If you do not wish to be bound by this Agreement, you should not access, subscribe to, or otherwise use the Automotive Enthusiast Group Websites. We may modify this Agreement at any time by posting modified terms on www.aegmembers.com.
The following terms and conditions apply to your use of, and access to, the website(s) owned or operated by Automotive Enthusiast Group, LLC, or its subsidiaries, affiliates, suppliers, or licensors (each, a "Website"), through which we provide products, services, or software, including products, services, or software of third parties (collectively, "Products"). The terms "we" or "us" or "our" refer to Automotive Enthusiast Group, LLC, and its subsidiaries, affiliates, suppliers, and licensors, and the terms "you" or "your" refer to you, the person using or accessing the Website. The term “Automotive Enthusiast Group” is the tradename under which we create and maintain Automotive Enthusiast Group Websites and provide Products.
You should carefully read this Agreement. By using or accessing a Website, you agree to the terms and conditions contained in this Agreement, including all additional policies incorporated by reference or described below (collectively, this "Agreement"). By using or accessing a Website, you also represent and warrant that you have read and understand this Agreement and that you are fully competent to enter into this Agreement.
- Products and Pricing. The Products currently available to subscribers are set forth in Attachment A. Product availability and capability may change from time to time. Pricing for the Products is also set forth in Attachment A, provided Automotive Enthusiast Group may modify the pricing at any time by posting an updated version of this Agreement on aegmembers.com. Currently, access to the Products is provided on a subscription basis. If you subscribe for access to the Products, you will pay the monthly subscription fee in advance. By subscribing for access to the Products and providing your payment information, you authorize us to charge your account throughout the Subscription Term (as defined below).
- Subscription If you subscribe for access to the Products, the term of your subscription (the “Subscription Term”) will automatically renew on a month-to- month basis until terminated by either you or Automotive Enthusiast Group. Either you or Automotive Enthusiast Group may terminate your subscription at any time for any reason or no reason by providing notice in accordance with Section 17.a. Notwithstanding the termination of your subscription, you will not be entitled to any refund of any portion of subscription fees you have paid. All other terms and conditions of this Agreement shall survive the termination of your subscription.
- Registration and User Information. On the Websites, you agree to provide information that is accurate, complete, and not misleading, and to update all such
information to maintain its accuracy and completeness. We may restrict, suspend, or terminate your access to Websites without notice, including if we determine or reasonably suspect, in our sole discretion, that you have provided inaccurate, incomplete, or deceptive information. In addition to Automotive Enthusiast Group- specific information and content related to Products, Automotive Enthusiast Group Websites contain information and services offered by or available through third parties that may not be affiliated with Automotive Enthusiast Group. Automotive Enthusiast Group is not responsible for, and does not have an obligation to review, sponsor, or evaluate, any such third-party information or services. Any and all third- party Websites, information, or services, whether or not accessible through an Automotive Enthusiast Group Website, are provided for your convenience, and any accessibility of such links and websites does not imply affiliation with, or endorsement by, Automotive Enthusiast Group. You may access such third-party Websites at your own risk, and you should review and understand all applicable policies governing such third-party Websites.
- Account Security. You agree to keep confidential all passwords, user IDs, IP addresses, account identifiers, and other Automotive Enthusiast Group Website- entry materials (collectively, "Your Identifiers"), and you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur on Websites related to Your Identifiers, your account information, credit card/debit card/account numbers, and bank or financial institution information. You agree to immediately notify Automotive Enthusiast Group of any suspected or actual breach of security, such as loss, theft, public (unrestricted, open, communal or shared use by third parties) or unauthorized disclosure or use of Your Identifiers by calling our customer service department. You also agree to periodically change your passwords. You authorize Automotive Enthusiast Group to provide information about, and to make changes to, Your Identifiers upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that unauthorized third parties may attempt to access Your Identifiers. You acknowledge this risk as inherent to the nature of using and accessing the Websites and you agree to take full responsibility for taking adequate security precautions and safeguarding Your Identifiers and your other data.
