TERMS AND CONDITIONS
Greetings to the Best Automotive Tool platform located at bestautomotivetool.com (referred to as the “Site”). We strongly encourage you to meticulously examine these Terms and Conditions, as your utilization of the Site indicates your acknowledgment and acceptance of the ensuing terms and conditions:
Agreement for Users
Engaging in the use or download of any component of the Service is discouraged if you do not align with the entirety of the Terms and Conditions or lack the eligibility or authorization to enter into this Agreement. Utilizing any aspect of the Service will be construed as acceptance, establishing a legally binding contract in which you willingly commit to abiding by all the Terms of Service without any alterations.
Limitation of Liability
Best Automotive Tool shall not bear responsibility for any damages or injuries arising from or associated with your utilization of its sites. These encompass (yet are not confined to) damages or injuries resulting from any of the following: (1) use of, or inability to use, the sites; (2) use of, or inability to use, any site linked through hyperlink from its websites; (3) failure of performance; (4) error; (5) omission; (6) interruption; (7) defect; (8) delay in operation or transmission; (9) computer virus; or (10) line failure. We disclaim liability for any consequential or incidental damages, including damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury, or other miscellaneous damages and expenses resulting directly from a loss or injury. Moreover, except as outlined below, we disclaim liability even if we have been negligent or if our authorized representative has been advised of the possibility of such damages, or both.
However, in certain states where the law may not permit us to limit or exclude liability for these incidental or consequential damages, the aforementioned limitation may not be applicable, and you may have the right to recover these types of damages. In any event, our liability to you for all losses, damages, injuries, and claims of any kind, whether under the terms of a contract or claimed to be caused by negligence or other wrongful conduct or any other legal theory, will not exceed the amount you have paid to access our sites.
Usage Restrictions for Online Services
YOU SHALL NOT:
- Utilize our Online Services or Content in any manner not expressly authorized by these Terms.
- Copy, modify, or extract data, Content, or materials from our Online Services.
- Remove or alter any copyright or other proprietary rights or notices displayed on our Online Services.
- Misrepresent your identity or provide false information.
- Interfere with the operation of our Online Services.
- Share your password with third parties or use a password from a third party.
- Engage in commercial, competitive, or viral messaging or send unsolicited advertisements or similar communications, including harmful computer code, viruses, or malware.
- Use our Online Services in a manner that, at our sole discretion, may interfere with another party’s use or enjoyment of the Online Services, compromise our networks or servers, or expose us or any third party to any claims or liabilities. You must not employ software or other means to access, “scrape,” “crawl,” or “spider” any web pages or other services from our Online Services. In the event you are blocked from our Online Services (including IP blocking), you agree not to employ any measures to circumvent such blocking.
- Directly or indirectly authorize anyone else to carry out actions prohibited under this section.
- Attempt to reverse engineer any software used to provide the Online Services.
YOU AFFIRM THAT YOU WILL:
- Adhere to all applicable laws and regulations.
- Confirm that you are at least 18 years old and, if you are between 18 and the age of majority in your state and not emancipated, a parent and/or guardian consents to these Terms on your behalf.
- Recognize that we have the discretion to take appropriate measures, as permitted by law, to enforce these Terms.
Adherence to Legal Requirements
Requirement for User Age
To access the Site, individuals must attain the age of 18 or older. Furthermore, you pledge not to participate in any unlawful or inappropriate activities while engaging with the Site or its content.
SMS Terms of Service
Upon inputting your mobile telephone number and selecting the corresponding option during the form submission on bestautomotivetool.com, you expressly grant consent to receive both non-marketing and marketing text messages from Best Automotive Tool. This encompasses text messages dispatched via an autodialer to the mobile telephone number(s) you have provided on your form. The ability to opt out of these communications is at your disposal at any time, and it is crucial to acknowledge that agreeing to receive marketing text messages is not obligatory to utilize our website. Your consent to receive text messages remains effective even if your telephone number is registered on any state, federal, or corporate Do Not Call list.
Subscribers of SMS messages should anticipate receiving a maximum of one SMS per day from us. Our SMS communications are compatible with the following carriers: AT&T®, Sprint®, Boost®, Verizon Wireless®, U.S. Cellular®, Cellular One®, and T-Mobile®, MetroPCS®. It is essential to be aware that standard message and data rates may apply. The content of SMS messages sent by us encompasses benefits and resources pertinent to individual subscribers. To cease these communications at any time, a simple text with the word “STOP” in response to any message received from us will suffice. Subscribers seeking assistance can make inquiries by texting “HELP” in response to our messages or by making a request via email at [email protected] or by calling (866) 828-1862. T-Mobile® is not responsible for any delays or failures in message delivery.
Protection of Intellectual Property
The intellectual properties safeguarded on this site, encompassing trademarks, titles, characters, trade names, graphics, designs, and other properties, including software, text, and images, are owned by Best Automotive Tool, its licensees, or other duly authorized third parties. While Best Automotive Tool grants permission for you to peruse and create copies of materials on this site for service requests, all remaining rights are explicitly reserved. The distribution, display, transmission, or dissemination of such materials is prohibited without prior written consent from Best Automotive Tool.
Best Automotive Tool does not warrant that the Service is suitable or legally accessible outside the United States. The use of the Service from locations where it is prohibited by law is not allowed. Users who choose to access the Service from such locations do so at their own discretion and are responsible for compliance with local laws.
The Site may encompass hyperlinks to websites operated by third parties (“Linked Sites”). However, these Linked Sites remain uninspected, uncontrolled, or unexamined by us, and we bear no responsibility for their content, availability, advertising, products, or other materials. The inclusion of these links does not signify our endorsement or affiliation with the Linked Sites. Users bear sole responsibility for adhering to the rules and guidelines governing the use of Linked Sites. We disavow liability for any losses or damages arising from the links to Linked Sites, the Linked Sites themselves, activities on Linked Sites, or the information, materials, products, or services available through Linked Sites. Concerns regarding Linked Sites should be directed to the respective site’s administrator or webmaster. We reserve the right to add, modify, reject, or remove features or links to Linked Sites from the Site without prior notice.
Permission for Linking: External websites seeking to establish links to the Site must secure our explicit permission. Requests for permission should be directed to us at the provided address. We retain the authority to deny or revoke any granted permission for linking to the Site, whether through a plain-text link or any other type of link, at our discretion and without prior notice.
Both you and we mutually agree to the resolution of any and all disputes or claims arising from or related to your utilization of or access to our Services, including any products or services offered, sold, or purchased through our Services. This agreement extends to interactions with our subsidiaries or agents, including but not limited to All Web Leads, Inc. Such disputes shall be exclusively settled through final and binding arbitration between you and us or between our subsidiaries or agents and you. The only exception to this provision is that you may bring claims in a small claims court if they meet the specified criteria. The interpretation and enforcement of this Agreement to Arbitrate section are governed by the Federal Arbitration Act.
The Site may include hyperlinks to third-party websites. Best Automotive Tool assumes no responsibility for the content or privacy policies of these sites. The inclusion of these links should not be construed as an endorsement or recommendation of the sites or their products and services.
The User undertakes to (a) safeguard Best Automotive Tool and its employees, contractors, officers, directors, and representatives against any legal action or lawsuit initiated by a third party arising from any transactions with Best Automotive Tool or another User, the User’s use of the Service, or any breaches of the representations, warranties, or commitments in this Agreement; and (b) reimburse Best Automotive Tool for settlement amounts, damages, liabilities, expenses, and costs (including reasonable legal fees) awarded or incurred as a result of such a claim. Best Automotive Tool retains the right to assume exclusive defense and control over any matter falling within the User’s indemnification responsibility, at which point the User is expected to assist and cooperate with Best Automotive Tool in asserting any available defenses.
Best Automotive Tool maintains the prerogative to terminate a User’s access to either the entire Service or specific segments of it, with or without cause and with or without prior notice, at its discretion and at any juncture. Following termination, the User is required to promptly cease their use of the Service. However, it is essential to recognize that (a) any obligations and remedies for breaches of the Terms and Conditions that transpired before the termination date will persist, and (b) Sections 9 through 16 will remain in effect.
Prohibition of Class and Representative Actions and Non-Individualized Relief
Both parties, you and us, mutually consent that any claims asserted against the other shall be pursued exclusively on an individual basis and not as a plaintiff or class member in any purported class or representative action or legal proceeding. This provision is applicable to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and other similar actions. In the absence of a mutual agreement, the arbitrator is not empowered to consolidate or combine claims from multiple individuals or parties or preside over any joint, representative, or class proceeding. The arbitrator is authorized to grant relief, whether monetary, injunctive, or declaratory, solely in favor of the individual party seeking such relief. The relief provided is confined to what is necessary to address the specific claim(s) of that individual party and does not affect other users of our Services.
All the provisions stated in these Terms and Conditions are legally binding for the parties involved, including their successors and authorized assigns. Should any provision of these Terms and Conditions be deemed invalid or unenforceable, it will be adjusted or removed to the extent necessary, while the remaining provisions will remain in full force and effect. These Terms and Conditions constitute the comprehensive agreement between the parties, supplanting any previous agreements, commitments, or practices. We reserve the right to terminate these Terms and Conditions and/or your access to the Site (or any part thereof) at any time, with or without prior notice. No waiver by either party of any right granted herein will be construed as a waiver of this or any other right.
Best Automotive Tool retains the authority to effect changes to these Terms and Conditions at any given time. It is incumbent upon you to periodically review these Terms and Conditions for any alterations. Your ongoing utilization of the Service subsequent to such modifications shall signify your agreement to be bound by the amended Terms and Conditions.