Terms and Conditions
These terms and conditions govern your use of WrenchASC’s products, services, software, application, and website (the “Software and Services”). By using the Software and Services, you agree to these terms and conditions. If you entered into an End User License Agreement with WrenchASC (the “EULA”), then the terms of the EULA are incorporated herein by reference and controls where it conflicts with these terms and conditions.
- Eligibility. You may use the Software and Services if you are eighteen (18) years old or older and are allowed by law to enter into a legally binding agreement.
- Availability. Webpages relating to the Software and Services are accessible throughout the United States; however, this does not mean that all Software and Services are available in your state. It is your responsibility to make sure your use of the Software and Services is legal where you use them. Software and Services are only available in English.
- Software License. Subject to your compliance with these terms and conditions, WrenchASC grants you a limited and non-exclusive license to install and use Software and Services subject to the applicable EULA.
- Modifications. WrenchASC may modify the Software and Services or any portion or feature thereof at any time without liability.
- Intellectual Property. WrenchASC remains the sole owner of all right, title, and interest in the Software and Services.
- Account Activity. You are responsible for all activity that occurs via your account. You may not share your account information or use another person’s account information. Please notify WrenchASC immediately if you become aware of any unauthorized use of your account. WrenchASC makes no guarantee as to the accuracy and completeness of information found on, or accessible through, its website. Please inform WrenchASC of any inaccuracy or incompleteness. WrenchASC is not responsible for the content and security of third-party websites, even those linked to WrenchASC’s website.
User Conduct. You must access and use the Software and Services responsibly. You must never misuse the Software and Services. Misuse includes, but is not limited to, the following:
- Copying, modifying, sublicensing, and reselling the Software and Services;
- Allowing others to access the Software and Services using your account information;
- Accessing or attempting to access the Software and Services using means other than the interface provided or authorized by WrenchASC;
- Circumventing access and use restrictions implemented by WrenchASC;
- Using the Software and Services to infringe on a person’s intellectual property; and
- Using the Software and Services to violate the law.
- Fees. You must pay all applicable taxes and third-party fees. WrenchASC is not responsible for any of these fees. You must pay all license and service fees payable to WrenchASC. WrenchASC may take steps to collect the fees you owe. You are responsible for all collection costs and expenses. By using the Software and Services, you consent to being contacted using the post address, e-mail address, and telephone, mobile, and fax numbers you provided.
- Indemnification. You agree to indemnify and hold harmless WrenchASC and its shareholders, directors, officers, employees, and agents from and against any and all claims, damages, demands, liabilities, and losses, including reasonable attorney’s fees, arising out of, or resulting from, your use of the Software and Services or your violation of these terms and conditions.
- Disclaimer of Warranties. WrenchASC provides the Software and Services to you on an “as is” and “as available” basis with all faults and without warranty. WrenchASC DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, AS TO THE SOFTWARE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT. You are solely responsible for determining the appropriateness of the Software and Services for your intended use. You assume all risks associated with the use of the Software and Services. WrenchASC specifically disclaims any liability for any actions resulting from your access or use of the Software and Services. You are solely responsible for any damage to your computer system or data loss resulting from your access or use of the Software and Services.
- Limitation on Liability. WrenchASC is not liable to you or to any other person for any damage whatsoever including those resulting from loss of use, data, or profits, based on any theory of liability, including breach of warranty or contract or tortious action (including negligence), or arising from any other claim arising out of, or resulting from, your access or use of the Software and Services.
- By You. Subject to, and limited by, any applicable EULA, you may stop using the Software and Services at any time. Such stoppage does not relieve you of any obligation to pay any outstanding fees. WrenchASC’s no refund policy (the “No Refund Policy”) can be found at www.wrenchasc.com.
- By WrenchASC. Subject to, and limited by, any applicable EULA, WrenchASC may terminate these terms and conditions on thirty (30) days’ prior written notice to you.
- Effect of Termination. Upon termination of these terms and conditions, any disclaimer of warranty, limitation on liability, and indemnification will survive. Upon expiration or termination of the Software and Services, some or all of the Software and Services may cease operation.
- Compliance with Laws. The Software and Services may be subject to U.S. and international laws and regulations that govern the import, export, and use of software. You agree to comply with these laws and regulations.
- Amendment. These terms and conditions may be amended by WrenchASC at any time. Such amendments shall be posted on WrenchASC’s website. Your continued use of the Software and Services after any amendment constitutes your acceptance of these terms and conditions as amended.
- Entire Agreement. These terms and conditions constitute the entire agreement between you and WrenchASC in connection with the Software and Services and supersedes all prior agreements whether oral or written.
- Binding Effect. These terms and conditions are binding upon and inures to the benefit of you and WrenchASC and your and WrenchASC’s respective successors and assigns; however, you agree that you will not assign these terms and conditions without WrenchASC’s prior written consent.
- Severability. In the event any of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, the same shall be deemed severable from the remainder of these terms and conditions. Nothing in these terms and conditions shall be construed so as to require the commission of any act contrary to law. Wherever there is any conflict between any provision these terms and conditions and any statute, law, or ordinance, contrary to which neither you nor WrenchASC have the legal right to contract, the latter shall prevail, but in such event the provisions of these terms and conditions shall be curtailed and limited only to the extent necessary to bring them within legal limitations.
- Captions and Headings. Captions and headings contained herein are for convenient reference only and shall not affect the meaning or interpretation of these terms and conditions.
- Waiver. The waiver of WrenchASC of any of these terms and conditions shall not prevent WrenchASC from later insisting upon full performance of any such term or condition. No modification, termination, or attempted waiver enforceable against WrenchASC shall be valid unless in writing and signed by a duly authorized agent of WrenchASC.
- Governing Law and Venue. These terms and conditions shall be governed by the laws of the State of California notwithstanding any conflicts of law provisions to the contrary. The venue shall be Los Angeles County, California.
- The Digital Millennium Copyright Act of 1998. If you believe that material appearing on WrenchASC’s website infringes your copyright, you may send WrenchASC a notice requesting that the material be removed or access to it be blocked. If you believe in good faith that a notice of copyright infringement has been wrongfully filed against you, you may send WrenchASC a counter-notice. Notices and counter-notices must meet statutory requirements imposed by applicable law and should be provided in writing.