issue; and (2) AutoShopLinks.com agrees to waive any claim for damages to the extent such damages exceed this amount. I agree: (1) that the total amount of damages that I may recover from AutoShopLinks.com related to this Application will not exceed the lesser of (a) the amount (as determined by AutoShopLinks.com) by which the value of the item of advertising at issue was decreased or (b) the sum of the charges I have paid for the items of advertising at issue (the lesser amount being referred to as the "Liability Cap"); and (2) to waive any claim for damages to the extent such damages exceed the Liability Cap. AutoShopLinks.com will have no liability for any error, omission, or default with regard to items for which no charge is assessed. The limitation of liability in this Section 6 will apply to the full extent permitted by law. Further, it will apply to any claim that I may have against AutoShopLinks.com, any Affiliate or agent of AutoShopLinks.com, any party that provides fulfillment or other services related to this Application, or any "Third Party Distribution Contractors." "Affiliate" means any of its subsidiaries and/or any of its affiliates. "Third Party Distribution Contractors" means third parties for whom AutoShopLinks.com provides a co-branded or private-label directory or through whom AutoShopLinks.com otherwise provides its directory services. The claims covered by this limitation of liability include, but are not limited to: any claims based on contract violations, torts (such as negligence or strict liability) or any other legal or equitable ground; any claims for lost business revenues, profits or the cost of other forms of advertising; any claims based on any error or omission in my advertising; and any claims based on inaccessibility, interruptions, delays, defects, deletion of files or email, viruses or any failure of performance of AutoShopLinks.com.
In no event will AutoShopLinks.com, any Affiliate or agent of AutoShopLinks.com, or any Third Party Distribution Contractor, be required to correct, or to give any special notice regarding, any error or omission in any Directory.
If I do not desire to be bound by the Liability Cap, I understand that I can increase the Liability Cap with regard to paid advertising by agreeing to pay additional charges, which will be determined by mutual agreement between me and AutoShopLinks.com. If AutoShopLinks.com and I agree to, and I pay, these charges, the Liability Cap described herein will not apply, but I will be bound by the higher Liability Cap that I agree to with AutoShopLinks.com. Advertisers interested in obtaining additional information should contact AutoShopLinks.com via e-mail at advertise@autoshoplinks.com or call our Customer Service Office at (310) 373-3140.
SECTION 7 - WHEN I MUST BRING ANY CLAIMS
Both, I as the Advertiser and AutoShopLinks.com and their agents agree that we have a mutual interest in resolving any disputes promptly as they occur. Therefore, if for any reason I believe I have a claim against AutoShopLinks.com, any Affiliate or agent of AutoShopLinks.com, or any Third Party Distribution Contractor, related to any Directory, I must make this claim within one year of the Date of the Application for the advertisement which is the subject of my claim. I agree and understand that this provision applies to any claims I may have against AutoShopLinks.com or any Affiliate or agent of AutoShopLinks.com or any Third Party Distribution Contractor related to my advertising, including any claim based on any error or omission in any advertisement. All claims against AutoShopLinks.com or any Affiliate or agent of AutoShopLinks.com or any Third Party Distribution Contractor must be in writing and must be mailed to AutoShopLinks.com at AutoShopLinks.com, 2017 Lomita Blvd. #2035 Lomita, CA 90717 or faxed to AutoShopLinks at (310) 602-6285 before expiration of the periods referenced above.
SECTION 8 - ARBITRATION; ATTORNEY’S FEES
AutoShopLinks.com can take any action to court in order to collect amounts due under Sections 3 (Payment for Advertising) and 26 (Amount of Payment) of this Application, and I may choose to bring an action in court to recover amounts I have paid under this Application for advertisements costs. ,If action proceeds to trial, it will be held in a court of competent jurisdiction, and AutoShopLinks.com and I each waive any trial by jury. Any subsequent dispute between the Advertiser (myself) and AutoShopLinks.com and/or any of AutoShopLinks.com’s officers, directors, employees or Affiliates, that is unable to reach settlement by amicable agreement concerning, arising from, or in connection with (i) this Application, (ii) the construction, performance or breach of these terms and conditions and any modifications thereof, (iii) any transactions between myself and AutoShopLinks.com, including but not limited to any accounts I maintain with AutoShopLinks.com, any advertising that AutoShopLinks.com publishes or does not publish for me and any statements that I or AutoShopLinks.com make to one another in connection with our transactions, or (iv) any issues as to whether a dispute is to be arbitrated between us, whether such disputes arose before, on, or subsequent to the Date of the Application, will be referred by the aggrieved party to arbitration under the rules of the American Arbitration Association, and this party will notify the other via a written notice of arbitration. Notice to AutoShopLinks.com must be mailed to AutoShopLinks.com 2017 Lomita Blvd. #2035 Lomita, CA 90717 or faxed to AutoShopLinks at (310) 602-6285 before expiration of the periods referenced above. I understand that I can obtain arbitration rules and fee information from the American Arbitration Association (www.adr.org). AutoShopLinks.com and I, the Advertiser, acknowledge that my use of any AutoShopLinks.com services, products, and/or features is evident as a transaction in interstate commerce and that the United States Arbitration Act and federal arbitration law will govern the interpretation, enforcement, and proceedings pursuant to this Section 8. In proceeding with our agreement to arbitrate, AutoShopLinks.com and I agree that the arbitrator will only have the right to move forward with claims between us, and will have no authority over claims of or on behalf of other persons, and we waive any right we may have to participate in any class, group or representative actions or arbitrations. AutoShopLinks.com and I also agree that the arbitrator may not award multiple or punitive damages, except as may be required by law. If the law requires that a claim only be brought in court, AutoShopLinks.com and Advertiser agree to arbitrate any related claims before proceeding in court, and further agree to waive any right to participate in any class actions and any trial by jury. AutoShopLinks.com and I agree that if this arbitration provision is invalid under applicable law with respect to any claim, then in any litigation which arises out of or concerns this Application, trial will be in a court of competent jurisdiction, but only after we have completed arbitration of all related claims. If it becomes necessary for one party to commence any arbitration, litigation, or collection action against the other, the prevailing party in such action will be entitled to recover all costs, including reasonable attorneys’ fees, except witness fees and in-house counsel costs associated with the action.
SECTION 9 – CHANGE OF ADVERTISER’S INFORMATION
If there is a change in any personal information (contact, billing, etc.) or store information (location, hours of operation, phone, etc.) of which I provided in the Application or if there is a sale of the assets or business described in my advertising, this does not release me from any of my obligations herein. However, if before any failure on my part (i) to pay any amount when due or (ii) to comply with any other obligation that exists or may arise under this Application, I provide proof to the satisfaction of AutoShopLinks.com via hard-copy signed letter or electronic e-mail correspondence, (1) that the phone number, street address or Internet address identified, referred to or used in any way in connection with my advertising (and of all successors, assigns and parties affiliated with, or related to, me) continues to be used or active in connection with the business or its assets; (2) that the business (and any successor, affiliated or related business) to which my advertising relates (or may relate) has ceased operation and has not and will not be reestablished during the remaining or additional term of the applicable Listing/Directory or Directories; and (3) that neither I nor any successors, assigns or parties affiliated with, or related to, me will receive, directly or indirectly, any further benefit from the advertising, then I will no longer be held responsible to AutoShopLinks.com for any succeeding charge for which I would otherwise become obligated beginning with the month following the month in which AutoShopLinks.com accepts my proof as satisfactory. Otherwise I will be obligated to pay the full term as described in these Terms and Conditions.
SECTION 10 – ADVERTISER WILL PAY AUTOSHOPLINKS.COM’S DAMAGES
To the full extent permitted by law, I will be responsible for and pay any expenses or damages incurred by AutoShopLinks.com, any affiliate or agent of AutoShopLinks.com, any party that provides fulfillment or other services to AutoShopLinks.com related to this Application, and any Third Party Distribution Contractor, including all of its attorney’s fees and expenses, which expenses or damages result from claims brought by other parties regarding (a) the publication of advertising as requested by this Application or in accordance with my Advertiser Copy (or changes Advertiser makes or requests thereto) or the content on or the operation of any website(s) included in my advertising or to which my advertising links, (b) any breach of any of my obligations, representations, warranties or covenants under this Application, (c) any communications through any Electronic Advertising (or any service ancillary thereto), or any collection or use of information obtained from end users of any Electronic Advertising (or any service ancillary thereto), (d) transactions initiated through any Electronic Advertising (including without limitation, any taxes (or tax rates) or shipping and handling charges applied thereto), (e) payment processing services provided by any third party, or (f) any agreement or arrangement between Advertiser and any third party (including without limitation any agreement(s) between Advertiser and a third party payment processing company). I will be obligated by this Section even after my Electronic Advertising has been cancelled or terminated.
