Apple and Google Terms and Conditions; ScaleIt Auto App Policies
Subject to these Terms, ScaleIt Auto App, grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application only on an Apple iPhone, iPad or iPod Touch or an Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Some functionality of the Application may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, email addresses, financial information (such as credit card numbers), the International Mobile Equipment identity number accessed in the User’s Device, phone-book information, vehicle information, or information related to GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to ScaleIt Auto App, ScaleIt App LLC, its agents, and service providers and authorizes ScaleIt Auto App, its agents, and service providers to record, process and store such User Information as necessary for the Application functionality.
The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application. ScaleIt Auto App & Scale It App, LLC shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.
Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, the Website, or Content that is not authorized by ScaleIt Auto App (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Application, the Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to ScaleIt Auto App, ’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair ScaleIt Auto App, servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). ScaleIt Auto App reserves the right, in its sole discretion, to terminate any User License, remove Content or assert legal action with respect to Content or use of the Application that ScaleIt Auto App, reasonably believes is or might be in violation of these Terms.
The trademarks, service marks, and logos of ScaleIt Auto App, Scale It App, LLC (“ScaleIt Auto App Trademarks”) used and displayed on the Application are registered and unregistered trademarks or service marks of ScaleIt Auto App. Other company, product, and service names located on the Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with ScaleIt Auto App Trademarks, the “Trademarks”). Nothing on the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of ScaleIt Auto App & Scale It App, LLC Trademarks inures to our benefit.
Elements of the Application are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
SCALEIT AUTO APP IS PROVIDING THE APPLICATION TO THE USER “AS IS” AND THE USER IS USING THE APPLICATION AT HIS, HER, OR ITS OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SCALEIT AUTO APP, DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF AN ONLINE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SCALEIT AUTO APP, AND OTHER AFFILIATED COMPANIES (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN ANY ONLINE PAYMENT; AND (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN ONLINE PAYMENT. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT (BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) SHALL THE AGGREGATE LIABILITY OF SCALEIT AUTO APP, OR OTHER AFFILIATED COMPANIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ANY COMPENSATION THE USER PAYS, IF ANY, TO SCALEIT AUTO APP, FOR ACCESS TO OR USE OF THE APPLICATION DURING THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
ScaleIt Auto App reserves the right to change or modify these Terms or any other policies related to use of the Application at any time and at its sole discretion by posting revisions on the Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Governing Law; Dispute Resolution
Scale It App LLC (the “Company”) owns all rights, title, and interests in and to the Scale It Auto App (“App”). The ownership and title to the App will at all times remain with the Company.
Copyright © 2018 ScaleIt Auto App & Scale It App, LLC . All rights reserved.