TERMS OF SERVICE

Last updated February, 22 2024

AGREEMENT TO TERMS

These Terms of Use form a legally binding contract between you (whether as an individual or on behalf of an entity) and AutoClue, LLC, which operates under the name AutoClue ("we," "us," or "our"), regarding your use of the https://www.autoclue.com website and any associated services, including any forms of media, channels, mobile websites, or applications connected to it (referred to collectively as the “Site”). Our company is incorporated in Texas, United States, with our registered office located at 301 Hunters Creek Drive, Longview, Texas 75605. By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

If you do not accept these Terms of Use in their entirety, you are strictly prohibited from using the Site and should stop using it immediately.

We may also post additional terms, conditions, or documents related to the Site use, which are incorporated by reference into these Terms of Use. We reserve the right to update or modify these Terms of Use at our discretion at any time and for any reason. Changes will be indicated by an updated "Last updated" date on these Terms of Use, and you forego any right to direct notification of such changes. It is your responsibility to review these Terms regularly to stay informed of any updates. By continuing to use the Site after updates are posted, you accept and agree to the revised Terms.

The content and information on the Site are not designed for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be against the law or regulation or would obligate us to comply with registration requirements within such jurisdiction or country. Individuals who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws to the extent they are applicable.

This Site does not conform to specific industry regulations (such as HIPAA, FISMA, etc.), and should not be used if your interactions are governed by such laws. Use of the Site that violates the Gramm-Leach-Bliley Act (GLBA) is prohibited.

Only individuals who are at least 18 years old are permitted to use the Site. Use or registration by persons under the age of 18 is not allowed.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By engaging with the Site, you affirm and guarantee that: (1) the registration details you provide are truthful, precise, up-to-date, and complete; (2) you will keep such information accurate and promptly modify any registration details as needed; (3) you possess the legal capacity and agree to adhere to these Terms of Use; (4) you are not considered a minor in your place of residence; (5) you will not access the Site via automated or non-human methods, including but not limited to bots, scripts, or similar means; (6) you will not utilize the Site for any unlawful or unauthorized activities; and (7) your usage of the Site will comply with all relevant laws and regulations.

Should any information you provide prove to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any present or future access to the Site (or any part thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

By engaging with the Site, you affirm that your use will be in strict accordance with its intended purpose as set forth by us. The Site is not to be utilized for any commercial activities unless explicitly sanctioned or approved by us.

As a Site user, you are prohibited from:

  • Engaging in any form of data retrieval from the Site to assemble or compile, directly or indirectly, any collection, database, or directory without our express written consent.
  • Deceiving, defrauding, or misleading us or other users, particularly in attempts to obtain sensitive information such as passwords.
  • Bypassing or interfering with any security features of the Site, including those designed to limit the use or copying of any content, or enforce use restrictions.
  • Discrediting, demeaning, or causing harm to us or the Site, in our view.
  • Using information from the Site to harass, abuse, or harm another individual.
  • Misusing our support services or filing false reports of misconduct or abuse.
  • Utilizing the Site in ways that violate any applicable laws or regulations.
  • Unauthorized framing of or linking to the Site.
  • Transmitting or attempting to transmit viruses, Trojan horses, or other harmful components, or engaging in spamming or excessive posting of repetitive text that disrupts others' use of the Site.
  • Automating site interactions, such as using scripts for comments or messages, or employing data mining, robots, or similar data collection and extraction tools.
  • Removing copyright notices or other proprietary indicators from content.
  • Impersonating another user or person, or using someone else's username.
  • Transmitting any material designed to collect or transmit information covertly, including spyware or other passive collection mechanisms.
  • Overburdening the Site or connected networks or services.
  • Harassing, intimidating, or threatening our employees or agents involved in providing any part of the Site to you.
  • Circumventing any measures designed to block or restrict access to the Site or parts of the Site.
  • Copying or modifying the Site’s software, such as Flash, PHP, HTML, JavaScript, or other code.
  • Deciphering, decompiling, disassembling, or reverse engineering any part of the Site's software, contrary to applicable law.
  • Using automated systems or unauthorized scripts to access the Site, beyond standard search engine or browser use.
  • Employing a buying or purchasing agent to make purchases on the Site.
  • Engaging in unauthorized collection of usernames or email addresses of users, creating accounts by automated means or under false pretenses, or using the Site for unsolicited email.
  • Competing with us using the Site, or using the Site and its content for any commercial or revenue-generating activity not approved by us.
  • Advertising or selling goods and services through the Site.
  • Selling or transferring your profile.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

Your submission of information and personal data is subject to our Privacy Policy. You consent to our collection, storage, processing, and use of your information as described therein.

By offering suggestions or feedback, you grant us permission to utilize and distribute this input for any purpose, without any obligation to compensate you.

Ownership of your content remains with you. You maintain ownership and any intellectual property or proprietary rights associated with your contributions. We are not responsible for any claims or assertions made in your contributions. It is your duty to ensure the integrity of your contributions to the platform. You also agree to release us from any responsibility related to your contributions and to abstain from legal action against us concerning your content.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITE AND CONTENT

The Site may provide links to other websites ("Third-Party Websites") as well as access to content, products, and services from third parties, including users, advertisers, affiliates, and sponsors of the Site. This content may include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and more ("Third-Party Content"). We do not conduct investigations, monitoring, or checks for accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content. Therefore, we are not liable for any Third-Party Websites you may access through the Site or any Third-Party Content posted on, available through, or installed from the Site, including its content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. Including, linking to, or allowing the use or installation of any Third-Party Websites or Third-Party Content does not equate to our endorsement.

Should you choose to leave the Site and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and our Terms of Use no longer apply. We encourage you to review the terms and policies, especially those related to privacy and data collection, of any site you visit or applications you use from the Site. Any transactions made through Third-Party Websites are between you and the respective third party. We are not responsible for any transactions or agreements made between you and any third party and will not be held liable for any loss or damage arising from your interaction with Third-Party Content or Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.autoclue.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

TERM AND TERMINATION

Access to and use of this website are subject to these Terms of Use, which are in effect for the duration of your interaction with the website. We reserve the unilateral right to restrict or block access to the website for any user, including blocking specific IP addresses, at any time, for any reason, including but not limited to breaches of the terms, warranties, or agreements outlined in these Terms of Use or applicable laws or regulations, without the obligation to provide notice or assume liability.

In the event of a violation, we may terminate your access to the website, deactivate or delete your account, and remove any content you have posted, at our discretion and without prior notification.

If your account is terminated or suspended, you are prohibited from registering a new account under your name, a pseudonym, or the name of any third party, whether or not you represent that third party. Following the termination or suspension of your account, we retain the right to take legal action, which may include civil, criminal, or injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW 

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration


If the parties cannot settle a dispute through informal negotiation, the dispute, with specific exceptions not covered here, will be resolved exclusively by binding arbitration. This means you waive the right to sue in court and have a jury trial. Arbitration will follow the Commercial Arbitration Rules and, when applicable, the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"), available at the AAA's website. Your costs for arbitration and your portion of the arbitrator's fees will be determined by these rules, subject to limitations for consumer-related disputes. Arbitration can take place in various forms, such as in-person, document submissions, by phone, or online. The arbitrator's decision will be written and will adhere to the law; a detailed explanation will be provided if requested. The decision can be legally challenged if it doesn't comply with the law. Unless required differently by rules or law, arbitration will occur in Harris County, Texas. The parties retain the right to court action to enforce arbitration, pause court proceedings during arbitration, or to confirm, modify, or challenge the arbitration outcome.

Should a dispute proceed in court instead of arbitration, it will be handled in state and federal courts in Harris County, Texas. By agreeing to these terms, the parties waive any objections to this location based on personal jurisdiction or inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.

Disputes must be brought within one year from when the cause of action arose. Should any part of this arbitration agreement be deemed unenforceable, disputes not covered by arbitration will be resolved in the specified courts, to which the parties agree to submit to jurisdiction.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The site is provided "as is" and on an "as available" basis. Your use of the site and our services is solely at your own risk. To the maximum extent allowed by law, we disclaim all warranties, both express and implied, related to the site and your use of it. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, completeness, or reliability of the site's content or of any sites linked to this site. We will not be liable for any errors or omissions in content, any personal injury or property damage related to your use of the site, any unauthorized access to or use of our servers and/or any personal or financial information stored on them, any interruption or cessation of communication to or from the site, any malicious software that may be transmitted to or through our site by any third party, and any loss or damage of any kind incurred as a result of using any content posted, transmitted, or otherwise made available via the site.

Furthermore, we do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked website, or featured in any banner or other advertising. We are not involved in monitoring any transactions between you and third-party providers of products or services. As with any purchase of a product or service through any means or in any setting, you should exercise caution and use your best judgment.

LIMITATIONS OF LIABILITY

Under no circumstances will we, our directors, employees, or agents be held liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to, loss of profits, revenue, data, or other losses, resulting from your use of the site, regardless of whether we have been informed of the possibility of such damages. Despite any provisions to the contrary, our total liability to you for any reason and regardless of the form of action, will always be limited to the lesser of the amount you have paid us in the six (6) months before the event giving rise to the claim or $150.00 USD. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law, and you may also have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, 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: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use, along with any rules or policies posted on the Site, represent the complete agreement and understanding between you and us. Our failure to assert a right or provision under these terms does not waive our ability to do so later. These terms are enforced to the maximum extent allowed by law. We may transfer our rights and duties under these terms to others at any time. We are not liable for any loss, damage, delay, or inaction due to reasons beyond our reasonable control. If any part of these terms is found to be invalid, illegal, or unenforceable, that part will be removed, and the remainder will still apply. No joint venture, partnership, employment, or agency relationship is created by these terms or your use of the Site. The fact that we wrote these terms will not be used against us. By agreeing to these terms, you give up any objections to the electronic format of these agreements and the absence of signatures from both parties to formalize these terms.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

AutoClue, LLC

301 Hunters Creek Drive

Longview, Texas 75605

United States

support@autoclue.com