Please read these Terms carefully. By using autouplinktech.com, you’re agreeing to these Terms, which will result in a legal agreement between you and AutoUpLink Tech (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. AutoUpLink Tech (“AutoUpLink Tech,” “we,” or “us”) is a website that promotes our products and services (each a “Product”, and collectively “Products”) and allows our customers and potential customers to communicate with AutoUpLink Tech (the “Service”) offered through the URL www.autouplinktech.com (the “Website”). AutoUpLink Tech is a North Carolina limited liability company whose legal name is Jitter, LLC d/b/a AutoUpLink Tech. AutoUpLink Tech has employees, independent contractors, and representatives (“our Team”). As a user of the Service or a representative of an entity that’s a user of the Service, you’re a “Visitor” according to this Agreement (or “you”).
The material provided on the Website is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Sites are owned, controlled and operated by Provider from its offices within the United States. Provider makes no representation that materials in the Sites are available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
If you have any questions about our Terms, feel free to contact us.
In order to use the Service, you must:
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
AutoUpLink Tech may refuse service, deny and prevent access by any users, and change eligibility requirements at any time.
When you interact with the Website, use the Service, and agree to these Terms, the Agreement between you and AutoUpLink Tech is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you use our Website or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Visiting the Website homepage at www.autouplinktech.com or navigating any of the pages in the Website means that you’ve officially “signed” and accepted the Terms.
You or AutoUpLink Tech may terminate the Agreement at any time and for any reason by giving notice to the other party. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation, including if your access to the Website is suspended or terminated for cause, like a breach or any violation of the Agreement.
5. Access to the Website
When you visit the Website and become a Visitor, no payment for access to the Website will be charged to you or required of you. Access to the Website www.autouplinktech.com is provided free of charge by AutoUpLink Tech to all Visitors. Only if you select one or more products on the site to purchase, and you agree to pay for the products purchased via the Service and Website, will any payments be made by you.
6. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the Products available for sale (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). Use of the Website(s) and Services do not entitle you as a Visitor to any rights, title or interest in the Website itself or the Products available for sale on it.
Images of people or places displayed on the Website are either the property of, or used with permission by AutoUpLink Tech. Notwithstanding anything to the contrary contained herein, the use of these images by you, or anyone authorized by you, is prohibited unless specially permitted by these Terms or specific permission provided elsewhere in the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
8. General Rules
By agreeing to these Terms, you promise to follow these rules:
We also may suspend or terminate your access to the Website if we determine, in our sole discretion, that you are either:
If you violate any of these rules, then we may suspend or terminate your access to the Website.
9. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address firstname.lastname@example.org.
10. Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 10.
11. Export Controls
The software that supports the Service (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you won’t, directly or indirectly through a third party, allow the software to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.
It’s important to note that this Section 11 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern the Website(s), the Service, or the software. You’re downloading and using the software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.
12. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid for in your previous order for Product(s).
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service, regardless of whether we terminate or suspend your access due to such violation.
13. No Warranties
To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Visitors use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
15. Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
16. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
17. Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Visitors.
19. Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:
Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is Jitter LLC, 5200 77 Center Drive, Suite 225, Charlotte, North Carolina 28217.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
21. Choice of Law
The State of North Carolina’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Mecklenburg County, North Carolina, and each party will be subject to the jurisdiction of those courts.
22. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
26. Amendments and Waiver
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
27. No Changes in Terms at Request of Member
Because we have so many Visitors, we can’t change these Terms for any one Visitor or group.
28. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. AutoUpLink Tech’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
29. Notification of Security Breach
In the event of a security breach that may affect you or anyone in your shipping and contact info stored securely in the site from previous purchases (each a “List”), we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, AutoUpLink Tech, 5200 77 Center Drive, Suite 225, Charlotte, North Carolina, 28217, or any addresses as we may later post on the Website.
31. Entire Agreement
The Agreement makes up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.
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