Terms and Conditions

Terms and conditions
Member Directory listing Agreement

This Member purchase Agreement and Terms of Service together with any referenced materials ("Agreement" OR "ToS") contain the complete terms and conditions that apply to your usage and listing in the Auto Accident App directory ("AAA" or "App Directory") and participation as a member of the platform and network provided by the App Directory. This Agreement is entered into by and between you, and Vibrant Marketing. If you do not agree to these Terms and Conditions, please do not purchase or accept a free Directory Listing.

Please read this Agreement carefully before participating as a member on the Mobile App's advertising platform or using the various other associated online and mobile services (together "Services") we provide, as defined below so that you are aware of your legal rights and obligations with respect to the Mobile App or AAA.

1) Description of the Mobile App and Advertising Platform: The Mobile App provides licensed attorneys, doctors, and other specified categories of professionals with a directory listing designed to enhance client ("Client") access through our app technology. All activities and capabilities offered by or through the Mobile App, including all advertising's, promotions, placements and communications shall individually and collectively be referred to as "Services". AAA reserves the right to add, change, modify, suspend or discontinue any portion of the Mobile App or the Service(s) offered at any time. AAA may also impose limits on certain Services or features and/or restrict access to the Mobile App or any Services in our sole and absolute discretion and without notice or liability to anyone.

2) Membership Categories: All professionals participating in this program such as attorneys and doctors must be currently licensed to practice in their U.S. State of licensure. Other categories of professionals must be currently licensed to conduct business in their respective professions at the time of registration.

1.     Eligibility: All registrants must be eighteen (18) years of age or older to enter into this Agreement.

2.     This Mobile App and its Services were designed for professionals who are licensed to conduct business within their registered professions and are legal residents of the United States and its territories. Usage of the Mobile App and Services is void where prohibited.

3.     Professional Responsibility: Registered professionals are subject to ethical and professional standards, laws, rules and regulations of your profession as set by your state of licensure and other regulating bodies. It is your responsibility to verify that any and all Services you subscribe to or actions you engage in or through the Mobile App and its Services are in full compliance with applicable standards, laws, rules and regulations. AAA assumes no responsibility and shall have no liability whatsoever for your use of, or inability to use, the Mobile App or Services.

4.     Advertising: Registered members are subject to legal advertising standards, laws, rules and regulations as set by your state of licensure and other regulating bodies. Please verify all applicable advertising rules before signing up for an Account. AAA assumes no responsibility and shall have no liability whatsoever for your use of the Mobile App or Services in any manner not in compliance with applicable standards, laws, rules, and regulations.

5.     Attorney-Client Privilege: Except as you may specifically advise any Client, no attorney-client privilege shall exist with respect to any communication with or through the Mobile App or the provision of its Services. The Mobile App provides various Services that enable direct communications, whether private or public, between Attorneys and Clients. Please make sure to assess each Service's compliance with applicable state's laws and regulations. It is your responsibility to properly advise any Client, both prospective and existing, of the status of any attorney-client privilege with respect to communication using the Services. If you have any questions with respect to the technical aspects of any form of communication provided through our Services, please contact us at support@autoaccidentapp.com. AAA assumes no responsibility and shall have no liability whatsoever for your use of the Mobile App or Services in any manner not in compliance with applicable Attorney-Client standards, laws, rules, and regulations.

3) Licensing Services: Services offered to registered members includes a listing under their respective professional category in the Mobile App's directory. Except as otherwise provided, these are premium Services ("Premium") and require the payment of fees ("Fees"). Any and all Premium Services shall require the registration of an Account through which members may promote their services as well as manage Client relationships.

1.     Licensing is offered across diverse regions divided across geographical concentrations and average accident rates. These diverse advertising regions are offered to members for subscription based on directory listings ("Listing"). A listing represents an advertising unit within a geographical boundary or zip code. A single geographical boundary or zip code may be divided into one or more listings.

2.     Members may subscribe to one of more Listings in any geographical location.

1.     In the event that a member subscribes either to the sole existing Listing within a geographical region or to all Listings within a geographical region, the member shall be the exclusive advertiser for that zip code or geographical region within their professional category. In the event an incident that triggers the operation of the Mobile App occurs to a User registered within the member's exclusive region, a listing of the member's legal services shall appear to the User within the Mobile App.

2.     In the event a member subscribes either to a single Listing within a geographical region or zip code that includes multiple Listings, the member shall share licensing rights with other Listing holders for that geographical region within their professional category. In the event an incident that triggers the operation of the Mobile App occurs to a User registered within the member's shared region, a listing of the member's services shall appear to the User within the Mobile App either (a) together with advertisements for the other members who hold Listings in that region or (b) randomly/sequentially when compared listing for the other members who hold Listings in that region.

3.     Subject to certain limitations and restrictions, a Listing may be transferred by the subscribing member to any other professional within their category. Please check with AAA for further details.

4.     The Mobile App is an advertising platform dependent on User/Client adoption and deployment. AAA is granting you the right to use this platform to market and advertise your business. AAA does not guarantee the number of Users/Clients of the Mobile App that will be exposed to any advertisement or promotion.