- Applicable You agree to comply with all policies posted on any Website that you access or use under this Agreement, all of which are hereby incorporated by reference into this Agreement. If you use a Website to view or pay invoices for Products (“Payment Services”), you agree to comply with all applicable online payment terms and conditions. If you do not agree with the terms of any of these policies, do not use the Websites. The Websites utilize, in whole or in part, the public Internet and third-party networks to transmit information, including Your Identifiers and information related to you. You acknowledge and agree that Automotive Enthusiast Group cannot guarantee that the Websites and related transmissions of information will be completely secure or without threats or breaches. Automotive Enthusiast Group may, but is not obligated to, monitor the
Automotive Enthusiast Group Websites for various purposes, and Automotive Enthusiast Group and its third party suppliers and licensors may access and use information regarding your use of, and the performance of, the Websites to perform maintenance, support, and other service-quality activities, and to provide Products.
- The content, names, images, text, programs, graphics, and other materials found or displayed on Automotive Enthusiast Group Websites (collectively, "Materials"), and all software accessed or downloaded to enable such Materials ("Software") are protected by applicable copyright and trademark laws and are the sole property of Automotive Enthusiast Group, its subsidiaries or affiliates, or third-party suppliers or licensors. We reserve all rights related to all Materials and Software. Any use of Materials or Software outside or beyond your permitted use of a Website is strictly prohibited without the express written consent of Automotive Enthusiast Group. Any unauthorized use of Materials or Software which violates copyright or trademark laws may result in criminal or civil penalties. Subject to this Agreement, you are granted a limited, non-sublicensable right to access the Automotive Enthusiast Group Website, Materials, and Software for your personal, non-commercial use.
- Trademarks and Service Trademarks used or displayed on the Websites are owned by Automotive Enthusiast Group or its third-party suppliers or licensors. None of these trademarks, service marks, trade names, company names, graphics, logos, scripts, headers, icons, or other marks may be copied, used, or modified in any form or manner.
- Compliance with You represent and warrant that your use of all Materials, Software, Websites, and Products, and all related transactions, is in strict compliance with all applicable laws, including but not limited to all regulations and orders of the U.S. Department of Commerce, Bureau of Industry and Security, and the U.S. Department of Treasury, Office of Foreign Assets Control. Software may not be downloaded or otherwise exported or re-exported into any country on which the U.S. Government maintains an embargo on such exports or to any person listed as a denied or prohibited party by the U.S. Government.
- Permissible Use of You agree not to use any Website for any unlawful, abusive, or fraudulent purpose. You also agree to use the Websites only in a manner consistent with this Agreement, and to not take any of the following actions with respect to the Websites or use a Website to provide, post, transmit, email, link or otherwise make available any content in a manner that:
- uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from an Automotive Enthusiast Group Website or otherwise monitors or copies any portion of an Automotive Enthusiast Group Website or an Automotive Enthusiast Group Product;
- contains software viruses, worms, time bombs, corrupted files, trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- disrupts, interferes or inhibits any other user from using or enjoying an Automotive Enthusiast Group Website or other affiliated or linked websites, material, contents, products and/or services, including Automotive Enthusiast Group Products;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
- uses any Automotive Enthusiast Group domain name as a pseudonymous return email address;
- constitutes or contains any offer for unsolicited or unauthorized advertising or offers for goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose, including junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non- commercial communication;
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. Government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or an Automotive Enthusiast Group Website;
- reproduces, duplicates, copies, sells, trades, resells or exploits any portion of a Website or any content on a Website for any commercial purpose;
- publishes, publicly performs or displays, or distributes to any third party any content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any content, including the use of any data mining or similar data gathering and extraction methods;
- makes derivative use of a Website or any content on a Website;
- uses, frames, or utilizes framing techniques to enclose any portion of an Automotive Enthusiast Group Website (including images found at an Automotive Enthusiast Group Website or any text or the layout/design of any page or form contained on a page);
- is unlawful and/or, in Automotive Enthusiast Group's sole discretion, is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights, or attempts to remove any proprietary notice or labels from any content on an Automotive Enthusiast Group Website;
- advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
- is deceptive in any way, including any offer to sell fraudulent goods or goods that contain an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- contains a charity request, petitions for signatures, chain letters or letters relating to any type of scheme or program; and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate an Automotive Enthusiast Group Website. For purposes of this Agreement, "reverse engineering" includes the examination or analysis of a Automotive Enthusiast Group Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of an Automotive Enthusiast Group Website's underlying technology.
