Terms of Service — WheelSpotter

Terms & Conditions

If you make payment through Apple for an auto-renewing subscription to the app -- or if you use the app without a username and password received from Hollander LLC or another entity -- then Apple's Licensed Application End User License Agreement ("Standard EULA") applies and overrides any conflating term or condition below. The standard EULA can be found at Apple.com.

If you use the app with a username and password received from Hollander LLC or another entity, then the custom end user license agreement between you and the Application Provider ("Custom EULA") described below applies.

CUSTOM EULA

Apple's Minimum Terms of Developer's End-user License Agreement are included herein:

1. Acknowledgement: Application Provider and the End-User acknowledge that the EULA is concluded between Application Provider and the End-User only, and not with Apple, and Application Provider, not Apple, are solely responsible for the Licensed Application and the content thereof. This Custom EULA may not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of the Effective Date (which Application Provider acknowledges has had the opportunity to review).

2. Scope of License: The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

3. Maintenance and Support: Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Application Provider and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty: Application Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. This EULA provides that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Application Provider's sole responsibility.

5. Product Claims: Application Provider and the End-User acknowledge that Application provider, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Application Provider's Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA does not limit Application Provider's liability to the End-User beyond what is permitted by applicable law.

6. Intellectual Property Rights: Application Provider and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Application Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: The End-User does represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: The name and address, and the contact information (telephone number; E-mail address) to which any End-User questions, complaints or claims with respect to the Licensed Application should be directed follows. Application Provider is Salvage Auto Data LLC. Application Provider address is 1712_Pioneer_Ave. Application Provider address is Ste_811. Application Provider address is Cheyanne. Application provider address is WY. Application Provider address is 82001. Application Provider contact information is 307. Application Provider contact information -222. Application Provider contact information -9589. Application Provider contact information is contact@. Application Provider contact information is wheelspotter.com.

9. Third Party Terms of Agreement: End-User must comply with any applicable third party terms of agreement when using Application Provider's application.

10. Third Party Beneficiary: Application Provider and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.

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Salvage Auto Data LLC's terms and conditions described below are included. If any conflict with Apple's Minimum Terms of Developer's End-user License Agreement, then Apple's Minimum Terms of Developer's End-user License Agreement will supersede the term or condition that conflicts.

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Salvage Auto Data LLC, except that which belongs to Hollander LLC. You shall treat as confidential and shall not disclose or reveal any of the app, or any trade secrets or other proprietary data or information related thereto, in any form to any person without the prior written consent of Salvage Auto Data LLC.

The number of devices to which the username received from Hollander LLC or another entity may be signed-in at one time may be limited to one.

Salvage Auto Data LLC is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason.

The app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your device and access to the app secure. We therefore recommend that you do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/viruses/malicious programs, compromise your device’s security features and it could mean that the app won’t work properly or at all.

You should be aware that there are certain things that Salvage Auto Data LLC will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Salvage Auto Data :LLC cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Salvage Auto Data LLC cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Salvage Auto Data LLC cannot accept responsibility.

With respect to Salvage Auto Data LLC’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Salvage Auto Data LLC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Salvage Auto Data LLC does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

THE APP AND SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

SALVAGE AUTO DATA LLC MAKES NO WARRANTY OR REPRESENTATION FOR, AND UNDERTAKES NO DUTY TO CONFIRM THE ACCURACY OR COMPLETENESS OF, ANY INFORMATION PROVIDED IN ORAL, WRITTEN OR IMAGE FORM TO YOU REGARDING ANY WHEEL OR PART, INCLUDING INFORMATION PROVIDED BY A THIRD PARTY.

IN NO EVENT WILL SALVAGE AUTO DATA LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING UNDER OR RELATING TO THIS AGREEMENT OR FROM THE USE OF, OR INABILITY TO USE, THE APP OR SERVICE.

IN NO EVENT WILL SALVAGE AUTO DATA LLC BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID UNDER THIS AGREEMENT AND SALVAGE AUTO DATA LLC RECEIVED.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.

January 3, 2020