terms of service
1. ACCEPTANCE OF TERMS
1.1 Thinknix Enterprises Limited (the “Company”) provides its Hardware and Service (each as defined below) to you through its mobile applications, its website located at Thinknix Enterprises Limited 1286 University Ave #1019, San Diego, CA 92103-3312 (the “Site”) and via other channels, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, whether through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new TOS.
2. DESCRIPTION OF SERVICE
The “Service” includes (a) the Site, (b) the Company’s vehicle information and related services, and (c) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). The “Hardware” means the Company’s device that may be connected to your vehicle in connection with the Service. Any updates or new features added to or augmenting the Service or the Hardware are also subject to this TOS; to keep the Software up-to-date, you agree that we may automatically provide you with such updates without your further consent or notice to you. NOTE THAT IN ORDER FOR THE SERVICE TO FUNCTION, THE MOBILE DEVICE ON WHICH THE COMPANY’S APPLICATION IS INSTALLED MUST BE LOCATED IN THE VEHICLE ASSOCIATED WITH YOUR SERVICE AND THE HARDWARE MUST BE PROPERLY INSTALLED IN YOUR VEHICLE. THE MOBILE DEVICE MUST ALSO HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE NEEDED. You shall use the Service only with the Hardware and not with any other device.
3. GENERAL CONDITIONS / ACCESS TO AND USE OF THE SERVICE AND HARDWARE
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service and Hardware only for lawful purposes. You shall not use our Services or Hardware (and we will not be liable for your use of the Services and Hardware) in connection with (i) cars with modified engine or electronic control systems, or (ii) cars of any make, model, or year that we do not support, as set forth on our website. All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to the Company. You shall not: (a) sublicense, resell, rent, lease, transfer, assign, time-share, or otherwise commercially exploit or make the Service available to any third party; (b) use the Service or the Hardware in any unlawful manner (including, without limitation, in violation of any data, privacy, or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware, or their components, (c) modify, adapt, or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware, or their related systems or networks, or (d) use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware. You shall comply with any codes of conduct, policies, or other notices the Company provides you or publishes in connection with the Service and the Hardware, and you shall promptly notify the Company if you learn of a security breach related to the Service.
3.2 Any software that may be made available by the Company in connection with the Service, such as the Company’s mobile applications and any software embedded on the Hardware (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, the Company hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (and in the case of Software embedded on the Hardware, you may only use such Software on the Hardware), provided that you shall not (and shall not allow any third party to) copy, modify, or create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service. The AUTOMEND PRO name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this TOS or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein by the Company are reserved and no license or right to use any trademark of the Company or any third party is granted to you in connection with the Service or Hardware. Software, Hardware, and the transmission of applicable data, if any, is subject to United States export controls. No Hardware or Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service and Hardware.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service or the Hardware (“Your Content”). You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account. The Company reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Service, you hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content in connection with the Service. The Company has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that the Company may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. For more information about our use of the data collected by the Hardware and Services, please see our Privacy Policy.
3.4 The Company uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.
3.5 The Service includes certain services that are available via a mobile device, including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Company and other entities by SMS, MMS, text message, or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages which may not be delivered or may be sent to the person that acquires your old number.
3.6 Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
3.7 The failure of the Company to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and the Company, even though it is electronic and is not physically signed by you and the Company, and it governs your use of the Service and Hardware and takes the place of any prior agreements between you and the Company related to the subject matter hereof.
4. APPLE-ENABLED SOFTWARE APPLICATIONS
The Company offers Software applications that are intended to be operated in connection with products made commercially available by Apple, Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
4.1 The Company and you acknowledge that this TOS is concluded between the Company and you only, and not with Apple, and that as between the Company and Apple, the Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
4.2 You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
4.3 Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
4.4 Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
4.5 Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be the Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
4.6 The Company and you acknowledge that the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4.7 In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
4.8 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
4.9 If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to the Company as follows:
https://www.buyautomendpro.com
4.10 The Company and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
5. PAYMENT
5.1 To the extent the Service, Hardware, or any portion thereof is made available for any fee, you will be required to select a subscription plan (standard or premium) or make a payment and provide the Company with information about your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the subscription plan in accordance with the terms of such plan and this TOS. You hereby authorize the Company to bill your payment instrument at the end of the applicable subscription period in accordance with the terms of the applicable subscription plan, and you further agree to pay any charges so incurred. If you dispute any charges, you must let the Company know within thirty (30) days of the date that the Company charges you. We reserve the right to change the Company’s prices. If the Company does change prices, the Company will notify you of the change on the Site or by email, at the Company’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Note that you (and not the Company) are responsible for any charges or fees payable to third parties in connection with the Service, such as emergency responders.
5.2 You undertake to complete the applicable subscription period or upgrade your subscription plan during the same period. You shall not downgrade your subscription plan to a lower plan during the same period without the prior approval of the Company. This notwithstanding, the Company has the sole discretion to approve or disapprove any upgrade or downgrade of your subscription plan. In case your request for an upgrade or downgrade of your plan is approved, the approved upgrade or downgrade with corresponding adjustment in rates and fees shall take effect immediately and shall be reflected in the billing following the above-mentioned approval. In case of pre-termination as provided in Sec. 5.4 herein, you shall pay the applicable fees and penalties imposed by the Company for such pre-termination.
5.3 Your subscription plan will automatically be renewed at the end of the applicable subscription period, unless you cancel your subscription plan before the end of the then-current subscription period. Upon cancellation or termination of your subscription plan, you shall no longer be able to use the Service after termination date. Upon cancellation or termination, the Company shall bill your payment instrument and you shall immediately pay any outstanding charges incurred until the termination date plus pre-termination fee and penalty charges, if any. You shall also immediately pay charges that the Company discovers after such termination. If for some reason you are able to use the Service after the termination date, you shall be liable for any charges incurred by you for that use, in addition to any other charges under this Section.
5.4 Pre-termination occurs if you cancel your subscription before the end of an active subscription period. In case of pre-termination, the Company shall also collect from you a pre-termination penalty in the amount of the subscription fees for the unexpired portion of the subscription plan or any extension or renewal thereof.
6. REPRESENTATIONS AND WARRANTIES
You represent and warrant to the Company that: (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights, or licenses required to engage in your data collection using the Hardware, posting and other activities (and allow the Company to perform its obligations) in connection with the Service and Hardware without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service and the Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing; and (iv) you are eighteen (18) years of age or older.
7. TERMINATION
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site and subject to Sec. 5. The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if the Company believes that you have violated this TOS. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or Hardware. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company. All of Your Content on the Service (if any) may be permanently deleted by the Company upon any termination of your account in its sole discretion. However, all accrued rights to payment and the terms of Sections 5-14 shall survive termination of this TOS.
8. DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING THE SITE, CONTENT AND ANY DATA OR OTHER INFORMATION PROVIDED BY THE HARDWARE, SOFTWARE, OR SERVICE, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, OR RELIABILITY. THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE OR HARDWARE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR HARDWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE, (III) THE RESULTS (SUCH AS VEHICLE ERROR CODE ANALYSIS) THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR HARDWARE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. ANY INFORMATION, ADVICE, OR SERVICES PROVIDED BY THE HARDWARE, SOFTWARE, OR SERVICE ARE MERELY FOR INFORMATIONAL PURPOSES AND ARE NOT INTENDED TO REPLACE PROFESSIONAL VEHICLE DIAGNOSIS OR REPAIR. YOU MUST ALWAYS SEEK THE ADVICE OF AN AUTOMOTIVE PROFESSIONAL REGARDING ANY QUESTIONS YOU MAY HAVE ON THE CONDITION OR SAFETY OF YOUR VEHICLE. THE COMPANY IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF THE USER, OR OF ANY EMERGENCY RESPONDERS OR OTHER SERVICE PROVIDERS WE MAY CONTACT ON YOUR BEHALF, OR FOR THE SERVICE’S INABILITY TO CONTACT ANY EMERGENCY RESPONDER OR OTHER SERVICE PROVIDER IN ANY PARTICULAR SITUATION. FURTHER, THE SERVICE DOES NOT GUARANTEE THAT THE USE OF THE HARDWARE, SOFTWARE, OR SERVICES WILL RESULT IN ANY GAS SAVINGS OR EFFICIENCIES OR THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE. THE SERVICE IS NOT INTENDED AND SHOULD NOT BE USED AS A STOLEN VEHICLE LOCATION SERVICE. YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE.
9. LIMITATION OF LIABILITY
9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR, OTHERWISE) SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, (B) ANY INJURIES TO PERSONS OR DAMAGE TO PROPERTY RELATED TO YOUR USE OF THE SERVICE OR HARDWARE, INCLUDING BUT NOT LIMITED TO INJURIES TO PERSONS OR PROPERTY RELATED TO USE OF EMERGENCY NOTIFICATION SERVICES OR ANY DAMAGES RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE HARDWARE, OR (C) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO SERVICE FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
9.2 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. INDEMNIFICATION
You shall defend, indemnify, and hold harmless the Company from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service or Hardware. The Company shall provide notice to you of any such claim, suit or demand. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist, the Company’s defense of such matter.
11. ASSIGNMENT
You may not assign this TOS without the prior written consent of the Company, but the Company may assign or transfer this TOS, in whole or in part, without restriction.
12. GOVERNING LAW
This TOS shall be governed by the laws of Hong Kong without regard to the principles of conflicts of law. Unless otherwise elected by the Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of Hong Kong for the purpose of resolving any dispute relating to your access to or use of the Service or Hardware.
13. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support team at https://support.automendpro.com/. In the unlikely event that our customer support team is unable to resolve a complaint you may have (or if the Company has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
13.1 Arbitration Agreement: The Company and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this TOS.
References to “Thinknix Enterprises Limited”, the “Company”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. This arbitration provision shall survive termination of this TOS. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to the address located in the “Contact Us” portion of our website (“Notice Address”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within sixty (60) calendar days of the receipt of the Notice, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
The arbitrator is bound by the terms of this TOS. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place in Hong Kong. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
13.2 Notwithstanding any provision in this TOS to the contrary, we agree that if the Company makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Service or Hardware, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
14. PRIVACY
Please read the Privacy Policy to understand how the Company collects and uses personal information. By using the Service or the Hardware, you consent to our collection and use of personal data as outlined therein.
15. QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at https://support.automendpro.com/ to report any violations of this TOS or to pose any questions about this TOS, the Service, or the Hardware.
