The “Services” mean Autosocks products, software, services, and Website (including, but not limited to text, graphics, images, and other material and information) available from Autosocks, either via the Website or otherwise, and through Autosocks’ third-party vendors and business partners (“Third Parties”).
Third Parties may have their own, possibly different, terms or policies relating to your use of the Services. We encourage you to read any applicable terms or policies. Because Autosocks has no control over its Third Parties, you acknowledge that Autosocks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advice, advertising, products, or other materials available on or through any such Third Party.
Please note that your use of the Services constitute your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use the Services. Autosocks may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website or the applicable Service on which these terms appear. Any changes that Autosocks makes to this Agreement will be effective immediately upon posting.
Ownership. You acknowledge and agree that Autosocks owns all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents, copyright, and trademark) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Autosocks and that you shall not disclose such information without Autosocks’ prior written consent.
You further acknowledge and agree that the Services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or Third Parties is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Autosocks, you agree not to, and not to permit anyone else to, modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof, in whole or in part.
User Representations and Covenants. By accessing and using our Services you acknowledge and agree:
You acknowledge that Autosocks takes no responsibility for any information that you produce or share in connection with the use of its Services.
You acknowledge that you are solely responsible for all activity that occurs in association with your use of the Website and Services and that Autosocks is not responsible for any breach of your obligations under this Agreement and the consequences of any such breach.
You agree to waive all property rights in any research or commercial products that may be developed by Autosocks or its partners. Autosocks will not provide you with compensation for data collected through your use of our Services.
No Advice or Endorsement. Autosocks is an independent operation and does not endorse, and makes no representation or warranty in respect of any other service. You acknowledge that Autosocks is not responsible for the quality or performance of any services, including the Services or other products, procedures, opinions, tests, resources, websites, resources, and other materials mentioned on, or accessed through, the Services.
DISCLAIMER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUTOSOCKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) AUTOSOCKS MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTOSOCKS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. AUTOSOCKS DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, AUTOSOCKS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
LIMITATION OF LIABILITY. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AUTOSOCKS SHALL NOT BE 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 AUTOSOCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) 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 SERVICES; (d) UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF OR DESTRUCTION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION; (e) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
IN ANY EVENT, THE TOTAL LIABILITY OF AUTOSOCKS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, TO YOU ARISING OUT OF ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING NEGLIGENCE) SHALL BE THE TOTAL AMOUNTS PAID TO AUTOSOCKS BY YOU.
Release. The Services are only for informational purposes. In the event that you have a dispute arising from the use of the Services, you release Autosocks, its affiliates and Third Parties (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Indemnification. You agree to indemnify, defend, and hold harmless Autosocks, its officers, directors, employees, agents, affiliates, licensors, Third Parties, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Autosocks violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
Linking. The Services provide, and Third Parties may provide, links to other sites and resources on the Internet. Because Autosocks has no control over such sites and resources, you acknowledge and agree that Autosocks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advice, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Autosocks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advice, advertising, products, or other materials available on or through any such hyperlinked site or resource.
Severability. If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
Force Majeure. Autosocks shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Autosocks.
Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.
Survival. All terms of this Agreement, which by their nature are intended to survive termination of this Agreement, including without limitation, sections entitled “Permitted and Prohibited Uses”, “Limitation of Liability”, “User Representations and Covenants”, and “No Advice or Endorsement”, shall so survive
Our most important asset is your trust. Keeping your information secure is a top priority for AutoSocks.
Cookies – A message given to a web browser by a web server. The browser stores the message in a text file. The message is then sent back to the server each time the browser requests a page from the server.
Clear GIFs – Typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website. The use of a clear gif allows the site to measure the actions of the visitor opening the page that contains the clear gif.
De-Identified Data – Information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
Customer – A person receiving or registered to receive AutoSocks products and Services
Personal Information – information about an identifiable individual. AutoSocks collects and stores the following types of Personal Information: names, addresses, email addresses, phone numbers, and financial information.
Self-Reported Information – all information about yourself, including your name, email address, phone number, survey entries, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features.
Why We Collect Information and How We Use It
Registration Information. When you use our services or purchase products through the Website (“Services”) we collect Personal Information, which may include your name, date of birth, shipping address, financial information, and contact information (e.g. email, and phone number).
Self-Reported Information. You may have the option to provide us with additional information about yourself through surveys, forms, features and applications.
Web Behavior. We collect both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, etc.) to provide our Services, ship our products to you, and for email marketing purposes.
Other. We continuously work to enhance our Services with new products, applications and features that may result in the collection of new and different types of information. We will update our Privacy Statement and/or obtain your prior consent as needed.
As we continue to develop and grow, we may buy or sell parts of our business. As an important part of our business includes the relationships with our customers, employees and contractors, personal information would generally be one of the assets which would be transferred or transitioned to a third party purchaser.
We also payment processing services through Paypal, which is governed by PayPal’s legal agreements.
Types of Information We Collect
We only collect your personal information if you voluntarily submit the information to us when using our Services. Typical information we may collect includes: names, addresses, email addresses, phone numbers, and financial information.
We will limit the collection and use of personal information to that which we believe is necessary for the purposes we have identified to you, including without limitation, the purposes identified above, using means which are fair and lawful. Although we will collect your personal information primarily from you, we may also collect it from external sources.
The AutoSocks Website
We use third-party services to understand how our users interact with our Services, improve the user experience, and provide our customers with more meaningful content.
We use third-party services and network advertisers to understand how our users interact with our Services, improve the user experience, and provide our customers with more meaningful content. Please see the Terms of Service for Google Ads for further details.
Third-Party Vendors and Business Partners
A Word About Sharing Customer Information
To protect the privacy of our customers, we will not sell or provide personally identifiable information to a third party without your consent. We will never contact you with marketing material without providing you the option to unsubscribe.
We may be required by law to disclose or provide access to your Personal Information (including, but not limited to, laws, regulations, court orders, warrants, and subpoenas).
We protect Personal Information against loss or theft, unauthorized access, disclosure, copying, use, or modification with security safeguards appropriate to the sensitivity of the information. Our safeguards vary depending on the information’s sensitivity, amount, distribution and format of the information and the method of storage. We use a variety of security technologies and procedures to help safeguard your personal information. All security measures are appropriate to the sensitivity level of your information. Our safeguards include (a) physical measures, such as restricted physical access to our information system; (b) organizational measures, including limiting access on a “need-to-know” basis; and (c) technological measures, including the use of passwords and encryption.
We are responsible for all personal information in our control. Whenever we hire other organizations to provide support services, we will require them to conform to our privacy standards and to allow us to audit them for compliance. Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by a third party, we take reasonable precautions to prevent such unfortunate occurrences.
We do not knowingly collect personal information from children. The content of our Services is not intended for, or directed to, children. If you are under the age of majority in the jurisdiction from which you access the Services or the jurisdiction in which you are ordinarily resident, please do not use or access our Services at any time or in any manner.
Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of your personal information, or you may withdraw your consent to our further collection, use or disclosure of information at any time in the future by giving us reasonable notice. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with some products, services or information which may be of value to you.
For the purpose of using our Services, some information is required in order for our Services to function. If the information is not provided, we, either directly or through a third-party vendor or business partner, will not be able to provide you with our all or some of our Services.
We retain personal information only as long as it is required for the reasons it was collected. The length of time personal information is retained varies depending on the purpose for which the information was collected. This period may extend beyond the end of your relationship with us but only for so long as it is legally necessary for us to have sufficient information to respond to any issue that may arise at a later date. When your information is no longer needed for the purposes it has been collected we will destroy, delete, erase or convert your information to an anonymous form.
Keeping Information Accurate
We will attempt to keep customer files complete, up to date, and accurate. We will tell our customers how and where to conveniently access their account information (except when prohibited by law) and how to notify us about errors which we will correct as necessary.
How to Find Out What Information We Have About You
Write to our Privacy Officer at the address below, if you have any questions concerning the information we have in your file or about our information practices. To obtain certain information that we have on file for you, you must specify the information you are interested in. If you believe any of our information is incorrect, we’ll investigate it and correct it as required.
All requests and notification applicable to AutoSocks must be made to our Privacy Officer, including opt-out requests, access to information requests, and reporting incorrect information:
If you are requesting information, specify the information you are interested in.
If you are writing to exercise your opt-out rights, specify whether you are opting out of our sharing information with affiliates and/or from our marketing lists.
Amending this Policy