TERMS & CONDITIONS
THIS IS A LEGAL AGREEMENT BETWEEN YOU AS (“USER”) AND AUTOBULLPEN.COM SERVICE and its affiliate sites stating the terms that govern your use of Autobullpen.com’s service and affiliate sites. This agreement together with all updates, additional terms, rules and policies, collectively constitute the “Agreement” between you and Autobullpen.com. You must accept and abide by these terms as presented to you: changes, additions, or deletions are not acceptable, and Autobullpen.com may refuse access to its service and affiliate sites for non-compliance with any part of this agreement.
1. Autobullpen.com provides a website service to individuals and automotive dealers concerning employment opportunities. Individuals seeking employment and/or a different employer may anonymously and confidentially post information about their employment background without the risk of their employer knowing they are looking for new employment. Automobile dealers may similarly look for potential new employees anonymously and confidentially without the risk of their current employees becoming aware of the fact that their searching for a replacement. Autobullpen.com facilitates a confidential meeting between prospective employees and employers.
2. Autobullpen.com website and service is available for individuals aged 18 years or older. This service and website is not available for any individuals younger than age 18.
3. Candidates agree to provide accurate, current and complete information required to post your employment request with Autobullpen.com and at other points as may be required in the course of seeking employment opportunities. You further agree to maintain and update your registration data as required to keep it accurate, current and complete. Autobullpen.com may terminate your rights to any or all of the service provided by the website if any information you provide is false, inaccurate or incomplete. You agree that Autobullpen.com may store and use the registration data you provide for use in maintaining your account.
4. Once you have registered/posted your employment opportunity information you will receive a user account password. You are solely responsible for maintaining the confidentiality and security of your password and account. You should not reveal your account information or password to anyone else or use any one else’s account. Autobullpen.com shall not be responsible for any losses arising out of the unauthorized use of your password and/or account.
5. You will not access this service by any means other than through the password provided to you by Autobullpen.com. You shall not access or attempt to access the website or any other user, and/or registrants’ account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of any of the software used in the Autobullpen.com service for any purposes including obtaining unauthorized access to the website and/or information contained in the website relating or concerning anyone other than your own personal account. Violations of system or network security may result in civil or criminal liability.
6. Your use of Autobullpen.com’s service and website includes the ability to enter into agreements electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL SERVICES YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATIONS, POLICIES, CONTRACTS AND APPLICATIONS.
7. You agree that Autobullpen.com’s website and service contains proprietary information and material that is owned by Autobullpen.com and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information and materials in any way whatsoever except for use of the service in compliance of the terms of this agreement. No portion of the service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service in any manner and you shall not exploit the service in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity.
8. If you fail, or Autobullpen.com suspects that you have failed, to comply with any of the provisions of this agreement, including but not limited to failure to make payment of fees as due, failure to keep information found in the website confidential, and/or violation of any of the terms contained within this agreement, Autobullpen.com, at its sole discretion, without notice to you may: (i) terminate this agreement and/or your account and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) terminate and preclude access to the service and website.
9. Autobullpen.com reserves the right to modify, suspend, or discontinue the service and/or website at any time with or without notice to you, and Autobullpen.com will not be liable to you or any third party should it exercise such rights.
10. Autobullpen.com is controlled and operated from its offices in Sacramento, California. You agree to comply with all local, state, federal and national laws, statutes, ordinances, and regulations that apply to the use of the website and the service provided therein.
11. Autobullpen.com reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to Autobullpen.com’s right to cooperate with any legal process relating to your use of the service and/or third party claim that your use of the service is unlawful and/or infringes such third party rights). You agree that Autobullpen.com has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Autobullpen.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement.
12. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE PROVIDED BY AUTOBULLPEN. COM IS AT YOUR SOLE RISK. THE SERVICE PROVIDED HEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
13. In no case shall Autobullpen.com, its directors, officers, employees, affiliates, agents, contractors, and attorneys, be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the services provided herein or for any other claim related in any way to your use of the services provided herein, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your failure to obtain employment opportunities, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, Autobullpen.com’s liability shall be limited to the extent permitted by law.
14. Autobullpen.com shall use reasonable efforts to protect information submitted by you in connection with the services provided in the website, but you acknowledge and agree that your submission of such information is at your sole risk, and Autobullpen.com hereby disclaims any and all liability to you for any loss or liability relating to the release of such information in any way.
15. BY USING THE SERVICES PROVIDED UNDER THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD AUTOBULLPEN.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND ATTORNEYS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY ACTION TAKEN BY AUTOBULLPEN.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM AUTOBULLPEN.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND ATTORNEYS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES PROVIDED HEREIN, YOUR FAILURE TO FIND AN EMPLOYEE, YOUR FAILURE TO FIND EMPLOYMENT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AUTOBULLPEN.COM’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
16. Autobullpen.com reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this agreement and to impose new or additional rules, policies, terms or conditions on your use of the website. Such updates, revisions, supplements, modifications, additional rules, policies, terms, fees, and conditions (collectively referred to in this agreement as “(additional terms)” will be effective immediately and incorporated into this agreement. Your continued use of the Autobullpen.com website following will be deemed to constitute your acceptance of any and all additional terms. All additional terms are hereby incorporated into this agreement by this reference.
17. The laws of the State of California, excluding its conflicts of law rules, govern these terms of the agreement and your use of the website provided herein. Your use of this website may also be subject to other local, state, national or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Autobullpen.com or relating in any way to your use of the website provided by Autobullpen.com resides in the Courts of the State of California, County of Sacramento.
18. These terms of service constitute the entire agreement between you and Autobullpen.com and govern your use of the service provided by Autobullpen.com, superseding any prior agreements between and Autobullpen.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. If any part of these terms of service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect. Autobullpen.com’s failure to enforce any right or provisions in these terms of service will not constitute a waiver of such provision, or any other provision of these terms of service. If any provision of this agreement is found by a Court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Autobullpen.com will not be responsible for failures to fulfill any obligations due to causes beyond its control.
19. Arbitration. In the event of litigation between the parties, each party by execution of this Agreement waives its right to a jury trial. Each agrees to submit all issues to binding arbitration governed by the American Arbitration Association. It is agreed by and between the parties hereto that Sacramento County is the proper venue for the arbitration hearing. Each party has the right to select one attorney who is licensed to practice law in the State of California to serve as arbitrator. The two arbitrators selected by the parties shall then select a third arbitrator who is also licensed to practice law in the State of California. If the two arbitrators cannot agree to who shall serve as the third arbitrator, then the parties may petition the Sacramento Superior Court for appointment of the third arbitrator
20. In the event that a dispute arises between Autobullpen.com, the candidate and/or the automotive dealer, the prevailing party shall be entitled to attorneys’ fees and costs.
21. CANDIDATES AND DEALERS AGREE TO KEEP ALL INFORMATION CONCERNING EACH PARTY PRIVATE AND CONFIDENTIAL.