10. Content Provided to Automotive Enthusiast Group.
- Subscription and Order Information. We may establish and implement processes and procedures impacting subscriptions and orders that are made on, through, or with the assistance of the Websites, including requiring you to validate information or placing limits on the quantity, nature, or type of Products available to you. In our sole discretion, we may cancel or reject subscriptions or orders for Products at any time.
- Content You Submit to Automotive Enthusiast Group. Some Websites may permit you to post content, including data, photos, text, audio, video, graphics, and ideas (collectively, "User Content"). You represent and warrant that you
own or have control over all rights to the User Content you provide on a Website, there is no confidentiality obligation or expectations of any kind, and such User Content does not violate the terms of this Agreement. You agree to hold harmless and indemnify us against all claims related to the User Content you provide on a Website. You agree to provide Automotive Enthusiast Group with a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all such provided User Content, in whole or part, worldwide and/or to incorporate it in other works in any form now known or later created, and create and exercise the same rights with respect to such other works. You also permit any user of a Website to access, display, save, distribute, reproduce and prepare derivative works of such User Content. You grant Automotive Enthusiast Group the right to use your name in connection with the User Content, including the right to use your name in advertising and marketing materials. You acknowledge and agree that no compensation will be paid to you by Automotive Enthusiast Group or any third party related to any type of use, distribution, or publishing of such User Content in any way or on any forum. Automotive Enthusiast Group has no duty or obligation to validate, use, access, post, or distribute such User Content, and Automotive Enthusiast Group has no duty or obligation regarding confidentiality of any User Content. Automotive Enthusiast Group, in its sole discretion, may remove, refuse to use or access, or not permit others to use or access any User Content at any time without notice. You accept full responsibility and any liability for User Content you access, upload, transmit, transfer, or view by or through an Automotive Enthusiast Group Website and the Internet, and you agree that Automotive Enthusiast Group has no responsibility, and shall have no liability, related to User Content, including any statements, positions, opinions, advice, suggestions, errors, defamatory content, slander, libel, inaccuracies, obscenity, or profanity that may be contained in User Content. Automotive Enthusiast Group values feedback you may have about the Websites and Products. However, if you send us any type of communication concerning the Websites or Products, the content of your communication will be treated as nonproprietary and nonconfidential (even if marked confidential or similar denotation) and will become Automotive Enthusiast Group property to use, reproduce, disclose, and distribute for any purpose whatsoever, without limitation to the extent permitted by applicable law and without compensation to you.
- Access to Websites. Automotive Enthusiast Group will make reasonable attempts to provide uninterrupted service, but there may be instances where a Website is delayed, impaired, or otherwise not functional (collectively, "Technical Issues"). Should you experience any Technical Issue, you should contact our customer service department. We will not be liable to you for any loss of information, blockages or delays affecting data, information, notifications, purchases, deliveries, or any other aspect of a Website due to Technical Issues.
- Disclaimer of Warranties. Automotive Enthusiast Group makes no warranty, guarantee, or representation that your use of any Website will be protected from viruses, security threats, or other threats or Automotive Enthusiast Group also does not warrant that information on the Websites, including information related to Products, is accurate, complete, or current. In all such instances, Automotive Enthusiast Group will make reasonable efforts to address such errors as soon as practicable. The Websites and all related information, content, and supporting systems are made available to you "as is", "with all faults", and "as available" and Automotive Enthusiast Group does not warrant, in any way, the availability, accuracy, completeness, currentness, suitability, reliability, title, usefulness, noninfringement, merchantability, or fitness for a particular purpose of such items. You acknowledge and agree that your access to the Websites is at your own risk. You acknowledge and agree that you are solely responsible for any damages to your computer system or loss or theft of data or information that results from your use of the Websites or downloading of any material accessed from or otherwise provided through the Websites. Automotive Enthusiast Group does not guarantee that the Websites or the Products will be error-free, continuously available, or free of harmful components, including, without limitation, viruses, worms, trojan horses, or other programs that are capable of disabling, damaging, interfering, altering, intercepting, or otherwise impacting or affecting a Website or any Automotive Enthusiast Group systems, network, or services, or your computer, mobile device, supporting equipment, or any other hardware, software, network, or other systems.
