Online Service Agreement

Last Updated:  February 28, 2014

This is a contract between you and AutoManager, Inc. This contract refers to AutoManager, Inc. as "we," "us," or "our." This contract applies to any AutoManager sites (and their successor sites), services (including pre-release services) and software, including all updates, support, and content. This contract refers to all of these as the "service." This contract also covers your use of any additional AutoManager services for which you sign up while this contract is in force, unless other terms accompany those services. If so, those terms apply. You represent that you are at least 18 years of age or have attained the age of majority where you live, and that all information you supply is true and correct. Each service may have other posted notices or codes of conduct. All such notices and codes of conduct are incorporated by reference into this contract.

You may only use the service if you agree to these terms. If you do not agree, do not use the service. This contract limits our liability and disclaims warranties for the service to the maximum extent permitted by law. Please read these sections of the contract carefully.

1. When You May Use the Service

If you create an account to use the service, you may start using the service as soon as you have finished the sign-up process. As indicated during the setup process, some parts of the service may not be available right away while we configure them for your use. If you do not create an account to use the service, you can use the available service right away.

2. How You May Use the Service

In using the service, you will

3. How You May Not Use the Service

In using the service, you may not

4. Your Service Account

You may establish a service account and password for the service. The service may enable you to have other people create member accounts and passwords associated with your account. We call these "associated accounts." You are responsible for all activity under your account, associated accounts, and passwords.

5. Associated Account Users

If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and in some cases, to request and receive computer and service use information related to your associated account. Any data related to your associated account is collected and delivered to the account holder and AutoManager.

6. How We May Change This Contract

AutoManager may change this contract at any time without notice. If we make a material change to this contract, we will notify you at least 30 days before the change takes place. If you do not agree to the change, you must cancel and stop using the service before the change takes place. If you do not stop using the service, your continued use of the service will be under the changed contract.

7. Charges and Billing

This section applies in all situations in which you pay AutoManager directly for a service. If you pay a company other than AutoManager for a service, then the charges and billing terms are as stated by that company. Even if you do not pay for the service, you may still incur other charges incidental to using the service; for example, charges for phone or Internet access, mobile text messaging, wireless service and other data transmissions.

This rule incorporates by reference the entirety of the AutoManager Terms of Sale and Refund Policy (located at If you do not agree to and accept these policies, do not subscribe to this service.

8. Changes to the Service; Cancellation or Termination

9. Limits On Service

AutoManager may establish limits on the service. For example, we may limit

If you exceed the published service limits, AutoManager reserves the right to cancel your service.

10. A Service May Be a Pre-release Version

A particular service may be a pre-release version. It may not work the way a final version of the feature or service will. We may change it for the final, commercial version. We may not release a commercial version. We also reserve the right to change a pre-release service at any time without advance notice to you.

11. AutoManager Does Not Have Editorial Control

12. Advertising Rights

AutoManager provides WebManager Lite free of charge to DeskManager clients who are current with their annual maintenance fees. Since it is a free service, we reserve the right to include advertising – of any form or placement, at our discretion – on WebManager Lite-generated web pages.

13. Privacy

14. Use of Application User Data

During the process of using the Service, the information you provide to the Service may be used for statistical and/or aggregation purposes. Data used for statistical purposes will not identify you or your business as the source of information. Should AutoManager decide to create an aggregated portal site, the data you provide to the public through your web site may be used.

15. Software

16. Materials that AutoManager Licenses to You

17. Your Dealings with Others

If you obtain anything from a third party (including third party offered services) through the service, you understand that your relationship with respect to those things is with the third party directly and not with AutoManager. In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against AutoManager, even if AutoManager assisted in billing for the third party offering. You are solely responsible for your dealings with any third party, including

You represent and warrant that

18. Third Party License Agreements

19. Feedback

If you give feedback about the service to AutoManager, you give to AutoManager, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of a AutoManager software or service that includes the feedback. You will not give feedback that is subject to a license that requires AutoManager to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.

20. Our Notices to You

This contract is in electronic form. We have promised to send you certain information in connection with the service and we have the right to send you this information in electronic form. There may be other information about the service that the law requires us to send to you. We may send this information to you in electronic form.

We may provide required information to you

Notices will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the service.

21. No Warranty

AutoManager makes no guarantee about the reliability, accuracy, or timeliness of the service or the results obtained from the service. You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.

We provide the service "as-is," "with all faults," and "as available." You bear the risk of using it. To the maximum extent permitted by law, the AutoManager parties give no express warranties, guarantees, or conditions. You may have additional rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.

22. Liability Limitation

You can recover from the AutoManager parties only direct damages up to an amount equal to your service charge for one month or the equivalent of $5 USD (whichever is greater). To the extent permitted by law, you cannot recover any other damages from the AutoManager parties, including consequential, lost profits, special, indirect, or incidental damages.

This limitation applies to anything related to:

It also applies even if

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country or region may not allow the exclusion or limitation of incidental, consequential, or other damages.

23. Claim Must Be Filed Within One Year

To the extent permitted by law, any claim related to this contract or the service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors. It also applies to AutoManager and its successors and assigns.

24. AutoManager Company, Applicable Law, and Place for Resolving Disputes

California state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country or region to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California, USA for all disputes arising out of or relating to this contract.

25. Contract Interpretation

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between AutoManager and you regarding the service. It supersedes any other contract or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the contract do not limit the other terms of this contract.

26. Assignment

AutoManager may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish a service account and enter into a contract with us.

27. Force Majeure

AutoManager will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of god.