AUTOMANN.COM PRIVACY POLICY
Last updated: October 30, 2024
Your privacy is important to Automann Inc. (“we” or “us”), the owner and operator of the www.automann.com website and service (the “Site”). To better protect your privacy, we provide this statement explaining our online information practices and the choices you can make about the collection and use of the personally identifiable information that you decide to submit on our Site.
This Privacy Policy covers:
WHAT INFORMATION DO WE COLLECT?
Information that you give us.
To purchase products via our Site, we ask you to register and create an account. We collect from you certain “personally identifiable information,” which is information that can be used to identify you personally. Personally identifiable information includes (but is not limited to):
It may also include information you give us about other people, such as the name, address, email address and telephone number of an intended recipient of a product that you purchase and ask us to ship to the recipient.
If you apply to become a distributor of our products, we may collect additional information about you concerning same.
Information that you post to online forums, comment boards or other public spaces.
We do or might collect content and information that you post or communicate by means of electronic chats for customer service or technical support, comment threads, blogs, tips, ratings, reviews, notes, emails, knowledge base and any and all other systems, interfaces or features.
Other information that you provide to us.
We do or might collect any other information and data that you send or communicate to us, including information communicated in traditional mail correspondence, discussions over the telephone, placement of orders, inquiries about orders, requests for exchange and return, and other inquiries.
Information that we get via social media services.
You might engage with our Site and service on or via third party social media sites, plug-ins and applications, like those offered by Facebook, LinkedIn, YouTube, Instagram, Twitter and others. You also might link your Site account with third party social media sites. If you do, you allow us to have ongoing access to information from and about your social media account (for example, your name, profile name, email address, profile photo, gender, birthday, geographic location, your list of friends and their contact information, people you follow and/or who follow you, and the posts, “retweets” or the “likes” you make). We might also receive other information from social media services – for example, information about the content or advertisements that you review.
Information that we get from other third parties.
We do or might collect information from third parties about you. We might combine or use this information with information that we collect from you or from third parties.
Information that we collect automatically.
We automatically collect certain information when you use our Site, such as (but not limited to):
In addition, if you use our Site via a mobile device (for example, a smart phone or a tablet), we do or might also collect your unique device identifier and mobile device IP address (or MAC address), as well as information about your device’s mobile carrier, information about your geographic location, and other information described in this Policy.
HOW DO WE USE THE INFORMATION WE COLLECT?
We do or might use the information we collect to:
User Generated Content is Public Information.
The Site might enable you to post content and information to it via its online forums and communities (for example, photos that you post to an area for people to see them, or comments that you post in a comment forum). Remember that all of these posts are public and can be seen by and shared with everyone. Social media sites, plug-ins and other applications also can enable you to create and submit content concerning our Site or service. We cannot prevent or be responsible for such uses. Some social media sites, plug-ins and other applications enable you to adjust your privacy settings, but we don’t control them or how well they work. Please check those privacy policies and instructions for more information on how your information is used and handled.
If you choose to submit content for publication, we may publish your screen name and other information you have provided to us on our Site, the Internet, or elsewhere.
HOW LONG DO WE RETAIN THE INFORMATION THAT WE COLLECT?
We can retain the information we collect for as long as we choose, but we are not obligated to you to retain it.
HOW DO WE SHARE AND DISCLOSE THE INFORMATION THAT WE COLLECT?
Third party service providers
We do or might engage companies and other third parties to perform functions on our behalf, such as delivering packages, sending snail mail and email, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and refunds, and providing customer service. We provide access to personally identifiable information reasonably needed or helpful to enable them to perform their functions.
Linked sites
Our Site does or might contain links to third party websites and services whose information practices are or might be different from our own. We are not responsible for, do not vouch for, and have no control over the third parties who might be receiving or collecting information from or about you. We encourage you to refer to those third parties’ privacy policies and statements before submitting any information or using such websites.
Google Analytics
This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer or device, to help the Site analyze how users use it. The information generated by the cookie about your use of the Site (including your IP address) is transmitted to and stored by Google on servers in the United States or elsewhere. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Legal and law enforcement purposes
We may disclose personally identifiable information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency’s request. We also may disclose such information to third parties in connection with fraud detection and prevention activities, or when we believe it is necessary or appropriate to investigate, prevent, or take action regarding known, suspected or anticipated (i) illegal activities or fraud, (ii) harm or threats to the safety or well-being of any person, entity or property, (iii) violations of our Terms of Service, (iv) violations of our rights, or the rights of others, or violations of law.
Transfer of our business
We may transfer all information about you in connection with a transaction for the sale or transfer of our company, business, or assets, or portions thereof. Such a transaction might be (but is not limited to) a merger, acquisition, asset sale, dissolution, bankruptcy, reorganization, or reincorporation.
COOKIES, WEB BEACONS AND OTHER TRACKING TOOLS
We and our third party service providers and business partners may send “cookies” to your computer or device or use similar technologies to enhance your experience at our Site. “Cookies” are files that can identify you as a unique user and store your personal preferences as well as technical information (including click through and click stream data). Cookies manage and measure the performance of advertisements displayed on or delivered by or through us and/or other networks or sites. We do or might use “persistent” cookies (which remain on your computer until you delete them) or “temporary” cookies (which remain only until you close your browser).
We also might use web beacons. These are small strings of code or techniques that deliver a graphic image on a web page for the purpose of transferring data, such as (i) the IP (Internet Protocol) address of the computer that downloaded the web page on which the web beacon appears, (ii) the URL (Uniform Resource Locator) of the web page on which the web beacon appears, (iii) the time the web page containing the web beacon was viewed, (iv) the type of browser that fetched the web beacon, and (v) the identification number of any cookie on the computer previously placed by that server.
Our Site also might use locally stored objects (sometimes referred to as “Flash cookies”) to provide certain content, such as video on demand, video clips, or animation. Adobe’s Flash player and similar applications use this technology to remember settings, preferences, and usage similar to browser cookies. Flash cookies are not managed through your web browser, but you can access your Flash management tools from Adobe’s web site.
When corresponding with you via HTML capable email, web beacons tell us whether you received and opened our email.
On their own, cookies or web beacons do not contain or reveal any personally identifiable information. However, if you give us personally identifiable information, that information can be linked to the data stored in the cookies or web beacons.
You are always free to adjust your browser to reject cookies from us or from any other web site. Additionally, by setting your web browser to display HTML emails as text only, you may be able to prevent the use of some web beacons. Please review the “Help” section of your browser for more information.
Certain Site areas and features might be accessible only with cookies or similar devices activated. As such, your decision to limit or disable cookies or similar devices could adversely affect your ability to use or access certain Site areas and features.
OUR SITE CURRENTLY DOES NOT RESPOND TO DO NOT TRACK (DNT) SIGNALS.
Some browsers enable its users to send a “Do Not Track” (or DNT) signal to a website visited by the user to request that the website disable tracking of the visiting user’s activities on and uses of the Site.
Our Site currently does not respond to DNT signals. We might configure it to do so in the future.
OUR REASONABLE EFFORTS TO PROTECT YOUR PRIVACY ARE NOT PERFECT
We try to follow reasonable physical, electronic, and managerial procedures designed to safeguard the information that we collect online at the Site. However, we cannot and do not guarantee you that personally identifiable information that we collect will never be stored, transmitted, disclosed or otherwise used in a manner inconsistent with this Privacy Policy.
CONTROL OF YOUR PASSWORD
You are responsible for all actions taken with your Automann.com Site credentials (User ID and password), if any, including the payment of fees. We recommend strongly that you do not disclose to or share with any third parties your credentials. You are responsible for all actions taken with your credentials. If you lose control of your credentials, you may lose substantial control over your personally identifiable information and may be subject to legally binding obligations and other actions taken on your behalf. If you believe that your credentials have been stolen or compromised, please change your password immediately, and please write us at privacy@automann.com.
INTERNATIONAL INFORMATION TRANSFER
We intend our Site for use solely by users located within the United States. We rely on third parties to provide services and otherwise enable us to provide the Site to you. We cannot control how or where such third parties route or store information and data. If you register an account for our Site, or otherwise use the Site, you consent to the collection, processing and storage of your information in the United States and elsewhere.
We have not certified with the U.S. Department of Commerce’s Safe Harbor Program to address data transfers from the European Union and Switzerland. U.S. data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union.
WE DO NOT PERMIT SPAM OR SPYWARE
We don’t permit use of spam, spyware, malware, or anything else that we do not intend our Site to provide. We don’t send unsolicited emails to anyone without their permission. If you believe that you have received an unsolicited email from us or encountered spyware or malware on our Site, please write us at privacy@automann.com so that we can investigate.
INFORMATION REGARDING CHILDREN
The Site is not marketed to or intended for anyone under 18 years old (or anyone otherwise under the legal age of majority applicable in the state or other jurisdiction of his or her residence). Such individuals must not use the Site. We do not knowingly or willingly collect information or data from individuals under such age. If you believe we have inadvertently collected such information, please contact us so we can promptly remove the information.
WHAT ARE YOUR CHOICES?
You can “opt out” of marketing communications
You can specify your preferences for receiving or not receiving certain marketing communications from us. If you want to update your preferences, you may (i) click the “unsubscribe” link provided in marketing emails you may receive from us and follow that instruction, or (ii) send us an email specifying your updated preferences to privacy@automann.com.
Even if you opt out of receiving marketing communications from us, we still may use your information to contact you for non-marketing purposes (for example, for matters concerning your accounts with Automann, your use of the Site, updates to our Automann Terms of Service and this Privacy Policy, and other administrative matters).
How you can access or correct information
To access the personally identifiable information that we have collected about you online via the Site, to correct factual errors in such information, or to update your interests, preferences or other aspects of your account user profile, please log into your account if you have one and adjust your settings there, or please send us an email explaining the assistance you seek to privacy@automann.com.
To help protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.
OUR PRIVACY POLICY UPDATES
From time to time, we might update this Privacy Policy. We will notify you about material changes in the way we treat personally identifiable information by placing a notice on our Site, by sending you an email message, or both. Unless we specify a later date, changes are effective immediately as of the time of their posting. Please periodically check back and review this Privacy Policy to ensure that you remain up to date on our then-current privacy practices.
HOW TO CONTACT US
If you have any questions or concerns about this Privacy Policy or its meaning or effect, please contact us.
Via email: privacy@automann.com
Via traditional mail: Automann Inc., Attention: Privacy, 251 Docks Corner Road, Monroe Township, NJ 08831.
We endeavor to respond to each inquiry, so please allow reasonable time for us to do so.
Automann USA is a globally recognized heavy duty truck and trailer replacement parts supplier and is sold exclusively through authorized distributors that service heavy duty truck and trailer markets.
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www.automann.com
Last updated on November 7, 2024
This www.automann.com website and service (together, the “Service”) is provided by Automann Inc. ("Automann"). Your use of the Service is governed by these Automann Terms of Service (the “Automann TOS”). Please read them carefully before using the Service. By using the Service, you agree to be bound by and honor all terms and provisions of the Automann TOS. If you cannot agree to the Automann TOS, you must not access or otherwise use the Service. The Automann TOS applies whether you are accessing the Service via a personal computer, wireless or mobile device, or any other technology or device.
In the Automann TOS, Automann sometimes refers to itself as "we" or "us", and sometimes refers to you as "you", the "user", or the "visitor".
From time to time, Automann may update or otherwise modify the Automann TOS at its sole discretion. We will post or display notices of material changes on the Service and/or notify you via other electronic means. How we do so is at our discretion. Once we post or make them available on the Service, these changes become effective immediately or as of the effective date otherwise specified, and your continued use of the Service shall confirm your agreement to the modified Automann TOS. Modifications will not have a retroactive effect. We recommend that you check back frequently and review the Automann TOS regularly so that you are aware of the most current rights and obligations that apply to you.
The Service is not marketed to or intended for anyone under 18 years old, or anyone under the legal age of majority in his or her state, country, or other jurisdiction of residence. Such individuals must not use the Service.
Service ownership, Service Content and your Service use
The Service is owned by Automann, including all text, graphics, photographic images, audio, video and audiovisual recordings, and other content published via the Service (collectively, such elements are “Service Content”). Certain Service Content elements are owned by third parties who have permitted Automann to use them (for example, certain text and photographic image contributions); Automann claims no ownership of such third-party elements.
You may view, download, and print copies of Automann's Service Content elements for your own reasonable personal use. Otherwise, you may not reproduce, display, distribute, or transmit copies of Automann's Service Content elements. Automann reserves all rights to its Service Content.
You may link to the Service from your own website, but only to the Service's home page (www.automann.com) (i.e., no "deep links"), and only in a manner that does not state or imply Automann's sponsorship, endorsement, license or other affiliation between Automann and you, your website, products, services, activities or representatives. Automann reserves the right to prohibit and/or block such links, at any time(s) and without any notice to you.
Without limitation, you agree not to do or permit or engage anyone else to do any of the following:
You agree that the foregoing prohibited uses and actions violate the Automann TOS, and additionally do or may violate copyright, trademark, privacy and publicity rights of Automann and others, and also do or may constitute other violations of law, all for which you agree to be liable.
Automann may from time to time modify or discontinue, temporarily or permanently, the Service (and parts thereof) with or without notice, and without any obligation to you. Automann also may terminate or suspend your use and access to all or any parts of the Service, with or without notice, and for any reason or no reason, in Automann's sole discretion. Such termination or suspension will not terminate or suspend the Automann TOS as applied to you.
Automann controls the Service from its offices in the State of New Jersey in the U.S. Automann makes no representation or warranty that the Service or Service Content is legal, appropriate, or available for use in other locations. Those who access the Service from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules, and regulation, if and to the extent that local laws, rules, and regulations apply. No software made available in connection with the Service may be downloaded, exported or re-exported into, or to a national or resident of, any countries that are subject to U.S. export restrictions.
Your user account for the Service
You might wish to establish a user account for the Service, as doing so might make available to you more of the Service's features and functionality. In either case, the Automann TOS applies to your use of the Service. Establishing a user account bears no fee, but a user account is subject to the following rules: You must supply and maintain truthful, complete and up-to-date information about you as may be prompted by any registration wizards or forms on the Service. You must guard your Service password and any other Service security tokens or credentials against theft or unauthorized third-party use. You must alert us immediately and also change your Service credentials if you know or have reason to suspect that your Service credentials have been stolen or compromised. You are responsible for all activities that occur under your password or account, including unauthorized purchases and charges.
User generated content
The Service might include text, messages, comment posts, information, music, video, sounds, images, illustrations, graphics or other elements posted, submitted, uploaded, or otherwise provided by you and/or other Service users (all of which we refer to as “user generated content” or “UGC”), including by means of electronic chats for customer service or technical support, comment threads, blogs, tips, ratings, reviews, notes, emails, knowledge base and any and all other systems, interfaces or features (collectively, we refer to such Service features and sections as “UGC Features”).
So that all users desiring to do so may use UGC Features in a respectful and enjoyable manner, you agree not to create, post, upload, display, transmit, distribute, publish and store and otherwise use with or via the Service any of the following:
You grant us and our affiliates, sublicensees, transferees and successors the nonexclusive, royalty-free, perpetual, irrevocable and fully transferable and sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, combine with other elements, distribute, perform and display your UGC throughout the world, in any and all media now or hereafter known, for any and all purposes, and without further consideration or notice (the “UGC License”).
You use UGC Features at your own risk. Automann undertakes no obligation to edit, remove, store, back up, maintain, use, not use, deliver, furnish, or otherwise act or omit to act concerning UGC. You understand that we do not control others’ uses of UGC Features and that we are not responsible for what or how you or others might use or post as UGC, or for its loss, damage, destruction, or alteration. You will not seek to edit or delete others’ UGC. You understand that UGC is viewable by everyone and is not covered by any privacy policy or protection.
You represent and warrant that (a) you own and/or control all rights necessary to UGC to grant the UGC License to us, and (b) UGC does not infringe or violate third-party intellectual property or other rights, or otherwise violate applicable law; and (c) UGC and the use thereof does not violate the Automann TOS.
Automann assumes no responsibility for monitoring the Service for inappropriate content or conduct. If at any time Automann chooses in its sole discretion to monitor the Service, Automann nonetheless assumes no responsibility for UGC or UGC Features, assumes no obligation to modify or remove any UGC, and no responsibility for the conduct of any user. Automann reserves the right to investigate and take appropriate legal action against anyone who, in Automann's sole discretion, violates, or is suspected of violating, the Automann TOS, including, without limitation, reporting you to law enforcement authorities. Further, you agree that Automann may access, preserve, and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce the Automann TOS or Automann's intellectual property rights; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Automann, users or any third parties, including acting in urgent circumstances.
Copyright infringement concerns / Digital Millennium Copyright Act Takedown Notices
If you believe that any material published via the Service infringes or otherwise violates your copyright rights, you may request that we remove it by sending to our designated Copyright Agent a written notice containing the following information and statements:
The contacts for our Copyright Agent are as follows:
Via email: abuse@automann.com
Via traditional mail: Automann Inc., Attn: Automann TOS, 251 Docks Corner Road, Monroe Township, NJ 08831
Service abuse and Automann TOS violations
If you become aware of abuses or other violations of the Automann TOS that you wish to report, please contact us:
Via email: abuse@automann.com
Via traditional mail: Automann Inc., Attn: Automann TOS, 251 Docks Corner Road, Monroe Township, NJ 08831
Automann reserves the right (but undertakes no obligation) to take any action it deems fit against violators of the Automann TOS, including suspension and termination of any user account and any visitor’s use of the Service, for any reason or no reason, and with or without notice in Automann's sole discretion.
Automann has published its Privacy Policy, which discusses how we collect, store, use and disclose information about your use of the Service. The Privacy Policy also is part of the Automann TOS and incorporated by reference. Your use of the Service constitutes your acceptance of the Privacy Policy.
The Service’s links to others’ websites and services
The Service may contain links to websites or other services provided by third parties. The fact that we might link to another's service does not mean that we endorse, recommend, sponsor, or have any other affiliation or relationship with its provider. We do not control such third-party providers, their services, or the information available via their services. Their services are not subject to the Automann TOS or the Automann Privacy Policy but might be subject to their own terms of service and privacy policies. We disclaim all warranties and responsibility for others’ services; you visit and use them at your own risk.
Indemnification
You agree to indemnify and hold harmless Automann, its shareholders and licensors, and all of their respective affiliates, directors, officers, employees, members, agents, counsel and representatives (collectively, the “Automann Group”) against and for all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees and costs), resulting or arising from or relating to your (A) use or attempted use of the Service or Service Content; (B) your violation of the Automann TOS; (C) your infringement or violation of any rights of another person or entity; and (D) your violation of applicable law. Automann reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
Disclaimers
AUTOMANN PROVIDES THE SERVICE ONLY ON AN “AS IS” AND AS AVAILABLE BASIS. YOU USE THE SERVICE AT YOUR SOLE RISK. AUTOMANN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE SERVICE. IN PARTICULAR, AUTOMANN DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM SERVICE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY AUTOMANN OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.
Limitations of liability
THE AUTOMANN GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE SERVICE, THE AUTOMANN TOS, OR YOUR USE OF OR THE INABILITY TO USE THE SERVICE OR SERVICE CONTENT.
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE AUTOMANN GROUP FOR ANY REASON RESULTING DIRECTLY OR INDIRECTLY FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR THE INABILITY TO USE THE SERVICE, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH CAUSE OR CLAIM, SHALL BE LIMITED TO THE LESSER OF (A) FIFTY U.S. DOLLARS, AND (B) THE NET AMOUNT RECEIVED BY AUTOMANN FROM YOU FOR ANY PRODUCTS OR SERVICES PURCHASED FROM AUTOMANN DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. YOU AGREE THAT THIS LIMITATION OF LIABILITY REFLECTS A REASONABLE ALLOCATION OF RISK. YOU ACKNOWLEDGE THAT BUT FOR YOUR AGREEMENT TO SUCH LIMITATION OF LIABILITY, AUTOMANN WOULD NOT PROVIDE THE SERVICE TO YOU.
THE ESSENTIAL PURPOSE OF THE FOREGOING LIMITATIONS OF LIABILITY IS TO LIMIT THE AUTOMANN GROUP'S LIABILITY UNDER THE AUTOMANN TOS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF YOUR REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS OR TERRITORIES DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, SOME OF THE FOREGOING DISCLAIMERS AND LIMITATIONS MIGHT NOT APPLY TO YOU; IN SUCH CASE, HOWEVER, AT AUTOMANN'S OPTION THE MAXIMUM APPLICABLE LIMITATIONS OF THE AUTOMANN GROUP'S LIABILITY SHALL APPLY.
General provisions
The Automann TOS sets forth the entire understanding of you and us with respect to its subject matter. In the event that any one or more of the terms and provisions in the Automann TOS is held to be invalid, illegal or unenforceable, the remaining provisions still will be valid and not affected or impaired thereby. Failure to insist upon strict adherence to any term or provision of the Automann TOS shall not waive any such term or provision and shall not waive or limit any right thereafter to insist upon strict adherence to that term or provision or any other term or provision of the Automann TOS. Headings are only for convenience; they shall not be used to construe the meaning or intent of the Automann TOS. You may not assign or transfer the Automann TOS or sublicense the rights granted hereunder without Automann's express prior written consent. Any purported assignment, transfer, or sublicensing of the Automann TOS or the rights or obligations hereunder in violation of its terms is void. Automann may assign or transfer the Automann TOS from time to time in its sole discretion. The Automann TOS is binding on all permitted successors and assigns. The governing law of the Automann TOS is the substantive laws of the State of New Jersey. The Automann TOS will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.
The Automann TOS does not change or affect any other written agreement(s) that you now or in the future may have with Automann. In the event of any conflict between those agreement(s) terms and the Automann TOS, those agreement(s) terms will govern in that instance.
Dispute resolution
Any dispute arising out of or in connection with the Automann TOS or the Service, including any question regarding the existence, validity, or termination of the Automann TOS, shall be resolved by binding arbitration conducted in Somerset County, New Jersey before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Each party to such arbitration shall bear its own respective fees and expenses.
Notwithstanding the foregoing arbitration requirements, Automann never shall be precluded or delayed from seeking and obtaining emergency, temporary, preliminary, or permanent injunctive relief in State, Federal, or any other courts of competent jurisdiction to protect and enforce its intellectual property rights or to remedy your unauthorized uses of the Service or the Service Content if Automann reasonably deems such relief necessary. You agree to and shall not challenge the personal jurisdiction and venue of the State and Federal courts in the State of New Jersey for such purpose. Automann may enforce any judgment or award in any court of competent jurisdiction.
You must commence a proceeding arising out of or in connection with the Automann TOS or the Service no more than one (1) year after the date on which the claim that is the subject of the proceeding arose. You waive any statutes of limitations to the contrary.
To the fullest extent permitted by applicable law, you waive your right to bring or participate in any class arbitration proceedings against Automann or its affiliates.
To the fullest extent permitted by applicable law, you waive your right to bring or participate in any class action proceedings against Automann or its affiliates.
IN ANY ACTION OR PROCEEDING BROUGHT CONCERNING THE SERVICE, THE AUTOMANN TOS, OR SUBJECT MATTERS COVERED BY THE AUTOMANN TOS, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE NOW OR HEREAFTER TO A TRIAL BY JURY.
Questions or comments
If you have any questions or comments about our Service or Automann TOS, please contact us:
Via email: abuse@automann.com
Via traditional mail: Automann Inc., Attn: Automann TOS, 251 Docks Corner Road, Monroe Township, NJ 08831
AUTOMANN and the Automann logo are exclusive service marks of Automann Inc.
© All rights reserved. Unauthorized use or reproduction is prohibited.
