Terms of Use and Conditions | AutoTechnician.org

YOUR TERMS OF USE AND CONDITIONS WITH CONTE & KELLY, LLC (HEREINAFTER REFERRED TO AS ‘AutoTechnician.org’ AND ‘Web Site’) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND CONDITIONS, DO NOT USE THE WEB SITE.

Terms of Use and Conditions

AutoTechnician.org is a for-profit organization owned and operated by Conte & Kelly, LLC of Rochester, NY. This Web Site, including all of its features and content, is provided by Conte & Kelly, LLC and all content and information provided on or through this Web Site may be used solely under the following Terms of Use and Conditions.

By accessing AutoTechnician.org you are agreeing to be bound by these Web Site Terms of Use and Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this Web Site. Any claim relating to AutoTechnician.org shall be governed by the laws of the State of New York in Monroe County. The materials contained on the Web Site are protected by applicable copyright and trademark laws.

Registration Information – Read Carefully Before Registering!

Certain sections of this Web Site require you to register including the Member Directory. When registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to maintain your Membership Directory registration ongoing when changes occur or inform AutoTechnician.org to assist with any changes to that information. Contact support@autotechnician.org for assistance.

Each registration into the Member Directory is for a single individual only, unless specifically designated otherwise on the registration page. The Membership Directory is for qualified individuals only who agree to these Terms of Use and Conditions and received a passing grade of 80% or better on the AutoTechnician.org pre-qualification Test. A passing grade does not qualify an individual’s family, friend, spouse, children, relative or any other associate to be included within the Membership Directory. AutoTechnician.org has sole discretion and highest authority of granting membership to those who we believe possess the requirements to have membership. Likewise, the founding member of AutoTechnician.org also reserves the right to immediately revoke membership of any member at any time without notice should proof or suspicion of violating the Terms of Use and Conditions be found or brought to our attention.

All individuals registering for and providing a Member Directory profile listing agree they have permission to publicly post their profile including employment credentials, work location, licenses, images, contact information and any other information posted within their profile listing being made publicly available and does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or business.

AutoTechnician.org does not permit:

Anyone other than you to use the sections requiring registration by using your name or password.
Access through a single name being made available to anyone else other than the registered member.

You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify AutoTechnician.org immediately by emailing support@autotechnician.org.

Testing Requirements

Upon agreeing to take the test, you will uphold the underlying principles and spirit of this organization and agree to undergo the test yourself and without accepting or asking for assistance from anyone or using any other reference material. You are permitted to take the test at home, at work, or any place you will have access to the internet and email and a browser and/or screen reader device capable of rendering the test. If you have difficulties with reading the test questions, you are permitted to ask a friend or any other associate for assistance. Those with certain disabilities who are unable to take the test online in this fashion may qualify to take the alternate testing provided free-of-charge. Learn more about alternate testing here. The goal is not to just “pass the test”. The goal is to be a professional, meaning you will vouch for your integrity while taking the test honestly. Reading and comprehension of what is read is an important aspect of being a professional automotive mechanic or technician. Therefor the test was designed to ensure the test taker is able to not only know the material, but to also be able to read, understand and follow instructions just like in the real world when reading manuals, service bulletins, specifications and other service or repair information.

Registration Information Collected

In order to complete registration, you are required to use a valid email address for account verification and holding purposes. You will have the option to provide public contact information during or after registration if you so choose. We may also ask you upon registration to provide certain demographic and contact information including country, zip code, work address, home address for internal use only, work location type, phone numbers for both public and private use. In addition, if you elect to sign-up for a particular feature of the Web Site, such as chat rooms, forums, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address.

You agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Web Site, you will need a username and password, which you will receive through the Web Site’s registration process and email system. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Changes and Improvements

AutoTechnician.org may make changes, improvements, alterations or amendments in and to the information and materials contained on the Web Site including the Terms of Use and conditions of this Web Site, without liability or advanced notification. AutoTechnician.org reserves the right to change these Terms of Use and Conditions at any time, and you agree that each visit you make to AutoTechnician.org shall be subject to the current terms and conditions as published on our website at www.AutoTechnician.org (the ‘Web Site’).

Submissions

By posting your profile listing in the Membership Directory or sending a message in any public electronic forum on the Web Site, you agree to have that message along with your name and user name posted for public viewing both here and in other promotional and advertising materials and on other AutoTechnician.org web sites, without compensation. AutoTechnician.org does not undertake to necessarily post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of AutoTechnician.org. You may copy the posted messages for personal use, but redistribution in any way requires the written permission of AutoTechnician.org. In consideration of this authorization, you agree that any copy you make of any message(s) or information contained in electronic forums, contact forms, page content, blog posts or comment located on this web site shall retain all copyright and other proprietary notices contained therein.

