Terms and Conditions

Terms and Conditions

Terms of Service:

The following terms and conditions govern all use of the autolocksmithsanjose.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Auto Locksmith San Jose ("Auto Locksmith San Jose"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Auto Locksmith San Jose Privacy Policy) and procedures that may be published from time to time on this Site by Auto Locksmith San Jose (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Auto Locksmith San Jose, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your autolocksmithsanjose.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Auto Locksmith San Jose may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Auto Locksmith San Jose liability. You must immediately notify Auto Locksmith San Jose of any unauthorized uses of your blog, your account or any other breaches of security. Auto Locksmith San Jose will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
   • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Auto Locksmith San Jose or otherwise.

   By submitting Content to Auto Locksmith San Jose for inclusion on your Website, you grant Auto Locksmith San Jose a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Auto Locksmith San Jose will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, Auto Locksmith San Jose has the right (though not the obligation) to, in Auto Locksmith San Jose sole discretion (i) refuse or remove any content that, in Auto Locksmith San Jose reasonable opinion, violates any Auto Locksmith San Jose policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Auto Locksmith San Jose sole discretion. Auto Locksmith San Jose will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.
   • General Terms. By selecting a product or service, you agree to pay Auto Locksmith San Jose the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
   • Automatic Renewal. Unless you notify Auto Locksmith San Jose before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Auto Locksmith San Jose in writing.

4. Services.
   • Fees; Payment. By signing up for a Services account you agree to pay Auto Locksmith San Jose the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Auto Locksmith San Jose reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Auto Locksmith San Jose.
   • Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Auto Locksmith San Jose to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free autolocksmithsanjose.com services. All support will be provided in accordance with Auto Locksmith San Jose standard services practices, procedures and policies.

5. Responsibility of Website Visitors. Auto Locksmith San Jose has not reviewed, and

   cannot review, all

   of the material, including computer software, posted to the Website, and cannot therefore be responsible for

   that material's content, use or effects. By operating the Website, Auto Locksmith San Jose does not

   represent or imply

   that it endorses the material there posted, or that it believes such material to be accurate, useful or

   non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer

   systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may

   contain content that is offensive, indecent, or otherwise objectionable, as well as content containing

   technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that

   violates the privacy or publicity rights, or infringes the intellectual property and other proprietary

   rights, of third parties, or the downloading, copying or use of which is subject to additional terms and

   conditions, stated or unstated. Auto Locksmith San Jose disclaims any responsibility for any harm

   resulting from the

   use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the

   material, including computer software, made available through the websites and webpages to which

   autolocksmithsanjose.com links, and that link to autolocksmithsanjose.com.

   Auto Locksmith San Jose does not have any control over those non-Auto Locksmith San Jose websites

   and webpages, and is not responsible for their contents or their use. By linking to a

   non-Auto Locksmith San Jose website or webpage, Auto Locksmith San Jose does not represent or imply

   that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect

   yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive

   content. Auto Locksmith San Jose disclaims any responsibility for any harm resulting from your use of

   non-Auto Locksmith San Jose websites and webpages.

7. Copyright Infringement and DMCA Policy. As Auto Locksmith San Jose asks others to

   respect its

   intellectual property rights, it respects the intellectual property rights of others. If you believe that

   material located on or linked to by autolocksmithsanjose.com violates your copyright, you are

   encouraged to notify Auto Locksmith San Jose in accordance with Auto Locksmith San Jose Digital Millennium Copyright Act ("DMCA") Policy.

   Auto Locksmith San Jose will respond to all such notices, including as required or appropriate by

   removing the infringing material or disabling all links to the infringing

   material. Auto Locksmith San Jose will terminate a visitor's access to and use of the Website if, under

   appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other

   intellectual property rights of Auto Locksmith San Jose or others. In the case of such

   termination, Auto Locksmith San Jose will have no obligation to provide a refund of any amounts

   previously paid to Auto Locksmith San Jose.

8. Intellectual Property. This Agreement does not transfer from Auto Locksmith San Jose to you any Auto Locksmith San Jose or third party intellectual property, and all right, title and

   interest in and to such property will remain (as between the parties) solely

   with Auto Locksmith San Jose. Auto Locksmith San Jose, autolocksmithsanjose.com,

   the autolocksmithsanjose.com logo, and all other trademarks, service marks, graphics and logos used

   in connection with autolocksmithsanjose.com, or the Website are trademarks or registered trademarks

   of Auto Locksmith San Jose or Auto Locksmith San Jose licensors. Other trademarks, service

   marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.

   Your use of the Website grants you no right or license to reproduce or otherwise use

   any Auto Locksmith San Jose or third-party trademarks.

9. Advertisements. Auto Locksmith San Jose reserves the right to display advertisements

   on your blog unless you have purchased an ad-free account.

10. Attribution. Auto Locksmith San Jose reserves the right to display attribution links

    such as 'Blog at autolocksmithsanjose.com,' theme author, and font attribution in your blog footer

    or toolbar.

11. Partner Products. By activating a partner product (e.g. theme) from one of our partners,

    you agree to that partner's terms of service. You can opt out of their terms of service at any time by

    de-activating the partner product.

12. Domain Names. If you are registering a domain name, using or transferring a previously

    registered domain name, you acknowledge and agree that use of the domain name is also subject to the

    policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration

    Rights and Responsibilities.

13. Changes. Auto Locksmith San Jose reserves the right, at its sole discretion, to modify

    or replace any

    part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your

    continued use of or access to the Website following the posting of any changes to this Agreement constitutes

    acceptance of those changes. Auto Locksmith San Jose may also, in the future, offer new services and/or

    features

    through the Website (including, the release of new tools and resources). Such new features and/or services

    shall be subject to the terms and conditions of this Agreement.

14. Termination. Auto Locksmith San Jose may terminate your access to all or any part of

    the Website at

    any time, with or without cause, with or without notice, effective immediately. If you wish to terminate

    this Agreement or your autolocksmithsanjose.com account (if you have one), you may simply

    discontinue

    using the

    Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be

    terminated by Auto Locksmith San Jose if you materially breach this Agreement and fail to cure such

    breach within

    thirty (30) days from Auto Locksmith San Jose notice to you thereof;

    provided that, Auto Locksmith San Jose can terminate the Website immediately as part of a general shut

    down of our

    service. All provisions of this Agreement which by their nature should survive termination shall survive

    termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and

    limitations of liability.

15. Disclaimer of Warranties. The Website is provided "as is".

    Auto Locksmith San Jose and its suppliers and licensors hereby disclaim all warranties of any kind,

    express or

    implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose

    and non-infringement. Neither Auto Locksmith San Jose nor its suppliers and licensors, makes any

    warranty that the

    Website will be error free or that access thereto will be continuous or uninterrupted. You understand that

    you download from, or otherwise obtain content or services through, the Website at your own discretion and

    risk.

16. Limitation of Liability. In no event will Auto Locksmith San Jose,

    or its suppliers

    or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence,

    strict liability or other legal or equitable theory for: (i) any special, incidental or consequential

    damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or

    loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you

    to Auto Locksmith San Jose under this agreement during

    the twelve (12) month period prior to the cause of

    action. Auto Locksmith San Jose shall have no liability for any failure or delay due to matters beyond

    their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. General Representation and Warranty. You represent and warrant that (i) your use of the

    Website will be in strict accordance with

    the Auto Locksmith San Jose Privacy Policy, with this Agreement

    and with all applicable laws and regulations (including without limitation any local laws or regulations in

    your country, state, city, or other governmental area, regarding online conduct and acceptable content, and

    including all applicable laws regarding the transmission of technical data exported from the United States

    or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the

    intellectual property rights of any third party.

18. Indemnification. You agree to indemnify and hold harmless Auto Locksmith San Jose, its

    contractors,

    and its licensors, and their respective directors, officers, employees and agents from and against any and

    all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but

    not limited to your violation of this Agreement.

19. Miscellaneous. This Agreement constitutes the entire agreement

    between Auto Locksmith San Jose and

    you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an

    authorized executive of Auto Locksmith San Jose, or by the posting by Auto Locksmith San Jose of a

    revised version. Except to

    the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website

    will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions,

    and the proper

    venue for any disputes arising out of or relating to any of the same will be the state and federal courts

    located in San Jose County, California. Except for claims for injunctive or equitable relief or

    claims regarding

    intellectual property rights (which may be brought in any competent court without the posting of a bond),

    any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive

    Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three

    arbitrators appointed in accordance with such Rules. The arbitration shall take place in

    San Jose, California, in the English language and the arbitral decision may be

    enforced

    in any court.

    The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and

    attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed

    to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A

    waiver by either party of any term or condition of this Agreement or any breach thereof, in any one

    instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights

    under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;

    Auto Locksmith San Jose may assign its rights under this Agreement without condition. This Agreement

    will be binding

    upon and will inure to the benefit of the parties, their successors and permitted assigns.