Terms of Use

BY USING THIS MOBILE APPLICATION (THE “APPLICATION”), YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE APPLICATION. THESE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND ScaleIt Auto App, GOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING THIS APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.

Apple and Google Terms and Conditions; ScaleIt Auto App Policies

These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at http://www.apple.com/legal/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.html) (“Google Terms”) and (c) other ScaleIt Auto App, policies (“Scale It Policies”), including the terms of use for the Website, posted at www.scaleitautoapp.com (the “Website”). If any of the provisions of the Apple Terms, Google Terms or any applicable Scale It Auto App Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.

User License

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.

User Information

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.

Acceptable Use

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.

Intellectual Property

The Application contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of ScaleIt Auto App, (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other application, website, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access or use the Content and the Application automatically terminates.

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.

Indemnification

You will defend, indemnify, and hold harmless ScaleIt Auto App & Scale It App, LLC and our respective officers, directors, members, managers, employees, and agents from any and all liabilities, costs, damages, and expenses (including reasonable attorneys’ fees) in connection with any third-party action, claim, or proceeding (each, a “Claim”) arising from your breach of these Terms of Use or your access to, use, or misuse of the Application or the Content. We shall promptly notify you of any Claim.

No Warranties

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.

No Liability

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.

Changes

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

These Terms of Use are governed by the laws of the State of New Jersey, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey (specifically, the Superior Court of New Jersey, Essex County, and the United States District Court for the District of New Jersey, Newark Vicinage).

Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Terms of Use will remain in full force and effect.

Our failure to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. These Terms of Use comprise the entire agreement between you and ScaleIt Auto App, regarding the subject matter of these Terms of Use, and there are no agreements, understandings, promises, or conditions, oral or written, express or implied, concerning the subject matter of these Terms of Use that are not merged herein or superseded hereby. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

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.