Terms of Service

Terms of Service

AllAutoFobs.com TERMS & CONDITIONS

AllAutoFobs.com (“AAF”) is owned, operated, and managed division of an incorporated lock and security-focused entity. We are headquartered in Virginia, USA. We are proud to serve you nationally in you local area and promise to do our best to provide you with the best service possible. We provide website, applications for mobile devices, and software. By using the AAF Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions: Please read these conditions carefully. PRIVACY Please review our Privacy Notice, which also governs your use of AAF Services, to understand our practices. While we agree to not disclose your identity or personal information to third parties, by using the AAF or mobile app, you consent to present proof of your identity to the our local locksmith affiliates who will program your key. By using AAF services, you agree that all sales are void and may not be refunded in the event that you fail or refuse to present proof of your identity to the locksmith responsible for programming your FOB. ELECTRONIC COMMUNICATIONS When you use AAF Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other AAF Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included in or made available through any AAF Service, such as text, source code, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AAF or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AAF Service is the exclusive property of AAF and protected by U.S. and international copyright laws. TRADEMARKS Click here to see partial a list of our USPTO registered Trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any AAF service are trademarks or trade dress of AAF in the U.S. and other countries. AAF’s trademarks and trade dress may not be used in connection with any product or service that is not AAF’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AAF. All other trademarks not owned by AAF that appear in any of 1 6 AAF Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AAF. LICENSE AND ACCESS Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, AAF or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the AAF website, sales, and services. This license does not include any resale or commercial use of any AAF Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AAF Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by AAF or its licensors, suppliers, publishers, rightsholders, or other content providers. No AAF Service, nor any part of any AAF Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AAF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AAF without express written consent. You may not use any meta tags or any other “hidden text” utilizing AAF’s name or trademarks without the express written consent of AAF. You may not misuse the AAF Services. You may use the AAF Services only as permitted by law. The licenses granted by AAF terminate if you do not comply with these Conditions of Use or any Service Terms. YOUR ACCOUNT You may need your own AAF account to use certain AAF Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. AAF does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the AAF Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their AAF Household. AAF reserves the right to refuse service, terminate accounts, terminate your rights to use AAF Services, remove or edit content, or cancel orders in its sole discretion. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews and comments, including photos, videos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead AAF or its locksmith affiliates as to your identity. AAF reserves the right (but not the of 2 6 obligation) to remove or edit such content, but does not regularly review posted content. You are solely responsible for any content you post. If you do post content or submit material, and unless we indicate otherwise, you grant AAF a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AAF and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AAF for all claims resulting from content you supply. AAF has the right but not the obligation to monitor and edit or remove any activity or content. AAF takes no responsibility and assumes no liability for any content posted by you or any third party. INTELLECTUAL PROPERTY COMPLAINTS AAF respects the intellectual property of others. If you believe that your intellectual property rights have been infringed, please submit your complaint using our online Intellectual Property Infringment Notice Form. Use this form for claims involving trademarks or patents registered with the USPTO or for copyright matters registered with the US Copyright Office. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. If your claim involves common law, state, or foreign Intellectual property claims, you may submit written claims of copyright infringement to: Legal@AllAutoFobs.com, or by US Post at: LEGAL NOTICES AllAutoFobs.com 7000G NEWINGTON RD, PO BOX 1417 NEWINGTON, VA, 22122 – 0000, USA Written claims concerning copyright infringement must include the following information: • _A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; • _A description of the copyrighted work that you claim has been infringed upon; • _A description of where the material that you claim is infringing is located on the site; • _Your address, telephone number, and e-mail address; • _A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • _A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. RISK OF LOSS All purchases of physical items from AAF are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. of 3 6 RETURNS, REFUNDS AND TITLE AAF does not take title to returned items until the item arrives at our distributor. At our discretion, a refund may be issued without requiring a return. In this situation, AAF does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy. PRODUCT DESCRIPTIONS AAF attempts to be as accurate as possible. However, AAF does not warrant that product descriptions or other content of any AAF Service is accurate, complete, reliable, current, or error-free. If a product offered by AAF itself is not as described, your sole remedy is to return it in unused condition. PRICING “List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on AAF and other retailers. Certain products may have a “Discouted Price” displayed, the amount of which is is determined using recent price history of the product on the AAF website. With respect to items sold by AAF, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by AAF is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. APP PERMISSIONS When you use apps created by AAF, such as the AAF App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. Click here learn more about App Permissions CORPORATE CONTACTS & OWNERHIP AllAutoFobs.com is a registered DBA of Baldino’s Lock & Key Service, Inc., a Virginia for-profit Corporation. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE AAF SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AAF SERVICES ARE PROVIDED BY AAF ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AAF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AAF SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AAF SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AAF SERVICES IS AT YOUR SOLE RISK. of 4 6 TO THE FULL EXTENT PERMISSIBLE BY LAW, AAF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AAF DOES NOT WARRANT THAT THE AAF SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AAF SERVICES, AAF’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AAF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AAF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AAF SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AAF SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. DISPUTES Any dispute or claim relating in any way to your use of any AAF Service will be adjudicated in the State or Federal courts of Virginia, USA, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. APPLICABLE LAW By using any AAF Service, you agree that applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AAF. SITE POLICIES, MODIFICATION, AND SEVERABILITY We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. OUR ADDRESS AllAutoFobs.com 7000G NEWINGTON RD, PO BOX 1417 NEWINGTON, VA, 22122 – 0000, USA https://www.AllAutoFobs.com ADDITIONAL AAF SOFTWARE TERMS The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with AAF Services (the “AAF Software”). 1. Use of the AAF Software. You may use AAF Software solely for purposes of enabling you to use the AAF Services as provided by AAF, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the AAF Software into other programs or compile any portion of it in combination with other programs, or of 5 6 otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the AAF Software in whole or in part. All software used in any AAF Service is the property of AAF or its software suppliers and is protected by United States and international copyright laws. 2. Use of Third Party Services. When you use the AAF Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. 3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the AAF Software, whether in whole or in part. 4. Updates. We may offer automatic or manual updates to the AAF Software at any time and without notice to you. 5. Government End Users. If you are a U.S. Government end user, we are licensing the AAF Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the AAF Software are the same as the rights we grant to all others under these Conditions of Use. 6. Conflicts. In the event of any conflict between these Conditions of Use and any other AAF or third-party terms applicable to any portion of AAF Software, such as open-source license terms, such other terms will control as to that portion of the AAF Software and to the extent of the conflict. HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS AAF accepts service of subpoenas or other legal process only through AAF’s registered agent in Virginia. Subpoenas or other legal process may be served by sending them to CSC at the following address: Registered Agent: Mr. Gary Baldino AllAutoFobs.com, Inc. P.O. BOX 1417 NEWINGTON, VA, 22122 – 0000, USA Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamps.