ACCEPTANCE OF TERMS OF SERVICE
Please read the Terms of Service carefully before you start to use the Website. By (i) accessing, browsing, subscribing to, and using the Website; or (ii) by using the desktop application, associated content, and any customizations made to the services provided or offered by Company via the Website (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Service, and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Website or any of the Services
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY SUBSCRIPTION, PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
CHANGES TO THE TERMS OF SERVICE
If we make subsequent material changes to the Terms of Service, the web-based updates can be tracked by the version number in the footer of the website. Updates to the desktop application are pushed to each individual user through a prompt to download the new version. APFusion reserves the right to update or change the Terms of Service, at any time and for any reason, by posting the modified Terms of Service on this website.
PERMITTED USES AND RESTRICTIONS ON USE.
You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, understand and acknowledge that, in no event, shall you allow any unauthorized users to access the Website using your email address and password. APFusion is not responsible for breaches of confidentiality caused by you or anyone accessing the Website using your email address and password, whether authorized by you or not.
You agree to not use the Website to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any APFusion representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Website; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to Website; or (j) incite or provide instructional information about illegal activities.
REGISTRATION DATA AND PRIVACY
Information you provide through this Site is accessible by APFusion employees and executive staff. APFusion has read and write access to each yard’s primary database. Read access involves gathering information regarding customers and vendors. Write access involves a pass in inventory and data related to inventory, work orders, and purchase orders. APFusion uses sales history data to understand the market demand for different products and product categories. The information provides APFusion data to better serve the automotive industry and help drive more sales.
The information provided is de-identified. This means APFusion only keeps the state and zip code associated with the data. This data helps APFusion understand product demand geographically. Currently, APFusion does not sell de-identified data to third parties, but reserves the right to do so.
You also grant us the right to disclose to third parties certain Registration Data about you, subject to our Privacy Statement https://apfusion.com/legal/privacy-policy.The information we obtain through your use of this Website, including your Registration Data, is subject to our Privacy Statement, which is specifically incorporated by reference into these Terms of Service.
SUBSCRIPTION AND PAYMENT OF FEES
APFusion offers certain services, including services through the Website which you can purchase on a subscription basis (“Subscription”). Each customer (“Customer”) is granted a free two-month trial. After the free trial, Customer is automatically charged the subscription amount. Customer can de-activate vendors with a click of a button. If a Customer de-activates all of their active vendors, and APFusion is no longer maintaining an inventory sync, the Customer’s subscription is automatically canceled/paused. The APFusion system will automatically detect this change and not charge the Customer’s credit card.
If you subscribe to a service on this Website that requires payment of a fee, you agree to pay all fees associated with such service. Your payment may be charged directly by APFusion, either internally or through its third party payment processor, Stripe. To the extent the services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to APFusion. All active Customers are subject to fee changes. Also, APFusion employees and the executive team reserve the right to keep Customer’s fee at the current level. Your account and access to the services may be suspended in the event of non-payment of applicable fees.
Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within five (5) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
MODIFICATIONS TO THE SERVICE OR AGREEMENTS AND TERMINATION
APFusion reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. You agree that APFusion shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. APFusion may specify from time to time the version(s) of web browsers required in order to use the Website, and you acknowledge that APFusion is not obligated to support all web browsers and APFusion is not obligated to continue support of any web browsers it supported at an earlier time.
You acknowledge and agree that APFusion may, in our sole discretion, suspend or terminate your account and/or deny you access to or use of all or part of the Website, without prior notice, for any reason, including, without limitation, if you engage in any conduct that APFusion believes, in its sole discretion: (a) violates any term or provision of this Terms of Service; (b) violates the rights of APFusion or our partners; or (c) is otherwise inappropriate for continued access and use of the Website. In addition, APFusion reserves the right to terminate inactive membership accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Further, you agree that APFusion shall not be liable to you or any third party for any termination of your access to the Website. You agree to defend, indemnify, and hold APFusion harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Website.
APFUSION PROPRIETARY RIGHTS
You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
NO RESALE, ETC. OF THE SERVICE.
You agree not to copy, sell, resell, rent, or sublicense (including offering the Website to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Website, allow unauthorized use or access to the Website. You agree not to access the Website by any means other than through the interface that is provided by APFusion for use in accessing the Website.
YOUR REPRESENTATIONS AND WARRANTIES
You represent that, to the best of your knowledge and belief, your use of the Website does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Website. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APFUSION AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) APFUSION AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, THE WEBSITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. APFUSION AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. APFUSION EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE WEBSITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. APFUSION IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN THE WEBSITE. APFUSION DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APFUSION OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APFUSION AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF APFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU ALSO AGREE THAT APFUSION WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THIS WEBSITE OR THE SITE(S) YOU ACCESS THROUGH THE WEBSITE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND APFUSION’S REASONABLE CONTROL.
IN NO EVENT SHALL APFUSION BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Terms of Service constitutes the entire agreement between you and APFusion and governs your use of the Website, superseding any prior agreements between you and APFusion (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other APFusion services, third party content, or third party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the state of Arizona without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and APFusion agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The Terms of Service does not limit any rights that APFusion may have under trade secret, copyright, patent, trademark, or other laws. The failure of APFusion to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of APFusion and its successors and assigns.
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