SECTION 11 - NO APPROVAL OR ENDORSEMENT BY AUTOSHOPLINKS.COM
I understand that AutoShopLinks.com does not approve or endorse (a) any product or service described in my advertising or any other advertising it publishes; or (b) any user review of such products or services. I will not make any representation that AutoShopLinks.com does approve or endorse any product or service. I also understand that AutoShopLinks.com may publish advertising of any other person in any Directory or any related web-page at any time.
AutoShopLinks.com also does not endorse any items the Advertiser offers to the Consumer. These are only services that are available as advertising vehicles to attract consumers. They include but are not limited to the Sales/Promotions feature, Raffles, Sponsorships, and/or other related promotional items/services. I understand that this is an agreement between I, the Advertiser and the Consumer. The Advertiser (Automotive Store) should be contacted directly for any supplemental information regarding any feature/posting related to the Advertiser. AutoShopLinks.com is an independent entity and is not related to any Advertiser (Automotive Store) and Shop Owner on this website or to any other websites that are redirected to from AutoShopLinks.com.
SECTION 12 – COPYRIGHT OF AUTOSHOPLINKS.COM WEBSITE
I understand and agree that AutoShopLinks.com owns the copyright in the website and all copyrighted portions of the website. I can NOT use the “AutoShopLinks.com, The Ultimate Automotive Directory” name or likeness in part or whole in any form without a written agreement from AutoShopLinks.com.
SECTION 13 - SUCCESSORS AND ASSIGNS
This Application and the services I sign up for will be binding on and inure to the benefit of me and my successors. AutoShopLinks.com may assign this Application. I may not assign any of my rights or delegate any of my duties under the Application without prior written consent of AutoShopLinks.com. I am still responsible for the term of the contract and must provide written correspondence to AutoShopLinks.com of any changes as prescribed in this policy.
SECTION 14 - WAIVER OF RIGHTS
Except as otherwise stated in this Application and these terms and conditions (including the provisions of Section 7), the Advertiser nor AutoShopLinks.com will lose any of its rights under this Application even if it does not enforce a right or delays in enforcing a right, unless otherwise stated in this policy..
SECTION 15 - DISCOUNTS AND PROMOTIONS
AutoShopLinks.com reserves the right to create, revise or cancel a discount or promotional offering at any time. No discount offered regarding any Electronic Directory will obligate AutoShopLinks.com to offer any future discounts or promotional offers to the Advertiser.
Advertisers offering discounts, sales/promotions, raffles, sponsorships, and/or other related promotional items/services to the consumer are not endorsed or held accountable in any part to AutoShopLinks.com or its Affiliates. This is an agreement between the Advertiser and the Consumer.
SECTION 16 - REVIEW OF PROOFS
AutoShopLinks.com may choose to provide me with proofs of new display advertisements for review. I may correct inaccuracies in these proofs up to the close date/deadline set by AutoShopLinks.com. AutoShopLinks.com may require that I sign a proof sheet to approve my advertising before publishing the advertising. However, AutoShopLinks.com may choose to publish my advertising without approval of such proof sheet. Additional charges may apply to any changes I request to any Electronic Advertising.
SECTION 17 - LINKS
If my advertising contains links, I hereby: (1) allow AutoShopLinks.com and its sublicensees a royalty-free unrestricted right and license to establish such links and to link users of my advertising to the website(s) designated in my advertising and to cause the link(s) to open new browser window(s) and publish the website(s) designated by such link(s) within such window within my advertising; and (2) represent and warrant that (a) I have the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (b) all copy and content of all websites to which my advertising links complies in all respects with all applicable laws and regulations.
SECTION 18 – AUTOSHOPLINKS.COM MAY ACT AS SALES AGENT
I understand that AutoShopLinks.com may be acting as a sales agent for another website/publisher. If AutoShopLinks.com is acting as a sales agent for another website/publisher, I agree that my contract is with the true AutoShopLinks.com of the publication in which my advertising appears and that AutoShopLinks.com will not be liable for any damages related to such advertising. In addition, I agree that, if I attempt to bring any claim against any AutoShopLinks.com entity related to such advertising, such AutoShopLinks.com entity will also be entitled to assert any defense that the AutoShopLinks.com is provided in this Application, including without limitation the Sections addressing Limitation of Liability (Section 6), When I Must Bring Any Claims (Section 7), Arbitration; Attorney’s Fees (Section 8), General Disclaimers (Section 20), and Additional Disclaimers (Section 35).
SECTION 19 - GOVERNING LAW
Advertiser and AutoShopLinks.com agree that this Application and all disputes relating to this Application will be governed by and interpreted according to the laws of the State of California.
