Last Updated and Effective March 11, 2021
Autocar, LLC (the "Autocar" or "we") maintains this site, www.autocartruck.com (the “Site) and its mobile Autocar Always App™ (the "App", collectively with the Site, the “Services”) as a service to our Customers.
By using the Services, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use the Services.
Ownership. Unless otherwise specifically noted, all content included in the Services is and shall continue to be the property of Autocar, its licensors, or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Services is prohibited, except as expressly permitted in this Agreement, the Telematics Agreement, or another express written agreement with Autocar. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Services.
Intended Audience. The Services are intended for adults only. The Services are not intended for any children under the age of 13.
Trademarks. Autocar, Always Up, the Autocar Logos, and others are either trademarks or registered trademarks of Autocar or its affiliates. Other product and company names mentioned in the Services may be trademarks of their respective owners.
Services Use. Autocar grants you a limited, revocable, nonexclusive license to use the Services solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. The use of the Services is at the discretion of Autocar and Autocar may terminate your use of the Services with or without notice at any time.
User Submissions. Certain areas of the Services may enable you to post, publish, submit, transmit, upload, send, or otherwise provide ("provide") information to Autocar or other parties. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Services, including without limitation information, audio recordings, videos, photographs, documents, or other materials ("User Content"). You agree not to provide User Content that:
We also, to the extent permitted or required by law, have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, state, national, or international law.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Services. For example, you may not:
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate this Agreement.
Indemnification. You agree to indemnify, defend and hold Autocar and its partners, employees, officers, members, agents, contractors, affiliates, successors and assigns, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising out of or in connection with (a) your use of the Services, including your User Content), (b) your online conduct in connection with the Services, (c) your violation or breach of this Agreement, (d) your failure to comply with any applicable laws or regulations in connection with the Services, (e) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (f) any of your dealings or transactions with other persons or entities resulting from use of the Services. These obligations will survive any termination of these Terms.
Disclaimer. THE INFORMATION IN THE SERVICES IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. AUTOCAR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL AUTOCAR OR ANY OF ITS MEMBERS, EMPLOYEES, AGENTS, OWNERS, ATTORNEYS, REPRESENTATIVES, OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR SERVICES USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SERVICES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site or the App;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement in the Services can be contacted by emailing the notice and above-mentioned information to firstname.lastname@example.org
Applicable Law. You agree that the laws of the state of Illinois, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Autocar or its affiliates.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of Autocar, or its affiliates, to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Autocar must be in writing and signed by an authorized representative of Autocar.
Termination. Autocar may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Apple Not a Party.
If you have downloaded the App from Apple Inc. ("Apple"), you acknowledge that this Agreement is an agreement between you and Autocar, and not with Apple. As between Autocar and Apple, Autocar (not Apple) is solely responsible for the Services and the content, unless stated otherwise. Any Services obtained through Apple's App Store must be used only on an iOS device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge and agree that Apple is not responsible for (i) providing any maintenance or support services with respect to the Services and that, as between Autocar and Apple, Autocar and its affiliates and partners (and not Apple) are responsible for providing such maintenance and support services; or (ii) any claims related to the Services or your possession and/or use thereof (including product liability claims, infringement claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation), and that, as between Autocar and Apple, Autocar and its affiliates and partners (and not Apple) are responsible for the investigation, defense, settlement, and discharge of any such claims. In the event of any failure of the Services purchased through the App Store to conform to any applicable warranty, you may notify Apple and Apple will refund you any access fee paid by you for those Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, as between Apple and Autocar, will be the Autocar’s sole responsibility. You further represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary thereof.
Contact Autocar. If you have any questions or comments, please contact us.