© 2019 Automation USA, LLC. All rights reserved. All other marks are the property of their respective owners. Privacy Policy.

Terms of Use

Last Revised: April 17, 2019

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Automation USA LLC offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

 

1. Introduction

 

1.1. Our Purpose

Our services offer our customers and forum members the ability to easily access beautiful and highly functional custom applications and computing technology, to manage and promote businesses, content and ideas, and have an overall great experience doing so – without being tech-savvy or a computer guru. As detailed below, we offer our customers numerous tools and features for creating, publishing and using digital content, online e-commerce platforms, mobile apps and other online and mobile online and mobile applications, tools and services. The online and mobile websites and content created by Members are collectively referred to herein as (“Member Platform(s)”). 

 

Automation USA LLC offers online and mobile services and tools, that let create, manage and or/use your own online and mobile presence.

 

1.2. Legal Agreement

These Automation USA Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the automationusa.net website(s) (“Automation USA Website”, and collectively – the “Automation USA Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Automation USA Website, the Automation USA mobile application (the “Automation USA App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Automation USA Website or the Automation USA App, collectively – the “Automation USA Services” or “Services”).

 

The Automation USA Terms constitute a binding and enforceable legal contract between Automation USA.com Ltd. and its affiliated companies and subsidiaries worldwide (“Automation USA”, “us” or “we”) and you in relation to the use of any Automation USA Services - so please read them carefully.

 

You may visit and/or use the Automation USA Services and/or the Automation USA App only if you fully agree to the Automation USA Terms - and by using and/or registering to any of the Automation USA Services, you signify and affirm your informed consent to these Terms of Use and any other Automation USA Terms applicable to your use of any Automation USA Services. If you do not read, fully understand and agree to the Automation USA Terms, you must immediately leave the Automation USA Website and avoid or discontinue all use of the Automation USA Services.

 

By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.automationusa.net/privacy-policy (“Privacy Policy”).

By visiting our website or using our application and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use, and our additional services’ legal terms. 

 

By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

 

1.3. User Account

In order to access and use certain sections and features of Automation USA's services, you must first register and create an account with Automation USA (“Member Account”).

 

If anyone other than yourself accesses your Member Account and/or any of your Member settings, they may perform any actions available to you (unless as specifically stated otherwise on the Automation USA Services), make changes to your Member Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

 

Therefore, we strongly encourage you to keep the log-in credentials of your Member Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your Member Account and/or Member Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

 

When registering your Member Account and using the Automation USA Services, you must provide accurate and complete information, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the Member Account and/or Member Content (as defined below) submitted to us. 

 

In case of a dispute on Member Account ownership, we reserve the right to determine ownership to a Member Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

 

​To use certain of our services, you need to create a member account.

 

You should keep your username and password protected and safe, and only allow people you trust to access your account or member settings.

 

All activities that occur under your member account are your responsibility.

 

The account information you provide us must be your own (or your company’s), and be accurate and complete.

 

When a member account is disputed, we may determine the ownership of such user account. 

 

2. Your Obligations

 

2.1. You represent and warrant that:

In order to use our services, there are certain obligations and conditions you need to meet.  

 

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.  

 

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Automation USA or your end users to do with it) is legal.

 

2.2. You undertake and agree to:

You will be responsible for your actions and for the actions of anyone who accesses your member account or member platform settings.

You agree that we or our partners may send you promotional messages and content. You can easily opt-out of receiving promotional messages by contacting us.

 

You allow us to use your membership for our promotional activities, and to determine the manner in which the services will be performed.

 

You agree that Automation USA has the right to impose and change price plans for its Services. Additionally, Automation USA may impose restrictions depending on your specific usage of the Service.

 

2.3. You agree and undertake not to:

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

 

Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

 

Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.

 

3. Content and Ownership

 

3.1. Your Intellectual Property

As between Automation USA and you, you shall own all intellectual property pertaining to your Member Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Automation USA does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your Member Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

 

You own all rights to your content. We may handle your content in order to provide you with our services.

 

3.2. Automation USA’s Intellectual Property

All rights, title and interest in and to the Automation USA Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Automation USA Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Automation USA.

 

Subject to your full compliance with the Automation USA Terms and timely payment of all applicable Fees, Automation USA hereby grants you, upon creating your User Account and for as long as Automation USA wishes to provide you with the Automation USA Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Automation USA Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Automation USA Terms, and solely within the Automation USA Services.

 

The Automation USA Terms do not convey any right or interest in or to Automation USA’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Automation USA Terms constitutes an assignment or waiver of Automation USA’s Intellectual Property rights under any law.

 

In addition to the above, certain fonts made available to you within the Automation USA Services, are licensed to Automation USA by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.Automation USA.com/about/mono-terms-of-use.

 

We own all rights in and to our services, content, data, technology and features.  

 

You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

 

Certain software which is available to you are licensed by a third party, make sure you read their terms as well.

 

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Automation USA Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Automation USA. By providing such Feedback to Automation USA, you acknowledge and agree that it may be used by Automation USA in order to: (i) further develop, customize and improve of the Automation USA Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Automation USA -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Automation USA may use to provide and improve its services, (vi) to enhance Automation USA data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Automation USA any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

 

We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

 

4. Privacy

Certain parts of the Automation USA Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Automation USA Services, Automation USA and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Automation USA Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

 

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information

 

5. Service Fees

 

5.1. Paid Services

The use of certain Automation USA Services may be subject to payment of particular fees, as determined by Automation USA in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Automation USA will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

​Automation USA reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Automation USA shall have the right to automatically and without notice renew your subscription to such Automation USA Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Automation USA. To the extent permitted by law (and unless specified otherwise by Automation USA in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Automation USA Services, or to any payments or purchases made by you. If Automation USA is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Automation USA is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorize Automation USA (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Automation USA or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

 

You may keep a credit card stored with Automation USA to pay for Paid Services (“Stored Card”). You will be able to identify each Stored Card by its last four digits as in your Account Settings Page.

 

Some of our services cost money. We will let you know how much beforehand

 

Our prices are stated in U.S. Dollars and before taxes, unless otherwise said. 

 

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

 

5.2. Invoices

Automation USA and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Automation USA (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 

 

Invoices for our paid services will be available in your member account. 

 

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off  the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Automation USA will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Automation USA will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

 

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.  

You may turn-off the auto-renewal option or cancel your Renewing Paid Services at any time via your User Account or by visiting Automation USA Help Center.

Custom domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Automation USA Services you use (whether or not such Automation USA Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Automation USA Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Automation USA Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Automation USA in relation to the discontinuation of any Automation USA Services or Third Party Services, for whatever reason.

 

To make sure you don’t lose your domain or experience interruptions with your website at the end of your subscription period, we’ll automatically renew it. 

 

Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

 

5.4. Money-Back Guarantee

If you are not satisfied with Automation USA Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Automation USA Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Automation USA services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Automation USA Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Automation USA Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Automation USA receives such notice within such Refund Period, Automation USA will refund to you the amount Automation USA charged you for such Automation USA Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Automation USA will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Automation USA Services actually received, as permitted by law.

 

Please note: Certain services purchased on or through the Automation USA Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Automation USA Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Automation USA will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services. 

 

We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. 

 

Please carefully check the terms of each service before buying, since some services are non-refundable.

 

5.5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Automation USA account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Automation USA Services may be automatically disabled or terminated. 

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). 

 

Your use of the Automation USA Services will not resume until you re-subscribe for any such Automation USA Services, and pay any applicable Fees in full, including any fees and expenses incurred by Automation USA and/or any Third Party Services for each Chargeback received (including Fees for Automation USA Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to Automation USA, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Automation USA Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Automation USA Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

 

Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.

 

Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

 

6. Cancellation

 

6.1. Cancellation by Member

You may discontinue to use and request to cancel your User Account and/or any Automation USA Services at any time, in accordance with the instructions available on the Automation USA Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Automation USA Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

 

For more information about cancelling your Paid Services, please visit Automation USA Help Center.

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals.

 

6.2. Cancellation by Automation USA

Failure to comply with any of the Automation USA Terms and/or to pay any due Fee shall entitle Automation USA to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Automation USA Services (e.g., Paid Services) or Third Party Services to you. 

 

If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.

 

6.3. Loss of Data, Content and Capacity

If your User Account or any Automation USA Services or Third Party Services related to your User Account are cancelled (whether at your request or at Automation USA’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Automation USA shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Automation USA Services following their cancellation, as determined by Automation USA in its sole discretion.

 

If your account or any of your services are cancelled, it may result in loss of content and data. You are responsible to back up your data and materials.

 

7. E-Commerce 

The Automation USA Services also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “E-Commerce”).

 

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.

 

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

 

You can use our services to sell your products, content and services online. 

 

You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

 

9. Third Party Services

The Automation USA Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Automation USA Website (including the Automation USA App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).

 

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Automation USA Services, offered separately by Automation USA or persons certified or authorized by Automation USA, or otherwise offered anywhere on the Automation USA Services), Automation USA merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Automation USA will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

 

You acknowledge that such services may require the payment of additional amounts to Automation USA and/or to the providers of such Third-Party Services.

 

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
 

While we hope to avoid such instances, Automation USA may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Automation USA Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

 

Our services enable you to get various services and tools from third parties that are not affiliated with us.

 

Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.

 

We can remove services at any time, which may affect your website, user account or overall experience. 

10. Misconduct and Copyrights

10.1. Misconduct and Abuse

When using the Automation USA Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Automation USA with respect thereto.

 

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Automation USA Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Automation USA, and that Automation USA may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

 

If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

 

10.2. Copyrights

Automation USA acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Automation USA to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

In the event that Automation USA receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Automation USA’s sole reasonable discretion. Automation USA reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

 

We respect the intellectual property rights of others.

 

If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.

 

If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account. 

 

11. Disclaimer of Warranties

We provide the Automation USA Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Automation USA Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Automation USA Services – so please be sure to verify those before using or otherwise engaging them.

 

Automation USA may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Automation USA be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Automation USA Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Automation USA shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the Automation USA Services and/or connecting and/or dealing with any Third Party Services through or in connection with Automation USA Services, and that Automation USA cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

Automation USA does not recommend the use of the Automation USA Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

Please note that certain Automation USA Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Automation USA Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Automation USA Services at this BETA stage signifies your agreement to participate in such Automation USA Services’ BETA testing.

 

We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.

 

We may monitor and edit your website and content.

 

​  However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

 

There are risks in using our services or anyone else’s services. You accept such risks.

 

Some of our services are still in BETA, and may contain bugs or experience interruptions.

 

12. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Automation USA, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Automation USA Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Automation USA Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Automation USA Services; (6) events beyond the reasonable control of Automation USA, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Automation USA Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Automation USA’s services to you, and such limitations will apply even if Automation USA has been advised of the possibility of such liabilities.

 

Subject to applicable law, we will not be liable for any damages.

 

13. Indemnity

You agree to defend, indemnify and hold harmless Automation USA, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Automation USA Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Automation USA Services, including, without limitation, Automation USA Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

 

If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

 

14. General

 

14.1. Changes & Updates

Automation USA reserves the right to change, suspend or terminate any of the Automation USA Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Automation USA Services (including removal of any materials created by you in connection with the Automation USA Services) for any reason and/or change any of the Automation USA Terms with or without prior notice - at any time and in any manner.

 

You agree that Automation USA will not be liable to you or to any third party for any modification, suspension or discontinuance of those Automation USA Services.

 

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Automation USA Services without enabling such changes, or provide you with alternative Services.

 

We may make changes to our services or to these terms at any time.

 

14.2. Governing Law & Jurisdiction; Class Action Waiver

The Automation USA Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Automation USA Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Automation USA Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Subject to any applicable law, all disputes between you and Automation USA shall only be resolved on an individual basis and you shall not have the right to bring any claim against Automation USA as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   

Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Automation USA will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.

These terms and our relationship shall be governed by the laws of the State of Israel. Any disputes between us may only be brought before the courts of Tel Aviv, Israel.

 

14.3. Notices

We may provide you with notices in any of the following methods: (1) via the Automation USA Services, including by a banner or pop-up within the Automation USA Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Automation USA’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

 

14.4. Relationship

The Automation USA Terms, and your use of the Automation USA Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Automation USA and you.

 

We may provide you with notices via our services, by e-mail or through any other contact means you provided us.

 

Accepting these terms and services does not form a partnership or any special relationship between us

 

14.5. Entire Agreement

These Terms of Use, together with the Automation USA Terms and any other legal or fee notices provided to you by Automation USA, shall constitute the entire agreement between you and Automation USA concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Automation USA and you, including those made by or between any of our respective representatives, with respect to any of the Automation USA Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Automation USA in entering into any of the Automation USA Terms.

 

These terms (together with additional terms) shall constitute the sole and entire agreement between us

 

14.6. Assignment

Automation USA may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Automation USA Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Automation USA. Any attempted or actual assignment thereof without Automation USA’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either Automation USA or you the right to cancel any Automation USA Services or Third Party Services then in effect.

 

We may assign our rights and obligations to other parties. You may only do so with our prior written consent

 

14.7. Severability & Waivers

If any provision of the Automation USA Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Automation USA Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

These terms are independent from each other, in case any of them is found invalid.

 

14.8. Interpretation

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Automation USA Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

14.9. Customer Service Contact

 

To get in touch with us - please use any of the options listed below: