Terms of Service

emenus Automotive, LLC
2323 Hwy. 190 East Suite #3

Hammond, LA 70401

985-340-8162

 

 

emenus Automotive, LLC End User License Agreement and Terms of Service

 

IMPORTANT - READ THESE TERMS CAREFULY BEFORE ACCESSING THE SOFTWARE (DEFINED BELOW). BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU ACKNOWELDGE THAT:

 

1. YOU HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT;

2. YOU ARE AUTHORIZED TO ACCEPT IT; AND,

3. YOU AGREE TO ITS TERMS. THE SOFTWARE WILL NOT OPERATE UNLESS YOU HAVE CONFIRMED YOUR ACCEPTANCE OF THESE TERMS BY CLICKING THE "I ACCEPT" BUTTON BELOW AND DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

 

ACCEPTANCE OF TERMS

 

emenus Automotive welcomes you. emenus Automotive provides its product and service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS as any time at: www.emenuAutomotives.com/TOS.htm. In addition, when using particular emenus Automotive, owned or operated services, you and emenus Automotive, shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules including but not limited to our Spam Policy: (www.emenuAutomotives.com/spampolicy.htm) are hereby incorporated by reference into the TOS. emenus Automotive may also offer other services that are governed by different Terms of Service.

 

 

DESCRIPTION OF SERVICE

 

emenus Automotive provides users with access to a collection of resources, including various emenus search services, communications tools, forums, personalized content and branded programming through a total "Turn-Key" solution to effectively optimizing the auto industry Fixed Operations Department. This solution may be accessed through any various medium or device now known or hereafter developed (the "Service").

 

 

DESCRIPTION OF PRIMARY PRODUCT

 

Our emenus Automotive system operates as a model specific Search Engine & Service Package Advisory Tool that recommends factory and dealer plus service options including required parts and associated labor hours necessary to fulfill a maintenance or repair request. This is your ‘Turn-Key' solution for effectively optimizing your Fixed Operations Department.

 

The SERVICE Package includes, subject to the provisions of paragraph 13, below:

 

  • A customized my.emenusAutomotive.com dealer account
  • User training and support for our www.emenusAutomotive.com system
  • Installation of your dealer industry Op Codes - (remote access required)
  • Consulting for your parts department to maximize gross profits
  • Custom worksheets to package your dealers services
  • Development of marketing service menus
  • On demand PDF printing of our emenus
  • Web-based training for your fixed operations and sales personnel
  • Customized reports for Fixed Operations Analysis

 

You also understand and agree that the Service may include advertisements and that these advertisements are necessary for emenus Automotive, to provide the Service. You also understand and agree that the Service may include certain communications from emenus Automotive such as service announcements, administrative messages and the emenus Automotive Newsletter and that these communications are considered part of emenus Automotive membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new emenus Automotive properties, shall be subject to the TOS.

 

You understand and agree that the Service is provided "AS-IS" and that emenus Automotive assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

CONNECTIVITY NOT INCUDED

 

You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

 

This is a legal agreement (the "License Agreement" or "TOS") between "you", the authorized end user, ("Licensee") and emenus Automotive, LLC. The emenus Automotive application consisting of the software applications, including but not limited to, programs, modules, online help, online manuals, printed manuals, training materials and other materials (all, collectively, "Software") and the emenus Automotive Fixed Ops Service Package which includes the services and products described below are licensed by emenus Automotive to Licensee, the original customer, for use only according to the terms herein. The term "one copy" when referring to the software as used herein refers to one online access account or installation of the software at one dealership location and the products and services listed above.

 

GRANT OF LICENSE

 

In consideration of the standard payment of a one-time installation fee for each dealer location of $2,995, referred to herein as a "per dealer subscription installation fee," and the payment of a monthly " website user license fee" of $495, payable one month in advance until such time this agreement is terminated by emenus Automotive, LLC according to the termination terms outlined in this agreement; or a through a written Unsubscribe Request submitted by the Licensee with a 90 day termination notice applied. A $1500 deposit on the installation fee is due upon signing of the contract with the remainder of the installation fee and first month's website user license fee due upon completion of the client's online account setup just prior to account activation.

 

All licensee rates and terms limits are standard accept where written and agreed upon in an addendum contract. emenus Automotive, LLC. grants to Licensee ("Licensee") the non-exclusive right to use the Software, subject to Licensee's agreement to abide by all terms stated herein, including, but not limited to, all three of the following conditions:

 

1) The Software may only be accessed through the following: a computer or series of computers at a single dealership ‘site' whose functions with regard to the Software, are restricted to a single Dealer's Operating Systems Service login; and

2) The number of Users of the Software may not exceed the number of paid Fixed Operation Personnel at the single dealer location identified in this agreement. If the License is subject to a Subscription, the License (i) extends only to the components of the Software that are covered by the Subscription and (ii) terminates when the Subscription ends.

 

In the event Licensee does not pay the website user license fee on or before the fifteenth day of each month in which it is due, emenus Automotive, LLC will terminate all online application log-in access without further notice to Licensee until all payments in arrears have been made.

 

A site ("Site") is one dealer location or more than one physical address as long as such multiple addresses all remain connected by the same single Local Area Network and Dealer's Operating Systems Service Log-in for this single dealership.

 

A database ("Database") is defined as a file of records created by the Software during installation or through a Software utility, which is used exclusively to support the capabilities of the Software.

 

A user ("User") is defined as one person operating a computer that has activated the Software such that its processes have been initiated and information is accessible and capable of being created.

 

The Software may be available as different service releases, editions, and versions, all of which shall be considered one product under this License Agreement. All provisions of this License Agreement are applicable to all service releases, editions, and versions.

 

 

LIMITED WARRANTY

 

emenus Automotive warrants for 60 calendar days ("Warranty Period") following online account profile setup and user access of the initial Software activation or if delivery cannot be determined, then purchase date of the initial Software shall be used, that:

 

1) the Software will perform substantially the functions described in the documentation provided by emenus Automotive; and

 

2) the media on which the Software is furnished (e.g. CD-ROM) will be free from defects in materials and workmanship under normal use (the "Warranty").

 

During the Warranty Period, emenus Automotive will undertake any or all of the following within a reasonable time, upon notification from Licensee:

 

1) correct any reported failure of the Software to perform substantially the functions described in the documentation ("Software Error");

 

2) correct errors in the documentation; and

 

3) replace any media which prove defective in materials or workmanship on an exchange basis. Corrections will either be available via online application upgrade, a separate download or sent by mail to the person and address registered with emenus Automotive without charge.

 

In order to make a claim under this Warranty, Licensee must provide a brief written description of the Software Error or error in the documentation, together with Licensee's proof of purchase, to emenus Automotive, postage prepaid, such that it is received by emenus Automotive within 10 calendar days after the last day of the Warranty Period.

 

If emenus Automotive is unable to correct the Software Error, correct the documentation, or replace the defective media within a reasonable time, emenus Automotive will, at its sole and exclusive option, either replace the Software with a functionally equivalent program at no charge to Licensee, or refund the OTLF or Subscription fees paid (up to a maximum of 12 months of such fees) for the Software, as the case may be.

 

The Warranty is not applicable if there is any evidence of an attempt to decompile, reverse engineer, modify, develop derivative products from, or otherwise violate the License Agreement. emenus Automotive does not warrant any time that the Software will meet Licensee's requirements, that operation of the Software will be uninterrupted or error-free, or that all Software Errors will be corrected.

 

emenus Automotive is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems or for problems in the interaction of the Software with non-emenus Automotive software. emenus Automotive will have no responsibility to replace or refund amounts paid for documentation, materials, or media damaged by accident, abuse, or misapplication.

 

NO ORAL OR WRITTEN INFORMATION OR TECHNICAL ADVICE OR ASSISTANCE GIVEN BY EMENUS AUTOMOTIVE OR A EMENUS AUTOMOTIVE REPRESENTATIVE SHALL CREATE WARRANTY, ADDITIONAL LIABILITY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. EXCEPT FOR THE WARRANTY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES. EMENUS AUTOMOTIVE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY OF USE IN ANY TRADE OR PROFESSION, WITH RESPECT TO THE SOFTWARE.

 

TECHNICAL SUPPORT

 

emenus Automotive may, at its sole option, make available to you and the Licensee technical support ("Technical Support") for error diagnosis purposes by way of:

(1) remote access into any of the User's computer and/or networks; (2) telephonic support; (3) email and/or fax; and/or (4) review of data provided by Licensee. Technical Support is provided "AS IS" without any representations and/or warranties of any kind.

 

YOUR REGISTRATION OBLIGATIONS

 

In consideration of your use of the Service, you represent that you are authorized and have the authority to bind the Licensee to the obligations set forth in this Agreement and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or emenus Automotive has reasonable grounds to suspect that such information is untrue, not current or incomplete, emenus Automotive has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof, without further notice to you.

 

EMENUS AUTOMOTIVE PRIVACY POLICY

 

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.emenusAutomotives.com/privacypolicy.htm. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by emenus Automotive, LLC.

 

MEMBER ACCOUNT, PASSWORD AND SECURITY

 

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify emenus Automotive of any unauthorized use of your password or account or any breach of security, and (b) ensure that you exit from your account at the end of each session, emenus Automotive cannot and will not be liable for any loss or damage to you or to any others arising from your failure to comply with this Section 5.

 

MEMBER CONDUCT

 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not emenus Automotive are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. emenus Automotive does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will emenus Automotive be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss of damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

You agree to not use the Service to:

 

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

(b) harm minors in any way;

 

(c) impersonate any person or entity, including, but not limited to, a emenus Automotive official forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

 

(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

 

(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);

 

(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

 

(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

 

(k) intentionally violate or act in reckless disregard of the possible violation of any applicable local, state, national or international law;

 

(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

 

(m) "stalk" or otherwise harass another; and/or

 

(n) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.

 

EMENUS AUTOMOTIVE RIGHTS IN CONTENT

 

You acknowledge that emenus Automotive may or may not pre-screen Content, but that emenus Automotive and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, emenus Automotive, and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by emenus Automotive or submitted to emenus Automotive including without limitation information in emenus Automotive Message Boards and in all other parts of the Service.

 

You acknowledge, consent and agree that emenus Automotive may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of emenus Automotive, its users and the public.

 

You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by emenus Automotive and/ or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

 

 

INTERSTATE NATURE OF COMMUNICATIONS ON EMENUS AUTOMOTIVE NETWORK

 

When you register with emenus Automotive you acknowledge that in using emenus Automotive services to receive electronic communications (including but not limited to emenus, email, search queries, sending messages to emenus Automotive Chat or Groups, uploading files to emenus Automotive, and other Internet activities), you will b causing communications to be sent through emenus Automotive's computer networks, which are located in the United States. As a result, and also as a result of emenus Automotive's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the services results in interstate data transmissions.

 

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

For those licensees in the United States, Licensee acknowledges and agrees that the Software is subject to restrictions and controls imposed by the United States Export Administration Act ("Act") and the Act's regulations. Licensee agrees and certifies that neither the Software, nor any direct product thereof, is being, or will be acquired, shipped, transferred or re-exported, directly or indirectly, by Licensee into any country prohibited by the Act, or will be used for any purpose prohibited by the Act and regulations.

 

 

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

 

emenus Automotive does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant emenus Automotive a perpetual, irrevocable and fully sub licensable worldwide, royalty-free and non-exclusive license(s), as applicable to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

 

"Publicly accessible" areas of the Service are those areas of the emenus Automotive network of properties that are intended by emenus Automotive to be available to the general public. However, publicly accessible areas of the Service would not include portions of the website that are limited to members, emenus Automotive network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by emenus Automotive.

 

 

CONTRIBUTIONS TO EMENUS AUTOMOTIVE

 

By submitting ideas, suggestions, documents, and/ or proposals ("Contributions") to emenus Automotive through its suggestion or feedback WebPages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) emenus Automotive is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) emenus Automotive shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) emenus Automotive may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of emenus Automotive without any obligation of emenus Automotive to you; and (f) you are not entitled to any compensation or reimbursement of any kind from emenus Automotive under any circumstances.

 

IDEMNITY

 

You agree to indemnify and hold emenus Automotive, LLC. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE

 

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your emenus Automotive, LLC. ID), use of the Service, or access to the Service.

 

NO RESALE OR SERVICE

 

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your emenus Automotive ID), use of the Service, or access to the Service.

 

GENERAL PRACTICES REGARDING USE AND STORAGE

 

You acknowledge that emenus Automotive may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Center will be retained by the Service, the maximum number of email messages that may be sent from received by an account on the Service, the maximum size of any email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on emenus Automotive's services on your behalf, and the maximum number of items (and the maximum duration for which) you may access the Service in a given period of time. You agree that emenus Automotive has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that emenus Automotive reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that emenus Automotive reserves the right to modify these general practices and limits from time to time.

 

MODIFICATIONS TO SERVICE

 

emenus Automotive, LLC. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with notice. You agree that emenus Automotive, LLC. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service outside of our control emenus Automotive, LLC.

 

TERMINATION

 

You agree that emenus Automotive, LLC. may, under certain circumstances and without prior notice, immediately terminate your emenus Automotive, LLC. account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.

 

Termination of your emenus Automotive, LLC. account includes (a) removal of access to all offerings within the Service, including but not limited to emenus Automotive, LLC. emenus, Mail, Groups, Messenger, Message Boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in emenus Automotive, LLC. 's sole discretion and that emenus Automotive, LLC. shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

 

LOSS OF USE DUE TO LICENSEE VIOLATION

 

The Software may only be used for its advertised and documented purposes for Licensee's direct business, or professional use, and shall not b used for illegal or criminal purposes, or purposes detrimental to emenus Automotive's business, such as reverse engineering, decompiling, disassembling, or creating derivative works from the Software. emenus Automotive has implemented, or reserves the right at any time without additional expense or notice to Licensee to implement, systems which report and/or prevent any of the following unauthorized attempts to use the Software: 1) use of the Software without payment of the Subscription fees as they are due or after the Subscription has expired; 2) attempts to exceed the licensed number of Users, Databases, and/or Sites; 3) if the License is subject to a Subscription, use of components of the Software not covered by the Subscription; 4) illegal or criminal use; 5) use other than advertised and documented purposes for Licensee's direct personal, business, or professional use; 6) attempts to reverse engineer, decompile, disassemble, or create derivative works from the Software; and/or 7), attempts to otherwise violate this License. Licensee acknowledges that the Software may contain a reactivation code, which will require Licensee to authenticate the Software from time to time ("License Control Systems"). The License Control Systems may prevent continued use of the Software and deny access to the information created or maintained in the Software. Further, emenus Automotive does not warrant that any attempt to circumvent the License Control Systems will not permanently disrupt the use of the Software, or damage, or restrict access to, Licensee's information created and/or maintained by the Software.

 

DEALINGS WITH ADVERTISERS

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that emenus Automotive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

LINKS

 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because emenus Automotive has no control over such sites and resources, you acknowledge and agree that emenus Automotive is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites and resources. You further acknowledge and agree that emenus Automotive shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

 

PROPRIETARY RIGHTS OF EMENUS AUTOMOTIVE, LLC.

 

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by emenus Automotive or advertisers, you agree to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

 

emenus Automotive grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not cause or allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by emenus Automotive for use in accessing the Service.

 

DISCLAIMER OF WARRANTIES

 

You expressly understand and agree that:

Though emenus Automotive, LLC intentions and business practices are to provide and support the highest quality product and services - No oral or written information or technical advice or assistance given by emenus Automotive, LLC. or an emenus Automotive, LLC. representative shall create a warranty, additional liability or in any way increase the scope of this warranty provided herein.


The service is provided on an "as is" and "as available" basis. emenus Automotive, LLC. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement or suitability of use in any trade or profession, with respect to the software.

 

emenus Automotive, LLC. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet any requirements not written in this agreement; (ii) the service will be uninterrupted, timely, secure or error-free if outside direct control of emenus Automotive, LLC; (iii) and the results of any data inputted or provided by the client or third party and obtained from the use of the service will be accurate or reliable to meet your expectations or desired business results.

 

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage that results from the download or use of any such material. No advice or information, whether oral or written, obtained by you from emenus Automotive, LLC or through or from the service shall create any warranty not expressly stated in the TOS agreement on our website.

 

LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMENUS AUTOMOTIVE AND ITS SUBSIDIARIES, AFFILIATES, OFFICES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMENUS AUTOMOTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

Licensee shall indemnify and hold emenus Automotive including any affiliate or parent entity, harmless from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys fees and other professionals) arising out of or in connection with Licensee's use of the Software. In this event, Licensee shall immediately notify emenus Automotive of any such claim.

 

Except as stated herein, in no event shall emenus Automotive or its suppliers be liable for any special, incidental, punitive, indirect or consequential damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds, including, without limitation, damages for loss of business profits, business interruption, loss of business or professional information, or other pecuniary loss, arising out of the Technical Support or use of or inability to use Software, even if emenus Automotive or anyone else has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above exclusion may not apply. No warranty, including without limitation any implied warranties, is provided beyond the Warranty Period. The entire liability of emenus Automotive under any provision of this License Agreement shall not exceed the Subscription fees paid for the Software, up to a maximum of 12 months of such fees.

 

EXCLUSIONS AND LIMITATIONS

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

 

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

 

NOTICE

emenus Automotive may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

TRADEMARK INFORMATION

 

The emenus Automotive, emenus Automotive logo, emenus Automotive (in Chinese characters), WEB trademarks and service marks and other emenus Automotive logos and product and service names are trademarks of Emenus Automotive (the "emenus Automotive Marks"). Without emenus Automotive's prior permission, you agree not to display or use in any manner the emenus Automotive The trademarks of advertisers displayed are the property of their owners and emenus Automotive disclaims any interest in or control over such trademarks and logos. "emenus Automotive" and the "emenus Automotive" logo are trademarks owned by Mike Sanders.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

 

emenus Automotive respects the intellectual property of others, and we ask our users to do the same. emenus Automotive may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the emenus Automotive's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner of authorized to act on the copyright or intellectual property owner's behalf.

 

Emenus Automotive's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By mail:

Copyright Agent

c/o emenus Automotive, LLC

2323 Hwy 190 E - Suite 3

Hammond, LA 70401

By phone: (985) 340-8162

By fax: (504) 324-0380

By email:

 

GENERAL INFORMATION

 

Entire Agreement. The TOS and any attachments, exhibits, pricing schedules, and terms of commitment, constitute the entire agreement between you and emenus Automotive and govern your use of the Service, superseding any prior agreements between you and emenus Automotive with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other emenus Automotive services, affiliate services, third-party content or third-party software.

 

Choice of Law and Forum. The TOS and the relationship between you and emenus Automotive shall be governed by the laws of the State of Louisiana without regard to its conflict of law provisions. You and emenus Automotive agree to submit to the personal and exclusive jurisdiction of the courts located within the Parish of Orleans, Louisiana.

 

Waiver and Severability of Terms. The failure of emenus Automotive to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

No Right of Survivorship and Non-Transferability. You agree that your emenus Automotive account is non-transferable and any rights to your emenus Automotive ID or contents within your account terminate upon your death. Upon a receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

VIOLATIONS

 

Please report any violations of the TOS to our Customer Care department at 985-340-8162.

 

 

WRITTEN ACCEPTANCE OF AGREEMENT

This is the entire agreement between emenus Automotive and Licensee pertaining to the rights to use the Software and supersedes all prior, collateral, or contemporaneous oral or written representation regarding such subject matter. No amendment or modification of the terms governing the subject matter of the License Agreement will be binding unless in writing signed by authorized representatives.

 

Licensee Signature: ____________________________________
Title: _________________________________________________ Date: _______________

 

 

 

emenus Automotive Representative Signature: __________________________________

Title: ­­­­­­­­­_________________________________________________ Date: _______________