You represent and warrant that: (i) you own the content posted by you on or through the Web Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree to grant to AutoTechnician.org a non exclusive, royalty free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums and profile listings of AutoTechnician.org or which you provide by email or any other means to AutoTechnician.org and in any media now known or hereafter developed. Further, you grant to AutoTechnician.org the right to use your name and or user name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, together with use on any other Conte & Kelly, LLC web sites. You agree that you shall have no recourse against Conte & Kelly, LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to AutoTechnician.org.

Termination

We may cancel or terminate your right to use the Web Site or any part of the Web Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Web Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Web Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use and Conditions, shall survive.

Classified and Directory Advertising

The Web Site may include certain classified and directory advertising services. When you submit a classified ad for publication on the Web Site, you agree that the advertisement as it appears on the Web Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Web Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement or directory listing does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement or directory listing at any time, in our sole discretion. Rates and specifications, if any, are subject to change.

Errors, Corrections and Accessibility

AutoTechnician.org does not represent or warrant that this Web Site or the content or postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. AutoTechnician.org does not warrant or represent that the content or postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. AutoTechnician.org may make improvements and/or changes to its features, functionality or content or postings at any time. Alternate text and Title text meta data is used where possible however AutoTechnician.org cannot ensure the addition of meta data provided by a Third Party contributor or any code contributions not capable of supporting meta data within it ongoing. AutoTechnician.org may not fully support every language translation service, screen reader or any other translation devices and software used to view or listen to the content of this Web Site. If a problem with accessibility is encountered, please provide the exact instance and location and send via email to: support@autotechnician.org. Upon review, AutoTechnician.org will determine if the content in question can be made accessible or if it has to be removed.

Etiquette

All electronic forums including contact forms, blog posts or comments and directory profiles provided by AutoTechnician.org have ground rules and established etiquette for posting messages or material to these forums. Users are to be considerate of the expectations and sensitivities of others and prohibited from using any and all offensive or racist language, images or documents on the Web Site when posting material for electronic distribution.

Non-Commercial Use of Interactive Areas

Any Interactive Area is provided solely for your personal use. Any unauthorized use of any Interactive Area of this Web Site, its content, or postings are expressly prohibited without expressed written permission from an authorized AutoTechnician.org representative.

First Party

You may not use the Web Site to impersonate another person or misrepresent that you have authorization to act on behalf of AutoTechnician.org or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration (hacking) to breach the security of the Web Site is prohibited and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.

Preservation of Intellectual Property Rights

All material on this site, including, but not limited to images, illustrations, test questions, member profiles and multimedia materials is protected by copyrights which are owned and controlled by AutoTechnician.org or by other parties that have licensed their material to AutoTechnician.org. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the content. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Conte & Kelly, LLC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the content without AutoTechnician.org’s prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its content is prohibited.

Third Party Communications

AutoTechnician.org disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. AutoTechnician.org assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Web Site.

External Web Site Links

Throughout the Web Site we have provided links in the form of text or image banners to internet sites maintained by third parties, sometimes through third party advertisements. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any information, products or services that third parties may provide on or through the Web Site or on websites linked to by us on the Web Site.

Third party content may appear on this Web Site or may be accessible via links from this Web Site. AutoTechnician.org shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of AutoTechnician.org. Further, information and opinions provided by employees and agents of AutoTechnician.org in Interactive Areas are not necessarily endorsed by AutoTechnician.org and do not necessarily represent the beliefs and opinions of AutoTechnician.org.

External Web Site Content, Copyrighted Materials and RSS Feeds

The Web Site may provide and make available for public automated syndication RSS feeds from related third-party content providers for non-profit, informational purposes only. These RSS feeds may contain copyrighted images or content created elsewhere and beyond our control and then displayed on this Web Site without our immediate knowledge. Because these feeds are created by third parties, we do not have knowledge of copyrighted materials in those feeds when they appear on our Web Site. AutoTechnician.org uses best practices to obtain RSS feeds from reputable sources and therefor will not be held liable for displaying copyrighted third party content. Our action policy, upon initial notification or becoming aware of a copyright breech is to immediately remove any and all copyrighted material that AutoTechnician.org did not have permission to use or display. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any copyrighted material, products or services that third parties may provide on or through the Web Site or on websites linked to by us on the Web Site.

Sponsorship Payment and Purchase Responsibility

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Web Site. You agree to use the Web Site and to purchase services or products through the Web Site for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

In no event shall AutoTechnician.org or its service AutoTechnician.orgs, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on the Web Site even if AutoTechnician.org has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.

Third Party Payment Transactions

AutoTechnician.org utilizes PayPal Standard for its Third Party merchant services handling to ensure that all transactions and exchange of monies are performed with high security outside of our Web Site server environment. AutoTechnician.org does not retain or capture any confidential payment information beyond the buyer’s name, address, phone number and email address or other comments provided by the buyer at the time of purchase using PayPal. All transactions with AutoTechnician.org are also bound by the terms and conditions of PayPal usage.

External Third Party Vendors

Certain sections of the Web Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on a site linked to by the Web Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Web Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Web Site.

The information and opinions expressed in public or private forums, blog posts, comments or other electronic forums conducted on the Web Site are not always necessarily those of AutoTechnician.org or its service AutoTechnician.orgs, affiliates, associates, subsidiaries or partners and AutoTechnician.org makes no representations or warranties regarding that information or those opinions. Neither AutoTechnician.org or its service AutoTechnician.orgs, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.

In order to maintain an informative and valuable service that meets the needs of the users of the Web Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.

You may not:

Restrict or inhibit any other user from using and enjoying the Web Site.
Use the Web Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Web Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web Site.
Use the Web Site to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person.
Gain unauthorized access to the Web Site, or any account, computer system, or network connected to this Web Site, by means such as ‘hacking’, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web Site.
Use the Web Site to post or transmit any unlawful, threatening, abusive, racial, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law.
Use the Web Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Web Site to post, inject or transmit any information, software or other material that contains a virus or other harmful component.
Use the Web Site to post, inject or transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Web Site to advertise or solicit to anyone to buy or sell products or services, to cease using the Web Site, to visit another competing Web Site, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Obligation of Content Monitoring

You understand that we have no obligation to monitor any forums, bulletin boards, chat rooms, web logs, or other areas of the Web Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions of Service. We also reserve the right to deny access to the Web Site or any features of the Web Site to anyone, for any reasons, including as a result of persons who violate these Terms and Conditions of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

Linking to this Web Site

You may provide links to this Web Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Web Site, including any advertisements, terms of use, copyright notice, and other notices on this Web Site, (b) you immediately deactivate and discontinue providing links to this Web Site if requested by AutoTechnician.org, and (c) AutoTechnician.org may deactivate any link(s) at its discretion.

No Solicitation

You shall not distribute on or through this Web Site any postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of AutoTechnician.org. Notwithstanding the foregoing, in any interactive areas of this Web Site (the “Interactive Areas”), which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email, forums and question and answer features, where appropriate you a) may list your current employer’s name and contact info within your membership directory profile along with your name, address and email address, your own web site’s URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site (except for member’s place of employment), product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.

Advertisers

This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. AutoTechnician.org will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Copyright Infringement Policy

AutoTechnician.org reserves the right, but not the obligation, to terminate your license to use the Web Site if determined in the sole and absolute discretion of AutoTechnician.org that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. AutoTechnician.org accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, AutoTechnician.org have implemented procedures for receiving written notification of claimed infringements and for processing such claims. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Web Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending a written complaint that complies with the requirements below to our designated agent by registered mail or courier:

AutoTechnician.org
Rochester, NY 14625
U.S.A.
support@autotechnician.org

Please include the following information in your written notice regarding any defamatory, or infringing activity, whether of a copyright, patent, trademark or other proprietary right: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Web Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Upon the receipt of written notice compliant with the requirements set out above, it is the policy of AutoTechnician.org to remove the allegedly infringing material from the Web Site.

AutoTechnician.org will deny access to the Web Site or any features of the Web Site to anyone who is the found to be the source of allegedly infringing material and after a warning from AutoTechnician.org, continues to post allegedly infringing material.

Limitations on Use

The Web Site is provided for informational and educational purposes to both consumers and professional members. The Web Site or the information contained herein should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use of this Web Site’s information.

DISCLAIMER

THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. AUTOTECHNICIAN.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AUTOTECHNICIAN.ORG DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.

LIMITATION OF LIABILITY

AUTOTECHNICIAN.ORG SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. AUTOTECHNICIAN.ORG SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, AUTOTECHNICIAN.ORG’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

You agree to indemnify AutoTechnician.org and Conte & Kelly, LLC and each of its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, losses, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you.

Governing Law and Jurisdiction

The Terms of Use are governed by and construed in accordance with the laws of the State of New York and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Monroe County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

This Terms of Use constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.