TERMS CONDITIONS REFUNDS
Terms of Service
By using the My Auction Spotter website, the My Auction Spotter subscription and any related My Auction Spotter products and services (“Service”) My Auction Spotter), My Auction Spotter you (“Subscriber,” “you” or “your”) are acknowledging and agreeing to be bound by the following terms and conditions (“Terms of Service”).
My Auction Spotter may update and change the Terms of Service periodically without notice.
Consequently, you should review the most current version of the Terms of Service at: MyAuctionSpotter.com/terms periodically. We will notify you about significant changes in the way we operate by sending a notice to the email address specified in your My Auction Spotter primary account holder account or by placing a prominent notice on our site. You should sign on to your account regularly for these and other important announcements. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of the Terms of Service may result in the immediate termination of your use of the Service.You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- You must be a human to use the Service. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the account registration process.
- Your username and password to your account with the Service (your “Credentials”) may only be used by you. A single account shared by multiple people is not permitted.
- You are responsible for maintaining the security of your Credentials. My Auction Spotter is not liable for any loss or damage in connection with the loss or distribution of your Credentials.
- You are responsible for all content posted and activity that occurs under your Credentials.
- You may not use the Service in any way that violates applicable law or regulation, or for any unauthorized purpose, including but not limited to site scraping, uploading, posting, hosting, or transmitting unsolicited email, SMSs, or “spam” messages, threats, worms or viruses or any code of a destructive nature.
- You agree that My Auction Spotter and its parents, affiliates, subsidiaries, and customers may contact you using the contact information you provide to My Auction Spotter.
- Technical support is only provided to paying account holders and is only available via email or, at My Auction Spotter’s sole discretion, phone.
- You understand that the technical processing and transmission on the Service, including your content and links to other services, may be unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by My Auction Spotter) of other My Auction Spotter customers, we reserve the right to immediately disable your account or your bandwidth until you can reduce your bandwidth consumption.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT My Auction Spotter IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF My Auction Spotter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) VIOLATION OF THE TERMS OF SERVICE, COPYRIGHT, OR
OTHER RIGHTS OF THIRD PARTY SERVICES YOU MAY LINK TO WITH YOUR ACCOUNT, (VI) OR ANY OTHER MATTER RELATING TO THE SERVICE.
- You agree to indemnify, hold harmless and defend My Auction Spotter, its affiliates, contractors, and licensors, and their respective directors, officers, employees and agents, at your expense, from and against any and all claims, actions, proceedings, and suits and expenses, including attorneys’ fees, arising from your use of My Auction Spotter, its products and services, and the My Auction Spotter website, including but not limited to your violation of the Terms of Service.
- The failure of My Auction Spotter to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and My Auction Spotter and govern your use of the Service, superseding any prior agreements between you and My Auction Spotter (including, but not limited to, any prior versions of the Terms of Service or any verbal or oral commitments).
- Questions about the Terms of Service should be sent via email to email@example.com email.
Payment, Refunds, Upgrading and Downgrading Terms
- A PayPal account is required for paying for your use of the Service and you are responsible for PayPal fees.
- Your use of the Service automatically renews in advance on a monthly basis, as a dealer $99.00 is charged to your PayPal account on file and is nonrefundable.
- No refunds or credits will be issued for partial months of Service, upgrades or downgrades, or for months of unused Service. PayPal fees are not included in the $99.00 per month use fee.
- Any changes to your use of the Service will take place immediately. Your PayPal account on file will be charged the new rate for the next billing cycle.
- You are responsible for payment of all sales, city, state and federal taxes, levies, or duties imposed by taxing authorities. The foregoing are not included in the fees charged by My Auction Spotter.
Cancellation and Termination
- You are solely responsible for properly canceling your Service via the My Auction Spotter web site via PayPal. An email or phone request to cancel your Service is not considered cancellation. You can cancel your Service at any time by clicking on the Log In link in the global navigation bar at the top of the screen.
- All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your use of the Service is cancelled.
- If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. No refunds will be issued for partial month’s service.
- My Auction Spotter has a zero tolerance policy for chargebacks. Any customer disputing a PayPal payment results in an immediate suspension of the My Auction Spotter account.
- My Auction Spotter may suspend or terminate your use of the Service without notice.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any My Auction Spotter customer, employee, member, or officer will result in immediate account termination.
- Termination of the Service may result in the deactivation of your Credentials and account.
- Cancellation, suspension or termination of your use of the Service does not release you of your obligations or any liability under the Terms of Service.
Modifications to the Service and Prices
- My Auction Spotter may modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- All Service prices are subject to change upon thirty (30) days’ notice. Such notice may be posted on the My Auction Spotter website www.myauctionspotter.com or in the Service itself.
- My Auction Spotter is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Third Party Internet Web Sites
My Auction Spotter may from time to time provide links and pointers to web sites maintained by affiliates of My Auction Spotter or other third parties (“Third Party Sites”) and may from time to time provide third party material on this Service. These Third Party Sites and third party materials are provided as a convenience only. My Auction Spotter has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and My Auction Spotter is not responsible for any information provided at any Third Party Sites. My Auction Spotter makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that My Auction Spotter has provided a link to any Third Party Site on this Web Site does not constitute an endorsement, authorization, sponsorship or affiliation by My Auction Spotter with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. My Auction Spotter expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.
Copyright and Content Ownership
My Auction Spotter, its partners, suppliers and third party services providers own all title, interest, and intellectual property rights in and to the Service and the content included in or posted in the Service. You agree not to modify, adapt or hack the Service or reproduce, duplicate, copy, sell, resell or exploit any portion of the Service. You give My Auction Spotter and its affiliates a license to use your information and content in the provision of the Service and to compile, aggregate, analyze and utilize data for any lawful purpose, provided that such use does not specifically identify you.
You are responsible for compliance with any terms or conditions of third party services, regardless of whether you have linked to them from the Service or not.
The fees for your use of the Service may not include access to or fees for any third party services such as CARFAX® or AutoCheck® however, My Auction Spotter may charge an integration fee for your use of third party services. You are responsible for all third party fees relating to the use of the Service. My Auction Spotter is solely providing mobile access to your existing accounts with third party services. Third parties will charge you for services obtained through the Service (i.e. any vehicle history reports run through the Service) in accordance with the third party terms and conditions of those services.
My Auction Spotter does not prescreen content but My Auction Spotter and its designee have the right, but not the obligation, in its sole discretion, to remove any links or content it deems inappropriate in connection with the Service.
You agree to abide by all applicable intellectual property law and all other applicable state, federal and international law.
© 2017 by My Auction Spotter a subsidiary of Haas Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from My Auction Spotter.
My Auction Spotter is committed to providing you with a positive experience during your visit to the website located at www.myauctionspotter,com WEBSITE).com (or any successor to it) and any services, content or functionality available through or on the website and any My Auction Spotter mobile applications (collectively, the “My Auction Spotter Service”), while respecting and striving to protect your personal privacy.
Scope of Policy
The My Auction Spotter Service is intended for use by an adult general audience. The My Auction Spotter Service is not directed to children under the age of 13 and My Auction Spotter does not knowingly solicit personal information from or market to children under the age of 13. If we learn that anyone under the age of 13 has provided any personal information through the My Auction Spotter Service, we will use commercially reasonable efforts to promptly delete it.
Information Collection, Usage and Disclosure
We collect some personally identifiable information about you as a subscriber to the My Auction Spotter Service. For example, when you register for My Auction Spotter, we ask for information such as your name, company or dealer name, email address, billing address, credit card information and phone number. We also collect information such as email addresses of those who communicate with us via email, aggregate information on what pages users’ access or visit, and information provided voluntarily by the user (such as survey information and/or account profile information). My Auction Spotter mobile applications may also disclose certain permissions for certain device settings such as CAMERA, RECORD_AUDIO, READ_PHONE_STATE, GET_ACCOUNTS and READ_CONTACTS.
