1.1 Galpin Motors, Inc (“Dealer”, “we” or “us”) provides the Service and, if applicable, Hardware (each as defined below) to you through a mobile application and/or via other channels, subject to these Terms of Use (“Agreement”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1.2 We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new Agreement.
The “Service” includes (a) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing; (b) Dealer’s vehicle information and related services; and (c) any other specialty services offered to users [(b) and (c) are collectively referred to as the “Content”]. The “Hardware” means any optional hardware or equipment provided in connection with the Service. Any updates or new features added to or augmenting the Service or the Hardware are also subject to this Agreement; to keep the Software current, you agree that we may automatically provide you with such updates without your further consent or notice to you. NOTE THAT IN ORDER FOR THE HARDWARE TO FUNCTION PROPERLY, IT MUST BE PROPERLY INSTALLED IN YOUR VEHICLE. THE MOBILE DEVICE MUST HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE NEEDED.
3.1 Subject to the terms and conditions of this Agreement, you may access and use the Service and Hardware only for lawful purposes. You shall not use the Services or Hardware (and we will not be liable for your use of the Services and Hardware) in connection with cars of any make, model or year that we do not support. All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to Dealer. You shall not: (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service or the Hardware in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware or their components, (c) modify, adapt or hack the Service or the Hardware or otherwise attempt to gain unauthorized access to the Service, the Hardware or their related systems or networks, or (d) use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided through the Service or Hardware. You shall comply with any codes of conduct, policies or other notices Dealer provides you or publishes in connection with the Service and the Hardware, and you shall promptly notify Dealer if you learn of a security breach related to the Service. YOUR SAFETY IS IMPORTANT TO US. Do not use the Service in a way that distracts you and/or prevents you from obeying traffic or safety laws. you should wait until you can pull over safely and stop the car before accessing the service.
3.2 Any software that may be made available by Dealer in connection with the Service, such as Dealer’s mobile application and any software embedded on the Hardware (collectively, “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this Agreement, Dealer hereby grants you a personal, non-transferable, non-sub licensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (and in the case of Software embedded on the Hardware, you may only use such Software on the Hardware), provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Dealer for use in accessing the Service or other approved interface. The Dealer name and logos are trademarks and service marks of Dealer (collectively the “Dealer Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Dealer. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Dealer Trademarks displayed on the Services, without our prior written permission in each instance. Any rights not expressly granted herein by Dealer are reserved and no license or right to use any trademark of Dealer or any third party is granted to you in connection with the Service or Hardware. Software, Hardware and the transmission of applicable data, if any, is subject to United States export controls.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service or the Hardware (“Your Content”). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Dealer reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Service, you hereby do and shall grant Dealer a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. Dealer has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that Dealer may remove or disable Your Content or Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. For more information about our use of the data collected by the Hardware and through the Service, please see our Privacy Policy.
3.4 Dealer uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AND HARDWARE AND SHARING INFORMATION AT YOUR OWN RISK.
3.5 The Service includes certain services that are available via a mobile device, including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Dealer and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Dealer account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Dealer account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages which may not be delivered or may be sent to the person that acquires your old number.
3.6 You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
3.7 The failure of Dealer to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right. You acknowledge that this Agreement is a contract between you and Dealer, even though it is electronic and is not physically signed by you and Dealer, and it governs your use of the Service and Hardware and takes the place of any prior agreements between you and Dealer related to the subject matter herein.
To the extent the Service, Hardware or any portion thereof is made available for any fee, you may be required to select a payment plan or make a payment and provide Dealer information regarding your credit card or other payment instrument. You represent and warrant to Dealer that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Dealer the amount that is specified in the payment plan in accordance with the terms of such plan and this Agreement. If your payment plan involves subscription payments, you hereby authorize Dealer to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Dealer know within sixty (60) days after the date that Dealer charges you. Dealer reserves the right to change prices upon written notice to you.
You represent and warrant to Dealer that: (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in data collection using the Hardware, posting and other activities (and allow Dealer to perform its obligations) in connection with the Service and Hardware without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service and Dealer’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
Dealer reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service for any reason, including if Dealer believes that you have violated this Agreement. Dealer shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. All of Your Content on the Service (if any) may be permanently deleted by Dealer, in its sole discretion, upon any termination of your account. If Dealer terminates your account without cause and you have signed up for a fee-bearing service, Dealer will refund the pro-rated, unearned portion of any amount that you have prepaid to Dealer for such Service.
DEALER MAKES NO WARRANTY THAT (I) THE SERVICE OR HARDWARE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR HARDWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, (III) THE RESULTS (SUCH AS VEHICLE ERROR CODE ANALYSIS) THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR HARDWARE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM DEALER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE. DEALER DOES NOT GUARANTEE THAT THE SERVICE OR THE HARDWARE IS AVAILABLE OR APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES AND SHALL NOT BE LIABLE FOR ANY USE OUTSIDE OF THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL DEALER OR ANY THRID PARTY SUPPLIERS OR LICENSORS ACTING ON BEHALF OF DEALER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, (B) ANY INJURIES TO PERSONS OR DAMAGE TO PROPERTY RELATED TO YOUR USE OF THE SERVICE OR HARDWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE HARDWARE, OR (C) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO SERVICE FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
8.2 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, DEALER’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You shall defend, indemnify, and hold harmless Dealer and all third party suppliers or licensors acting on Dealer’s behalf from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of Your Content, or your access, contribution to, use or misuse of the Service or Hardware. Dealer shall provide notice to you of any such claim, suit or demand. Dealer reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Dealer’s defense of such matter.
You may not assign this Agreement without the prior written consent of Dealer, but Dealer may assign or transfer this Agreement, in whole or in part, without restriction.
This Agreement shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. You and we each agree to resolve any disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, Dealer will pay reasonable attorneys’ fees should you prevail. Dealer will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
12.1 Arbitration Agreement: We and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
References to “Dealer”, “we”, and “us” include us and any third party licensors and suppliers acting on our behalf and our and their respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns and references to “you” includes all authorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Dealer are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Dealer should be sent to the address located in Section 16 of this Agreement (“Notice Address”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Dealer and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Dealer may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Dealer or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Dealer is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Dealer and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Dealer will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND DEALER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dealer agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
12.2 Notwithstanding any provision in this Agreement to the contrary, you agree that if Dealer makes any future change to this arbitration provision (other than a change to an address or phone number) while you are a user of the Service or Hardware, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided herein. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Please read the Privacy Policy to understand how Dealer collects and uses personal information. By using the Service or the Hardware, you consent to our collection and use of personal data as outlined therein.
Under California Civil Code Section 1789.3, users of the Hardware from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
No Dealer employee, agent or reseller is authorized to make any verbal or written modification, extension or addition to this Agreement, and Dealer expressly disclaims any such change. If any portion of this Agreement is found to be void or unenforceable, its remaining provisions shall remain in full force and effect.
You may contact us at Galpin Motors, Inc, (“Notice Address”).
THIS LIMITED WARRANTY IS SUBJECT TO THE TERMS OF USE FOR SERVICES WHICH ARE INCORPORATED IN FULL BY THIS REFERENCE. TO THE EXTENT THE TERMS OF THIS LIMITED WARRANTY CONFLICT WITH THE TERMS OF USE FOR SERVICES, THE TERMS OF THIS LIMITED WARRANTY WILL CONTROL ONLY WITH RESPECT TO THE SUBJECT MATTER HEREIN.
This limited warranty is provided by Savy Driver (“Warrantor”) to you as a purchaser of the Savy OBDII Reader (“Hardware”). New Hardware provided by Warrantor is warranted to be free from defects in materials or workmanship under normal use for five (5) years from the date of purchase by the original purchaser (“Warranty Period”). Within the Warranty Period, Warrantor will, at its sole option, and as Warrantor’s sole liability and your exclusive remedy: (i) repair the Hardware with new or refurbished parts or (ii) replace the Hardware with reasonably available equivalent new or refurbished Hardware. Such repairs or replacement will be made at no charge to you for parts or labor, provided that you shall be responsible for any shipping and handling costs for your returns as described below. All Hardware and parts that are replaced become the property of Warrantor. This limited warranty extends only to Hardware purchased from Warrantor or its authorized representative and only to the original purchaser. Any repair or replacement of the Hardware will not extend the duration of this warranty.
This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) casings, non-electrical physical parts or mechanical components, the device’s wiring harness or consumable parts, such as batteries; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of Warrantor; (v) damage to Hardware that has been modified or altered without the written permission of Warrantor; or (vi) Hardware that has not been installed, operated, or maintained in accordance with instructions supplied by Warrantor. In addition, Warrantor reserves the right to refuse warranty claims for Hardware that is obtained and/or used in contravention of applicable laws.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE AND SERVICES PROVIDED BY OR THROUGH WARRANTOR WITH THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE OR OTHERWISE DOWNLOADABLE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, Warrantor does not warrant that the operation of the Hardware, software or service will be uninterrupted or error free. Also, Warrantor does not warrant that the Hardware, software or service, or any equipment, system or network on which the Hardware, software or service are used will be free of vulnerability to intrusion or attack.
This limited warranty does not guarantee any continued availability of any third party’s service on which the Hardware’s use or operation may depend.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, ARE DISCLAIMED.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WARRANTOR OR ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, ANY DATA ERASED BY WARRANTOR IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF HARDWARE), LOST REVENUE OR PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, WARRANTIES, SOFTWARE OR SERVICES, DAMAGE TO THE VEHICLE TO WHICH YOU CONNECT THE HARDWARE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT OF SUCH HARDWARE, SOFTWARE OR SERVICE, EVEN IF WARRANTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE HARDWARE IS EXCLUSIVELY FOR USE WITHIN THE U.S., AND WARRANTOR AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS SHALL NOT BE LIABLE FOR ANY USE OUTSIDE OF THE U.S. IN NO EVENT WILL WARRANTOR’S OR ITS SUPPLIER’S, DISTRIBUTOR’S OR LICENSOR’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED UNDER THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
No Warrantor employee, distributor, agent or reseller is authorized to make any verbal or written modification, extension or addition to this limited warranty, and Warrantor expressly disclaims any such change to this limited warranty. If any portion of this limited warranty is found to be void or unenforceable, its remaining provisions shall remain in full force and effect.
How to Submit a Warranty Claim
To obtain warranty service, contact us at [email protected] and we will provide instructions on submitting your claim. You will be responsible for securely packaging the Hardware and including the requested information, such as account verification information. You are also responsible for all shipping and handling charges, in addition to any other associated taxes or charges when returning the Hardware. Hardware for which Warrantor cannot reproduce the claimed defect or for which your purchase cannot be verified may be rejected.
BY DOWNLOADING AND USING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS PRIVACY STATEMENT. THIS PRIVACY STATEMENT IS SUBJECT TO THE TERMS OF USE FOR SERVICES WHICH ARE INCORPORATED IN FULL BY THIS REFERENCE. TO THE EXTENT THE TERMS OF THIS PRIVACY STATEMENT CONFLICT WITH THE TERMS OF USE FOR SERVICES, THE TERMS OF THIS PRIVACY STATEMENT WILL CONTROL ONLY WITH RESPECT TO THE SUBJECT MATTER HEREIN.
The mobile application and other software services (collectively, "Services") are provided by Galpin Motors, Inc ("Dealer") and any third party service providers, including but not limited to Dealer Communications, LLC., that make this application and services available to Dealer and Dealer’s Customers. You agree that your use of the Service facilitates the delivery and communication of Dealer’s automobile service information via your mobile device(s). The Privacy Statement may be amended, canceled, or modified at the sole discretion of Dealer and your continued use of the Services shall represent your consent to the amended, canceled, or modified terms. If we amend the Privacy Statement, the revision date will be updated.
This Policy explains how we use that information, whether we disclose the information provided to us to others and the options you have regarding the use of and correction of that information. This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries) or information collected by any third party through any application or content (including advertising) that may link to or be accessible from or on the Website.
We collect several types of information from and about users of our Website, including information by which you or your organization may be personally identified and which is defined as personal or personally identifiable information under an applicable law (“personal information”). In general, we collect two groups of personal information. For those users that are simply browsing our Website and have not registered for and are not using the services we provide, the only personal information we collect is your name and email address in the event you provide that information to us via a contact form on our Website. For users that have registered for and are using the services offered via our website, due to the nature of the services (e.g., tracking Internet of Things “IoT” devices), we may also collect the following types of information for a device:
As you navigate through and interact with our Website, we (or a third party designated by us) may also use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
The information we (or a third party designated by us) collect automatically from the Website is statistical data and does not include personal information. It is stored and used for aggregate research, promotional purposes and for future site development to better understand your needs and improve our products and services, to improve our Website and to deliver better and more personalized service, including by enabling us to:
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features on the Website, including your name, address, telephone number, email address, or username. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]
The technologies we (or a third party designated by us) use for the automatic data collection described above may include cookies, flash cookies, or web beacons. Our cookies do not contain any personal information about you, so only we will be able to use the cookies to determine your identity. While you may refuse to accept browser cookies by activating the appropriate setting on your browser, please be aware that if you select this setting you may be unable to utilize the functionalities of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Some content or applications, including advertisements and other features and functions, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We have a firm commitment to protecting your privacy and security as our customer. We use firewalls to prevent access to information in our system and use Transport Layer Security (“TLS”) or an equivalent to encrypt your personal information and protect it from disclosure, destruction, modification, or use. Please be aware that the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
We process personal information for certain legitimate business purposes and may use information that we collect about you or that you provide to us, including any personal information:
We may disclose aggregated, non-personal information about our users without restriction. We may disclose personal information that we collect, or you provide as described in this privacy policy:
We may also use your information, including your name and email address, for direct marketing emails to you and to contact you about goods and services that may be of interest to you, as we consider ourselves to have a legitimate interest in doing so. For more information, see the section titled “How Do We Use and Protect the Information We Collect” above. We make sure to consider and balance any potential impact on you and your rights before we process your personal data for our legitimate interests and do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to do so by law). Note that we may process your personal information for more than one lawful ground depending upon the specific purpose for which we are using the data. We will retain your personal data for only as long as necessary to fulfill the purposes we collected it for.
The Site may contain links to other sites. We are not responsible for the privacy practices of such other sites. We encourage our users to be aware when leaving the Website to read the privacy statements of each site that collects personal information.
California residents may have additional rights under the California Consumer Privacy Act of 2018 (the “CCPA”). For specific details of our compliance with the CCPA, please see our Privacy Notice for California Residents at California Privacy Policy.
Under certain circumstances, you may have rights under data protection laws in relation to your personal data, including the right to:
If you wish to exercise any of your rights listed above, please contact us at [email protected] your request. We try to respond to all legitimate requests in a timely manner. Occasionally, it may take an extended period of time (a month or longer) to respond to your request if your request is complex or if you have several requests.
We may amend this Policy from time-to-time. We suggest you visit this Website periodically to determine whether any such changes have been made. Any changes or updates to the Policy are effective immediately upon posting to the Website and your continued use of the Website after we make changes is deemed to be acceptance of those changes. The date the privacy policy was last revised is identified at the bottom of this page.
If you have questions or comments or would like to contact us concerning our Privacy Policy or if you feel your inquiry or request has not been handled to your satisfaction, please contact Aytomic Technology, LLC via e-mail at: [email protected]
Last Reviewed on: September 08, 2020