AUTOMABOTS TERMS OF USE

Last Modified: March 10, 2017

Acceptance of Terms of Use  

These terms of use are entered into by and between you and Automabots, Inc., a Delaware corporation (referred to herein as the “Company,” “we,” “our” or “us”).  The following terms and conditions, together with any documents and policies expressly incorporated herein by reference (collectively, these “Terms of Use”), govern your access to, use of and interaction with www.automabots.com, and any content, functionality, products and services offered by the Company, including, without limitation, any content, functionality, products and services offered on, by or through www.automabots.com (collectively, the “Website”).  For purposes of these Terms of Use, the term “Website” also shall include, without limitation, any productivity bot, advertising products and related content, functionality, products and services of the Company.

Please read these Terms of Use carefully before you start to use the Website.  By using the Website or by clicking to accept or agree to these Terms of Use when this option is made available to you, you expressly accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.automabots.com/privacypolicy/, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, then you shall not access or use the Website.

The Website is offered and available to users who are 18 years of age or older, and that reside in the United States or any of its territories or possessions.  By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these eligibility requirements, then you shall not access or use the Website.

 

Changes to these Terms of Use  

We may revise, amend, replace, change and update these Terms of Use from time to time in our sole discretion without prior notice. All revisions, amendments, replacements, changes and updates to these Terms of Use are effective immediately when we post them and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or before the date that such change is effective.

Your continued use of the Website following the posting of revised, amended, replaced, changed or updated Terms of Use means that you acknowledge, accept and agree to such Terms of Use. You are expected to check this page from time to time, so that you are aware of any changes to these Terms of Use, as they are binding on you.  Without limiting the generality of the foregoing, we shall not be obligated to notify you of any changes to these Terms of Use and you acknowledge and agree that you are solely responsible for checking this page from time to time for any changes to these Terms of Use.

 

Use of the Website and Account Security  

We reserve the right to withdraw and/or amend the Website and any content functionality, product, service or material that we provide on or through the Website, in our sole and absolute discretion at any time and for any reason, without prior notice. You acknowledge and agree that we shall not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time, regardless of the cause or reason.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to you and other users, including registered users and subscribers.

 

You acknowledge and agree that you shall be solely responsible for:

  • Making all arrangements necessary for you to have access to the Website; and
  • Ensuring that all persons who access the Website through your Internet connection are aware of, and agree to be bound by, these Terms of Use and comply with them.

To access, use or interact with the Website, you may be asked to provide certain registration details or other information.  It is a condition of your use of, access to and interaction with the Website, that all of the information that you provide on the Website is correct, current and complete. You acknowledge and agree that all information that you provide to register with the Website or otherwise access or use the Website, including, but not limited to, through the use of any interactive features of the Website (including, without limitation, any interaction with or use of productivity bots or similar features or technology), is governed by these Terms of use and our Privacy Policy, and you hereby acknowledge, agree and consent to all actions that we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, then you must treat such information as strictly confidential, and you shall not disclose such information to any other person or entity.  You also acknowledge and agree that your account is personal to you and you shall not provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to (i) ensure that you exit from your account at the end of each session and (ii) use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password or other personal information.

We reserve the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.

 

Intellectual Property Rights  

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and any copies thereof, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable.

Unless expressly agreed by the Company in writing, these Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Website, except as follows:

 

  • Your computer may temporarily store copies of the Website in RAM incidental to your accessing and viewing of the Website;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the Website, as applicable, for your own personal, non-commercial use and not for further reproduction, publication or distribution;
  • If we provide desktop, mobile or other applications for download, then you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by the applicable end user license agreement for such applications; and
  • If we provide social media features with certain content, then you may take such actions as are enabled by such features.

You acknowledge and agree that you shall not:

  • Use the Website except as otherwise expressly allowed herein;
  • Modify copies of any materials from the Website;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; and
  • Unless otherwise agreed by the Company in writing, access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, access or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, then your right to use the Website shall stop immediately and you shall, at our option, return or destroy any copies of the materials that you have made. No right, title or interest in or to the Website, including, without limitation, any content on the Website, is transferred to you, and all rights not expressly granted herein are hereby reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.

 

Trademarks  

The Company name and any other names, logos, product and service names, designs and slogans used in the Website are trademarks of the Company or its affiliates or licensors. You such not use such trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses  

You may use the Website only for lawful purposes and in strict accordance with these Terms of Use. You acknowledge and agree that you shall not use the Website:

•       In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you acknowledge and agree that you shall not:

•       Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

  • Use any robot, spider or other automatic devices, process or means to access the Website for any purpose, including, without limitation, monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful to the Website;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages, profiles, forums, bulletin boards, interactive messaging and chat features and other interactive or automated features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, transmit, interact with, and/or share with the Website, other users, other persons, other third-party services and/or the Company (hereinafter, “post”) content, information and/or materials (collectively, “User Contributions”).

All User Contributions must comply with all Content Standards set forth in these Terms of Use.

Any User Contribution that you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, modify, disclose to third-parties, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User Contribution in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
  • All of your User Contributions do and will comply with these Terms of Use.

You understand, acknowledge and agree that you are responsible for any User Contributions that you post, submit or contribute, and you (not the Company or our affiliates or service providers, or each of their and our respective licensees, successors and assigns) have full responsibility for such User Contributions, including the legality, reliability, accuracy and appropriateness of such User Contributions.

We are not and shall not be responsible or liable to any third-party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Monitoring and Enforcement; Termination  

You acknowledge and agree that we have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
  • Disclose your identity and any other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY EXPRESSLY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS OR LIABILITY RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all User Contributions or other material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, you acknowledge and agree that we assume no liability for, and hereby expressly disclaim any liability for, any action or inaction regarding transmissions, communications, or content, including User Contributions, provided by any user or third-party. We shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards  

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, illegal or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement  

If you believe that any User Contributions violate your copyright, then please see our Copyright Policy for instructions on sending to us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Reliance on Information Posted  

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of such information. Any reliance that you place on such information is strictly at your own risk, and you are solely responsible for your use of such information. We disclaim any and all liability and responsibility arising from or related to any reliance placed on such information by you or any other user of the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third-parties, including, without limitation, materials provided by other service providers, users and third-party affiliates, licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in third-party materials and content, and all articles and responses to questions and other content, other than the content provided directly by the Company, are solely the opinions and the responsibility of the person or entity providing such materials and content. Such materials and content do not necessarily reflect the opinion of the Company. We shall not be responsible or liable to you or any third-party, for the contents or accuracy of any materials or content provided by any third-parties.

 

Changes to the Website  

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website  

All information that we collect on the Website is subject to our Privacy Policy. By using the Website, you acknowledge, consent, and agree to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions  

All purchases through the Website or other transactions for the sale of goods, services (including, without limitation, subscription services) or information formed through the Website or resulting from visits made by you are governed by the applicable Terms of Sale for such transactions, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Linking to the Website and Social Media Features  

You may link to our homepage, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website;
  • Send emails or other communications with certain content, or links to certain content, on the Website;
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites; and/or
  • Interact with the Website and/or certain features of the Website through such social media platforms.

You may use these features solely as they are provided by us or otherwise authorized by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  You acknowledge and agree that your use of any social media features may be governed by the terms and conditions of such social media platforms, and you shall comply with all applicable terms and conditions of such social media platforms.

Subject to the foregoing, you must not, without our express written consent:

  • Establish a link from any website that is not owned by you;
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking;
  • Link to any part of the Website other than the homepage; or
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You acknowledge and agree that the website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking of the Website immediately to stop. We reserve the right to withdraw linking permission at any time without notice in our sole discretion.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

 

Links from the Website  

If the Website contains links to other sites, resources or services provided by third-parties, then such links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, sponsored links and affiliate links. We have no control over the contents of such sites, resources or services, and shall have no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, then you acknowledge and agree that you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Unless otherwise explicitly stated, the Company is not responsible for the content of such links and sites, or any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Company offers such links does not indicate any approval or endorsement of any material contained on any linked site.

 

Geographic Restrictions  

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, then you do so on your own initiative and you are responsible for compliance with all applicable local laws.

The Website or portions of the Website may be further subject to United States export controls.  No portion of the Website may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Disclaimer of Warranties  

You understand and agree that we cannot and do not guarantee or warrant that the Website, including, without limitation, files available for downloading from the Internet or the Website, will be free of viruses or other destructive code. 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 the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER THE COMPANY, NOR ANY PERSON ASSOCIATED WITH THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE COMPANY’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR AGENTS, SHALL 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, MOBILE DEVICE, COMPUTER PROGRAMS, DATA, PROPERTY OR PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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, INCLUDING, WITHOUT LIMITATION, THE COMPANY’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR AGENTS, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE COMPANY’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR AGENTS, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY AND ANY PERSON ASSOCIATED WITH THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE COMPANY’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR AGENTS, HEREBY DISCLAIM 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 OR THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ANY PERSON ASSOCIATED WITH THE COMPANY, INCLUDING WITHOUT LIMITATION, THE COMPANY’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, 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, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY, IF ANY, IN CONNECTION WITH THE WEBSITE.

 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising directly or indirectly out of or relating to (i) your violation of these Terms of Use and/or (ii) your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Website and/or your activities in connection with the Website.

 

Governing Law and Jurisdiction 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including, without limitation, disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

 

Limitation on Time to File Claims  

ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

 

Waiver and Severability  

No waiver of by the Company of any term or condition set forth in these Terms of Use 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 Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use shall continue in full force and effect.

 

Entire Agreement  

The Terms of Use, our Privacy Policy and any other policies or documents included herein by reference, constitute the sole and entire agreement between you and the Company regarding the Website and the subject matter herein and supersede any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website and the subject matter herein.

 

Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California  95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Your Comments and Concerns  

This website is owned and operated by Automabots, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]