Privacy Policy and Terms of Use

Privacy Policy
Terms of Use

Last modified: April 25, 2017.

Privacy Policy

Auto Master Systems, Inc. (“AMS”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may access or collect from you or that you may provide when you use any of the services provided by AMS or visit the auto master.com website or an AMS-created control panel website to access services provided by AMS (all services and websites collectively “Services”), and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information that AMS collects by virtue of your use of the Services, in e-mail, text and other electronic messages between you and the Services and through mobile and desktop applications you download from the Services. It does not apply to information collected by AMS offline, through any third party, including through any application content (including advertising) that may link to or be accessible from or on the Services, or through any other means, including on any other website operated by AMS or any third party (including any vendors or suppliers of AMS).

Please read the policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Services. By accessing or using the Services, you agree to this privacy policy. AMS reserves the right to amend this privacy policy at its sole discretion at any time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
AMS does not intend that the Services will be accessed or used by children under the age of 18, and such use is prohibited. AMS will promptly delete information associated with any account for which AMS obtains actual knowledge that the registered user is not at least 18 years old.

Collection of Personal Information

AMS collects personal information from users of the Services. AMS may collect basic contact information such as name, account number, address, e-mail address, demographic data, usage information, telephone and fax numbers, and information you provide by filling in forms available through the Services, including information provided at the time of registering to use (or otherwise provided to AMS for the purposes of using) the Services such as user name, password or other identifiers. AMS may also collect personal information when users submit comments or other messages to AMS through the Services. Additionally, AMS or its third party vendors or suppliers may collect personal information through the Services by using web cookies, clicktrails and web beacons. All information collected by means of cookies or clicktrails will be anonymized, aggregated and only used by AMS to develop and track traffic patterns and the volume of use of the Services. If you do not want to receive a cookie, you may set your browser to refuse cookies or to notify you when you receive a cookie, which you may then refuse upon such notice. AMS does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. If you do not agree with AMS’s policy not to honor Do Not Track, your only remedy is to stop using the Services.

User Access Controls

You are responsible for managing user access controls within the Services. You define the usernames, roles, and password characteristics (length, complexity, and expiration timeframe) for your users subject to AMS’s requirements. You are entirely responsible for any failure by you, your agents, contractors or employees (including without limitation all of your users) to maintain the security of all usernames, passwords and other account information under your control. Except in the event of a security lapse caused by our gross negligence or willful action or inaction, you are entirely responsible for all use of the Services through your usernames and passwords whether or not authorized by you and any charges resulting from such use. You will immediately notify us if you become aware of any unauthorized use of the Services.

Use and Disclosure of Personal Information

AMS may use and disclose personal information for specific purposes, including without limitation:

  • For compiling aggregate statistics of the use of the Services;
  • For maintenance and administration of the Services;
  • To follow up on comments and other messages that users submit to AMS through the Services;
  • For direct marketing and promotional efforts by or on behalf of AMS (unless the user opts-out of receiving such information);
  • To contractors or other third party vendors or suppliers that AMS uses to support its business;
  • To a buyer or other successor in the event of a merger; divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of AMS’s assets;
  • For contacting and recruiting individuals who submit résumés through AMS or a third party’s web site;
  • To fulfill the purpose for which you provide it;
  • For any other purpose disclosed by AMS when you provide the information; and
  • With your consent.

Legal Disclosures

AMS may disclose your personal information in order to enforce a services agreement, license agreement or any other agreement with you, or in urgent circumstances to protect personal safety, the public, AMS or the Services. It is also possible that AMS may be required by law to disclose your personal information pursuant to judicial or other government subpoenas, warrants, or orders, potentially, in any location where AMS does business.

Disclosure Requests

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure required by Section 1798.83 of the California Civil Code, please contact AMS via email at privacy@auto-master.com and allow 30 days for a response.

Correcting, Updating and Removing Personal Information

If a user’s personal information changes or is incorrect, please contact privacy@auto-master.com so that AMS may make any necessary updates or corrections. Additionally, in the event that a user of the Services does provide personal information and later wishes to have AMS remove the personal information, please contact privacy@auto-master.com in order to do so.

Data Security and Integrity

AMS has put in place certain technological and procedural security functions in order to protect the personal information it collects, uses or transfers from loss, misuse, alteration or destruction. In addition, AMS will use reasonable efforts to remove a user’s personal information when it is no longer required for the purposes set forth above. However, AMS cannot guarantee that any loss, misuse, alteration, destruction or retention will or will not occur, and makes no representations to this effect. AMS also cannot (and does not) make any guarantees or representations with respect to, or assume any responsibility for, the security of any devices not provided by AMS (including your personal cellular device or computer), any infrastructure or materials not exclusively controlled by AMS or with respect to the Internet in general.

Third Party Websites

The Services may include a means of facilitating payment transactions through specific payment processing URLs or other external websites operated by third parties, and may provide links to third party websites or direct your access to third party websites. AMS does not make any representations or warranties with respect to any third party websites. Information collected by external websites is governed by the privacy policy of such websites and not by this privacy policy. You should be aware that the owners and operators of third party websites might collect, use or transfer personal information (including types of personal information not collected by AMS) though different means and under different terms and conditions than AMS. Upon linking or otherwise connecting to any third party website, you should inform yourself of the privacy policies of such third party web sites.

If you have any questions or concerns regarding the AMS privacy policy, please contact us at privacy@auto-master.com

Terms of Use

EFFECTIVE DATE: The effective date of these Terms of Use is April 25, 2017.

Welcome to the website of Auto Master Systems, Inc. (“Auto Master,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of auto-master.com, including any content, functionality and services offered on the website (collectively, the “Website”). Unless otherwise indicated, the Website and its contents, including all trademarks, service marks and logos, are the property of Auto Master or used by permission, and are protected pursuant to U.S. and foreign copyright and trademark laws.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS SPECIFICALLY INCORPORATED HEREIN BY REFERENCE. If you do not agree to be bound by any of these Terms of Use, do not use the Website. By accessing the Website, you agree to the following terms and conditions:

1. The Website and the material contained therein may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of Auto Master, except that you are permitted to print or download on a single computer a copy of any of the materials on the Website for personal non-commercial use, provided no copyright, trademark or other proprietary notices are removed. No intellectual property or other rights in or to the Website or its contents are transferred to you.

2. The photographs, artwork and information contained in this site are copyrighted and may not be distributed, modified, reused, reposted, or otherwise used outside the scope of normal web browsing without the express written permission of Auto Master.

3. You hereby acknowledge and agree that your relationship with Auto Master is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Auto Master does not place Auto Master in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you submit to Auto Master, even if such material is altered or changed in a manner not agreeable to you.

4. The information on the Website is provided solely for illustrative purposes and does not create any business, contractual or employment relationship.

5. We reserve the right to withdraw or amend this Website (or any portion thereof), and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

6.You may be required to provide personally identifiable information or registration details or other information to use and/or access certain portions of the Website. You agree that any information that you provide to Auto Master will be accurate and that you will make reasonable efforts to keep that information up to date and complete. Please also review Auto Master’s Privacy Policy, which you also agree is applicable to all information submitted to us by using the Website. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

7. You agree that you will:

(a) only use the Website as permitted by these Terms of Use and as permitted by law;

(b) not access, or attempt to access, restricted or registration-required portions of the Website by any means other than the interface provided by Auto Master;

(c) not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Auto Master), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Auto Master in its sole discretion);

(d) not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;

(e) not interfere with or disrupt the use and enjoyment of the Website by Auto Master or any third party;

(f) not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Auto Master’s or any third party’s use and enjoyment of the Website and any other software, hardware and data;

(g) not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to Auto Master, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;

(h) not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;

(i) not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of Auto Master;

(j) not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website.

8. The material on the Website and the Website itself is provided “as is” and is without warranty of any kind. Auto Master disclaims all warranties, express or implied, including without limitation, the implied warranties of title, non-infringement, security, merchantability and fitness for a particular purpose, with respect to the Website and the material on the Website. Auto Master also makes no representations or warranties as to whether the information accessible on or through use of the Website is accurate, complete or current. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

9.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL AUTO MASTER BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, COMMUNICATIONS FAILURES, TAMPERING, HACKING, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR ANY MATERIAL OR SITES LINKED TO OR TO WHICH YOU CONNECT BY USE OF THE WEBSITE, EVEN IF AUTO MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY WEBSITE OR ANY RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL AUTO MASTER, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDORS, AFFILIATES, SUBSIDIARIES OR ASSIGNS BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN UNITED STATES DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

10.The posting of any content or material to the Website and the creation of a link from the Website to any other website are expressly prohibited without the prior written consent of Auto Master.

11.Certain features of the Website may be subject to a separate written agreement with Auto Master or a third-party. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.

12.The Website may contain links to third party websites. These third party websites may be affiliated with Auto Master or unaffiliated. Auto Master is not responsible for, and you agree that Auto Master will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Website may be linked, to which your access may be directed from the Website or from which an Auto Master website may be accessed. Auto Master does not regularly review materials on websites linked to the Website or connected to (or to which you are directed through use of) the Website and does not endorse the materials appearing on any such websites.

13.Auto Master reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Auto Master deems to be inappropriate or inconsistent with or antithetical to the Website, the business of Auto Master and/or these Terms of Use.

14.You agree to indemnify and hold harmless Auto Master, its affiliates, subsidiaries, licensors and assigns, and their respective officers, members, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Website or any materials downloaded, obtained, used or otherwise accessed or acquired through the Website: (a) in breach of these Terms of Use or in violation of any law or regulation; (b) that attempt, commit or result in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (c) in breach of any agreement between you and any third party. Auto Master reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the express prior written consent of Auto Master. This indemnification section will survive any termination or expiration of these Terms of Use.

15.Auto Master operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you are solely responsible for compliance with any applicable laws. These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Indiana, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Use and/or your use of any Auto Master website must be filed exclusively in Grant County, State of Indiana, United States of America.

16.Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

17.No waiver by Auto Master of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and a failure of Auto Master to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18.Auto Master reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. Auto Master will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes.

If you have any questions or concerns regarding these Terms of Use, please contact us at ams@auto-master.com. You may also direct inquiries by regular mail to Auto Master Systems, Inc., 116 N. Main St., Sweetser, IN 46946 or by phone to (765) 384-4379.

These Terms of Use, the Privacy Policy are the entire agreement between you and Auto Master concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as provided herein. These Terms of Use do not, however, supersede or replace any applicable Software Services Agreement or other agreement governing your use of any services provided by Auto Master.