Effective Date: January 01, 2014
Welcome to TenForTek. We invite you to use our Service subject to your review and acceptance without modification of the terms, conditions, and notices contained herein. By accessing TenForTek Automotive ("TenForTek", "We", "Us", "Our" or "Site") you are agreeing that you are capable and responsible for compliance with all such terms as stated and implied in this document. If you do not agree with these terms, understand that you do not have any right to access our site and or use the Service that TenForTek provides. Once again, welcome to TenForTek Automotive.
1. SERVICE DESCRIPTION
TenForTek provides an all-encompassing vehicle maintenance management service ("Service"). This Service tracks, manages and analyzes all data associated with a vehicle (invoices, trips, service vendors, library, journal recordings and more) for individual and multiple vehicles as well as corporate fleets.
2. ACCEPTABLE USER POLICY (AUP) / CONDUCT
You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TenForTek is not responsible for third party access to your account that results from theft or misappropriation of your account. TenForTek and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. TenForTek does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use TenForTek only with permission of a parent or guardian.
You agree that you represent and warrant to Us that (i) all information you provide for purposes of establishing and maintaining the Services is accurate; (ii) if you are an individual, you are at least eighteen years of age; (iii) you will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and (iv) you will not provide access to the Services to any person (including a natural person or government or private entity) located in or a national of any embargoed or highly restricted country under United States Export Regulations, which include as of September, 2005, Cuba, Iran, Libya, North Korea, Sudan or Syria. You agree that We may, without notice and without liability to you report to the appropriate governmental authorities any conduct by you that We reasonably believe violates applicable law, and provide any information that We have about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
You further agree to NOT (i) use the Service for illegal purposes or for promotion of dangerous activities;(ii) impersonate any person or entity, including, but not limited to, an TenForTek staff member, or falsely state or otherwise misrepresent your affiliation with TenForTek or any other person or entity;(iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;(iv) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;(v) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;(vi) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;(vii) use the Service as a forwarding means to another website;(viii) allow usage by others in such a way as to violate these Terms of Service;(ix) engage in commercial activities within the Service or on behalf of TenForTek without prior approval, including but not limited to the following activities: (1) displaying a banner that is designed to profit you or any other business or organization; or (2) displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites;(x) employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements within the Service;(xii) solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;(xiii) exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person's entries or other content when you have not been granted the right to do so (xiv) access (or attempt to access) any of the Service by any means other than through the interface that is provided by TenForTek (unless you have been specifically allowed to do so in a Separate Agreement), or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or;
4. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
TenForTek may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TenForTek and TenForTek is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TenForTek is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TenForTek of the site or any association with its operators.
Certain services made available via TenForTek are delivered by third party sites and organizations. By using any product, service or functionality originating from the TenForTek domain, you hereby acknowledge and consent that TenForTek may share such information and data with any third party with whom TenForTek has a contractual relationship to provide the requested product, service or functionality on behalf of TenForTek users and customers.
5. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TenForTek content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TenForTek and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TenForTek or our licensors except as expressly authorized by these Terms.
6. ELECTRONIC COMMUNICATIONS
Visiting TenForTek or sending emails to TenForTek constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
TenForTek has no obligation to monitor the Communication Services. However, TenForTek reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TenForTek reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. TenForTek reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TenForTek's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TenForTek does not control or endorse the content, messages or information found in any Communication Service and, therefore, TenForTek specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TenForTek spokespersons, and their views do not necessarily reflect those of TenForTek.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
7. MATERIALS PROVIDED/POSTED
TenForTek does not claim ownership of the materials you provide to TenForTek (including feedback and suggestions) or post, upload, input or submit to any TenForTek Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TenForTek, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. TenForTek is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TenForTek's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. By submitting to TenForTek any ideas, suggestions, documents and/or proposals ("Contributions") through the "Contact Us", "Feedback" interface, email, fax and or other such methods, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TenForTek is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TenForTek shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) TenForTek may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TenForTek without any obligation of TenForTek to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from TenForTek under any circumstances.
8. FEES / TAXES
(a) Recurring Fees. The fee for the Services specified in your Order Form(s) is the "Recurring Fee". Beginning on the Services Commencement Date, unless otherwise specified on your Order Form, you agree to pay the Recurring Fee in advance on the first day of each billing cycle (the "Due Date"), without invoice. The billing cycle for Recurring Fees is specified in the Order Form. (b) Non-Recurring Fees. Where applicable, you agree to pay non-recurring fees that relate to the services you agreed to which may include, some, all or none of the following: Service and or Product fees, Services Charge Back Fees, Reinstatement Fee (as defined below) and all other non-recurring fees relating to the Services are collectively referred to as "Non-Recurring Fees". You agree to pay Non-Recurring Fees when they are incurred. (c) Fee Increases. Recurring Fees and Non-Recurring Fees are collectively referred to as the "Fees" or individually as "Fee". We may increase any or all of the Fees by giving notice to you not less forty-five (45) days prior to the beginning of a Renewal Term applicable to the particular Fee which is subject to increase. Such Fee increase shall be effective on the first day of the applicable Renewal Term. Unless you give notice to Us of your intent not to renew the Services as provided in Section 3, you are deemed to have accepted the increased Fee for the applicable Renewal Term and any subsequent Renewal Terms (unless the Fees are increased in the same manner for a subsequent Renewal Term). (d) Payment of Fees. Payment of the Fees shall be made to Us by credit or debit card (the "Card") in United States dollars. You authorize Us or an agent appointed by Us to charge Fees to the Card during the Term. We may charge the Card for (i) Recurring Fees five (5) days prior to or after the Due Date and (ii) Non-Recurring Fees as incurred by you. At Our option, We may abstain from charging the Card until the next Due Date or until the Fees exceed $50.00. Fees paid are nonrefundable. Fees charged but not disputed within sixty (60) days after the date that they are charged are conclusively deemed accurate. You are required to provide Us with changes to billing information, such as credit card expiration and change in billing address. Unpaid Fees shall accrue interest at the lesser of the highest rate allowed by applicable law and 1.5% per month. You agree to pay our reasonable costs of collection of overdue amounts, including collection agency fees, attorneys' fees and court costs. (e) Taxes. You agree to pay to Us all sales, VAT or similar tax imposed on the provision of the Services (but not in the nature of an income tax on Us), regardless of whether We fail to collect the tax at the time the Services are provided.
9. INTERNATIONAL USERS
The Service is controlled, operated and administered by TenForTek from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TenForTek Content accessed through TenForTek in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless TenForTek, as well as Our affiliates, and each of the respective officers, directors, employees, agents, partners, shareholders and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TenForTek reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TenForTek in asserting any available defenses.
11. LIABILITY DISCLAIMER
12. SUSPENSION OF SERVICES
You agree that We may suspend the Services if: (i) We reasonably believe that the Services are being used in violation of the AUP; (ii) you fail to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) We reasonably believe that suspension of the Services is necessary to protect Our network or other customers, (iv) as required by a law enforcement or government agency, or (v) if the Card cannot be charged for payment in accordance with Our fees. You agree to pay a reasonable fee for reinstatement ("Reinstatement Fee") following any suspension.
13. TERMINATION/ACCESS RESTRICTION
TenForTek reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TenForTek as a result of this agreement or use of the Site. TenForTek's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TenForTek's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TenForTek with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TenForTek with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TenForTek with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
TenForTek reserves the right, in its sole discretion, to change the Terms under which TenForTek is offered at any time. The most current version of the Terms will supersede all previous versions. TenForTek encourages you to periodically review the Terms to stay informed of our updates for any updates, which shall be legally binding upon you when we post them, whether or not we provide you notice of such changes. Your continued use of our service after any update to our Terms of Service will be deemed to represent your consent to be bound by, and in agreement with, the new Terms of Service.
TenForTek welcomes your questions or comments regarding the Terms:
315 Meigs Rd, A300
Santa Barbara, CA 93109
Form: Please use contact form