Modification or Termination of the Site
Availability of Products and Services
AEC, Inc.’s principal place of business is located in the State of Michigan in the United States of America. AEC, Inc. makes no representation that the Site and/or Services are appropriate or available for use in other locations. Not all of the products, services and materials described on this Site are available in all states and we reserve the right to determine such eligibility as permitted by law. Where noted, certain products or services may also be subject to specific terms, conditions, representations, and agreements. In addition, on- line quotes may not be available for all states or all products and services. For additional information about products, services, availability or coverages, please contact us directly.
Intellectual Property and Proprietary Rights
You acknowledge and agree that AEC, Inc. and/or its affiliates and/or its licensors shall own all worldwide right, title and interest in and to the Site and all content available on or through the Site, including but not limited to: applications, products, Services, forms, e-forms, designs, text, graphics, multimedia content, software, and other information; data, files, and their selection and arrangement; related code; and any modifications, updates, upgrades, copies, derivative works, augmentations, or customizations of the foregoing (the "Site Content"). All worldwide intellectual property rights, title and interests include, without limitation, all United States, Canadian and worldwide patents, patent applications, copyrights, trademarks, service marks, trade secrets, rights of publicity and privacy and other proprietary rights.
You further acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions") provided by you to the Company are non- confidential and shall become the sole property of AEC, Inc. We shall own exclusive rights, including all intellectual property and proprietary rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Grant of Limited License to Use E-Forms
(2) The monthly renewable license shall become effective on the date Company receives the first license fee payment and the license to use the e-form(s) shall renew on a monthly basis for each month you pay the then current monthly license fee, which shall be due on the same day each subsequent month. You will have a license to use an unlimited number of e-forms during said month. For example, if a you pay the license fee on February 15th, you shall have a license to use an unlimited number of the licensed e-form(s) through March 15th, on which date the license fee must be paid to renew the monthly license and use the e-forms from March 15th through April 15th, and so on.
(3) you may only use the license to the Company forms in electronic form, not for any other purpose or in any other form whatsoever, and only in conjunction with a Data Management System (DMS) approved and/or licensed by Company to use the e-forms;
(4) e-forms may be changed by Company and may be added to or withdrawn from the Site without prior notice to you;
(5) except for revisions made by Company or with Company’s express written permission, you may not make any alteration whatsoever to the e-forms and all copies of the e-forms shall include all indicia of AEC, Inc.’s ownership of the e-forms;
(6) no warranty is made as to the legal and/or regulatory compliance of any e-forms provided by Company. It is essential that you seek independent legal advice with respect to the legal compliance of dealership forms. THE AEC, INC. E-FORMS ARE PROVIDED ON AN “AS AVAILABLE BASIS” AND “AS-IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. AEC, INC. DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE LEGAL COMPLIANCE OF ANY FORMS/E- FORMS;
(6) you are solely responsible for installing and maintain computer systems, software and equipment required for e-form programing and downloads;
(7) the monthly license fee amount may be amended at any time from time to time by Company upon thirty (30) days’ prior notice, which notice may be posted on the Site. Renewal of the monthly license and continued use of the e-forms constitutes your acceptance of the change;
(10) upon the termination of your limited license to use the e-form(s), you shall immediately cease using any and all e-forms in your possession or to which you have access; and
(11) you shall contact AEC, Inc. immediately (in no case greater than 24 hours) to change your access password if an authorized representative who has knowledge thereof is terminated or his/her position changes to no longer necessitate such access.
AEC, Inc. and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks, or intellectual property of the Company. The Company's trademarks and intellectual property may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks, service marks, and logos used on this Site, with or without attribution, are the trademarks, service marks, or logos of their respective owners.
By using this Site and/or Services, you represent, warrant and agree that:
(1) you have authorization to use the Site and/or Services;
(2) you are the user assigned to use the User ID and password that is accessing the Site;
(4) you will comply at all times with all applicable federal, state, provincial and local laws, rules and regulations in your use of the Site and/or Services;
(5) you will not use this Site and/or Services to engage in conduct which is defamatory, libelous, threatening, harassing, improper, unlawful, or obscene;
(6) no materials of any kind submitted by you or otherwise posted or shared by you will violate or infringe upon our rights or the rights of any third party, including copyright, trademark, service mark, privacy, publicity or other intellectual property or personal or proprietary rights;
(7) you will not use the Services or the Site to intentionally damage, disable, modify, delete, overburden or impair the Site and/or applications thereon;
(8) you will not register for more than one User ID, register for a User ID on behalf of an individual other than yourself, register for a User ID on behalf of any group or entity if you are not an authorized representative for such purposes, or use or attempt to use another User’s ID, account, service or system without authorization;
(9) you have not and will not falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(10) you have all regulatory approvals, authorizations, licenses, permits and other permissions, consents and authorities whatsoever needed to use the Site and perform your obligations hereunder; and
(11) any information you provide through the use of this Site or in applications and/or documents submitted to us will be truthful and accurate.
You are solely responsible for (1) providing accurate, current and complete information about you as may be prompted by any application or registration forms on the Site; (2) maintaining the confidentiality and security of your User ID/access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Site and Services; and (3) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Site and Services (collectively “Access Information”). You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information. We reserve the right to require you to change your Access Information at our sole discretion and judgment.
Our email system is a private email system intended only for purposes authorized by us. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are solely responsible for all activities that occur under all electronic communications; it is assumed that any communications received through use of the Site and/or Services were sent or authorized by you. We reserve the right to take actions as may be necessary to prevent misuse of our email system by unauthorized parties.
AEC, Inc. may retain any information and communications submitted by you during your use of our Site and/or our Services ("Stored Data") for as long as your registration/account is active, or as needed to provide you products and services. If you wish to cancel your account or request that we no longer use your information to provide you access to the Site or Services, please contact us. We will retain and use your Stored Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Third Party Sites and Content
For your convenience, we may provide links to other Internet sites that the Company does not maintain (“Third Party Sites”) as well as information, content, products and/or services originating from or offered by third parties (the "Third Party Content"). You should not interpret any link to/from other sites as indicating that the Company sponsors or endorses the sites or their materials, or that the sites are affiliated with the Company in any manner. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through our Site or any Third Party Content posted on the Site. Any credit information, opinions, advice, statements, services, contracts, offers or other information that is posted on this Site that is expressed or made available by third parties are those of the respective authors or distributors and not of AEC, Inc. In addition, if you leave our Site and access Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site. AEC, INC. ASSUMES NO RESPONSIBILITY AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR ON ANY THIRD PARTY SITES. AEC, INC. HAS NOT AUTHORIZED ANY THIRD PARTIES TO ASSUME RESPONSIBILITY FOR OR MAKE ANY WARRANTIES OR REPRESENTATIONS ON BEHALF OF AEC, INC.
Our Rights upon Non-Payment or other Breach
Disclaimer of Warranties
You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks. AEC, Inc. does not warrant that this Site will be uninterrupted, error free or free from viruses, worms, Trojan horses or other destructive or harmful code or that defects in or on the Site will be corrected. Because user authentication on the Internet is difficult, AEC, Inc. also cannot and does not confirm any user’s purported identity.
THIS SITE AND ANY APPLICATIONS, INFORMATION, PRODUCTS, SERVICES, MATERIALS, SOFTWARE OR OTHER ITEMS OFFERED OR CONTAINED ON THIS SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AEC, INC. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES, MATERIALS, SOFTWARE OR OTHER ITEMS OFFERED OR MAINTAINED ON THE SITE.
Limitation of Liability
IN NO EVENT WILL AEC, INC., ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOST DATA ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF OR INABILITY TO USE THE SITE, THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE RELATED SERVICES, APPLICATIONS, MATERIALS OR INFORMATION IS TO STOP USING THE SITE AND/OR THOSE SERVICES, APPLICATIONS, MATERIALS OR INFORMATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE PRECEDING TWELVE (12) MONTHS; PROVIDED, HOWEVER THAT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction