1. SERVICES INCLUDED
MAutoSearch,llc (MAS) Service consists of Mcode, window stickers and other features noted in Addendum A, B, F, M, V or Other (“The Addenda”) to this contract.
2. LIMITATION OF LIABILITY.
- Subscriber expressly acknowledges that, in no event shall MAS be liable for any loss or damage resulting from any act, omission or failure of performance by MAS, its employees, agents, or representatives. Further, MAS shall not be liable for computer error, telephone or system failure, or any loss therefrom. In no event shall MAS be liable for any sum in excess of 1 month’s service charges paid by the Subscriber.
- MAS agrees to hold harmless and indemnify Subscriber against all costs incurred by the Subscriber because of any third-party claim that Subscriber’s use of the MAS services in accordance with this Master Service Agreement or any Addenda thereto infringes any patent, copyright, trade secret or similar right of any third party. Apart from claims related to infringement, Subscriber expressly agrees to indemnify and hold harmless MAS, its shareholders, directors, officers, employees, agents, representatives, successors and assigns against any liabilities, demands, claims, actions, assessments, losses, costs, damages or expenses, including reasonable attorneys’ fees arising out of any litigation, claim or liability arising from Subscriber’s use of the MAS services. This provision will survive beyond the termination or cancellation of this Agreement but not beyond the legally prescribed statute of limitations period.
- The Mcode texting platform is designed to assist with compliance of TCPA regulations by providing visible Opt-in language explicitly printed on your window stickers. If subscriber chooses to call or text the number provided by the MCode Text system, a fully TCPA compliant text system should be utilized. MAutoSearch, llc shall not be liable for violations of the TCPA as a result of any actions by Subscriber or any of its employees, agents or representatives involving misuse of the Services contemplated herein. Subscriber indemnifies and holds harmless MAutosearch,llc from any and all claims arising out of the use of the Services contemplated herein, including any claims resulting from any violation(s) of TCPA rules and regulations.
3. SUBSCRIBER’S OBLIGATIONS.
- Subscriber hereby agrees to provide url’s associated with each vehicle in a manner defined by MAS
- Subscriber agree to place the provided window stickers on vehicles
4. TERM OF AGREEMENT / CHARGES / PAYMENTS.
Subscriber agrees to the following terms and payment conditions. The Term of this agreement is as stated in The Addenda commencing with the date of first activation. This Agreement may be terminated at any time by either party, effective immediately upon notice, if the other party (a) becomes insolvent; (b) files a petition in bankruptcy, or (c) makes an assignment for the benefit of its creditors. Either party may terminate this Agreement upon 30-day written notice in the event that the other party breaches any of its material responsibilities or obligations under this Agreement (including, without limitation, failure to pay) which breach is not remedied within thirty (30) days following receipt of said written notice. Notwithstanding any other language in this Agreement, in the event Subscriber’s payment for any MAS invoice is past-due by thirty (30) days or more, MAS may suspend service until payment is received. Rates for each service are denoted in The Addenda for such services. Site means a facility at a single location. Any Activation Fee is due upon signing of this Agreement. Payment for each period’s service is due on the 1st day of that Period (as defined in The Addenda). Fees are based upon minimum term subscription. . Sales tax will apply to any services attached to this Master Service Agreement or agreed upon hereafter that fall into a jurisdiction that taxes such services. To dispute any charges on a MAS Invoice, Subscriber must notify MAS within forty-five (45) days of the invoice date, stating the invoice date, line item of the invoice, the disputed amount, the trouble ticket number (if applicable) and a detailed explanation of the dispute with supporting documentation. Subscriber shall timely pay all charges not disputed in this manner. Unless a notice of claim is received by MAS within forty-five (45) days, an invoice shall be deemed accurate and undisputed and therefore not eligible for dispute. If MAS determines that a billing dispute claim is incomplete, MAS will inform Subscriber of the identified deficiency and request re-submission. MAS will review billing disputes within thirty (30) business days of acceptance of the claim, and work with Subscriber to determine whether to credit, partially credit, or refuse such disputed items. Such determination shall be final. In no event shall MAS’s liability to customer for any reason exceed the amount paid by customer to MAS hereunder during the three months preceding the date of initial claim.
5. CAPTIONS / GOVERNING LAW / ATTORNEYS’ FEES / SEVERABILITY.
Titles or paragraph headings are solely for convenience of reference and are not intended and shall not be deemed to modify, explain or place any construction on any provision of this agreement. This agreement is executed in and governed by the laws of Ohio and subject to the venue of Stark County. In the event any party brings an action to enforce the terms of this agreement or declare rights hereunder, the non-prevailing party agrees to pay the prevailing party or parties costs and reasonable attorneys’ fees incurred in connection therewith. This printed Agreement is the complete and final contract between the parties. No modifications of this Agreement are valid unless signed by both MAS and Subscriber. If any of the provisions or portions of this agreement are held unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
Who we are
Our website address is: http://skipd.sg-host.com.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
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Where we send your data
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