SECTION 20 - GENERAL DISCLAIMERS
AutoShopLinks.com declines and disclaims any obligations and warranties, whether it is expressed or implied, that are not expressly set forth in this Application, including without limitation:
- AutoShopLinks.com does not warrant or guarantee that the advertising will be published without error or omission;
- AutoShopLinks.com disclaims any warranty of merchantability or fitness for a particular purpose; and
- AutoShopLinks.com does not warrant the number of responses to my advertising, any other business benefit or the suitability of my advertising for any business purpose.
- Additionally, AutoShopLinks.com may choose to change the content, form or appearance of any Directory at anytime, including but not limited to removing, reducing or expanding listings or sections and introducing new products that may result in a change in the position of advertising in a Directory.
SECTION 21 - FORCE MAJEURE
Neither Advertiser nor AutoShopLinks.com will be in breach of its obligations under this Application (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this Application. Such causes will include, but not be limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of AutoShopLinks.com or Advertiser.
SECTION 22 - ENTIRE AGREEMENT
This Application describes the entire agreement between AutoShopLinks.com and Advertiser and supersedes any other oral or written agreements regarding the Advertising specified in this Application, except for any increase in the limitation of liability agreed to in writing by both parties in accordance with Section 6. Neither Advertiser nor any agent of AutoShopLinks.com may amend these terms and conditions or add any provision to or delete any provision from this Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this Application is binding on AutoShopLinks.com. Moreover, Advertiser confirms that Advertiser has not relied upon any such representation in entering into this Application.
SECTION 23 - AUTHORITY
The person clicking on the "I accept" button hereby certifies that he or she is either Advertiser, or that he or she has been lawfully authorized to submit this Application and authorize the placement of advertising on behalf of the Advertiser.
SECTION 24 - MISCELLANEOUS
Any notice to AutoShopLinks.com required or permitted to be given to AutoShopLinks.com under this Application must be in writing and given to AutoShopLinks.com at AutoShopLinks 2017 Lomita Blvd. #2035 Lomita, CA 90717 or faxed to AutoShopLinks at (310) 602-6285. I understand that AutoShopLinks.com may desire to contact me regarding my advertising, and I consent to all such contacts, whether by telephone, United States mail or other mail, facsimile or email, addressed in accordance with the information I have provided on this Application or have otherwise provided to AutoShopLinks.com. I expressly consent to any monitoring or recording of my telephone conversations with AutoShopLinks.com or its agents.
SECTION 25 - ADVERTISER COPY
If and when requested by AutoShopLinks.com, I agree to provide AutoShopLinks.com with Advertiser Copy for Electronic Advertising (including websites) no later than 10 days from the Date of the Application.
SECTION 26 - AMOUNT OF PAYMENT
If AutoShopLinks.com publishes my advertising, I promise to pay to AutoShopLinks.com the rates posted on the "Cart" checkout feature of this Application or the amount asked from me by an AutoShopLinks.com representative (in placing a phone order) describing the advertising selected for the Initial Term of this Application (Section29) and the then current undiscounted rates for any additional period of advertising (Section30). Monthly rates will be rounded to the nearest month. I will also pay any taxes due on my advertising. Advertiser acknowledges and agrees that the rates posted on the Application describing the advertising selected do not include any facilities or services for access or interconnection to the Internet, or any consulting or technical services or changes to Advertising Copy other than those changes, if any, included in the standard pricing for such items. Advertiser further agrees to pay for any additional services provided by AutoShopLinks.com according to AutoShopLinks.com’s then current undiscounted rates and charges for such additional services (including, but not limited to, billing for additional terms on a cyclical basis after the initial term).
SECTION 27 - BILLING
Unless AutoShopLinks.com agrees to or requires other billing arrangements, advertising charges will be automatically billed to the credit card I designated during the application process. AutoShopLinks.com reserves the right to automatically renew (Section 30) and charge the credit card on file (if payment is made by credit card) or bill the advertiser (if advertiser pays by check or money order) unless the advertiser cancels services within 14 days of the end of contract or within 14 days of the end of the renewed cycle date. AutoShopLinks.com, in its sole discretion, may agree to or require other billing arrangements (including, without limitation, advance payment, or non-credit card billing directly by AutoShopLinks.com, by an affiliate of AutoShopLinks.com, or by an unrelated third party.) AutoShopLinks.com may require me to make partial or full payment for my advertising before it is published.
