Last updated 29 January 2023

Welcome to autoeric.com. These Terms and Conditions apply to www.autoeric.com, our paid content, and any other of our websites, digital services or mobile or other applications on which a link to these Terms and Conditions appears collectively, all of which Autoeric Services are provided  at any time and from time to time in its sole discretion. Autoeric may change, suspend or discontinue any or all of the Autoeric Services at any time. Autoeric does not control, and is not responsible for, any third-party site to which the Autoeric Services link or that links to any Autoeric Services.

You agree that your use of the Autoeric Services is subject to the following Terms and Conditions. These Terms and Conditions are a legal contract between you and Autoeric, so you should review them carefully before using the AutoericServices.

If you do not agree with the Terms and Conditions in their entirety, please do not use any Autoeric Services.

These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Autoeric Services by you will constitute your acceptance of any changes or revisions to these Terms and Conditions. Notwithstanding the foregoing, any changes to the arbitration provisions in these Terms and Conditions apply to you only after you have manifested your agreement to the new arbitration provisions. Portions of the Autoeric Services may be governed by different or additional terms and conditions. In the event of a conflict between any provision of these Terms and Conditions, on the one hand, and any specific terms and conditions for a particular Autoeric Service, on the other hand, the applicable provision of the specific terms and conditions for that Autoeric Service shall prevail with respect to your use of the Autoeric Services.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST AUTOERIC AND AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION SECTION BELOW CAREFULLY.

The materials and tools contained on the Autoeric Services are provided by Autoeric as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for informational purposes only. You acknowledge that you are using the Autoeric Services at your own risk. Autoeric assumes no responsibility for errors or omissions in these materials. Autoeric makes no commitment to update the information contained herein. Autoeric makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Autoeric Services, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Autoeric Services, or that use of the Autoeric Services will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Autoeric or any other party on the Autoeric Services shall create any warranty or liability. The content provided through Autoeric Services should be used for informational purposes only; the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any health, financial or other decision you are seeking to make. In the case of our product reviews, consumers should always consult the manufacturer and/or their dealer/distributor for the most up-to-date product information, features and specifications.

Autoeric does not warrant or make any representations regarding the use or the results of the use of the materials on the Autoeric Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Autoeric or any of its parents, subsidiaries, affiliates, licensors, or their respective constituent entities, partners, officers, directors, employees, agents, or representatives be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Autoeric Services. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Autoeric Services or any goods or services offered for sale through the Autoeric Services shall be to request that Autoeric correct the matter or, if Autoeric fails to do so, to discontinue use of the Autoeric Services. In no event shall Autoeric’s liability exceed an amount equal to all fees paid by you to Autoeric in connection with your use of the Autoeric Services.

Autoeric periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Autoeric shall have no liability for the resulting unavailability of the Autoeric Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Autoeric Services.

User Generated Content

Autoeric may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the Autoeric Services (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. Autoeric does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.

You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Autoeric all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Autoeric Services such as malware, spyware or other malicious code; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; (i) violates the law or otherwise violates these Terms and Conditions; or (j) provides a link to any of the above.

In connection with any User Content that you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Autoeric to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Autoeric Services and these Terms and Conditions; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Autoeric Services and these Terms and Conditions; and (iii) it complies with these Terms and Conditions.

You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Autoeric, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Autoeric publishing such User Content. Autoeric does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Autoeric shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms and Conditions.

Autoeric does not claim any ownership rights in the User Content. By transmitting or posting User Content, you grant to Autoeric the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify (including the size and aspect ratio of photographs), publish, transmit, display, distribute, have distributed, promote, perform, translate, and prepare derivative works of, all or any portion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with:
– the Autoeric Services,
– other Autoeric publications,
– Autoeric’s (and our successors’) business,
– promoting and redistributing part or all of the Autoeric Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution, or
– stories featuring the Autoeric Services or any content on the Autoeric Services in other news and media websites or other outlets.

You waive any moral rights you may have in the User Content. You also grant each user of the Autoeric Services a non-exclusive license to access your User Content through the Autoeric Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Autoeric Services and under these Terms and Conditions.

Third Party Content Providers

By accessing the Autoeric Services, you specifically acknowledge and agree that: (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) the Associated Press will not be liable for any delays, inaccuracies, errors or omissions in any Associated Press materials or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; (d) the Associated Press is an intended third party beneficiary of these terms and conditions, and it may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit your use of Associated Press materials or any portion thereof at any time.

Registered Users Paid Content

Purchasers of paid content or content that is available only to registered users of the applicable Autoeric Service are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. The password is for the purchaser’s or registrant’s sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers or devices) could result in suspension of that password. Paid content and content available only to registered users is protected by copyright laws, and may not be transmitted (whether by e-mail or otherwise), reproduced, republished, distributed, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Autoeric.

Arbitration

You agree that by using the Autoeric Services, each of you and Autoeric are waiving the right to trial by jury and waiving the right and ability to participate as a plaintiff or class member in any class action in any dispute arising from your use of the Autoeric Services. If you do not agree with these waivers in their entirety, you are expressly forbidden from using the Autoeric Services.

You and Autoeric mutually agree that any and all claims, controversies or disputes arising out of or relating in any way to these Terms and Conditions or the applicability, breach, termination, validity, enforcement or interpretation thereof, your use of any of the Autoeric Services or any services provided by Autoeric, your relationship with Autoeric, or any action or inaction by Autoeric, whether in contract, tort or otherwise, shall be submitted to confidential binding individual arbitration in the jurisdiction in which you reside, except to the extent that you have in any way violated or threatened to violate any intellectual property right of Autoeric, in which case Autoeric may bring an action against you in any court of competent jurisdiction.

If you intend to seek arbitration, you must first give Autoeric written notice of your claim or dispute (the “Claim Notice”). The Claim Notice shall be sent to info@autoeric.com and shall (i) include your name, address and email address, (ii) list the Autoeric Services, if any, on which you have created an account and which newsletters associated with any Autoeric Services, if any, you receive, and (iii) describe in reasonable detail the nature and basis of your claim or dispute and the specific relief you request.

You and Autoeric have 60 days to try a resolution after claim notice has been served before seeking competent jurisdiction.

The interpretation and enforcement of these Terms and Conditions shall be subject to the French Arbitration.  Unless you and Autoeric specifically agree otherwise, the arbitrator may not consolidate any other claims with yours and may not otherwise preside over any form of a representative or class proceeding. An arbitration award applies only to the specific case in which it was awarded and cannot be used in any other case except to enforce the award itself.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT ACT IN ANY REPRESENTATIVE CAPACITY OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST U.S. NEWS IN ANY COURT OR ARBITRATION WITH RESPECT TO ANY CLAIMS OR DISPUTES. YOU AND AUTOERIC MAY BRING LEGAL CLAIMS AGAINST EACH OTHER ONLY IN YOUR INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON-REPRESENTATIVE, AND NON-AGGREGATE BASIS). THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE BASIS. Notwithstanding any other clause contained in these Terms and Conditions, this paragraph shall not be severable in any case in which the dispute is brought as a class, collective, representative or aggregate action.

This Arbitration Agreement will survive the termination of the relationship between you and Autoeric for any and all claims or disputes you or Autoeric have relating in any way to the services provided by Autoeric or your relationship with Autoeric .

 

 

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