Terms Of Use
Last Updated: April 26, 2023
Copyright
Content available at this site, such as text, logos, button icons, audio clips, and video clips (collectively “Content”), is the property of AutoPSM and/or its suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this site is the exclusive property of AutoPSM and is protected by U.S. and international copyright laws. AutoPSM reserves the right to remove all Content, from whatever source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such Content), or for no reason at all.
All software used or provided by AutoPSM and/or its suppliers in connection with this site or AutoPSM’s proprietary software and associated services (collectively, “Service”) is the property of AutoPSM and/or its software suppliers and is protected by US and international copyright laws. Except as set forth in the Service Agreement, the Content and Service may only be used for personal, non-commercial and informational use.
Any other use, unless otherwise authorized by AutoPSM or as otherwise permitted on the site, including the framing, linking to, reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Trademarks
The AutoPSM name and other AutoPSM graphics, logos, and service names are trademarks of AutoPSM, LLC. AutoPSM’s trademarks may not be used in connection with any product or service that is not AutoPSM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AutoPSM.
Reservation of Rights
Except as expressly and unambiguously provided herein, AutoPSM does not grant you any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by AutoPSM in a writing signed by an executive of AutoPSM. AutoPSM and its affiliates reserve the right to refuse service, terminate access, and/or cancel usage in its discretion, including, without limitation, if AutoPSM believes that your conduct violates applicable law or is harmful to the interests of AutoPSM and its affiliates.
General Disclaimer
THIS SITE IS PROVIDED BY AUTOPSM ON AN “AS IS” BASIS. AUTOPSM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUTOPSM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Although AutoPSM has attempted to provide accurate information on this website, AutoPSM assumes no responsibility for the accuracy or completeness of the information. AutoPSM may change the programs or services mentioned on this site at any time without notice, but AutoPSM makes no commitment to update the programs or services mentioned on this site in any respect.
AUTOPSM WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY AUTOPSM SERVICE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF AUTOPSM MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY RELATED TO THESE TERMS, THE SITE, OR YOUR RELATIONSHIP OR TRANSACTIONS WITH THE AUTOPSM PARTIES RELATED TO THIS SITE IS TO RECEIVE A REFUND FOR ANY DEFECTIVE PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE, OR TO PURSUE ANY DIRECT DAMAGES YOU MAY HAVE INCURRED. HOWEVER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AUTOPSM PARTIES’ LIABILITY (INDIVIDUALLY AND/OR IN THE AGGREGATE) TO YOU EXCEED THE PURCHASE PRICE OF THE PARTICULAR PRODUCT OR SERVICE YOU PAID WHERE YOUR CLAIM RELATES TO THE PERFORMANCE OF, OR AUTOPSM’S FAILURE TO PROVIDE, ANY PRODUCT OR SERVICE, OR TEN DOLLARS ($10) IN THE AGGREGATE FOR ANY OTHER CLAIM. THE FOREGOING LIMITATION ON REMEDIES SHALL APPLY EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE CAUSE OF ACTION OR TYPE OF CLAIM. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR ANY CLAIM OR DAMAGE THAT CANNOT BE EXCLUDED OR LIMITED UNDER WISCONSIN LAW.
Links To Third Party Websites
This website may contain links to third party websites. Access to any other Internet websites linked to this website is at the user’s own risk and AutoPSM’s is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, AutoPSM is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. AutoPSM provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.
Changes To The Site/Updates/Terms
AutoPSM may make changes to the Content, Service or the products provided by AutoPSM, at any time without notice. AutoPSM makes no commitment to update Content or Service or site. AutoPSM reserves the right to make changes to its site and these disclaimers, terms, and conditions at any time. Your access or use of the site, Content or Service subsequent to such a change will signify your assent to be bound by such changes.
Indemnification
You will indemnify, defend, and hold harmless AutoPSM and its directors, officers, owners, employees, contractors, agents, suppliers, and licensors (the “AutoPSM Parties”) from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your unauthorized access to or use of this site, your misuse of any material, data, or other data downloaded or otherwise obtained from this site, or your breach of these terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Disputes/Governing Law
These terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. The exclusive venue and jurisdiction for any dispute arising under these terms is the state or federal courts, as applicable, located in Waukesha County, Wisconsin. Any cause of action or other claim with respect to this site and these terms must be commenced by you within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply to our relationship with you or any transaction(s) contemplated or undertaken by you or AutoPSM.