SECTION 28 - PUBLICATION
I understand that AutoShopLinks.com cannot guarantee the number of people who will view my Electronic Advertising. Accordingly, for the purposes of this Application, AutoShopLinks.com will be deemed to have published my Electronic Advertising if it includes my advertising in the AutoShopLinks.com database or otherwise hosts the advertising so that it is accessible to Internet users through the AutoShopLinks.com service in response to appropriate queries. I understand that AutoShopLinks.com may change the specifications of my Electronic Advertising at any time upon notice. In the event such change is material to my Electronic Advertising, notwithstanding anything in Section 31 (Cancellation/Suspension) to the contrary, I may cancel such advertising as my sole remedy by providing AutoShopLinks.com with written notice of cancellation at AutoShopLinks 2017 Lomita Blvd. #2035 Lomita, CA 90717 or faxed to AutoShopLinks at (310) 602-6285 immediately upon receipt of AutoShopLinks.com’s notice of changes. AutoShopLinks.com may (but is not obligated to) make the AutoShopLinks.com Electronic Directory available, in whole or in part, to end users through various additional applications, facilities, websites and web services, including without limitation (i) other websites owned and/or operated by AutoShopLinks.com, (ii) extensions of AutoShopLinks.com’s websites (including, without limitation, those containing co-branded or private label versions of AutoShopLinks.com’s directory service), (iii) such additional sites as AutoShopLinks.com may directly or indirectly employ from time to time in its provision of such Electronic Directory to end users of other commercial applications, websites and web services, which are owned, hosted or provided by third parties to whom AutoShopLinks.com has agreed to provide such Electronic Directory services, and (iv) such other applications, media and communications channels and protocols of any kind, mechanisms and facilities as AutoShopLinks.com may employ in the provision and delivery of such Electronic Directory to end users (collectively, the "Additional Applications").
SECTION 29 - INITIAL TERM
Subject to the provisions of Section 31 (Cancellation/Suspension) below and, except as otherwise expressly set forth on the cover section of the Application and approved by AutoShopLinks.com, I agree to advertise in each Electronic Directory listed on this Application for an initial term (the "Initial Term") of one (1) year or one (1) month beginning with respect to each item of my Electronic Advertising on the date AutoShopLinks.com publishes such item of Electronic Advertising. If, during the Initial Term, I select and AutoShopLinks.com publishes any upgrades to the placement, appearance, or content (upgraded plan to have access to additional features) of my Electronic Advertising, such upgrades will be billed separately to the credit card on file.
SECTION 30 – AUTOMATIC (RECCURING) RENEWAL
My advertising will continue to appear in the Directory and my Application will renew automatically after expiration of the Initial Term for the same duration as the Initial Term (monthly or yearly), subject to the provisions of Section 31 (Cancellation/Suspension). I agree to pay AutoShopLinks.com for my advertising for any additional months/years at the new current undiscounted rates and pursuant to the new current terms and conditions unless I cancel my advertising, or AutoShopLinks.com cancels my advertising, in accordance with Section 31 below.
SECTION 31 - CANCELLATION / SUSPENSION
(a) If I wish to cancel my Advertising for the Initial Term, I must do so by giving written notice to AutoShopLinks.com at AutoShopLinks 2017 Lomita Blvd. #2035 Lomita, CA 90717 or faxed to AutoShopLinks at (310) 602-6285 within 14 days from the Date of the Application. If a written cancellation notice is received after this deadline, the cancellation will not be effective until the end of the Initial Term, and no refund of the amount billed and paid will be given.
(b) If after the Initial Term I wish to cancel my Advertising, I must do so by providing written notice to AutoShopLinks.com at 2017 Lomita Blvd. #2035 Lomita, CA 90717 or faxed to AutoShopLinks at (310) 602-6285 at least 14 days before the end of the final month of the New Term (same duration as the Initial Term) of advertising. If a written cancellation notice is received after this deadline, the cancellation will not be effective until the end of the following Term (same duration as the Initial Term). The Advertiser will be billed accordingly at the beginning of the New Term with new current undiscounted rates and pursuant to the new current terms and conditions. An E-mail notification receipt will be sent to the Advertiser.
(c) In the event I cancel my advertising, I will remain liable for the payment of all charges incurred through the final month of my advertising.
(d) AutoShopLinks.com may cancel any or all of my advertising without notice at any time in its sole discretion for any reason, including without limitation, if AutoShopLinks.com concludes that: (i) I am in breach of any term of this Application; (ii) my advertising might be obscene or indecent; (iii) my advertising might violate a third party’s intellectual property or I am a repeat infringer; or (iv) my advertising might be legally actionable or otherwise objectionable for any reason.
