We may revise and update these TOU from time to time in our sole discretion. Supplemental provisions of the TOU and subsequent modifications to the TOU may be posted on the Solutions from time to time. All changes shall become effective immediately upon the posting thereof. Should you object to any supplemental provisions or subsequent modifications to the TOU, or should you become dissatisfied with the Solutions or Company Services, your only recourse against the Company is to immediately discontinue use of the Solutions and Company Services by deactivating your account. Your continued use of the Solutions and Company Services following the posting of revised TOU means that you accept and agree to the changes. You are expected to check the Solutions from time to time so that you are aware of any changes, as they are binding upon you.
Company’s Solutions and/or Services assume all users are over the age 13. Persons under the age of 13 are not permitted to register for the Solutions or use the Company Services. By using the Solutions or Company Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Solutions or Company Services.
2. Your Account
You may be required to create and/or register an account in order to access and use some or all of the Solutions and/or Company Services. These processes may require you to provide information consisting of a name, password, zip code, email address, mobile phone number, as well as to provide other information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you may be held liable for losses incurred by the Company or another party due to someone else using your account. You may not use anyone else’s account at any time.
3. Prohibited Activities
You may use the Solutions and Company Services only for lawful purposes and in accordance with these TOU. The Solutions and Company Services are for the business use of users. The Solutions and Company Services may not be used by users in connection with any endeavors other than intended, except those that are specifically endorsed or approved in writing by the Company.
You are NOT authorized to use the Solutions or Company Services for commercial distribution purposes.
Additionally, you agree not to use the Solutions and Company Services:
Additionally, you agree not to:
4. Service Fees and Interactions
Set-up, maintenance and monthly / annual fees of the Solutions and Company Services are defined in those Solutions and Company Services Fee Schedules and are subject to change at any time, and are governed by our Terms of Sale, which are hereby incorporated into these TOU.
Your interactions (including but not limited to payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions) with third parties (including but not limited to individuals, organizations, businesses or other entities found on or through the Solutions or Company Services) are solely between you and such third parties. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTIES.
5. Third Party Services
The Solutions or Company Services may contain links, or features and functionalities that link you to other services and resources provided by third parties, which are completely independent of the Company. These links are provided for your convenience only. The Company makes no representation or warranty as to the accuracy, timeliness, completeness or authenticity of the information provided by any third parties. Therefore, when you link to any other third party services, you do so entirely at your own risk and subject to their terms and conditions of use. You agree that you must evaluate and bear all risks associated with the use of any products or services provided by third parties, that you are independently responsible for verifying representations made at such third parties sites, and that under no circumstances will the Company be liable in any way for any representations provided by third parties or for any loss or damage of any kind incurred as a result of your reliance upon such representations.
The Dynamic Recall Management service contains no recall information regarding trailers, medium- duty vehicles, heavy-equipment, RVs, commercial equipment, campers, motorcycles, limousines, racing, non-vehicles, custom-shops, after-market, components (ex: tires, brakes, engines, batteries), boats, buses, heavy-lift, etc. As stated above, we cannot guarantee these are all the recalls, nor that you might not receive a ‘false positive’ matches or no matches when recalls actually exist. Not all OEMs provide all necessary information (examples: “remedy not available”, “parts not available”, service campaign information, emission recall information, etc.), or provide such information intermittently.
AUTOAP, INC. DOES NOT GENERATE VEHICLE RECALL INFORMATION AND IS NOT RESPONSIBLE FOR VEHICLE RECALL STATUS, ACCURACY, TIMELINESS, OR OTHER INFORMATION OBTAINED FROM AUTOMOBILE ORIGINAL EQUIPMENT MANUFACTURERS (OEMS), SAFERCAR.GOV, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA), ETC. AUTOAP IS NOT RESPONSIBLE SHOULD THESE SOURCES CHANGE THEIR DATA, PROCESSING, ETC, WHICH MAY OCCUR AT ANY TIME THROUGHOUT AUTOAP’S SERVICE USE.
6. Intellectual Property
The content and information on the Solutions originating from the Company (“Company Content”), as well as the infrastructure used to provide both, is proprietary to the Company and/or our partners. The trademarks, service marks and logos contained therein are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, Solutions designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content or software, products or services obtained from or through the Solutions or Company Services without express written permission of the Company. You further agree to abide by any and all copyright notices displayed on the Solutions or with Company Services.
You may not access the application programming interfaces (APIs) other than in the normal course of using the Solutions; create any derivative work of the Solutions; or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Solutions, except to the extent required by local law to obtain interoperability with independently created computer programs or as required by other compulsory local law.
7. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
The Company reserves the right to terminate these TOU or any other agreement, related to the use of the Solutions or Company Services, with you or any user who infringes third-party copyrights. If you believe that material has been posted via the Solutions and/or by a user in a way that constitutes copyright infringement, please provide the Company with the following information:
Contact information for the Company’s DMCA Agent for notice of claims of copyright infringement is:
4804 NW Bethany Blvd., Suite I-2, #342, Portland, OR 97229
8. Availability of Solutions and Company Services
We use reasonable efforts to keep the Solutions and Company Services accessible. Notwithstanding our reasonable efforts, the Solutions or Company Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You acknowledge that there may be interruptions in service or events that are beyond our control. Further, you understand and acknowledge that due to circumstances both within and outside of our control, Solutions or Company Services access may be interrupted, suspended or terminated. Additionally, the Company retains the right at our sole discretion and without notice or liability, to deny service, or access to the Solutions or Company Services to anyone or any account, at any time and for any reason and to delete any user profile, User Content or information posted at any time.
Further, in order to protect the integrity of the Solutions and Company Services, the Company reserves the right at any time in its sole discretion to block certain IP addresses and/or telephone numbers from accessing the Solutions or Company Services. Any provisions of the TOU that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of the TOU, shall be deemed to survive for as long as necessary to fulfill such purposes.
9. Privacy and Security
We care about the privacy of our users. All information we collect through the Solutions is subject to the Company’s Privacy and Security Policy. Please review the Company Privacy and Security Policy. By using the Solutions or Company Services, you are consenting to have your data transferred to and processed anywhere the Company requires, in order to fulfill terms of sale. By using the Solutions or the Company Services, you are consenting to all actions taken by us with respect to your information in compliance with the terms of the Company Privacy and Security Policy.
10. Term and Termination
The TOU shall remain in full force and effect while you use the Solutions or Company Services or are otherwise a user or member of the Solutions or Company Services, as applicable. You may terminate your use of the Solutions or Company Services at any time, for any reason, by following the instructions for terminating user accounts in your specific services agreement. If there are no termination instructions in your specific services agreement, you must provide thirty (30) day’s notice. The Company reserves the right to terminate or suspend your access to all or part of the Solutions for any or no reason, including without limitation, any violation of these TOU.
11. Modifications and Services
The Company reserves the right at any time to modify, discontinue temporarily, or discontinue permanently the Solutions or Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Solutions or Company Services, or termination of the Solutions. If the Solutions or Company Services are terminated, any additional and on-going fees billed by Company and paid by the User will cease.
12. Governing Law and Jurisdiction
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to the Solutions or the Company Services (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon, excluding such state’s conflicts of law provision or rules (whether of the State of Oregon or any other jurisdiction).
Any legal suit, action, or proceeding of whatever nature by or against the Company arising out of or related in any respect to these TOU, the Solutions, or the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Washington County, Oregon; subject, however, to the right of the Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce the TOU or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts, and where applicable you waive the right to require a bond. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from the TOU. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from the TOU.
13. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or related in any way to these TOU or the Solutions and/or the Company Service (including your visit to or use of the Solutions and/or the Company Service) must be instituted within two (2) years after the cause of action accrues, otherwise such cause of action or claim is permanently barred.
Occasionally there may be information on the Solutions or transmitted to users by push notifications, e-mail, text message, or other electronic means, that contains typographical errors, inaccuracies, or omissions that may relate to the Solutions, Company Services, or other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
15. Geographic Restrictions
The Company makes no representation that the Solutions or any of its content is appropriate or available in other locations outside of the United States. The information provided on the Solutions or electronically to users of Company Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Solutions or use Company Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SOLUTIONS AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOLUTIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR MOBILE APP LINKED TO IT.
YOUR USE OF THE SOLUTIONS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOLUTIONS IS AT YOUR OWN RISK. THE SOLUTIONS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOLUTIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE SOLUTIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SOLUTIONS, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOLUTIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SOLUTIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOLUTIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation on Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, EMPLOYEES, OFFICERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SOLUTIONS OR COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $10. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify, and hold the Company, its subsidiaries, and affiliates, and its and their respective officers, directors, agents, partners, providers, licensors, employees, successors and assigns harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of or relating to your use of the Solutions or Company Services, including but not limited to your user submissions, your use of any information obtained from the Solutions or Company Services, any use of the Solutions or Company Services other than as expressly authorized in these TOU, from a breach of these TOU, or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with the Company’s defense of such claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to the Company shall be given by email to:
Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent to the email address provided by user to the Company. We may also choose to send notices by push notifications, regular mail or text message.
20. Waiver and Severability
No waiver of by the Company of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
If any provision of these TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOU will continue in full force and effect.
21. Entire Agreement
Except for any Services Agreement you may have entered into with the Company, the TOU, Terms of Sale and the Privacy and Security Policy constitute the sole and entire agreement between you and the Company regarding the use of the Company Services and the Solutions. The TOU, Terms of Sale and the Privacy and Security Policy supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Company Services and Solutions.
The section numbers and titles of the TOU are for convenience only and have no legal or contractual effect. The TOU operates to the fullest extent permissible by law. You may not assign the TOU and your account without our express written consent. The Company may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond the Company's reasonable control. Upon the Company’s request, you will furnish the Company any documentation, substantiation, or releases necessary to verify your compliance with the TOU. You agree that the TOU will not be construed against the Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of the TOU and the lack of signing by the parties hereto to execute the TOU as a binding legal agreement.
23. Contact Us
In order to resolve a complaint regarding the Solutions or Company Services or to receive further information regarding use of the Company Services, please contact the Company as set forth below:
4804 NW Bethany Blvd., Suite I-2, #342, Portland, OR 97229
Effective Date / Date Last Modified
These TOU are effective as of December 11, 2014. Last updated November 11, 2020.