Terms of Service
TERMS OF SERVICE
All items are for learning or testing purpose only!
You may not use any of our obd2.one for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to obd2.one if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
Tax Calculations are included in the sales. You are responsible for all taxes and fees associated with your purchase. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your tax office about any taxes they may be required to pay and issue appropriate invoices. We make our best efforts to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.
We do not provide shipping or any physical items. Digital items are delivered by the means of the download links only.
You are solely responsible for all of your downloaded digital goods and its safekeeping. No replacement of lost digital good will be provided. Also you are solely responsible for any digital goods usage such as installation, configuration, other technical knowledge, etc. If you do not know how to handle your digital item, you will have to ask a third party for help. We do not provide any “how to” teaching or any other technical information. If you are not sure about how to handle a digital product, please do not buy it!
We accept PAYPAL payments only. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the obd2.one. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Obd2.one may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordPress.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No customer information or any other data is shared whatsoever. All customer data is strictly confidential and old order records are deleted for security reasons.
Disclaimer of Warranties.
Our Services are provided “as is.” Obd2.one and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither obd2.one nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
Limitation of Liability.
In no event will obd2.one, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to obd2.one under this Agreement during the twelve (12) month period prior to the cause of action. obd2.one shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
All sales are FINAL and there is no refund offer due to the nature of our service. Once payment is made, we will not offer a refund. If purchased download link does not work or there is a problem with a software, we can offer a new one or other software as replacement free of charge. If downloaded digital item does not work, you agree to provide a video or a screenshot of the error as proof. Only when proven of the faulty digital product you may ask for a replacement. Any unreasonable demands for a refund will be treated as extortion or fraud and appropriate actions will be taken against such user.
If for any reason download links don’t work or you are experiencing some other download problems, you agree to contact obd2.one support first to solve the problem by using firstname.lastname@example.org email. Any contacts through paypal system prior opened dispute will be treated as buyer protection abuse. If you do so, you will be reported to paypal and e-commerce community as system abuser or fraudster and your access to obd2.one will be restricted.
Only download and some minor support can be provided while order is active. If your order has expired, no support will be provided. If you do not know how to install or configure a software, you will have to ask for a help of a third party. We do not provide any remote assistance, unless individual agreement is made. No support is provided on Sundays (GMT).
General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless obd2.one, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post, and any ecommerce activities conducted through your or another user’s site.
This Agreement constitutes the entire agreement between obd2.one and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of obd2.one, or by the posting by obd2.one of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; obd2.one may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.