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Terms & Conditions

General terms of use

Last Updated: June 20, 2023

These Terms of Use (“Terms”) between you and Automox Inc. (“Automox”) govern your access and participation in the Automox Community (the “Community”). By accessing and using the Community, you agree that you and the entity that you represent are subject to, and will comply with, the Terms set forth below. If you do not agree to all of the Terms, do not access or participate in the Community.

Your Access to the Community

To participate in the Community, you must be at least 18 years old and have login credentials (username and password). Login credentials are issued to individuals who have undergone the Community self-registration process. You are responsible for maintaining the confidentiality of your login credentials and responsible for all activity that occurs through your account.

You will ensure that all information that you submit to the Community, including to profile pages, is accurate and current. Your first name and last name, and any other information you elect to make public, together with your Community activity may be publicly displayed in the Community. Community forums may be made publicly available both within and outside of the Community, along with any comments you post to forums. By providing your personal information to Automox, you consent to the collection and processing of your personal information by Automox in accordance with the Automox Privacy Policy, available at https://www.automox.com/legal/privacy- policy.

If Automox, in its sole discretion, determines that you have acted inappropriately or not in accordance with these Terms, Automox may take down content, terminate or suspend your access to the Community.

Your Use of the Community

By posting content on the Community, you agree to allow anyone with access to the Community (as well as any non-Community members for applicable forums that are publicly accessible) to access and view the content you post, without royalties or restrictions, in whole or in part and for any purpose. Automox has no obligation to keep your content confidential and may publicly disclose your content in any media.

Any discussion you initiate or participate in, or content you post on the Community will be related only to Automox products. You will use the Community only in accordance with these Terms, for its intended purpose and in compliance with all applicable laws and government regulations.

Automox is under no obligation to post or use any content provided by users and Automox may reject, decline to post, or remove any content at any time at its sole discretion.

While Automox may, it is under no obligation to, review the content that you post on the Community, or otherwise respond to you in any way regarding your content. Automox assumes no responsibility or liability over the sharing of content posted on the Community. If you post a request on the Community, Automox may, in its sole discretion, comment on the request. But Automox is under no obligation to develop, implement, release or use any requested enhancement or feature, regardless of whether Automox responded to a request or not. Automox is also under no obligation to fix, patch, remediate, or otherwise address any bugs or other issues with Automox products in connection with your use of the Community, regardless of whether such bugs or issues are posted on the Portal by Automox or a user.

If you post any content on the Community, you are solely responsible for retaining a back-up copy of such content. Automox is not responsible for any alterations, deletions or loss of any content you post to the Community.

You must not:

  • impersonate any other person.
  • falsely say or imply that you are associated with Automox, another person or entity.
  • make the Community available to anyone else, including via selling, reselling, renting, leasing or redistributing the Community (or portions of the Community).
  • post or link to any content that contains false or deceptive language, unsubstantiated or comparative claims regarding Automox and Automox’s products.
  • use abusive, obscene, defamatory or offensive language, images, or links.
  • post content that is or may be considered a security vulnerability or malfunction of Automox’s products or that may be exploited by others and cause or may cause harm to Automox’s products or customers. Any Automox security vulnerability must be reported directly to Automox by sending an email to disclosures@automox.com.
  • post any content on the Community containing promotion, advertisement, commercial referrals, solicitation for goods or services, nor may you spam other users in any manner.
  • disclose on the Community any information which would constitute a violation of any confidentiality obligations you may have.
  • post content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
  • compile or use Community members’ personal information that may appear in the Community. access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Community.
  • post or link to any codes or computer programs that contain destructive features, such as viruses, worms or Trojan horses.

    Third Party Links

    The Community may contain links to third party sites (either provided by Automox or by the Community users). Those linked sites are not under Automox’s control and Automox is not responsible for, nor endorses, the content of any linked site.

    Contributions

    There are opportunities for you as a user of the Community to actively participate by creating, providing and sharing information to the Community such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, Worklets, patches, bug fixes, binaries or executables, or other information (collectively "Contributions"). Contributions in the Community are subject to these Terms of Use. Automox assumes no responsibility or liability over the sharing of Contributions among users.

    Any Contributions provided by you to the Community may be editable and freely used by Automox and other users. Ways in which your Contributions may be used include, but are not limited to, creating comments, articles, documents, FAQs or knowledge bases. For example, users may incorporate Worklets written by other users into new Worklets. Additionally, users may incorporate documents written by others to create a new list of FAQs. Automox may retain and use Contributions, in edited or unedited form, for any purpose in any way including but not limited to re-posting such Contributions to other areas of the Community, by using Contributions in current or future products or services, or even giving or selling your Contributions to others. Therefore, do not upload Contributions to the Community unless you agree to these Terms of Use. Automox is under no obligation to post or use any Contributions provided by users and Automox may in fact remove any Contributions at any time at its sole discretion for any reasons or for no reasons.

    Users are solely responsible for all Contributions to the Community. Automox has no control over users’ Contributions, and we do not endorse any user Contributions. Additionally, Automox does not make any promises about the reliability of any source or the accuracy, safety, or intellectual property rights of any Contributions. By posting a Contribution, you represent and warrant to either own or have all the intellectual property rights necessary to upload or share all content contained within such Contribution and that the Contribution does not infringe on the intellectual property rights of others.

    Licenses

    When you submit content to Community, you do not lose ownership of your Contribution. Rather, with each Contribution, you grant Automox and each user an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivative works of, sublicense, perform, and distribute any Contribution content, feedback, suggestions, or ideas for any purpose without any obligation or compensation to you.

    If you make available through the Community ideas and suggestions on Automox products or services, you acknowledge and agree that posting such a Contribution does not make you an inventor of any invention that may arise during any development of any Automox product or service, including those that may incorporate or are related to user contributions to Community. If, despite the foregoing, you retain any right, title, or interest in any invention, you agree to assign to Automox all right, title, and interest in and to such invention, effective upon the invention’s conception, creation, or development. To the extent that you retain any right to or interest in any invention after all permissible assignment, you waive all claims with respect to such rights or interests against Automox and its affiliates, and any user of any Automox product or service. In addition, you grant Automox an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivatives works of, sublicense, perform, distribute, modify, make, sell, offer to sell, import, analyze, and exploit all or any portion of such invention. You waive and quitclaim to Automox any claim for infringement, misappropriation, or other violation of any invention or intellectual property rights assigned or licensed under these Terms.

    No Warranty

    The Community and content posted on the Community is provided “AS-IS,” exclusive of any express or implied warranties whatsoever. AUTOMOX DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. AUTOMOX IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. AUTOMOX DOES NOT WARRANT THAT THE COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

    Limitation of Liability

    You agree that you bear all risks associated with using or relying upon content on the Community.

    IN NO EVENT SHALL AUTOMOX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, ARISING FROM YOUR USE OF THE COMMUNMITY, EVEN IF AUTOMOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT THAT AUTOMOX MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF WARRANTY AND THE EXTENT OF AUTOMOX’S LIABILITY SHALL BE LIMITED AT ALL TIMES TO THE AMOUNT PAID, IF ANY, BY YOU TO AUTOMOX FOR YOUR ACCESS AND USE OF THE COMMUNITY.

    Indemnity

    You will indemnify and hold harmless Automox and its affiliates, and their respective officers, directors, employees, and contractors, from and against any claim by a third party arising from or related to: (a) your use or attempted use of Community in violation of these Terms, (b) your violation of any law or the rights of any third party, or (c) any Contributions you post to the Community, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

    Modification to the Terms

    Automox may change these Terms at any time and without notice. By continuing to use or log-in to the Community after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging-in to the Community

    Governing Law

    These Terms are governed by and construed in accordance with the laws of New York, without regard to its conflict of laws Terms. You expressly and irrevocably agree that the exclusive jurisdiction for any claim or dispute under these Terms resides in the competent courts located in Denver, Colorado.

    Severability

    In the event any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

    Relationship of the Parties

    Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf.

    Information and Notices

    You agree that Automox may send you information and notices regarding the Community or your Community account, by email, by posting notices on the Community or by other means based on the information you provide to Automox.

    Entire Agreement

    These Terms constitute the complete and exclusive agreement between the parties concerning the Community and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of these Terms. If Automox should waive any breach of any provision of these Terms, it shall not be deemed to have waived any preceding or succeeding breach of the same or any other provision hereof.

    Procedure for Making Claims of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

    Automox respects the intellectual property rights of others, and we ask our Community members to do the same. If you believe that your copyrighted work has been copied and is accessible on an Automox web site or Community site in a way that constitutes copyright infringement, please send a notice to our copyright agent providing the following information:

    • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf
    • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity
    • A description of where the material that you claim is infringing is located, such as the URL where it is posted
    • Your name, address, telephone number, and email address
    • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law
    • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf Automox’s copyright agent for notice of claims of copyright infringement can be reached as follows. Note: This contact information is solely for reporting copyright infringement.

      Automox Inc.

      Isabel Coberly, Assistant General Counsel

      Email: legal@automox.com

      Tel: 720-334-8473

      4845 Pearl East Cir., Ste 118

      PMB 80340

      Boulder, Colorada, 80301

      United States of America

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