(e) If AutoShopLinks.com determines, in its sole discretion, that I have violated my obligations under this Application, or any of the rules set forth above, then AutoShopLinks.com may temporarily and/or permanently suspend its provisioning of, my access to and/or my ability to use my Electronic Advertising, in whole or in part, without prior notice. However, in no event will AutoShopLinks.com have a contractual obligation to undertake or refrain from undertaking any particular course of conduct.
SECTION 32 - SECURITY / ELECTRONIC TRANSACTIONS
I agree that no one other than AutoShopLinks.com or AutoShopLinks.com’s agent may modify any Directory, any portion of any Directory or any other website related to this Application, and that no one other than AutoShopLinks.com or AutoShopLinks.com’s agent may provide any additional service or services in relation to any Directory, any portion of any Directory or any other website related to this Application (except that Password Users may make changes to advertising to the extent permitted by AutoShopLinks.com in its sole discretion). I acknowledge that I am responsible for maintaining and ensuring the security of any and all passwords I obtain from AutoShopLinks.com or its contractor in connection with my Advertising, and that I will be directly responsible for all conduct, acts or omissions on the part of any Password Users. Advertiser acknowledges and agrees that Password Users may be called upon to indicate their consent or agreement through their conduct on-line. I acknowledge and agree that the conduct of any Password Users in clicking on any on-screen buttons, or engaging in any other similar conduct, will be legally sufficient for all purposes to bind me, to the same extent as though evidenced by my original signature. I hereby waive all claims or defenses, known or unknown, now existing or hereafter arising, which are inconsistent with the foregoing acknowledgements, including without limitation, any claims and defenses that any Password User(s) lacked proper authority to bind me, or were otherwise acting outside the scope of its authority. AutoShopLinks.com may revoke my password or deny me or any Password User access to any back office functionality, in whole or in part (including without limitation the website edit tool) at any time in AutoShopLinks.com’s reasonable discretion. I acknowledge that the server space upon which Electronic Advertising is hosted, and the Internet connections through which any transactions conducted in connection with e-commerce enabled advertising, will be unsecure, unless otherwise indicated by AutoShopLinks.com.
SECTION 33 - DOMAIN NAMES
I authorize AutoShopLinks.com to host any website Electronic Advertising requested under this Application at any extension or sub domain of any of AutoShopLinks.coms’ Internet domains which AutoShopLinks.com deems appropriate (e.g. http://www.autoshoplinks.com/ [advertiser].html). I understand that I may only use any such extension or subdomain name for the limited purpose of promoting my Electronic Advertising during the term of this Application, or for so long as AutoShopLinks.com may use it in the hosting of the website, whichever is earlier. At my request, AutoShopLinks.com may, but is not required to, assist me in obtaining and/or managing a custom domain name to use in connection with the Electronic Advertising subject to this Application (e.g. www.[advertiser].com). AutoShopLinks.com may, but will have no obligation to, assume the administrative responsibilities, in whole or in part, of any such custom domain name(s). I acknowledge that I am solely responsible, however, for conducting any trademark searches and other similar activities which may be necessary or appropriate in relation to the selection, evaluation and appropriateness of any custom domain name(s) which I may request AutoShopLinks.com to assist me in registering, and that AutoShopLinks.com will have no liability or obligation to me whatsoever in the event of any third party claims against me relating to the registration and/or use of any such custom domain name(s). I agree to pay any and all charges imposed by the domain name registrar in connection with the registration or renewal of custom domain names. Domain name registrations are not perpetual, but must be renewed periodically. AutoShopLinks.com may cancel or refrain from renewing any domain name(s) used in connection with any Electronic Advertising under this Application and will have no obligation to pay any registration renewal fees in the event that: (1) I do not pay AutoShopLinks.com for the Electronic Advertising in a timely manner, (2) I do not renew the Electronic Advertising upon the expiration of this Application, or (3) I do not affirmatively notify AutoShopLinks.com in writing of my desire to either cancel or renew the domain name upon the expiration of the initial domain registration or any subsequent renewal thereof. Upon my written request to AutoShopLinks.com at AutoShopLinks; 2017 Lomita Blvd. #2035 Lomita, CA 90717 or faxed to AutoShopLinks at (310) 602-6285, with a copy via email to support@AutoShopLinks.com, AutoShopLinks.com will make a commercially reasonable effort to change all or any portion of the administrative contact information (i.e. address, telephone number and/or email address) in accordance with such request. In the absence of any such written request, AutoShopLinks.com may change any of the contact information to information previously provided to AutoShopLinks.com, and may delete any contact information relating to AutoShopLinks.com. I waive any and all claims that I may have, or which may later arise, known or unknown against AutoShopLinks.com, for any loss, damage, claim or expense arising out of, or related to, the acquisition, evaluation, registration, administration, or use of any custom domain name(s) used in connection with the Electronic Advertising hereunder. I further covenant and agree that I will not include or reference any domain name(s) or URL(s) associated with Electronic Advertising provided under this Application in any email that: (a) violates any applicable law or regulation, (b) violates any operating rule, policy or guideline of any on-line service provider or interactive service, including any of AutoShopLinks.com’s rules, policies or guidelines, or (c) which constitutes "Spam," "junk mail," "flaming," "chain mail" or any unsolicited mass distribution of email.
SECTION 34 - PAYMENT PROCESSING
I acknowledge and agree that AutoShopLinks.com has no obligation to provide on-line or off-line payment processing services (including, without limitation, credit card or alternate payment processing services) under this Application, or to otherwise integrate any third party payment processing services with any Electronic Advertising provided hereunder. Any request by me (or any third party, including a payment processing company, on my behalf) to integrate any third party payment processing service with any Electronic Advertising (a) will be binding on AutoShopLinks.com only if and when AutoShopLinks.com (or such third party as AutoShopLinks.com may designate) performs such integration services, and (b) constitutes my authorization for AutoShopLinks.com (and any third party contractor of AutoShopLinks.com) to take any and all steps that AutoShopLinks.com deems necessary for the use of such payment processing service in connection with any Electronic Advertising, including without limitation, steps to link or otherwise connect my Electronic Advertising with my merchant account or similar account with the payment processor, financial institution, and/or any other third party designated by or on behalf of Advertiser. In the event that AutoShopLinks.com (or such third party as AutoShopLinks.com may designate) performs such integration services, I agree to execute such additional agreement(s) as AutoShopLinks.com or the third party payment processing service may request (which, in the case of the latter, I acknowledge would be solely between me and third party(ies)), and I acknowledge that I will be solely responsible for the payment of any and all amounts payable to such third party(ies), which will be in addition to any charges payable to AutoShopLinks.com under this Application. I further acknowledge and agree that AutoShopLinks.com makes no warranties, and that neither AutoShopLinks.com nor its contractors will have any liability to me whatsoever, with respect to any payment processing services provided by any third party or any transactions attempted or completed through my Electronic Advertising, and I waive and release AutoShopLinks.com and its contractors from any and all claims related thereto. I further agree that AutoShopLinks.com makes no warranties, and that neither AutoShopLinks.com nor its contractors will have any liability to me whatsoever, with respect to any taxes (or tax rates) or shipping and handling charges or calculations applicable to or provided in connection with any transaction through any Electronic Advertising, and I waive and release AutoShopLinks.com and its contractors from any and all claims related thereto. I acknowledge that I have or will promptly seek advice from a professional tax advisor regarding tax rates applicable to transactions through my Electronic Advertising and any transaction capability that may be contemplated for my Electronic Advertising. I covenant and agree that I will not violate any federal, state or local laws, regulations, statutes or ordinances of any kind in connection with any payment processing services provided hereunder (including without limitation any transactions attempted or completed through the Electronic Advertising).
SECTION 35 - ADDITIONAL DISCLAIMERS
Without limiting the general disclaimers in Section 20 above, AutoShopLinks.com also does not warrant the following:
- AutoShopLinks.com does not warrant that my advertising will be published or withdrawn on a particular day;
- AutoShopLinks.com does not warrant that a specific number of persons will access or download the Directory, any portion of the Directory, any heading or any advertising (and does not otherwise warrant the effectiveness of any Electronic Advertising or any service ancillary thereto);
- AutoShopLinks.com does not warrant that the AutoShopLinks.com service, any Electronic Advertising or any service ancillary thereto will be uninterrupted or error free and does not warrant any connection to or transmission over the internet;
- AutoShopLinks.com does not warrant that my advertising will be placed on any co-branded or private label version of AutoShopLinks.com’s Electronic Directory (or any other version provided through a Third Party Distribution Contractor);
- AutoShopLinks.com makes no warranties and will have no liability regarding services provided by third parties (including without limitation any internet service provider or local exchange carrier).
SECTION 36 - EXPORT COMPLIANCE
Advertiser will comply with all applicable export laws, and will and does hereby agree to indemnify, defend and hold AutoShopLinks.com, its Affiliates, any party that provides fulfillment or other services related to this Application, and any Third Party Distribution Contractors (and their respective officers, directors, employees, successors and assigns) against any and all claims, demands, causes of action, damages, costs, expenses, penalties, losses and liabilities incurred or to be incurred by any such party (including but not limited to costs of defense, investigation and reasonable attorneys’ and other third party fees and, to the extent permitted by law, fines, penalties and forfeitures in connection with any proceedings against any such party) arising out of, resulting from or related to any breach of such obligation. Advertiser represents and warrants that it is not a prohibited entity on any governmental export control list, and will notify AutoShopLinks.com immediately in the event that it is placed on any export control list. Advertiser acknowledges and agrees that (a) AutoShopLinks.com is not a party to any transactions through my advertising and is not responsible for, and will have no liability for, compliance with export control laws in relation to any such transactions, and (b) Advertiser is solely responsible for obtaining legal advice with respect to such matters.
SECTION 37 - NO SPAM POLICY
I will not use my Electronic Advertising for the sending of single or bulk unsolicited commercial advertising, unsolicited commercial email, information announcements, or other unrelated messages commonly considered to be "Spam." AutoShopLinks.com may, at its sole discretion, use various approaches to detect, manage, and eliminate Spam from my Electronic Advertising. These approaches include, without limitation, automated and manual monitoring of all requests entered through my Electronic Advertising.
SECTION 38 - RULES
I agree that I will be in default of my obligations under my agreement with AutoShopLinks.com if I breach any of my material obligations hereunder, or if I otherwise:
(a) Use my Electronic Advertising for any purpose in violation of local, state, national, or international laws;
(b) Provide false information on my registration form or impersonate any person;
(c) Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
(d) Post or transmit any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by AutoShopLinks.com in its sole discretion;
(e) Violate AutoShopLinks.com’s "No Spam" policy in any manner, including by posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, "junk mail," "Spam," "chain letters," or any unsolicited mass distribution of email;
(f) Post surveys, contests (with the exception of AutoShopLinks.com Official Raffles), or pyramid schemes;
(g) Post improper responses;
(h) Stalk, harass, or otherwise harm others;
(i) Distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
(j) Collect or store personal data about other users of my Electronic Advertising; use the Electronic Advertising to induce, entice, solicit, recruit, lure, or to attempt to induce, entice, solicit, recruit, or lure users to another website which, in AutoShopLinks.com’s determination, is a competitor of all or any part of AutoShopLinks.com;
(k) Engage in any other conduct that inhibits any other person from using or enjoying AutoShopLinks.com and/or my Electronic Advertising;
(l) Engage in any other behavior on AutoShopLinks.com and/or the Electronic Advertising, which in AutoShopLinks.com’s sole discretion negatively affects the user experience or is otherwise unacceptable.
SECTION 39 - PRIVACY POLICY; USER DATA
AutoShopLinks.com will post on its AutoShopLinks.com website, and Advertiser will post on its website, their respective privacy policies. Each party will own the data it collects about users from sites it hosts and from servers it owns or operates, and all rights associated therewith.
ADDITIONAL TERMS APPLICABLE TO OFFERED PACKAGES
Section 40 – AutoShopLinks.com Advertisement Packages
AutoShopLinks.com offers features for each subsequent package (Basic, Premium, and Supreme). It is up to me as the Advertiser to utilize the features available to my package. By no means is AutoShopLinks.com responsible or guarantees to the Consumer that these features will be utilized or fully and consistently updated. This responsibility falls upon me as the Advertiser.
Features offered in these packages like sales/promotions, raffles, sponsorships, and/or other related promotional items/services offered by the Advertiser to the Consumer through AutoShopLinks.com web-sites are not endorsed or held accountable in any part to AutoShopLinks.com or its Affiliates. This is an agreement between the Advertiser and the consumer.
BY CLICKING THE "I ACCEPT" BUTTON BELOW, I REPRESENT THAT I HAVE READ AND UNDERSTAND THIS AUTOSHOPLINKS.COM APPLICATION FOR ELECTRONIC ADVERTISING, AND AGREE THAT ADVERTISER WILL THEREAFTER BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH ABOVE TO THE SAME EXTENT AS THOUGH EVIDENCED BY MY ORIGINAL SIGNATURE.
IF I DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF I DO NOT HAVE THE AUTHORITY TO BIND ADVERTISER, THEN I ACKNOWLEDGE THAT I MUST NOT CLICK "I ACCEPT" AND MUST NOT COMPLETE MY ONLINE ORDER.
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