The information we collect is used to improve the content and quality of the My Auction Spotter Service. My Auction Spotter uses information that is collected for the following general purposes: to provide and improve products and services, billing, identification and authentication, contact, and research. From time to time, we may supplement the information you give us with information from other sources, including any information from any of our affiliated companies, in order to validate the personal information. Information is not shared with or sold to others for commercial purposes, except to provide the products or services you’ve requested, when we have your permission, or under the following circumstances:
We may share personal and/or aggregated information that you have provided with other business divisions within the Haas LLC. group of companies.
It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law, regulation or governmental request.
We may share and/or transfer information if My Auction Spotter is acquired by or merged with another company.
Aggregate Data and Tracking
From time to time, we may analyse browsing information and aggregate data for quality assurance, contextual advertising and other similar activities. We do not collect, and it is not our current policy to allow third parties to collect “targeted” cookies (persistent identifiers tracking users over time across different sites and services) for marketing purposes. In addition, we do not currently respond to “Do Not Track (DNT)” browser signals.
My Auction Spotter takes commercially reasonable technical, physical and administrative measures to protect the confidentiality, integrity and security of your personally identifiable information. Of course, we cannot guarantee the security of your personally identifiable information on the Internet. The password protected areas of the My Auction Spotter Service are secured by industry standard encryption. However, it is your responsibility to maintain the confidentiality of your password(s) and other user credentials. You are also required to login to your My Auction Spotter account after acertain period of time has elapsed to protect you against others accidentally accessing your account.
The My Auction Spotter Service and related content and materials are the property of My Auction Spotter or its licensors, and are protected under applicable intellectual property and other laws, including under the appropriate jurisdictions’ copyright and trademark laws, and international conventions. Except as explicitly provided by My Auction Spotter, you may not transmit, display, reproduce, distribute, modify, create derivative works from, or otherwise exploit the My Auction Spotter Service. Automated means, such as but not limited to scrapers or spiders, may not be used to collect and/or index any information contained on our sites. You may not (a) reproduce, (b) store a significant portion, (c) distribute copies of, (d) frame content of, or (e) incorporate into another website, materials or intellectual property from our sites or services without the prior written consent of My Auction Spotter.
All personally identifiable information you provide to My Auction Spotter is secured on servers with restricted access. We reserve the right to use third party agents and service providers, who are bound by strict confidentiality guidelines, to perform storage and processing functions. We will store your personal information for as long as there is a business need for it in accordance with applicable record retention policies and a range of legal and regulatory record keeping requirements.
Opt-Out and Changes
You have choices about how we use your personal information. My Auction Spotter may periodically update this policy. Consequently, you should review the Policy periodically. We may also notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your My Auction Spotter primary account holder account or by placing a prominent notice via the My Auction Spotter Service. You should sign on to your account regularly for these and other important announcements. To optout of marketing emails from us, email firstname.lastname@example.org with your My Auction Spotter user ID.
Questions and Information
My Auction Spotter Refund Policy (“Refund Policy”)
10 days free for new subscribers My Auction Spotter offers a free ten (10) calendar day trial (the “Trial Period”) for new subscribers to the My Auction Spotter Service (“Service”). Cancel within the first 10 days and you will be issued a refund (first time subscribers only) The Service is billed in advance on a monthly basis and is nonrefundable.
No refunds or credits will be issued for partial months of Service, upgrade/downgrade or changes to the Service, or refunds for months unused with an open account. However, in the event you cancel the Service within the Trial Period, you will be issued a refund. Each individual is eligible for one (1) Trial Period refund. This refund will be issued within 45 business days of account cancellation. To treat everyone equally, no exceptions will be made.
Cancel after 10 days and you won’t be charged again If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. No refunds will be issued for any partial month’s service. For example, if your billing cycle is on the 18th of every month, and you cancel on the 24th, you’ll still have to pay for the current month in its entirety. In order to treat everyone equally, no exceptions will be made.
How do I cancel my account?
You are solely responsible for properly canceling your account via the My Auction Spotter web site via PayPal. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging into your account and selecting the “My Account” link in the global navigation bar at the top of the screen. Once you are on the “My Account” page, click the “Cancel Subscription” link.