Effective Date: 03/18/2021
IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY
This End-User License Agreement (hereinafter, “Agreement”) creates a legally binding Agreement between you, as an end user of our software & services (hereinafter, “End User”), and the following company: LaGrange Solutions Inc. dba Auto1 Source (hereinafter, “Company”). You will be referred to through second-person pronouns such as “your” and “yours.” We, the Company, will be referred to with pronouns such as “us,” “our,” and “ours.” Collectively, you and the Company may be referred to as the “Parties” and individually as “Party.”
This license governs the use of all of our software products, phone applications & internet products (hereinafter, “Software or Program Software”). By accessing, downloading, installing, or otherwise using our Software in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of our Software immediately.
SOFTWARE LICENSE: When you lawfully access our Software, through means we grant you, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable license to use our Software (“License”). This License extends to the use of documentation, data, or information developed by the Company, and other materials which may assist in your use of our Software. This License may not be transferred to any third parties without express, lawful, written permission from the Company and this License terminates upon your cessation of use of our Software.
This License shall be applicable to all lawful End Users of our Software, unless a separate written agreement has been executed between you and the Company.
LICENSE: The License is provided at no additional cost in conjunction with the free nature of our Software. No fees are collected from End Users.
INTELLECTUAL PROPERTY: You agree that our Software, Company website and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
ACCEPTABLE USE: You agree not to use our Software for any unlawful purpose or any purpose prohibited under this clause. You agree not to use our Software in any way that could damage the Company website, services, or general business of the Company.
You further agree not to use our Software:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble our Software or any code within or related to our Software or the Company website;
b) Violate the security of our Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
c) Copy or otherwise distribute copies of our Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.
MAINTENANCE: This License includes our Software maintenance and support. Please contact the Company for assistance.
INDEMNIFICATION: You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of our Software, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
SPAM POLICY: You are strictly prohibited from using our Software or any of the Company’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
SERVICE INTERRUPTIONS: The Company may need to interrupt access to our Software to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to our Software may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
NO WARRANTIES: You agree that your use of our Software is at your sole and exclusive risk and that our Software is provided on “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that our Software will meet your needs or that access to our Software will be uninterrupted or error-free. The Company also makes no warranties as to the reliability or accuracy of any information contained within our Software. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of our Software is your sole responsibility and that the Company is not liable for any such damage or loss.
LIMITATION ON LIABILITY: The Company is not liable for any damages that may occur to you as a result of your use of our Software, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
DISPUTE RESOLUTION & GOVERNING LAW: All disputes will be resolved as provided for in the Terms & Conditions or Terms of Service. Should Company not have a live version of any Terms document or any other provisions in any user-facing document covering dispute resolution and governing law, the laws of Florida shall govern any matter or dispute relating to or arising from this EULA or the Company’s relationship with End User.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following email address: email@example.com
Article 1 – DEFINITIONS:
Data Controller: Bao Dinh
Data Protection Officer: William P. Tyson
You: The end user of our program software and services.
Hereinafter, the parties will individually be referred to as “Party” and collectively as “Parties.”
d) DATA CONTROLLER & PROTECTION OFFICER: Data Protection Officer is the publisher and owner of our Program Software and is the Party responsible for the data protection. The Data Controller is the operator, data processor and collector of data information described herein. Data Controller shall be referred to either by Data Controller’s name or “Data Controller,” as listed above. Data Controller shall be referred to through first-person pronouns, it shall be through the use of the following: us, we, our, ours, etc.
f) GOODS: “Goods” means any goods that we make available through marketing or for sale from use of our Program Software.
g) SERVICES: “Services” means any services that we make available through marketing or for sale from use of our Program Software.
h) PERSONAL DATA: “Personal DATA” means personal data and information that we obtain from you in connection with your use of our Program Software and its goods and services that is capable of identifying you, your repair facility, employees, technicians and your customers.
Article 2 – GENERAL INFORMATION:
Article 3 – CONTACT INFORMATION FOR DATA PROTECTION OFFICER AND DATA CONTROLLER:
The Parties responsible for the processing of personal data is as follows: Bao Dinh. The Data Controller may be contacted as follows: firstname.lastname@example.org
The Data Controller and operator of our Program Software are one and the same.
The Data Protection Officer is as follows: William P. Tyson, President. The Data Protection Officer may be contacted as follows: email@example.com
Article 4 – LOCATION:
Please be advised the data processing activities take place in the United States, outside the European Economic Area. Data may also be transferred to companies within the United States, but will only be done so in a manner that complies with the EU’s General Data Protection Regulation or GDPR. The location where the data processing activities take place is as follows:
3031 Fortune Way
Wellington, Fl 33414
Article 5 – MODIFICATIONS AND REVISIONS:
Article 6 – PERSONAL DATA WE RECEIVE FROM YOU:
When you use our program software products, mobile phone applications, internet & marketing products, you will be subject to different types of Personal & Repair Facility Data collected with both passive and active collection processes:
a) Registered users: You, as user of our program software and its goods & services, will be asked to register in order to use our program software or to purchase the goods and services available for sale or for continued use of our program software. During the process of your registration, we will collect Personal Data from you through your voluntary disclosure for use of our program software plus our goods and services offered:
Personal Data may be asked from you in relation but not limited to:
I) Interaction with our representatives in any way.
II) making purchases or getting related marketing services.
III) receiving notifications by text message or email about marketing.
IV) receiving general or marketing emails from us.
V) commenting on our content or other user-generated content on our Program Software, such as blogs, articles, photographs or videos, or participating in our forums, bulletin boards, chat rooms or other features of our Program Software.
b) Unregistered users: If you or your customers are an unregistered user of our Program Software and its services and have not registered for our marketing services or any purchases or other services we provide, then you may still be subject to certain passive and active data collection. Data collection may include through cookies, IP address information, location information, and certain browser data, such as history and/or Program Software interaction data information collected as described below.
c) All users: The Passive and Active Data Collection that applies to unregistered users shall also apply to all other users and/or visitors of our Program software, goods and services we provide or offer.
d) Sales & Billing Information: In order to purchase any of the goods or services our Program Software offers, you will be asked to provide credit card information, billing address information, and possibly additional specific information so that you may be properly charged for your purchases and any reoccurring charges. This payment and billing information will be stored and used exclusively to assist you with making future authorized purchases and any automated reoccurring charges with us. This credit card information will not be shared.
f) Marketing: You and your customers may be asked to provide certain Personal Data, such as your name, address, phone numbers, email, vehicle information, vehicle repair, parts, labor and maintenance data history for the purpose of receiving marketing communications for goods and services. This information will only be obtained through voluntary disclosure and you will be asked to affirmatively opt-in to these marketing communications.
h) Content Interaction: Our Program Software and Services may allow you to use and/or comment on the content that we provide or the content that other users provide, such as blogs, marketing, multimedia, or forum posts. If so, we may collect some Personal Data from you at that time, such as, but not limited to, username or email address.
j) Customer Information: We will collect your customers personal information from your data entries to our program software when customer comes to your repair facility for goods or services. We can then allow the customers to opt-in to share their personal information with your repair facility or a business of their choice for the specific use of marketing automotive goods and services. Each marketing instance is individual with an opt-in prompt. The collected and/or supplied customer information to us can include but not limited to: name, address, phone numbers, email address, vehicle detail information, parts & repair labor data and the maintenance history. We will also collect information on services that were performed and/or deferred at time of a visit. We can then send out marketing offers to customer for goods and services through phone applications, email or other means we may utilize for our marketing to the customer.
k) Parts Information: We collect and store through our program software parts information that associates parts and the vehicle applications they fit or supposed to fit but do not. We collect part numbers, descriptions, cost, manufactures and aftermarket part list pricing, rate of defects, durability of parts, sale prices and where parts were purchased from. Time for part deliveries, shipping costs, defect returns, credits or other parts related information as required. We also collect if you added parts to our Software Parts/Labor listings not already available through program software so that we can keep software updated with correct information.
L) Labor Information: We collect and store labor information through our program software for repair facilities posted labor rates and rates charged for services performed. Labor rate listings and descriptions not listed in labor guide. Durability of labor performed. We may also collect other labor information such as but not limited to discounted jobs performed.
m) Repair Facility Information: Information we gather and share with repair facility owner’s approval for credit card processing charges and to receive specific offers such as but not limited to for processing part searches. We may also share repair facilities information such as location, phone numbers and services provided to their customers for marketing purposes. Information we gather but do not share is sales tax information to allow for paying for sales taxes through o program software. We also gather but do not share banking information to facilitate select transactions.
N) Technician information: We allow technicians to share their personally identifiable information for our marketing efforts for their training and professional development. The technician must engage in sharing with a conspicuous opt-in prompt. Information shared includes but not limited to; Name, address, phone numbers, email, ASE or other related certifications, assessed skill level, jobs performed and job defective rate.
Article 7 – THE PERSONAL DATA WE RECEIVE AUTOMATICALLY:
Cookies: We may collect information from you and your customers through automatic tracking systems (such as information about your browsing preferences) as well as through information that you volunteer to us (such as information that you provide during a registration process or at other times while using our Program Software and marketing services, as described above).
Technical cookies: Technical cookies, which can also sometimes be called HTML cookies, are used for navigation and to facilitate your access to and use of our Program Software. They are necessary for the transmission of communications on the network or to supply services requested by you. The use of technical cookies allows the safe and efficient use of the site.
You can manage or request the general deactivation or cancelation of cookies through your browser. If you do this though, please be advised this action might slow down or prevent access to some parts of our Program Software.
Cookies may also be retransmitted by an analytics or statistics provider to collect aggregated information on the number of users and how they visit our program software. These are also considered technical cookies when they operate as described.
Temporary session cookies are deleted automatically at the end of the browsing session – these are mostly used to identify you and ensure that you don’t have to log in each time – whereas permanent cookies remain active longer than just one particular session.
Third-party cookies: We may also utilize third-party cookies, which are cookies sent by a third-party to your computer. Permanent cookies are often third-party cookies. The majority of third-party cookies consist of tracking cookies used to identify online behavior, understand interests and then customize advertising for users.
Third-party analytical cookies may also be installed. They are sent from the domains of the aforementioned third parties external to the site. Third-party analytical cookies are used to detect information on user behavior on our Program Software. This place anonymously, in order to monitor the performance and improve the usability of o Program Software. Third-party profiling cookies are used to create profiles relating to users, in order to propose advertising in line with the choices expressed by the users themselves.
Profiling cookies: We may also use profiling cookies, which are those that create profiles related to the user and are used in order to send advertising to the user’s browser. When these types of cookies are used, we will receive your explicit consent.
Support in configuring your browser: You can manage cookies through the settings of your browser on your device. However, deleting cookies from your browser may remove the preferences you have set for this Program Software. For further information and most current web browser support, you can also visit the specific help page of the web browser you are using. Below are some suggestions for some common web browsers.
– Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
– Firefox: https://support.mozilla.org/en-us/kb/enable-and-disable-cookies-website-preferences
– Safari: http://www.apple.com/legal/privacy/
– Chrome: https://support.google.com/accounts/answer/61416?hl=en
– Opera: http://www.opera.com/help/tutorials/security/cookies/
Log Data: Like all websites and mobile phone applications, this Website also makes use of log files that store automatic information collected during user visits. The different types of log data could be as follows:
– internet protocol (IP) address;
– type of browser and device parameters used to connect to the Website;
– name of the Internet Service Provider (ISP);
– date and time of visit;
– web page of origin of the user (referral) and exit;
– possibly the number of clicks.
The aforementioned information is processed in an automated form and collected in an exclusively aggregated manner in order to verify the correct functioning of the site, and for security reasons. This information will be processed according to the legitimate interests of the Data Controller.
For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may also possibly include Personal Data such as IP address, which could be used, in accordance with applicable laws, in order to block attempts at damage to our Program Software or damage to other users, or in the case of harmful activities or crime. Such data are never used for the identification or profiling of the user, but only for the protection of our Program Software and our users. Such information will be treated according to the legitimate interests of the Data Controller.
Article 8 – THIRD PARTIES:
We may utilize third-party service providers (“Third-Party Service Providers”), from time to time or all the time, to help us with our program software services, and to help serve you.
We may use Third-Party Service Providers to assist with information storage (such as cloud storage).
We may provide some of your Personal Data to Third-Party Service Providers in order to help us track usage data, such as referral websites, dates and times of page requests, etc. We use this information to understand patterns of usage of, and to improve, our Program Software.
We may use Third-Party Service Providers to host the Website. In this instance, the Third-Party Service Provider will have access to your Personal Data.
We may use Third-Party Service Providers to fulfill orders in relation to our Program Software or its services provided.
In general, you may request that we do not share your Personal Data with third parties. Please contact us via email, if so. Please be advised that you may lose access to certain services that we rely on third-party providers for.
Article 9 – HOW PERSONAL DATA IS STORED:
We use secure physical and digital systems to store Personal Data when appropriate. We ensure that Personal Data is protected against unauthorized access, disclosure, or destruction.
Please note, however, that no system involving the transmission of information via the internet, or the electronic storage of data, is completely secure. However, we take the protection and storage of your Personal Data very seriously. We take all reasonable steps to protect your Personal Data.
Personal Data is stored throughout your relationship with us. We delete your Personal Data upon request for cancelation of your account or other general request for the deletion of data.
In the event of a breach of your Personal Data, you will be notified in a reasonable time frame, but in no event later than two weeks, and we will follow all applicable laws regarding such breach.
Article 10 – PURPOSES OF PROCESSING OF PERSONAL DATA:
We primarily use your Personal Data to help us provide a better experience for you on our Program Software and to provide you the services and/or information you may have requested, such as use of our Program Software or its services.
Information that does not identify you personally, but that may assist in providing us broad overviews of our customer base, will be used for market research or marketing efforts. Such information may include, but is not limited to, interests based on your cookies.
Personal Data that may be considering identifying may be used for the following:
a) Improving your personal user experience
b) Communicating with you about your user account with us
c) Marketing and advertising to you, including via email
d) Fulfilling your purchases
e) Providing customer service to you
f) Advising you about updates to our Program Software or related Items
Article 11 – DISCLOSURE OF PERSONAL DATA:
Although our policy is to maintain the privacy of your Personal Data as described herein, we may disclose your Personal Data if we believe that it is reasonable to do so in certain cases, in our sole and exclusive discretion. Such cases may include, but are not limited to:
a) To satisfy any local, state, or Federal laws or regulations
b) To respond to requests, such discovery, criminal, civil, or administrative process, subpoenas, court orders, or writs from law enforcement or other governmental or legal bodies
d) As may be necessary for the operation of our Program Software
e) To generally cooperate with any lawful investigation about our users
f) If we suspect any fraudulent activity on our Program Software
Sortware or if we have noticed any activity which may violate our terms or other applicable rules
Article 12 – PUBLIC INFORMATION:
We may allow users to post their own content or information publicly on our Program Software site. Such content or information may include, but is not limited to, photographs, status updates, blogs, articles, or other personal snippets. Please be aware that any such information or content that you may post should be considered entirely public and that we do not purport to maintain the privacy of such public information.
Article 13 – OPTING OUT OF TRANSMITTALS FROM US:
From time to time, we may send you informational or marketing communications related to our Program Software or services such as announcements or other information. If you wish to opt-out of such communications and you may contact the following email: firstname.lastname@example.org. You may also click the opt-out link if provided at the bottom of any and all such communications.
Please be advised that even though you may opt-out of such communications, you may still receive information from us that is specifically about your continued use of our Program Software or about your account with us.
By providing any Personal Data to us, or by using our Program Software in any manner, you have created a commercial relationship with us. As such, you agree that any email sent from us or third-party affiliates, even unsolicited email, shall specifically not be considered SPAM, as that term is legally defined.
Article 14 – MODIFYING, DELETING, AND ACCESSING YOUR INFORMATION:
If you wish to modify or delete any information, we may have about you, or you wish to simply access any information we have about you, you may do so from your account settings page.
Article 15 – ACCEPTANCE OF RISK:
Article 16 – YOUR RIGHTS:
You have many rights in relation to your Personal Data. Specifically, your rights are as follows:
– the right to be informed about the processing of your Personal Data
– the right to have access to your Personal Data
– the right to update and/or correct your Personal Data
– the right to portability of your Personal Data
– the right to oppose or limit the processing of your Personal Data
– the right to request that we stop processing and delete your Personal Data
– the right to block any Personal Data processing in violation of any applicable law
– the right to launch a complaint with the Federal Trade Commission (FTC) in the United States or applicable data protection authority in another jurisdiction
Article 17 – CONTACT INFORMATION: