Terms & Conditions
The only and sole intended use of this Website is for legitimate company representatives looking for people to work for their company and people looking for work for themselves, contract or direct hire. Users who are workers and seeking to provide services (“Suppliers”) and companies looking to hire or utilize such workers or services (“Companies”). Suppliers are subject to the terms of the “Supplier Service Agreement” below and Companies are subject to the terms of the “Master Services Agreement” below which by this reference is incorporated in and made a part of these Terms of Use. We nor the website take any responsibility for those seeking direct employment with Companies who use the service (“Employees”). No Employees on the site are considered “employees” of the site or Us unless explicitly documented in agreements outside the website. No other Users are intended or otherwise contemplated in this Agreement.
Privacy Statement
We respect Your concerns about privacy and have adopted systems and procedures intended to protect Your personal information from unauthorized access or use and provide You with a safe and secure online experience. We review and update these systems and procedures on an ongoing basis to maintain that environment. We intend for name, email, and phone numbers only to be seen by approved Users, and by placing this information in Your profile, you agree that approved Users can see and utilize this information. Other information posted by the User may be seen by public and User acknowledges this disclosure.
Risk, Responsibility and Disclaimers
You are solely responsible for and assume all risks associated with Your use of the Website, Content, Resources and Features (including without limitation any payment processing services available through third party providers in connection with the Website). THE WEBSITE, CONTENT, RESOURCES AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF AVAILABILITY, EFFECTIVENESS, MERCHANTABILITY, ERROR-FREE OPERATION, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, ABSENCE OF VIRUSES OR OTHER MALWARE, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR YOUR INTENDED USE OR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF EVERY NATURE AND DESCRIPTION, WHETHER EXPRESS OR IMPLIED, AND WHETHER BASED IN STATUTORY OR COMMON LAW, WITH RESPECT TO THE WEBSITE, CONTENT, RESOURCES AND FEATURES.
Accessing and using the Website requires use of equipment and services not provided by Us that enable You to transmit and receive data over the Internet. Your access to and use of such equipment and services is solely your responsibility and involves instrumentalities beyond Our control that may expose the computer or network used for such access to viruses, worms, Trojan Horses or other malware. We are not responsible and assume no liability for (i) any failures, delays, or interruptions in service with respect to the Website, Content, Resources or Features; (ii) any damage, corruption or loss of data by You or any third party; or (iii) any other adverse effects of viruses, worms, Trojan Horses or other malware You may experience in connection with Your use of the Website, Content, Resources or Features.
CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES, SUCH AS OUR SERVICE PROVIDERS THAT PROVIDE SOCIAL, COMMUNITY AND PUBLIC DISCUSSION AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN BOARDS, FORUMS, CHATS, BLOGS, AUCTIONS, SHOPPING, AND PERSONAL/JOB SEARCH AND OTHER CLASSIFIED ADS. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
Ownership of Features, Resources and Content
All copyrights and other proprietary rights in the Features, Resources and Content are owned by Us or Our licensors and We (or they, as applicable) reserve all rights in the Features, Resources and Content except as otherwise expressly provided in these Terms of Use. You may view and use the Features, Resources and Content solely for Your own purposes. You may not copy, reproduce or distribute any of the Features, Resources or Content without Our express written prior consent. Use of any of the Features, Resources or Content in connection with the promotion, marketing or sale of any product or service without Our consent is strictly prohibited. All trademarks appearing on the Website are the property of the owners thereof and the Website does not confer upon You any rights or interests therein.
Protection of Children
The Website is intended for use by adults and is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from anyone actually known to Us to be under the age of 13.
Limitation of Liability and Remedies
In no event shall We, Our licensors, suppliers, affiliates or other third parties referred to on the Website, nor any shareholder, director, officer, employee or agent of any of the foregoing (collectively the “Provider Parties”), be liable for damages of any kind (including, without limitation, actual, incidental, consequential or punitive damages), in excess of $500.00 any reason (including without limitation personal injury, wrongful death, lost profits, lost data or business interruption) resulting from or related to the use of or inability to use the Website or the Features, Resources or Content, whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not the Provider Parties were advised of the possibility of such damages. We, Our licensors, suppliers, affiliates or other third parties referred to on the Website are not liable for any personal injury, including death, caused by Your use or misuse of the Website, Content, Resources, Features or Public Venues (as defined below). Any claims arising in connection with Your use of the Website, any of the Content, Resources, Features or Public Venues must be brought within one (1) year of the date of the event giving rise to such action occurred (time being of the essence with respect to such deadline). Remedies provided for in these Terms of Use are exclusive of any and all other remedies otherwise available at law or in equity.
User Submitted Material
The Website may include (or link to) blogs, message boards, social media Websites and other means affording users opportunities to post and/or upload questions, opinions, comments, messages, information and other material viewable by Us and in some cases the public (“Public Venues”). You warrant and agree that any material of any type You post or upload to a Public Venue is non-confidential, does not include personally identifiable information, and does not infringe or violate any right of any other person or entity. By making a post or upload of material to the Website or otherwise communicating with Us You grant to Us a royalty free, perpetual, irrevocable, and assignable worldwide license to copy, reproduce, translate, edit, modify, publish, perform, distribute, make derivative works from and use in any way for any purpose such post, upload or communication. Posting or uploading to the Website material of any kind that is illegal or contains hateful, abusive, defamatory, threatening, harassing, offensive, obscene, pornographic, sexually explicit or other illegal or inappropriate material is strictly prohibited. You agree never to post to or use the Website or any Public Venue for any purpose that is illegal, fraudulent, infringes the rights of others, or includes advertising, promotional material, solicitation of business, chain letters, pyramid schemes, solicitation of wagering or gambling, spamming, or that is otherwise illegal or inappropriate. We reserve the right (but assume no obligation) to remove from the Website any user supplied material We deem inappropriate for any reason in Our sole discretion. You understand and acknowledge that (i) some user supplied material you encounter in a Public Venue may be offensive, inaccurate, incomplete, outdated, false, misleading or otherwise flawed, (ii) We have no obligation whatsoever to monitor or police any user supplied material, (iii) We make no representation or warranty whatsoever with respect to or in connection with any user supplied material, and (iv) You are solely responsible for and assume all risks in connection with Your use of or reliance upon any user supplied material.
Prohibited Uses
You agree not to use (or permit any other person to use) the Website or any Content, Resource or Feature for any criminal or illegal purpose of any nature or description, including without limitation fraud, identify theft, dissemination of viruses or other malware, misappropriation of passwords or other confidential information of others, conspiracy to commit an illegal act, impersonating others, harassment, invading anyone’s privacy, or harvesting, scraping or otherwise collecting information about others. You agree not to interfere with or disrupt the operation of the Website in any manner, including without limitation denial of service or similar attacks. You agree not to access or attempt to access sites or servers related to the Website or business without proper authorization. You agree not to use the Website in any way that interferes with the use or enjoyment of the Website by others.
All requests for work and manpower and for services rendered or offered on this Website must be handled through this Website. A Company may not find a Supplier’s profile in the Website and contact them to provide the services described hereunder outside of the Website. Companies and Suppliers are prohibited from hiring or contracting with one another outside of the arrangements and opportunities set forth in this Website. Suppliers and Companies using or registered on AutomateAmerica.com must not contact each other outside of the Website until the engagement has been fully initialized and confirmed by Automate America Inc. Company and Supplier may enter into direct hire or contracting arrangements outside of Automate America after the initial transaction involving Company and Supplier through this Website only after paying a fee or getting written permission from Divers Automation.
Online Payments
In connection with goods or services available through the Website We may, in our sole discretion from time to time, offer the option of making payments (including deposits) to Us via third party payment processing providers linked on the Website. We are not responsible for such third party Websites or their handling of your financial or other personal information they may collect. We do not collect or store your credit card or other payment information and disclaim all responsibility related to the collection or handling of such information. Please contact the appropriate third party payment processing provider directly if you have questions about their collection or handling of your financial or other personal information. Payments to Us made by credit card will reference Us on your statement as “Automate America”.
Security
The Website (either directly or through one or more third party providers) allows You to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person gains access to Your passwords or accounts related to the Website. It is Your sole responsibility to (1) control the dissemination and use of Your sign-in name, screen name and passwords; (2) monitor and control access to and use of Your passwords and accounts related to the Website; (3) promptly inform Us if You believe any of Your passwords or accounts has been compromised or if there is any other reason You need to deactivate a password or account. To send Us an email, use the “Contact Us” links located at the bottom of every page of Our site. You grant Us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of the Website. We do not have or assume any responsibility or liability for any information You post, submit, store, transmit or process on the Website or using any resource available on the Website or for any use or misuse of such information.
Relationship Created
Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between Automate America, Inc. and any User and no User shall have the authority to bind or contract for Automate America, Inc. in any manner whatsoever. Nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
All Suppliers here to are independent contractors and are not Automate America’s direct employee for any reason or for any purpose unless documented outside of the agreement. Supplier’s employees or contract personnel are not Automate America’s employees. All Users, Suppliers, and Companies agree to the following rights and consistent with an independent contractor relationship:
- Supplier has the right to and is encouraged to perform services for others.
- Supplier has the sole right to control and direct the means, manner, and method by which the services required will be performed, subject to the needs and parameters of the Company’s direction and requests.
- Supplier will furnish its/his/her own vehicles, and all equipment and materials used to provide the services.
- Except as otherwise prohibited by the Company, Supplier has the right to hire assistants as subcontractors, or to use employees to provide the services.
- The Supplier or Supplier’s employees or contract personnel shall perform the services. Automate America shall not hire, supervise, or pay any assistants to help Supplier.
- Automate America does not require and this Website does not require that Supplier or Supplier’s employees or contract personnel to devote full time to performing the services, if any, for the Company.
Any inquiry and/or communication between Users or exchange of information regarding jobs, profiles, or opportunities are not guaranteed for jobs, future jobs, contracts, or other compensated service and no User nor Automate America, Inc. nor this Website promise any job, compensation, opportunity, or warrant the services provided in any respect.
Agreement not to Solicit Personnel
Unless prior written authorization, a Company issuing purchase order for services, agrees that, during the term of the agreement, and for a period of one (1) year subsequent to the date of the delivery of services that both parties agree not to pursue employees whether they are employed with Automate America or a service partner of Automate America for the purposes of sub-contract or fulltime employment with their respective company, or any other third parties, for the purposes of training, programming, service or any other related services or business endeavors, that are part of the services each company currently or in the future may provide.
In the event either party makes an offer to the other company’s employees or sub-contractors without proper notification this will be deemed a breach of this contract. The party making said job offer, will be responsible for the following: 1 full year’s wages of employee, cost of training while the employee was on staff and /or damages for lost company income of (1) full year.
Note: Service partners that apply their personnel to “contract to hire” or “direct hire” opportunities do so with the understanding that upon acceptance of the work request will void the non-solicitation agreement and the Company may pursue said employee for hire.
Communication Services & Submissions
The Services and Resources may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable User to communicate with the public at large or with a group (collectively, “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity).
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate User’s access to any or all of the Communication services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, We specifically disclaim any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Service. We do not claim ownership of any materials that User inputs in the Communications Service, including any feedback, suggestions, posting, uploading, inputting, or submissions to the Communications Services (collectively, “Submissions”). By posting or submitting a Submission, User grants Us the license and permission to use the Submission in connection with the operation of the Services, including but not limited to the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Submission and publish User’s name in connection with the Submission. No compensation will be paid with respect to the user of the Submission and We are under no obligation to use any Submission and may remove any Submission at any time in Our sole discretion.
Our Rights
Your access to and use of the Website, Content, Resources and Features is a privilege, not a right, and We may, in Our sole discretion, revoke Your access to or use of the Website, Content, Resources or Features, in whole or in part, at any time for any reason. We reserve the right at any time and in Our sole discretion (but We have no obligation) to monitor, police, record, edit, disclose to others or remove any posting or other communication in a Public Venue by You or any other person.
Automatic Termination of Permission
If You violate any of these Terms of Use Your permission to access and use the Website, Content, Resources and Features automatically terminates without requirement of any further action by Us or notice to You and You shall immediately cease and desist from any further use of the Website, Content, Resources and Features and destroy any copies You have made of any portion of the Content.
We reserve the right, in addition to other remedies, to terminate, discontinue, suspend and/or restrict the Resources and Features and other services, Your account/profile, ability to access, visit and/or use the Website or any portion thereof, and/or the Agreement, including without limitation any of Our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of User’s account/profile, ability to access, visit and/or use the Website or any portion thereof, and/or the User Agreement, We reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID. Even if the Website, your ability to access, visit and/or use the Features and Resources or any portion thereof, and/or the User Agreement is terminated, discontinued, suspended or restricted, by User or Us, We have no obligation to (but may in its discretion) remove any Submissions, and therefore copies of all information with regard to User’s account/profile and/or Submission. We have no obligation to retain, store, or provide User with any information with regard to User’s account/profile and/or Submissions. All provisions of the User Agreement shall survive the termination or expiration of the Agreement and/or account/profile.
Advertisements, Searches, and Links to Other Sites
The Website may provide links to third-party Websites and may select certain sites as priority responses to search terms You enter. We may allow advertisers to respond to certain search terms with advertisements or sponsored Content. However, We do not recommend and do not endorse any third party product or service or the content of any third-party Websites. We are not responsible for the content or accuracy of third-party Websites linked or framed within the Website or their advertising appearing on the Website. Your use of any and all third-party Websites is at Your own risk and subject to the terms and conditions of use for such Websites. We reserve the right to offer premium services and increased or more visible search capabilities at our discretion and/or as policies are established from time to time.
Indemnification
You agree to indemnify, defend and hold harmless Us and Our directors, officers, employees and other agents from any and all claims, damages, losses, expenses (including fees and expenses of attorneys, experts and other professionals) or other liabilities of any kind resulting from or arising out of Your access to or use of the Website, or the Content, Resources or Features or Your failure to comply with these Terms of Use or Our rules and policies with respect to the Website in effect from time to time.
Modification of these Terms of Use
We reserve the right to change the terms, conditions, and notices under which this Website is offered, including but not limited to the charges associated with the use of the Website. Continued access of the Service by You will constitute acceptance of any changes or revisions to the User Agreement
Links to Third Party Sites
The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of US and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Us or the any association with the Linked Site operators.
Registration and Account/Profile Creation
You may be required to register for certain products and/or services, and/or to make purchases, or register and/or set up an account/profile to access, visit and/or use certain portions of the services, Resources, or Features, in which case You may be provided, or required to choose, a password and/or User ID, and You may provide a credit, debit, or charge card number, or other payment information, as well as Your name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as Your age, gender, an avatar, and the number for mobile or other device may also be requested. In addition, User may be asked to send Us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as User’s “Registration Information”.
Users may not set up multiple profiles or accounts. User agrees, represents, warrants, and guarantees that all Registration Information provided by User is true, accurate, complete, up-to-date, and solely User’s. User may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of User’s Registration Information changes, User must update it promptly by using the mechanism or contact information on the Service that allows User to change or update User’s Registration Information, if available. WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM USER’S FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION USER’S FAILURE TO RECEIVE CRITICAL INFORMATION. WE ARE NOT RESPONSIBLE FOR VERIFYING USER’S REGISTRATION INFORMATION.
We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to User, any avatar User may be using or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain products and/or services.
User will be solely responsible for maintaining the confidentiality of User’s Registration Information. User may not authorize or permit anyone else to access and/or use User’s Registration Information, or access, visit and/or use the Service by use of User’s account/profile and/or Registration Information. User may not access and/or use anyone else’s Registration Information, or access, visit and/or use the Service by use of anyone else’s account/profile and/or Registration Information. User may not sub-license, transfer, sell, rent or assign User’s Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
User is solely responsible for all access or visitation to, usage of, or activity on, User’s account/profile including, but not limited to, use of the account/profile by any person who uses User’s Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which User’s account/profile resides or is accessible. User acknowledges and agrees that Company may, and User specifically authorizes Company to, process all transactions, including without limitation purchases and/or registration for additional merchandise, products and/or services, including without limitation Content, that are initiated by use of User’s Registration Information.
If You have reason to believe that Your or another User’s account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of User’s Registration Information), You must immediately change the affected Registration Information and/or close the account/profile.
Notice and Takedown Procedures; and Copyright Agent
If You believe any materials accessible on or from the Website infringe Your copyright, You may request removal of those materials (or access thereto) from the Website by contacting Our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location of an authorized version of the work.
- Identification of the material that You believe to be infringing and its location. Please describe the material, and provide Us with other pertinent information that will allow Us to locate the materials.
- Your name, address, telephone number and (if available) email address.
- A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that You have provided to Us is accurate, and indicating that “under penalty of perjury,” You are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to the Website is as follows:
Thomas D. Huycke
Dority & Manning, Attorneys At Law, P.A.
Two Liberty Square
75 Beattie Place, Suite 1100
Greenville, South Carolina 29601 USA
Fax: (864) 233-7342
E-mail: thuycke@dority-manning.com
In an effort to protect the rights of copyright owners, We maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
General
We are domiciled in the United States of America. We make no representation or assurance that the Website, Content, Resources or Features are legal or accessible outside of the United States. If You access the Website from outside the United States, You do so at Your own risk and You are solely responsible for compliance with the laws of all applicable jurisdictions.
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of laws rules or principles. The illegality, invalidity or unenforceability of any provision of these Terms of Use shall not render illegal, invalid or unenforceable any other provision hereof.
The state and federal courts located in the State of South Carolina have exclusive jurisdiction over any and all disputes between You and Us (or Our directors, officers, employees, or agents) in any way relating to the Website, Content, Resources or Features, or Your use of any of the foregoing. You and We each expressly consent to the jurisdiction of such courts over Us personally and You and We agree that venue in such courts is convenient and proper. IN CONNECTION WITH ANY LEGAL PROCEEDING WITH RESPECT TO ANY SUCH DISPUTE YOU AND WE EACH HEREBY IRREVOCABLY WAIVES OUR RIGHT TO A JURY TRIAL.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except for any agreements with respect to Your use of any Features (if applicable), these Terms of Use constitute the entire agreement between You and Us with respect to the use of the Website, Content, Resources and Features.
Questions or comments regarding the Website, including any reports of non-functioning links, may be submitted via email at info@dev-cbl.automateamerica.com or via U.S. mail addressed to:
AutomateAmerica.com
PO BOX 1638
Greer, SC 29652
Attn: Webmaster