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This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of Last Revision: October 23, 2010.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with AutoVitals. By using or accessing AutoVitals, you agree to this Statement.

  1. Privacy

    Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use AutoVitals to share with others and how we collect and can use your content and information.  We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
  2. Sharing Your Content and Information

    You own all of the content and information you add to AutoVitals, and it is only shared with the service advisor of your trusted auto repair shop. In addition:
    1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with AutoVitals ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. We always appreciate your feedback or other suggestions about AutoVitals, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
  3. Safety

    We do our best to keep AutoVitals safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on AutoVitals.
    2. You will not collect users' content or information, or otherwise access AutoVitals, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not upload viruses or other malicious code.
    4. You will not solicit login information or access an account belonging to someone else.
    5. You will not bully, intimidate, or harass any user.
    6. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    7. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
    8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on AutoVitals without our prior written consent.
    9. You will not use AutoVitals to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working of AutoVitals, such as a denial of service attack.
    11. You will not facilitate or encourage any violations of this Statement.
  4. Registration and Account Security

    AutoVitals users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    1. You will not provide any false personal information on AutoVitals, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal profile.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
    5. You will not use AutoVitals if you are under 13.
    6. You will keep your contact information accurate and up-to-date.
    7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    8. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
  5. Protecting Other People's Rights

    We respect other people's rights, and expect you to do the same.
    1. You will not post content or take any action on AutoVitals that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on AutoVitals if we believe that it violates this Statement.
    3. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
  6. Amendments
    1. We can change this Statement if we provide you notice and an opportunity to comment.  To get notice of any future changes to this Statement, we will notify you by email.
  7. Termination

    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of AutoVitals to you. We will notify you by email or at the next time you attempt to access your account. You may also ask us or your service advisor to de-activate your account at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2.
  8. Disputes
    1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or AutoVitals exclusively in a state or federal court located in Santa BarbaraCounty. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Barbara County, California for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on AutoVitals, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP AutoVitals UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING AutoVitals "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT AutoVitals WILL BE SAFE OR SECURE. AutoVitals IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ยง1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR AutoVitals, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR AutoVitals WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AutoVitals'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  9. Special Provisions Applicable to Users Outside the United States

    At this time only users in the United States are offered to use AutoVitals.
  10. Definitions
    1. By "AutoVitals" we mean the features and services we make available, including through (a) our website at www.AutoVitals.com and any other AutoVitals branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software, devices, or networks now existing or later developed.
    2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from AutoVitals or provide data to us.
    3. By "information" we mean facts and other information about you, including actions you take.
    4. By "content" we mean anything you post on AutoVitals that would not be included in the definition of "information."
    5. By "data" we mean content and information that third parties can retrieve from AutoVitals or provide to AutoVitals through Platform.
    6. By "post" we mean post on AutoVitals or otherwise make available to us (such as by using an application).
    7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    8. By "active registered user" we mean a user who has logged into AutoVitals at least once in the previous 30 days.
    9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  11. Other
    1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and AutoVitals, Inc.  
    2. This Statement makes up the entire agreement between the parties regarding AutoVitals, and supersedes any prior agreements.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.
    10. You will comply with all applicable laws when using or accessing AutoVitals.

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