- Limitation of EXCEPT FOR LIABILITY ARISING FROM OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, UNDER NO CIRCUMSTANCES WILL AUTOMOTIVE ENTHUSIAST GROUP, ITS OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS, LICENSORS, SUPPLIERS AND CONTRACTORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING:
- ANY ACT OR OMISSION BY YOU OR ANOTHER PERSON OR ENTITY,
- ANY FAILURE OR DELAY IN MAKING THE WEBSITES OR PRODUCTS AVAILABLE TO YOU FOR ANY REASON AT ANY TIME,
- YOUR USE OF ANY WEBSITE OR PRODUCT OR ANY RELATED CONTENT OR INFORMATION ACCESSED WHILE YOU USE THE WEBSITES,
- ANY LOSS OR LACK OF PRIVACY AS TO, USE OR MISUSE OF, THEFT OF, DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF ANY OF YOUR SOFTWARE, FILES, INFORMATION, OR DATA, INCLUDING YOUR IDENTIFIERS, ACCOUNT INFORMATION, AND PAYMENT INFORMATION,
- ANY TRANSACTION PERFORMED OR ATTEMPTED TO BE PERFORMED ON OR THROUGH ANY WEBSITE,
- ANY OTHER CAUSE OF ACTION RESULTING FROM YOUR USE OR ATTEMPTED USE OF THE WEBSITES OR PRODUCTS IN ANY MANNER.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED (WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE), AND REGARDLESS OF WHETHER AUTOMOTIVE ENTHUSIAST GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY, LOSS, OR DAMAGE. AUTOMOTIVE ENTHUSIAST GROUP HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE. IN THE EVENT APPLICABLE LAW DOES NOT PERMIT APPLICATION OF THIS LIMITATION OF LIABILITY OR LIMITS ITS APPLICABILITY, YOU AGREE THE AGGREGATE LIABILITY OF AUTOMOTIVE ENTHUSIAST GROUP IN SUCH INSTANCES FOR LIABILITY THAT WOULD HAVE OTHERWISE BEEN LIMITED BY THIS SECTION WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO AUTOMOTIVE ENTHUSIAST GROUP DURING THE PRIOR 3-MONTH PERIOD OR THE MINIMUM AGGREGATE LIABILITY ALLOWED BY APPLICABLE LAW, WHICHEVER IS GREATER.
- You agree to indemnify, defend, and hold harmless Automotive Enthusiast Group and its owners, officers, managers, directors, employees, agents, subsidiaries, affiliates, suppliers, and licensors from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees, by a third party arising from or in connection with any violation of this Agreement or applicable law by you, any violation of any rights of a third party by you, and any information or content that you submit, use, post, transmit, or make available to Automotive Enthusiast Group, including provided through a Website.
- Governing This Agreement and any disputes, claims, actions, and lawsuits arising out of or related to this Agreement shall be governed by the laws of the State of Alabama, without reference to its choice of laws rules.
- Dispute This Section governs all disputes, claims, actions, or lawsuits between you and Automotive Enthusiast Group arising out of or relating to this Agreement, regardless of the legal theory.
- Pre-Filing Requirements. Before filing or commencing any lawsuit, claim, or action in any court, you must first present any claim or dispute to Automotive Enthusiast Group in writing in a manner reasonably sufficient to allow Automotive Enthusiast Group a fair and adequate opportunity to resolve the
dispute without litigation (“Notice of Claim”). Any Notice of Claim must be provided to Automotive Enthusiast Group in accordance with Section 17.a.
- Notice of Claim Must Be on an Individual Your Notice of Claim must be on your own individual behalf and shall not be made on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that any Notice of Claim must be on an individual basis, it is a violation of this Agreement for two or more claimants to include claims in a single Notice of Claim or attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Automotive Enthusiast Group account.
- Fair and Adequate Opportunity to Resolve the
- Automotive Enthusiast Group commits to work with you in good faith to resolve any disputes you may have. For your individual Notice of Claim to provide Automotive Enthusiast Group a fair and adequate opportunity to resolve the dispute without litigation, your Notice of Claim must include:
- the Website(s) related to the claim or dispute, the approximate dates on which you visited those sites, and your general activities while visiting those sites (e.g., comparing Products, paying your Automotive Enthusiast Group bill, etc.);
- the Automotive Enthusiast Group account number(s) for the account(s) related to the claim or dispute, if any;
- a reasonable description of the facts underlying the claim or dispute;
- an estimate of your money damages and how those damages were calculated;
- a description of any relief sought other than money damages; and
- supporting
In addition to the information provided in your Notice of Claim, you also agree to respond within a reasonable time to any request from Automotive Enthusiast Group for additional information to support or clarify your claim or dispute.
- If your individual Notice of Claim includes any claim based on any alleged false statement, fraud, deception, or misrepresentation, then your individual Notice of Claim also must identify:
- the content of any alleged false or misleading statement or advertisement;
- the approximate date(s) on which you received, heard, or read that statement or advertisement;
- how you received that statement or advertisement; and
- if the alleged false or misleading statement was made by a particular person, that person’s name or affiliation with Automotive Enthusiast Group (e.g., Automotive Enthusiast Group employee, Automotive Enthusiast Group-authorized service technician, or contractor).
- Using information you provide pursuant to Sections 16.a.ii.A and 16.a.ii.B, Automotive Enthusiast Group will use reasonable efforts to search for and identify records of your account history, if any, that might be helpful in resolving your dispute. Automotive Enthusiast Group will also attempt to contact you directly to discuss your If you do not provide the information required by Sections 16.a.ii.A and 16.a.ii.B, Automotive Enthusiast Group is not obligated to search its records.
- 60-Day Pre-Filing Period. If you and Automotive Enthusiast Group are unable to resolve your claim or dispute within 60 days after Automotive Enthusiast Group receives your Notice of Claim that meets the requirements of Sections 16.a.i and 16.a.ii (“60-Day Pre-Filing Period”), you may file a court action consistent with these Dispute Resolution Terms. If your Notice of Claim is deficient, incomplete, or defective because it is not made on an individual basis, as set forth in Section a.i, or because it does not include the information required by Section 16.a.ii, then the 60-Day Pre-Filing Period will not begin until the first date on which Automotive Enthusiast Group has received information correcting those deficiencies or defects. Further, if your Notice of Claim otherwise meets the requirements of Sections 16.a.i and 16.a.ii, but you fail to respond to a reasonable request from Automotive Enthusiast Group for missing or additional information about your claim or dispute, then the 60-Day Pre- Filing Period will pause and not begin again until you provide the requested missing or supporting information.
- Pre-Filing Tolling Period. Any deadline to file a lawsuit will be extended up to a maximum of 60 consecutive days after Automotive Enthusiast Group receives your Notice of Claim (“Pre-Filing Tolling Period”). If you fail to respond to a reasonable request from Automotive Enthusiast Group for missing or additional information, then the Pre-Filing Tolling Period will
end 14 consecutive days after the date of Automotive Enthusiast Group’s request.
b. WAIVER OF ANY RIGHT TO PROCEED ON A CLASS, REPRESENTATIVE, MASS, COLLECTIVE, CONSOLIDATED, OR COORDINATED BASIS.
By this Agreement, both you and Automotive Enthusiast Group waive any right to pursue any dispute or claim on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that disputes and claims be pursued and resolved in court solely on an individual basis, it is a violation of this agreement for two or more claimants to (1) include claims in a single Notice of Claim; (2) pursue their claims in a single court action; or (3) attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Automotive Enthusiast Group account.
- Waiver of Right to Jury Trial. Both you and Automotive Enthusiast Group waive the right to a jury trial on your individual To the extent court action is permitted under this Agreement, any trial of your claims and Automotive Enthusiast Group’s defenses or counterclaims shall be to a judge or court presiding without a jury (i.e., a “bench trial”).
- Limitation on Time to File Any Claim, Dispute, or You must notify Automotive Enthusiast Group of any dispute arising out of or relating to this Agreement as soon as it is discovered, but in any event, within 6 months after it is discovered. You accept all charges not disputed within 6 months of the charge or your receipt of the invoice, whichever occurs first. Any lawsuit arising out of or relating to this Agreement must be filed within one year after the cause of action arises. The foregoing limitations shall not apply where prohibited by applicable law. If a court deems either of the foregoing limitations unenforceable, the limitation(s) found unenforceable shall be extended by the minimum time necessary to make the limitation(s) enforceable.
17. General.
- If we send you a notice, it will be considered given when deposited in the U.S. Mail or with overnight courier mail, addressed to you at your billing address or other address you have provided us, hand-delivered to you, or distributed via email to the last email address you provided us. Our notice to you will also be effective if provided on an invoice or by telephone, or, when posted online, the actual date such notice is posted to www.aegmembers.com. Any notice from you to Automotive Enthusiast Group will be considered given when delivered by email to us at Support@aegmembers.com or delivered to us by U.S. Mail or overnight courier at 1108 Old Railroad Bed Rd #13, Capshaw, AL 35742. You agree that Automotive Enthusiast Group may contact you via email at the email address you provide to us when you use Automotive Enthusiast Group Websites or any subsequent email address you provide us.
You will provide us with any changes to your email address by updating that address in your Automotive Enthusiast Group account.
- Entire Agreement. This Agreement, including all policies incorporated by reference, constitutes the entire agreement between you and Automotive Enthusiast Group related to the Websites and the Products, and any other written or oral statements do not change this Neither the course of conduct between you and Automotive Enthusiast Group nor trade practices will act to modify any provision of this Agreement.
- Automotive Enthusiast Group may assign its rights and duties under this Agreement to any party at any time without notice to you.
- If any provision of this Agreement is found to be unenforceable or invalid, the unenforceable provision(s) will be severed and all provisions not found unenforceable or invalid will remain in effect.
- If either you or Automotive Enthusiast Group fails to enforce or waives any requirement under this Agreement, such failure or waiver shall not waive that party's right to later enforce the same requirement or any other requirement in the future.
Attachment A
Products and Pricing for Subscribers List of Currently Available Products:
- MOTOR Information We allow you access to information we have licensed from MOTOR Information Systems (the “MOTOR Information”) and by accessing such information, you agree to comply with the following terms and conditions:
- License Grant. MOTOR hereby grants to you a nontransferable, non- exclusive, limited license to access and use the MOTOR Information contained within the Product on a vehicle-by-vehicle look-up basis.
- Restrictions on Use of MOTOR Information. You agree that you shall not, and shall not permit any third party, to directly or indirectly (i) alter or copy in any form or medium all or any part of the MOTOR Information (except for data located on an individual, vehicle by vehicle, lookup basis), nor make any MOTOR Information part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the MOTOR Information; (iii) lease, license, sell, or otherwise publish, communicate, distribute or display to any third party in any form or medium all or any part of the MOTOR Information; (iv) create any publications, in electronic, printed or other format, based in whole or in part on data from the MOTOR Information, alone or in combination with any other data; (v) download the MOTOR Information (other than the data obtained on a vehicle-by-vehicle look-up basis) or transmit the MOTOR Information electronically by any means; (vi) remove any product identification, copyright, trademark or other notice from the MOTOR Information or documentation; or (vii) reverse engineer, reverse assemble, or reverse compile the MOTOR Information.
- Ownership/Confidentiality. You agree that the MOTOR Information is the confidential information of MOTOR, and that MOTOR owns or is the subscriber of all rights in the MOTOR Information, including without limitation all copyright and other proprietary You agree to keep confidential and use your best efforts to prevent and protect the MOTOR Information from unauthorized disclosure or use.
- Automotive Systems, Parts, and Components. We may provide you certain discounts from third-party suppliers of automotive systems, parts, components, and related goods. We may also allow you to purchase such automotive systems, parts, components, and related goods through Automotive Enthusiast Group Websites or by providing links to third-party You acknowledge and agree that the price and any associated discount for all such items is subject to change at any time, without notice. You also acknowledge and agree that Automotive Enthusiast Group shall have no liability related to your purchase or use of such automotive systems, parts, components, or related goods, and the terms and conditions applicable to your purchase of such items shall be dictated by the applicable third-party seller or supplier.
Pricing:
The current base subscription fee, which will allow you access to all current Products other than MOTOR Information Systems, is $7.99 per month or $79.99 per year. Access to MOTOR Information Systems is an additional $3.00 per month per VIN.