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End User Terms

Last Modified: May 1, 2025

 

1. INTRODUCTION

These Web and Mobile App End User Terms (“End User Terms”) form a binding agreement between you (“End User” or “you“) and AutoIPacket, LLC (“iPacket“). These End User Terms govern your use of the mobile application (including all related documentation, the “App”) available through our website at https://autoipacket.com/ or www.ipacket.us and the iPacket’s proprietary digital automobile industry software platform and tools (collectively, the “Site”).

The App and Site are licensed, not sold, to you. If you are an End User employed by an entity that contracts with iPacket pursuant to an iPacket Service Agreement or other contract for the provision of Content and Services (as described herein) pursuant to an ‘Ordering Document’ as defined in the iPacket Service Agreement, then these End User Terms are in addition to your employer or contracting entity’s iPacket Service Agreement and such terms are incorporated herein by reference.  

BY CLICKING THE “AGREE” BUTTON, DOWNLOADING, INSTALLING OR USING THE APP OR SITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE END USER TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO A LEGALLY BINDING CONTRACT; AND (C) ACCEPT THESE END USER TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP OR SITE.

 

2. LIMITED LICENSE; GENERAL RULES RELATING TO CONDUCT

Subject to these End User Terms, iPacket hereby grants you a limited, non-exclusive, non-transferable license to access and make personal use of the App and Site solely for the purpose for which the App and Site are intended and in accordance with the App’s and Site’s respective documentation.  Any unauthorized use of the App, Site, or any Content and Services is strictly prohibited.

When you use the App or Site, you must comply with all applicable federal, state international laws, including the local laws in your country of residence (together referred to as “Applicable Laws“).

You agree that when using the App or Site, you will comply with all Applicable Laws and these End User Terms.

Without limitation, you agree not to:

    • 2.1. Use or attempt to use the App or Site in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; 
    • 2.2. Use or attempt to use the App or Site for any unlawful, unauthorized, fraudulent or malicious purpose, including but not limited to uses or attempted uses that could damage, disable, overburden, or impair any server, or the network(s) connected to any server or interfere with any other party’s use and utility of the App or Site; 
    • 2.3. Access or attempt to gain unauthorized access to the App or Site or any other accounts networks, servers or computer systems connected to the App or Site; 
    • 2.4. Copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, reverse-engineer, decompile, disassemble, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, extract or otherwise use any Content or Services or other technology, services, information or material obtained from or through the App or Site except as expressly permitted pursuant to these End User Terms; 
    • 2.5. Access or use the App or Site in any way that could or is intended to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation, their rights of privacy or publicity; 
    • 2.6. “Spam” others and/or “phish” for, collect and/or store personal information about others; 
    • 2.7. Create a false identity for the purpose of misleading others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
    • 2.8. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party other than yourself for any part or service offered by the App or Site if you are not explicitly authorized by such party to do so; 
    • 2.9. Provide any information which is false, misleading, omits material facts, or is otherwise incorrect or incomplete in any material respect; 
    • 2.10. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships; iPacket reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user’s access to this App or Site and/or the App or Site account You agree to indemnify iPacket automobile dealerships affiliated with iPacket in full and on-demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App or Site otherwise than in accordance with these End User Terms or Applicable Laws. You are responsible for all communications charges incurred by you in connection with the use of the App or Site.

 

3. IPACKET DATA/TRADEMARKS

The App or Site may provide you with access to iPacket’s products and services accessible thereon, and certain features, functionality, and content accessible on or through the App or Site (collectively, “Content and Services“).

The copyright of all materials and other information provided/made available on or through the App or Site including but not limited to all information, text, music, sound, photographs, graphics and video messages (referred to as “iPacket Data”) is owned by iPacket and various iPacket Data is licensed to iPacket by iPacket’s service subscribers. All rights in iPacket Data are reserved by iPacket or its subscribers. You can view, print or download extracts of the iPacket Data for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the iPacket Data without iPacket and the respective service subscriber’s express written permission and having first consulted with iPacket.

The trademarks, service marks, trade names and logos (“Trademarks“) contained on or in the App or Site are owned by iPacket or its various licensors. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of iPacket.  You do not acquire a license or any ownership rights to any Trademarks through your access or use of the App, Site, or Content and Services.

 

4. UPDATES

iPacket may from time to time in its sole discretion develop and provide App or Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that iPacket has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:

(a) the App or Site will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App, Site or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App or Site and be subject to all terms and conditions of these End User Terms.

 

5. LINK TO THIRD PARTIES AND THIRD-PARTY MATERIALS

The App and Site may contain links to websites operated by third parties (“Third Party Websites“). iPacket does not have any influence or control over any such Third Party Websites and is not responsible for and does not endorse any Third-Party Websites or their availability or contents.

The App or Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). iPacket may monetize some of these links through the use of third party affiliate programs. You acknowledge and agree that iPacket is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. iPacket does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

6. COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when you download, install, or use the App or Site, iPacket may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App or Site as further described in our Privacy Policy. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or Site or certain of its features or functionality. All information we collect through or in connection with the App or Site is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the App or Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

7. TERM AND TERMINATION

The term of these End User Terms shall commence when you first access the Content and Services through the App or Site and shall be terminated by iPacket or you in accordance with this Section 7.

    • 7.1. You may terminate the End User Terms as applicable to you by deleting the App and all copies thereof from your mobile device or delete your Account on the Site. 
    • 7.2. iPacket may terminate these End User Terms at any time without notice if it ceases to support the App or Site, which iPacket may do in its sole discretion. In addition, these End User Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these End User Terms.
    • 7.3. Upon termination:
      • 7.3.1. all rights granted to you under these End User Terms will also terminate; and
      • 7.3.2. you must cease all use of the App or Site and delete all copies of the App or Site from your mobile device and account. 
    • 7.4. Termination will not limit any of iPacket’s rights or remedies at law or in equity.
    • 7.5. iPacket may terminate these End User Terms and restrict your access to the App or Site including the Content and Services if you breach these End User Terms or the Site’s Terms of Use. 
    • 7.6. If you are an employee or End User provided access pursuant to an iPacket Service Agreement Ordering Document and that iPacket Service Agreement and/or Ordering Document is terminated or expired then these End User Terms shall also be terminated immediately and your access to the Content and Services may be restricted by iPacket without notice.

8. DISCLAIMER / LIABILITY

USE OF THE APP AND SITE ARE AT YOUR OWN RISK. THE APP AND SITE AND CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS:

    • 8.1. ON BEHALF OF ITSELF AND THE iPACKET’S SERVICE SUBSCRIBER’S DEALERSHIPS, SUBSCRIBER DISCLAIM: 
      • 8.1.1. ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP AND SITE; AND 
      • 8.1.2. ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP AND SITE (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON-INFRINGEMENT. INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE, ALL OF WHICH ARE HEREBY EXCLUDED, AND 
      • 8.1.3. WE DO NOT REPRESENT OR WARRANT THAT THE APP OR THE SITE OR ANY CONTENT AND SERVICES IS OR WILL BE ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE APP OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. iPACKET IS NOT LIABLE FOR THE LOSS, DESTRUCTION OR UNAUTHORIZED DISCLOSURE OF ANY DATA THAT YOU OR SOMEONE ON YOUR BEHALF PROVIDES TO THE APP OR THE SITE; AND 

        8.1.4. AUTOIPACKET, LLC ACCEPTS NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP AND SITE; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP OR THE SITE; AND 

      • 8.1.5. NEITHER iPACKET NOR ITS AFFILIATES, SERVICE SUBSCRIBERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), UNDER STATUTE OR OTHERWISE, AS A RESULT OF OR IN CONNECTION WITH THE APP OR THE SITE OR ANY CONTENT AND SERVICES, FOR ANY: INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); LOSS OF DATA; OR ANY LOSS OF GOODWILL OR REPUTATION.

 

Nothing in these End User Terms shall be construed as excluding or limiting the liability of iPacket for any liability which cannot be excluded or limited under Applicable Laws.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these End User Terms; your failure to comply with applicable laws; your violation of any rights of a third party; and your use of the App or Site and all Content and Services contained therein.  The foregoing indemnity obligations apply to the maximum extent permitted by applicable law; however, some jurisdictions do not permit certain indemnity obligations, so this section may not apply to you.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP OR THE SITE AND CONTENT AND SERVICES. YOUR ONLY REMEDY AGAINST US IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE APP OR SITE OR ANY CONTENT AND SERVICES IS TO STOP USING THE APP OR SITE. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE APP OR SITE OR ANY CONTENT AND SERVICES, OUR LIABILITY SHALL NOT EXCEED ONE-HUNDRED U.S. DOLLARS ($100.00).

 

9. SERVICE MODIFICATION OR SUSPENSION

iPacket reserves the right to modify, suspend or cease providing any services relating to the App published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

 

10. SUBMISSIONS

Personal data required for use of the App or Site may include your full name, email address and phone number as further described in our Privacy Policy and any additional personal data that we may collect with your consent in order to provide our Content and Services to you.

Any submissions, comments or other feedback provided by you (“Feedback”) are non-confidential and you must not submit any confidential or personally identifiable information through our feedback mechanisms.  By submitting any Feedback, you hereby grant us and our designees worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use any Feedback provided by you through our feedback mechanisms available on the App, Site or in our Content and Services. 

 

11. SALE OF PRODUCTS AND SERVICES

iPacket provides the App and Site but does not sell products or services to End Users directly. Any sale to you or the contracting entity on whose behalf you are accessing the Content or Services will be governed by an Ordering Document or other vendor accepted by you in connection with that sale.

 

12. SECURITY

Your use of this App and/or Site may include the option to establish an account (the “Account“) that will enable you to use certain services available through the App or Site as applicable. If you elect to establish an Account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form and choose a password and username. You are wholly responsible for maintaining the confidentiality of your password and Account and for any and all activities that occur under your Account. You are wholly responsible for all services purchased or charges authorized through your Account. You agree to immediately notify iPacket of any unauthorized use of your Account or any other breach of security with regard to the App of which you become aware. iPacket will not be liable for any loss that you may incur as a result of a third party using your Account.

 

13. PRICING

All prices in the App and Site are shown in U.S. Dollars; taxes are not included. All items and services are subject to availability. Prices displayed on the App may vary from those listed on the Site or other vendors or from advertised prices of iPacket through any and all sources of media.

 

14. ERRORS

iPacket does not warrant that any product, service, description, photograph, pricing or other information on the App or Site is accurate, current, complete, reliable, or error-free.

 

15. RESERVATION OF RIGHTS

As described in the first paragraph of these End User Terms, you acknowledge and agree that the App and Site are provided under license, and not sold, to you. You do not acquire any ownership interest in the App or Site under these End User Terms, or any other rights thereto other than to use the App or Site in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these End User Terms. iPacket and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App or Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these End User Terms.

 

16. GENERAL

  • 16.1. These End User Terms and including any Ordering Document incorporating iPacket Service Agreement terms (if applicable) constitute the entire agreement between you and iPacket concerning your use of the App and Site. In the event of any conflict or ambiguity between the terms of any Ordering Document incorporating an iPacket Service Agreement and these End User Terms, the Ordering Document incorporating the iPacket Service Agreement shall control. 
  • 16.2. iPacket reserves the right to update these End User Terms from time to time. If it does so, the updated version will be effective immediately, and the current End User Terms are available through a link in the App or Site. You are responsible for regularly reviewing these End User Terms so that you are aware of any changes to them and you will be bound by the updated End User Terms upon your continued use of the App or Site after such updated End User Terms have been posted within the App or Site, in iPacket’s discretion. The modified End User Terms will apply only to disputes that arise after the modification has been posted to the App or Site, as applicable. No other variation to these End User Terms shall be effective unless in writing and signed by an authorized representative on behalf of iPacket. 
  • 16.3. These End User Terms shall be governed by and construed in accordance with the laws of State of West Virginia and the United States and, to the extent permitted under Applicable Laws, you agree to submit to the exclusive jurisdiction of the federal or state courts serving Charleston, West Virginia and Kanawha County, West Virginia. 
  • 16.4. If any provision(s) of these End User Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
  • 16.5. iPacket’s failure to exercise or enforce any right or provision of these End User Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iPacket in writing. 
  • 16.6. Unless otherwise expressly stated, nothing in these End User Terms shall create any rights or any other benefits in favor of any person other than you and iPacket. 
  • 16.7. Your rights and duties under these End User Terms are not assignable by you without our written consent, and any purported assignment in violation of this Section is null and void.

 

17. CONTACT US

You can contact the AutoIPacket, LLC (iPacket) team at 3506 Murdoch Avenue, Parkersburg, WV 26101 or via email at support@autoipacket.com.

 

 

 

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