Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND AUTOGRAPH INC. (“AUTOGRAPH”) FOR THE USE OF ANY WEBSITE, MOBILE WEBSITE OR APPLICATION OF AUTOGRAPH (COLLECTIVELY THE “SITES”) THAT LINK TO THESE TERMS OF USE. BY CLICKING THE “I ACCEPT” BUTTON OR USING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. BY DOWNLOADING THE APPLICATION OR USING THE SITES, YOU CONSENT TO THE COLLECTION AND USE OF LOCATION-BASED DATA AS DESCRIBED IN SECTION 5 BELOW AND IN THE PRIVACY POLICY LOCATED AT AUTOGRAPH.ME. YOU MAY OPT OUT OF FURTHER COLLECTION AT ANY TIME BY UNINSTALLING THE APPLICATION.
 

  1. Service. The Sites collect information that you provide or permit to be collected. autoGraph may use that information to provide you with information about third-party advertisements, deals, promotions and offers (collectively, “Offers”) that we believe will be of interest to you (the “Service”). The Service also may allow you to share certain information about such Offers with your friends and other third parties, including through social media platforms.  The Service may also allow you to send emails between you and third party while keeping your actual email address anonymous to the third party. 

  2. License. Subject to the terms, conditions and limitations set forth in these Terms of Use, autoGraph grants you a non-exclusive, non-transferable license to use the Sites and the Service. The terms of the license will also govern any upgrades provided by autoGraph that replace and/or supplement the Sites and Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

  3. Limitations. You agree not to do, or authorize or permit any third party to do, any of the following: (i) distribute or make the Sites or the Service available over a network where they could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense any portion of the Sites or Service; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Sites, any updates, or any part thereof (except as and only to the extent any foregoing restrictions are prohibited by applicable law); (iv) modify, alter or create any derivative works of the Sites or the Service; or (v) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Sites or the Service. If you violate any of the foregoing restrictions, your use of the Sites and the Service will be unlicensed and will infringe the copyright and other rights of autoGraph and/or third parties, which may subject you to
    prosecution and damages. autoGraph reserves all rights not expressly granted to you herein.

  4. Eligibility. You must be 18 or older to use the Sites and the Service. Any use of the Sites or the Service by children under 18 is unauthorized and in violation of these Terms of Use. By using, accessing or downloading the Sites or the Service, you represent and warrant that you are at least 18 years of age. You may not permit children under the age of 15 to access your account, and you accept full responsibility for any unauthorized use of the Sites or Service by children under 18.

  5. Consent to Use of Data and Mobile Communications. You agree that autoGraph may collect and use location data, technical data and related
    information in connection with your use of the Sites, including but not limited to location information, device type, the unique device identifier
    (“UDID”) for your mobile device and other technical information about your device, system and application software, and peripherals, that is gathered
    periodically to facilitate the features and functionality of the Sites and of software updates, product support and other services. Location
    information will only be collected if you provide it or agree to permit such collection. We use your location information to provide the Service,
    including to create and/or aggregate data from which your personally identifiable information has been removed or obscured for the purpose of providing location-sensitive advertising. This aggregate information may be shared with advertisers or other third parties. You also consent to
    our communicating with you about the Sites and the Service or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications. You consent to the transfer of your user data, personal information, location information, or any other information we collect about you to our servers in the United States or in other countries for the purpose of delivering the Sites and Service to you.

  6. Third Party Sites and Materials. The Sites may provide links to third party websites, and may also display, link to or otherwise make available third party content, data, information, events, applications or materials (“Third Party Materials”). autoGraph does not endorse or control and makes no representations or warranties of any kind regarding any Third Party Materials, including regarding the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality, or any other aspect
    thereof. If you access or use any third party website, you should be aware that autoGraph’s terms and policies no longer govern. You should review the
    applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from the Sites.

  7. Third-Party Advertisements, Promotions, Products and Services. autoGraph may run advertisements or provide information regarding or links to
    third party Offers or may otherwise provide information about or links to third-party products or services. Such Offers, third party products and
    services and your business dealings or communications with, or participation in Offers of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or Offers, are solely between you and such third party. autoGraph is not responsible or liable in any manner for any such Offers, for any third party products or services or for any loss, damage or harm of any sort incurred as the result thereof. autoGraph does not endorse, recommend, approve or control any such third parties or any third party Offers, products or services.

  8. Third Party Interactions. Your use of the Sites and the Service and your contact, interaction, or dealings with any third parties arising out
    of your use of the Sites and Service is solely at your own risk. You acknowledge and agree that autoGraph is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Sites or the Service, including from any contact with third parties who you may interact with in connection with your use of the Sites or the Service.

  9. User Content and Conduct. The Sites and Service may include features which allow you or other users to upload, post or send photos, text,
    messages, emails, data, information, or other content (“User Content”). Users are solely responsible for all User Content they upload, post or send to or through the Sites, or that are uploaded, posted or transmitted using their account, as well as for their conduct and the conduct of anyone using their account. You further agree that autoGraph is not in any way responsible for the conduct or content of other users that you may encounter as a result of using the Sites or Service.You agree not to upload, post, send or otherwise publish through the Sites any of the following:

  10. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of
    privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;

  11. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any third party or
    violate any local, state, national or international law;

  12. Viruses, corrupted data or other harmful, disruptive or destructive files;

  13. Code, script, or other software designed to automate any functionality on the Sites or Service without autoGraph’s express written consent;

  14. Unsolicited commercial messages (spam), chain messages, or other content designed to deceive, trick, or mislead other users of the Sites or the
    Service; and

  15. User Content that restricts or inhibits any other person from using or enjoying the Sites or the Service or which may expose autoGraph or its users
    to any harm or liability of any type.


autoGraph takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party.

Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at autoGraph’s discretion, and failure to enforce such
rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create
any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is
prohibited by such rules.

Although autoGraph has no obligation to screen, edit or monitor any of the User Content, autoGraph reserves the right, and has absolute discretion, to
screen, monitor, edit or remove any User Content at any time and for any reason without notice. You grant autoGraph and its affiliates a nonexclusive,
royalty-free, fully sublicensable right to use, reproduce, modify, adapt, publish, distribute, perform and display any User Content you post in
connection with the Sites and the Service, along with any information such as a name, email address, phone number, advertar name etc., that you submit
in connection with such content, if we choose. You understand and agree that the use of your or other users name, likeness, voice or identity in
connection with various features in the Sites does not imply any endorsement of such feature or of the Sites, the Service or autoGraph, unless
explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you
otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and c) use and posting of the
User Content you supply does not violate these Terms of Use and will not violate any third party rights, including intellectual property rights, or
cause injury to any person or entity.

  • Ownership. The Sites and the Service contain the valuable proprietary content of autoGraph and its licensors and are protected by copyright
    and other intellectual property laws and treaties. You agree not to use the Sites or the Service except in their intended manner in accordance with
    these Terms of Use.

  • Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law,
    autoGraph has adopted a policy of terminating, in appropriate circumstances and at autoGraph’s sole discretion, users or account holders who are deemed to be repeat infringers. If you believe that anything in the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

    • Name of Agent Designated to Receive Notification of Claimed Infringement: DMCA AGENT 

    • Full Address of Designated Agent to Which Notification Should be Sent: autoGraph Inc., 3518 Fremont Ave. N., #541, Seattle, WA 98103

 

Telephone Number of Designated Agent: (800) 975-6810

 

E-Mail Address of Designated Agent: comments@auto-graph.com

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.

  • Termination or Modification of Application or Service. autoGraph reserves the right to change, suspend, remove, discontinue or disable access
    to the Sites or the Service at any time without notice. In no event will autoGraph be liable for the removal of or disabling of access to any portion or feature of the Sites or the Service.

  • Termination. Either party may terminate these Terms of Use at any time for any reason or for no reason immediately upon notice. autoGraph may
    also discontinue the Sites, in which case these Terms of Use shall terminate automatically without notice. In the event of the termination of these Terms of Use for any reason: (a) the license granted to you in these Terms of Use will terminate; (b) upon receiving any notice of termination, you must immediately cease all use of the Sites and destroy or erase any copies in your possession or control; and (c) sections 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of these Terms of Use shall survive any such termination. Any use of the Sites after termination is unlicensed and is in violation of the copyright and other rights of autoGraph.

  • DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITES AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
    SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND THE
    SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. autoGraph HEREBY DISCLAIMS ALL REPRESENTATIONS,
    WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES AND THE SERVICE, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE
    IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND
    NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AUTOGRAPH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR THE SERVICE WILL BE ACCURATE OR MEET
    YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITES OR THE SERVICE WILL
    BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY AUTOGRAPH OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

  • LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AUTOGRAPH BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL,
    INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
    INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED,
    REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AUTOGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL AUTOGRAPH’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
    LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ONE DOLLAR. THE
    FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  • Export Limitations. You may not use or otherwise export or re-export the Sites except as authorized by United States law and the laws of the
    jurisdiction in which the Sites were obtained. In particular, but without limitation, the Sites may not be exported or re-exported (a) into any U.S.
    embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied
    Person’s List or Entity List. By using the Sites, you represent and warrant that you are not located in any such country or on any such list. You also
    agree that you will not use the Sites for any purposes prohibited by United States law or the laws of other countries in which you are using the Sites,
    including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.US Government Rights. The Sites and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101,
    consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48
    C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
    Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial
    Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. 

  • Unpublished-rights reserved under the copyright laws of the United States.

  • Governing Law; Venue. The laws of the State of Washington, excluding its conflicts of law rules, govern your use of the Sites and Service.
    Your use of the Sites and Service may also be subject to other local, state, national, or international laws. You agree that any action at law or in
    equity arising out of or relating to the Sites, the Service or these Terms of Use shall be filed only in the state and federal courts located in King
    County, Washington, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or
    proceeding.

  • ADDITIONAL END USER LICENSE AGREEMENT (“EULA”) TERMS APPLICABLE TO IPHONE, IPOD TOUCH AND/OR IPAD APPLICATIONS.  Notwithstanding anything to the contrary set forth above, the following additional terms shall apply to any Applications downloaded for use on the
    iPhone, iPod Touch or iPad:

  • Acknowledgement: You acknowledge that these Terms of Use are concluded solely between you and autoGraph, and not with Apple. autoGraph, not
    Apple, is solely responsible for the Application and the content thereof. You further acknowledge that the usage rules for the Application are subject
    to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Application, and
    in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive.

  • Scope of License: The license granted to you is limited to a non-transferable license to use the Applications on any iPhone, iPod touch or
    iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

  • Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect
    to the Application.

  • Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the
    Applications. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the
    purchase price, if any, paid to Apple for the Application to that end-user; and to the maximum extent permitted by applicable law, Apple will have no
    other warranty obligation whatsoever with respect to the Application. The parties acknowledge that to the extent that there are any applicable
    warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty
    would be the sole responsibility of autoGraph. However, you understand and agree that in accordance with the EULA, autoGraph has disclaimed all
    warranties of any kind, and therefore, there are no warranties applicable to the Sites and Service.

  • Product Claims: You acknowledge that as between Apple and autoGraph, autoGraph, not Apple, is responsible for addressing any claims of the
    end-user or any third party relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i)
    product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims
    arising under consumer protection or similar legislation.

  • Intellectual Property Rights: The parties acknowledge that, in the event of any third party claim that the Application or the end-user’s
    possession and use of that Application infringes that third party’s intellectual property rights, autoGraph, and not Apple, will be solely responsible
    for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the EULA.

  • Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that
    has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited
    or restricted parties.

  • Developer Name and Address: Any end-user questions, complaints or claims with respect to the Application should be directed to:

 

autoGraph Inc.

comments@auto-graph.com  

3518 Fremont Ave. N., #541,

Seattle, WA 98103

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  1. Third Party Beneficiary: The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof).

