Terms of Use

EFFECTIVE DATE: The effective date of these Terms of Use is October 15, 2015.

Welcome to the website of Auto Master Systems, Inc. ("Auto Master," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.amspayments.com, including any content, functionality and services offered on the website (collectively, the "Website"). Unless otherwise indicated, the Website and its contents, including all trademarks, service marks and logos, are the property of Auto Master protected pursuant to U.S. and foreign copyright and trademark laws.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS SPECIFICALLY INCORPORATED HEREIN BY REFERENCE. REFERENCE. If you do not agree to be bound by any of these Terms of Use, do not use the Website. By accessing the Website or by clicking "Accept," you agree to the following terms and conditions:

1. The Website and the material contained therein may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of Auto Master, except that you are permitted to print or download on a single computer a copy of any of the materials on the Website for personal non-commercial use, provided no copyright, trademark or other proprietary notices are removed. No intellectual property or other rights in or to the Website or its contents are transferred to you.

2. The photographs, artwork and information contained in this site are copyrighted and may not be distributed, modified, reused, reposted, or otherwise used outside the scope of normal web browsing without the express written permission of Auto Master.

3. You hereby acknowledge and agree that your relationship with Auto Master is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Auto Master does not place Auto Master in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or "droit moral") you may have in and to any materials that you submit to Auto Master, even if such material is altered or changed in a manner not agreeable to you.

4. The Website is operates as a portal to facilitate payment transactions through www.openedgepayment.com or other external websites operated by third parties and, other than these Terms of Use and the Privacy Policy, neither the Website nor your use of the Website creates any business, contractual or employment relationship with Auto Master. Your transactions with third parties are governed by your agreements with such third parties (which may include terms of use, privacy policies, or other agreements) and not by these Terms of Use. EXPRESSLY ACKNOWLEDGE THAT AUTO MASTER IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD AUTO MASTER LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL WEBSITES. YOUR FURTHER AGREE THAT THE RISK OF USING THIRD PARTY SERVICES RESTS ENTIRELY WITH YOU.

5. We reserve the right to withdraw or amend this Website (or any portion thereof), and any service or we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

6. You may be required to provide personally identifiable information or registration details or other information to use and/or access certain portions of the Website. You agree that any information that you provide to Auto Master will be accurate and that you will make reasonable efforts to keep that information up to date and complete. Please also review Auto Master’s Privacy Policy , which you also agree is applicable to all information submitted to us by using the Website. By entering a user name, password, account number or any information as part of our security procedures or otherwise as required to use the Website, you agree that you are solely responsible for maintaining the confidentiality and security of such information. You are fully responsible for actions made using your user name, password, account number or other information regardless of whether authorized by you. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, account number or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name, password, account number or other identifier or any other breach of security. You also agree to ensure that you exit from the Website and your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, account number or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

7. You agree that you will:

(a) only use the Website as permitted by these Terms of Use and as permitted by law;

(b) not access, or attempt to access, restricted or registration-required portions of the Website by any means other than the interface provided by Auto Master;

(c) not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Auto Master), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Auto Master in its sole discretion);

(d) not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;

(e) not interfere with or disrupt the use and enjoyment of the Website by Auto Master or any third party;

(f) not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Auto Master’s or any third party’s use and enjoyment of the Website and any other software, hardware and data;

(g) not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to Auto Master, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;

(h) not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;

(i) not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of Auto Master;

(j) not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website.

8. The material on the Website and the Website itself is provided "as is" and is without warranty of any kind. Auto Master disclaims all warranties, express or implied, including without limitation, the implied warranties of title, non-infringement, security, merchantability and fitness for a particular purpose, with respect to the Website and the material on the Website. Auto Master also makes no representations or warranties as to whether the information accessible on or through the Website is accurate, complete or current. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL AUTO MASTER BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, COMMUNICATIONS FAILURES, TAMPERING, HACKING, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR ANY MATERIAL OR SITES LINKED TO OR TO WHICH YOU CONNECT THROUGH OR BY USE OF THE WEBSITE, EVEN IF AUTO MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY WEBSITE OR ANY RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL AUTO MASTER, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDORS, AFFILIATES, SUBSIDIARIES OR ASSIGNS BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN UNITED STATES DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIMITATIONS AND EXCLUSIONS WILL BE THE MAXIMUM PERMITTED BY LAW.

10. Certain features of the Website may be subject to a separate written agreement with Auto Master or a third-party. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.

BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

10. The posting of any content or material to the Website and the creation of a link from the Website to any other website are expressly prohibited without the prior written consent of Auto Master.

11. Certain features of the Website may be subject to a separate written agreement with Auto Master or a third-party. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.

12. The Website may contain links to third party websites. These third party websites may be affiliated with Auto Master or unaffiliated. Auto Master is not responsible for, and you agree that Auto Master will have no liability to you for, the availability, security, content or performance of any portion of the Internet including other websites to which the Website may be linked, to which your access may be directed from the Website or from which an Auto Master website may be accessed. Auto Master does not regularly review materials on websites linked to the Website or connected to (or to which you are directed through use of) the Website and does not endorse the materials appearing on any such websites.

13. Auto Master reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Auto Master deems to be inappropriate or inconsistent with or antithetical to the Website, the business of Auto Master and/or these Terms of Use.

14. You agree to indemnify and hold harmless Auto Master, its affiliates, subsidiaries, licensors and assigns, and their respective officers, members, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Website or any materials downloaded, obtained, used or otherwise accessed or acquired through the Website: (a) in breach of these Terms of Use or in violation of any law or regulation; (b) that attempt, commit or result in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (c) in breach of any agreement between you and any third party. Auto Master reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the express prior written consent of Auto Master.

15. Auto Master operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you are solely responsible for compliance with any applicable laws. These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Indiana, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Use and/or your use of any Auto Master website must be filed exclusively in Grant County, State of Indiana, United States of America. AND AUTO MASTER EACH HEREBY WAIVE TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE.

16. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

17. No waiver by Auto Master of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and a failure of Auto Master to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum continue in full force and effect.

18. Auto Master may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use without Auto Master’s prior written consent, executed by hand (not by email) by an officer of Auto Master. Any unauthorized assignment or delegation by you is void and without force or effect.

19. Auto Master reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. Auto Master will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. All terms and conditions of these Terms of Use which, by their nature, are intended to survive termination will survive termination, including without limitation, all ownership terms, indemnification obligations, disclaimers and limitations of liability.

If you have any questions or concerns regarding these Terms of Use, please contact us at ams@auto-master.com. You may also direct inquiries by regular mail to Auto Master Systems, Inc., 116 N. Main St., Sweetser, IN 46946 or by phone to (765) 384-4379. Auto Master may communicate with you via postings on the Website, and via e-mail or any other communications means using any contact information you provide. All notices given by you or required from you must be in writing and addressed to Auto Master at the physical address above with a copy by email. Any notices or other communications not sent by both physical mail and electronic mail as provided above will have no force or effect.

These Terms of Use and the Privacy Policy are the entire agreement between you and Auto Master concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as provided herein.