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AUTOLAWGENERATOR
LICENSE, TERMS OF USE, AND
PRIVACY POLICY
THIS IS AN IMPORTANT DOCUMENT AND AGREEMENT. YOU SHOULD READ EVERYTHING AS WHAT IS IN THE MIDDLE AND END IS NOT LESS IMPORTANT THAT WHAT IS IN THE BEGINNING. BY ACCESSING AND USING AUTOLAWGENERATOR.COM OR OUR PRODUCTS OR SERVICES YOU ARE SUBJECT TO THIS AGREEMENT AND LICENSE EACH TIME YOU MAKE SUCH ACCESS OR USE.
Welcome to AutoLawGenerator. This legal document may be longer than what you have seen at some other websites, but this is not some crappy, slapped-together at the last minute copied from some other website legal agreement.
Definitions
You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms 'AutoLawGenerator,' 'ALG,' 'Us,' 'We,' or 'Licensor' includes and its owners, employees, subsidiaries, attorneys, and assigns. AutoLawGenerator is owned by the Independent Business Center, a leading company providing Internet content and services for many years for many dozens of websites.
'Content' refers to everything found within the AUTOLAWGENERATOR.COM domain and provided by ALG.
Entire Agreement
This Agreement contains the complete and entire understanding
and agreement between you and us and supersedes any previous communications,
representations, or agreements, verbal or written, related to the subject
matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by Licensor at any time and without notice, but only by amending this document as posted on the Internet, unless otherwise agreed to in writing by you and Licensor.
Any amendments will become effective 30 days after being posted on the Internet, unless circumstances require that a change be immediately implemented. As a condition for this license you agree to periodically check this license Agreement and terms of use, posted at http://www.AUTOLAWGENERATOR.COM/license.html.
License Grant
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING THE CONTENT.
THE CONTENT IS COPYRIGHTED AND LICENSED. IT IS NOT SOLD. BY ACCESSING OR USING THE CONTENT YOU
ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU
ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE CONTENT.
Licensor hereby grants to you, and you accept, a nonexclusive,
nontransferable license to use the content only as authorized in
this License Agreement.
Prohibited Acts Except as authorized in this Agreement, no copies
of or any portions thereof may be made by you or any person under
your authority or control. You agree that you will not assign, sublicense,
transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content,
or any part thereof, or share your rights under this License Agreement, including passwords and user names. You
agree that you will not disassemble, decompile, convert to another programming
language, or otherwise translate the content, and that you will not rent,
lease, or lend the content, or any component of it, in violation of 17 U.S.C.
§§ 109(b)(1). You agree that you will not alter, publish, copy,
cut, modify or transform the content, or any component of it, in any form
to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You
will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the
terms of this License Agreement.
Licensor reserves the right to deny access to any person or to terminate this license for any reason if Licensor reasonably believes that is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor. If you are known for committing illegal acts involving other websites your membership may be banned or terminated.
Licensor's Rights. You acknowledge and agree that the content is a proprietary
product of Licensor, protected under the copyright law. You further acknowledge
and agree that all right, title, and interest in and to the content, including
associated intellectual property rights, are and shall remain with Licensor.
This License Agreement does not convey to you an interest in or to AutoLawGenerator,
but only a limited right of use revocable in accordance with the terms of
this License Agreement. Licensor specifically reserves all rights not expressly
granted in this License Agreement. All content, design, and programming (html,
JavaScript, Java, graphics, forms, cgi, CSS, styles, style sheets, etc., except where noted) is copyrighted by Licensor. All
rights reserved.
Term This License Agreement is effective upon your using and shall continue on a year to year basis until terminated. You may terminate this
License Agreement at any time. Licensor may terminate this License Agreement
upon the breach by you of any term hereof, as otherwise provided in this document, or for any reason whatsoever.
Licensing payments are made on a yearly basis using PayPal. With PayPal you can control your own subscription payments. If you want to cancel this license you must do so by accessing your PayPal account and cancelling your subscription.
Any requests for cancellation sent to us that are not made through PayPal will be ignored and are null and void. Due to the number of subscriptions our company handles through PayPal, for many services, we simply cannot spend hours or days trying to find your subscription to cancel it. Sometimes it cannot be found because of different names and businesses being used.
No Warranty THE CONTENT IS LICENSED
"AS IS," AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
ALG information is not sufficient for adult websites or for the sale of any product or service where a license is required, such as law, medicine, pharmaceuticals, alcohol, etc., or for non US websites (unless you want to be subject to US law).
Limitation of Liability Licensor's cumulative liability to you or any other
party for any loss or damages resulting from any claims, demands, or actions
arising out of or relating to this License Agreement or use of the content shall not exceed the
license fee paid to Licensor for the use of the content. In no event shall
Licensor be liable for any indirect, incidental, consequential, special,
or exemplary damages or lost profits, even if Licensor has been advised of
the possibility of such damages. You agree that the foregoing constitutes
your sole and exclusive remedy for breach by Licensor of any warranties made
under this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
No Guarantee of Correctness The content has been prepared
and/or obtained for general information, education, reference, and entertainment purposes only and is not intended to provide legal, medical, or professional advice. While every effort is made to ensure the correctness and completeness of the content we create, you acknowledge that Licensor, its owners, partners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the content is correct, complete, or up-to-date. There is no guarantee that the content is correct, complete, or up-to-date for any specific circumstance.
Although AutoLawGenerator contains legal documents and legal information that may be of use to you in your business, and has retained an attorney to prepare such information, there is no legal relationship between you and AutoLawGenerator or Brian Kindsvater, and you may not rely upon anything for legal advice. If you have a legal question, please retain an attorney to review your particular situation.
Trademark AutoLawGenerator is a trademark and service mark of Licensor.
No right, license, or interest to such trademark is granted to you, and
you agree that no such right, license, or interest shall be asserted by you
with respect to such trademark. You are not authorized to use our trademarks and servicemarks in any pay per click advertising.
Administration
Account administration, payments, and cancellations for customers and affiliates are handled by PayPal. You can become a member of AutoLawGenerator by selecting your payment administrator at our Sign Up Page.
If you would like to cancel your account, as your payments are through PayPal you must login to your PayPal account, locate through the History tab your payments for AutoLawGenerator, and cancel your subscription.
From time to time Licensor may also make information available by means other than the Internet or through other websites, arrange for other payment options, and may repackage content. Licensor may also license its information and products for sale by third parties and/or affiliates. Licensor does not monitor advertising by third parties and/or affiliates and is not responsible for their conduct.
Licensor expressly prohibits third parties, affiliates, and anyone else from advertising, promoting, or referring to Licensor via unsolicited email or unsolicited facsimiles.
Return and Refund Policy There is a no refund policy.
Privacy Policy
We respect your interest in your privacy, and as a result we have created this informational disclosure. Your subscription or use of the content constitutes your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you are not authorized to use the content and must terminate your license.
We collect and use personal information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand our customer needs; to provide a better website, products and services; to communicate with customers and potential customers regarding our products and services and third party products and services.
Generally, your private information will only be disclosed to our owners, employees, independent contractors, subsidiaries, partners, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, acting on our behalf or request. This general rule, and disclosures in specific situations, is more particularly described below.
Information Collected by our ISP
The hosting provider for this Internet site (as with any Internet site) has the ability to record various information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information, and to disclose this information. This is most commonly done by providing access to raw server logs. For more information you should perform an Internet search on 'server logs' or 'raw server logs.' We have access to our raw server logs and access reports prepared by our hosting provider.
Financial Information for Billing Purposes
We sell products and services. When sales are made certain financial information must be disclosed. This information can include any number of facts you are asked to provide, but most commonly includes your name, financial / credit card information, billing address, and email address. Generally, this purchase information will be provided by you to a third party payment processor, such as PayPal, and we do not receive your financial / credit card information.
In the event we do receive financial / credit card information, we will not disclose it to anyone unless disclosure is required by a court order, or unless disclosure is required to address an issue implicated by the financial information. For example, if there is a double-billing details may need to be discussed with the payment processor. If your identity is stolen and your credit card is used to make a purchase you did not authorize, details about the financial transaction may be disclosed to law enforcement and anyone else with a need to know.
Use of eMail Addresses and other Contact Information
An important part of our services includes being able to provide information to you. As a result, you expressly consent to receiving communications from us via php, email, fax, telephone, mail, or any other delivery method.
If you purchase one of our products or services you will probably receive email from us. You will obviously receive email if you signed-up for the service to confirm your subscription. Other emails with important details and information may be provided from time to time.
We will not sell, provide, or transfer you email address to others.
However, we may allow advertising to our customers, or engage in joint ventures, which result in your receiving advertisements from selected third parties.
Identification of Purchasers
If you purchase one of our products or services, you authorize us to use your name and identification information in advertising or promotions.
We also use personal information in an aggregate form (i.e., not individually attributable to you) for business analysis, operational, marketing and other promotional purposes.
Cookies
Cookies are used to keep track of referred affiliate commissions and to monitor access to the password protected membership section. You consent to any future use of cookies for testing purposes and the use of cookies for publicly available data to gather statistics for the purpose of determining which search engines, referring sites, key words, etc., bring visitors to our website, which pages visitors are most interested in, what web browsers are used, etc. Various providers may be used for this purpose. The purpose is obtain information that will help promote the website, make the website more interesting and useful to visitors, and to identify areas where improvement is needed.
Additionally, various third party information suppliers and other entities that provide information for this website, or for use by us, may use cookies. Examples include, but are not necessarily limited to billing providers, third party advertisers, and third party resources we promote. For example, in the Members section are numerous third party resources that we recommend, many of which may use cookies which are governed by the respective third party's user agreements and privacy policies.
If cookies are used in the future, you agree that a cookie may be placed on your computer or the cookie may be read to allow us to determine which products and services you have already purchased so that we do not provide redundant information to you.
For any part of our affiliate program that is administered by a third party. Cookies may be used to track sales made to customers referred by you so that you can receive compensation under our affiliate program.
Testimonials and Use of Content
We always want testimonials to advertise and promote our products and services and new content to make use of. If you send us information about our products or services or your use of the same, or submit content to us, you irreovocably authorize us to use your name, likeness, and information you send us or provide in any manner, including advertisements or promotional materials without remuneration. This includes any emailed correspondence from you, forum posts, blog posts, Wiki comments and discussion, etc. Although we are not required to do so, we will often want to reciprocate in some way, so please provide a live link to your website, and personal contact information that can be included in a testimonial. This will provide you with free advertising and with a referring link that may help your search engine rankings.
Minors
We do not direct this website to minors, nor does we knowingly collect any personal information from children under the age of thirteen.
Disclosure by Necessity
Private information may be disclosed if required by a court order, statute, law, or regulation.
Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party.
Information is also subject to disclosure if believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, your rights or property, other users of our web site, products or services, or anyone else.
In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be one of the transferred assets.
Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our website, products and services, you consent to any such transfer of information outside of your country. For example, computers that we use to conduct operations are not always located in the United States, and our service providers are not all located in the United States.
After your account becomes inactive your information may remain in our databases, computers, and archives, and cannot reasonably be expunged.
Affiliate Program
Affiliate administration and payments are handled through PayPal or other services such as PayDotCom, ClickBank, or PayLoadz. Generally, affiliates or an invitation only basis.
Payments
We greatly value and appreciate those who recommend and promote our services and products to others. Affiliates are paid 50% for each confirmed paid referral they make, who has paid AutoLawGenerator the full membership fee for that year. This is a recurring payment and not a one-time payment for so long as the referral continues their membership and makes the required payment. Referral fees are not paid for any other memberships or membership arrangements.
Any advertised payments to affiliates for referrals, whether a lump sum or a percentage, refer to the gross amount paid by us. What you receive may be slightly less after taking into account third party processing fees. In particular, payments to affiliates will primary be via PayPal, and PayPal charges a fee for its services. More information can be found at http://paypal.com.
Affiliate payments are made approximately 30 days after the end of the month in which the payment generating transaction occurred. Fraudulent signups associated with an affiliate, or suspicious activity may result in a longer payment period.
Payment amounts for a referral may differ between affiliates if separately negotiated in writing.
Affiliates are prohibited from becoming a member using their own (or of an entity under their control), affiliate ID. An affiliate shall not receive a sales commission for a purchase made directly or indirectly by themself. Such action may, in our discretion, cause the license and right to use and/or market our products and services terminated. This terminating event will not result in a reimbursement of any monies that have been paid to us. Any owed commissions will be forfeited to us.
Affiliate shall be responsible for all taxes and other similar levies as required by any law or regulation. Affiliate agrees as a condition of payment to accurately provide all identification and tax information necessary to allow AutoLawGenerator to comply with legal requirements.
Relationships
The ability to advertise our services as an affiliate is non-exclusive and revocable.
All proprietary information, trademarks, copyrights and all other similar rights in and arising out of our products and services are, and shall continue to be, the
exclusive property of AutoLawGenerator.
Affiliate shall act exclusively as an independent contractor, and is not an employee or agent. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties. Affiliate shall not sign any document in the name of or on behalf of AutoLawGenerator nor shall affiliate hold
itself out as being an agent of AutoLawGenerator or as having apparent authority to contract for or bind AutoLawGenerator.
Advertising
Affiliates are solely responsible for their own advertising, which must be truthful and not deceptive. Affiliate advertising is not pre-approved or reviewed by us.
Junk Faxes
It is against US federal law to engage in commercial advertising using unsolicited faxes. It is against the law, even if your country or state may permit unsolicited fax advertising until a person opt-outs from receiving further advertisements.
We do not permit our customers or affiliates to send unsolicited faxes advertising AutoLawGenerator or any of its products or services.
Any customer or affiliate found to have sent unsolicited faxes, whether or not to someone they have an existing business relationship with, may, in our discretion, have their license and right to use and/or market our products and services terminated.
This terminating event will not result in a reimbursement of any monies that have been paid to us. Any owed commissions will be forfeited to us.
You also agree to defend, indemnify, and hold harmless AutoLawGenerator and its owners, employees, independent contractors, subsidiaries, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, and anyone else, from any liability, claims, or demands, whether legal or equitable in nature, arising from your directly or indirectly sending unsolicited fax advertisements. You also agree to pay us $500 per hour for all time spent on the issue, and $1000 for each unauthorized fax whose purpose is to promote our products or services.
Spam
It is against US federal law to engage in certain forms of commercial advertising using unsolicited email.
We do not permit our customers or affiliates to send unsolicited email advertising AutoLawGenerator or any of its products or services.
Any customer or affiliate found to have sent unsolicited email, may, in our discretion, have their license and right to use and/or market our products and services terminated.
This terminating event will not result in a reimbursement of any monies that have been paid to us. Any owed commissions will be forfeited to us.
You also agree to defend, indemnify, and hold harmless AutoLawGenerator and its owners, employees, independent contractors, subsidiaries, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, and anyone else, from any liability, claims, or demands, whether legal or equitable in nature, arising from your directly or indirectly sending unsolicited email advertisements. You also agree to pay us $500 per hour for all time spent on the issue, and $100 for each unauthorized email whose purpose is to promote our products or services.
Publicity Release Information and/or statements provided to us, written or oral, constitutes your consent and permission for us to use such as a testimonial, which may include your name, likeness website, and other pertinent information. You agree that we will not owe you any payments or other renumeration. You waive the provisions of California Civil Code §§ 3344 and 3344.1, and consent to and authorize us to use your name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services.
Governing Law This License Agreement may be negotiated, prepared, executed
and delivered in potentially several jurisdictions, including the State of
California. Accordingly, in order to establish with certainty that this Agreement
will be governed by one body of well-developed law, to the extent permitted by law the parties hereto expressly
agree that this License Agreement shall be governed by, and construed in
accordance with, the laws of the State of California regardless of the location in the universe or jurisdiction from which is used, to the exclusion of any other
applicable body of governing law. This Agreement is entered into in California and not any other jurisdiction, and it is agreed that this Agreement is entered into in Sacramento County California.
Arbitration Agreement
You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which can be found at http://www.adr.org.
You represent and agree that you are accessing AutoLawGenerator for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a 'consumer' and will not invoke arbitration rules applicable to California consumers.
You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction.
Severability Should any term of this License Agreement be declared void
or unenforceable by any court of competent jurisdiction, such declaration
shall have no effect on the remaining terms hereof.
No Waiver The failure of Licensor to enforce any rights granted hereunder
or to take action against any other party in the event of any breach hereunder
shall not be deemed a waiver by Licensor as to subsequent enforcement of
rights or subsequent actions in the event of future breaches.
Contact information
You agree to provide accurate and complete information to us when registering for or buying a product or service.
You can email Brian Kindsvater at any time and request a copy of this license, by sending an email to brian at kindsvater.com.
You may contact us at Brian Kindsvater, Independent Business Center, PO Box 725, Rancho Cordova, CA 95740.
This policy was last updated on March 24, 2006. As part of your agreement to access this website, you agree that we can modify, add to, and delete this document in whole or in part, and that we do not need to send you notice of any changes. You will periodically review this policy for any changes. Unless circumstances necessitate otherwise, and changes will not go into effect until 30 days after the change is made and the 'Last Updated Date' is updated.
Policy Modifications:
None.
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