  2. Miscellaneous: All copyrights for the Sites are owned exclusively by autoGraph Inc. Technologies used in the Sites are patent pending.autoGraph™ and dealBoard™ are trademarks of autoGraph Inc. All other brand names, product names and logos featured in this application are used for general consumer informational purposes only and are the property of their respective owners. Neither autoGraph nor its software application and the products and services offered through this application are associated, affiliated, endorsed, or sponsored by said brand owners. For further inquiries please contact us at comments@auto-graph.com

 

Cookies notice

We are committed to protecting your privacy and we promise to treat it securely, fairly and lawfully.

When we collect any personal information through our website, we will be up front about how we will be using it. We will make it clear why we collect it and will explain what we intend to do with it.

When you visit our website we use cookies and other similar technologies to collect anonymous information so that we can improve your experience when you use our services. This allows us to:

  • Remember your preferences

  • Let you navigate between pages efficiently

  • Make our websites work

  • Improve the efficiency of our website

  • Help us to arrange content to match your preferred interests more quickly

  • Collect statistical information to assist us and our partners to learn how customers use our and their products

 

With your permission we will also collect information about you and other information you may choose to include in the products you enquire about or buy from us to:

  • Help us answer your queries and carry out your instructions when you need us to

  • Remember how far you are in the form you are completing

  • Track the effectiveness of our online marketing activity

 

What are cookies and what other technologies will we use?

“Cookies” – A cookie is a small piece of information which is sent to your browser and stays on your computer or mobile device when you visit our website. Cookies do not damage your device they are merely used to ‘remember’ you when you visit again. Cookies alone cannot be used to identify you.

A cookie will transport information about how you use our website to us. The cookie itself does not keep any of the data it collects.

Apart from cookies we also use local storage and tags to help us enhance your browsing experience.

“Local storage” – Like a cookie, local storage is stored locally on your machine; actually within your browser like cookies, history, saved pages, etc.

Like cookies it contains ‘name/value’ pairs (i.e. autographID / “uniqueID”) and a web page can only access data stored locally within its domain.

Unlike cookies the information collected by local storage is not sent to an internet server unless there is a specific reason for us to store the data collected (i.e. for analytics purposes).

Cookies within mobile applications

We only use essential cookies within our mobile applications. You cannot opt-out or delete these cookies as they are critical to the functionality of the application. These cookies are not shared with any other application on your mobile device.

How to refuse cookies and local storage in your browser

The use of cookies and local storage can be prevented by changing your internet browser settings. Different browsers have different procedures for disabling the use of cookies and local storage, so please refer to your browser vendor’s website for details on how to do this.

Further information on cookies and local storage

If you would like further information on cookies and local storage, please go to:

http://www.aboutcookies.org/

http://www.allaboutcookies.org

http://www.youronlinechoices.com/uk/

http://diveintohtml5.info/storage.html

What types of cookies do we use?

The following table lists the types of cookies that we use on our site:

Category

Description

Example of how we use cookies:

Essential

These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, interest profiling, cannot be provided.

‘Session ID’ cookie to maintain a user’s session and allow data to be passed between different online forms, this cookie exists only for the duration of the user’s session

Performance cookies

These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. They are only used to improve how a website works or the effectiveness of a marketing campaign.

Analytics cookies are used for website analysis and a testing platform to monitor and optimise the website. Cookies capture anonymous data about a user’s journey and aggregate this data to analyse trends. These cookies last longer than the user’s session so that we can understand whether a user is a first time, or a returning visitor.

Functionality cookies

These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

‘Safe browsing’ cookie, provided by Google, Inc. This allows us to verify with Google that the site is free from suspected phishing and malware pages.

Social Media cookies allow our customers the facility to link content on the website with a user’s chosen social media platform. In order for this facility to operate we use these platform’s cookies, which exist only for the duration of a user’s session.

If there is any conflict between the Cookie Notice and the Privacy Policy on this site, then the Privacy Policy shall control.

© 2019  autoGraph Inc

Seattle, Washington