5.     Fees: Our Premium Services are available via periodic (e.g. annual, quarterly or monthly) subscriptions. The Mobile App's Fees and any terms for Premium Services, including any available discounts, are explained to prospective members during either the registration or Service order process and are subject to change from time to time at AAA's absolute and sole discretion. Please note that any Fees that are disclosed to you in the registration or Service order process are deemed part of this Agreement. You agree to pay AAA for all usage and/or subscription Fees charged to your Account, as per this Agreement. All charges will appear on your credit card bill, check or any form of payment used during your registration.

4) Term and Termination of Services:

1.     Service Term: Please be advised that our Premium Services are made available subject to a minimum subscription term of one year. When purchasing or subscribing to a Premium Service that is subject to a minimum term, you are agreeing to pay the total cumulative Fees regardless of the periodic payment plan you choose. For example, a Premium Service with minimum terms of one year may provide the option of paying Fees on a quarterly or semi-annually basis. In the event you terminate the foregoing Service prior to the end of the minimum term, your credit card or other form of payment used when registering shall be charged the full remaining balance of the Fees, prorated over one year. Please review any terms or rules provided to you during registration or Service purchase process for additional details.

5) Failure to Pay :If for any reason AAA is unable to charge your credit card for the amount owed for the Premium Services provided, or if AAA receives notification of a charge-back, reversal, payment dispute, or is charged a penalty (together Penalty) for any fee it previously charged to your credit card, you agree that AAA may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Premium Services provided. AAA also reserves the right to charge you reasonable "processing fees" for any Penalty incurred by AAA app directory, as a result of your noncompliance with this Agreement (as determined by AAA in its sole and absolute discretion). These processing fees will be billed to the credit card you have on file with AAA.

1.     Termination and Credit Policy: EXCEPT AS SPECIFICALLY PROVIDED HEREIN BELOW, AAA WILL NOT REFUND OR CREDIT ANY PREMIUM SERVICE FEES PAID OR OWED BY YOU FOR ANY REASON WHATSOEVER, IN WHOLE OR IN PART.

1.     Premium Services subject to a minimum one-year term may be terminated with a 30-day notice, during the initial 90-days. In other words, a notice of termination, as provided below, must be received by AAA within 60 days of the initial date of registration and subscription to the Premium Service.

1.     To be effective, notice of cancellation must be in writing and sent to the contact information below via US mail, email or as otherwise specifically provided on the Site.

2.     Such notice will not affect charges submitted before AAA could reasonably take action in response to your notice.

3.     Such notice shall also not be effective if any Fees are due and unpaid by you prior to receipt of such notice by AAA.

4.     The notice of termination shall become effective at the end of the initial 90-day period and no refund or chargeback shall be permitted for that initial 90-day paid subscription. In the event you first subscribed using an annual or periodic subscription longer than the initial 90 days, upon termination your account will be credited the pro-rated balance of your Account net of the initial 90-day period as described above. In this case the annual pre-pay discount shall not apply and net refund shall be based on regular monthly rate.

2.     During the initial twelve months of your subscription to our services, except as specifically provided above, AAA will not refund any premium service fees paid or owed by you for any reason whatsoever, in whole or in part.

3.     After the initial twelve months of your paid subscription to our Services, you may terminate your Account and Services at any time by giving us a 30-day notice. Termination shall become effective after the 30-day notice period and no refund or charge-back shall be permitted for any such 30-day notice period. To be effective, notice of cancellation must be in writing and sent to the contact information below via US mail, email or as otherwise specifically provided on the Site.

4.     Your non-termination or continued use of the Premium Services reaffirms that AAA is authorized to charge your account. AAA may submit those charges for payment and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially registered your Account or subscribed to the Premium Services.

2.     Any changes are effective upon Notice to You. Notice may be provided to you by delivering such changes via electronic mail, TXT/SMS messages or any other means that we deem reasonable, in our sole and absolute discretion ("Notice").

3.     We may decide at any time in our sole and absolute discretion whether to remove and/or terminate your access to the Mobile App or our Services, for any reason, including but not limited to violations of this Agreement. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to this Agreement shall survive the termination of your Account or this Agreement.

1.     Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of this Agreement for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.

6) Registration : : In order to subscribe to our Premium Services, you will be required to create an Account. You may never use someone else's Account. You may also never grant anyone else access to your Account. When creating an Account with the Mobile App or Services, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. Registration Data may include your personal name, company name, e-mail address, password, billing address and credit card information. Registration Data may also include voluntary relevant information such as areas of practice, license information, and size of firm. You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data. AAA will not be responsible for any content or listing information provided on the account

7) Username and Password: As part of the registration process, you will be asked to select a username (or use your email address) and password. We may refuse to grant to you any username, which in our sole and absolute discretion is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, and vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid at any time both during and after registration.

You are solely responsible for maintaining the confidentiality of your username, password and any and all subscriptions, communications and other activities that are conducted through your account. You agree not to transfer, sell or resell your username or password, or otherwise provide access to the mobile app or services, through the use of your username and password, to any third party. If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us by e-mailing us at support@autoaccidentapp.com.

8) License to Use the Mobile App and Services: As a registered member on the Mobile App and Services, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Mobile App and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in this Agreement.

9) Indemnification : You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Mobile App or the Services, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of this Agreement or other policies, rules or guidelines referenced herein.

10) Warranties: You expressly agree that access and/or use of the Mobile App and/or Services is at your sole risk. The Mobile App and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Mobile App and/or Services may contain bugs, errors, problems or other limitations.

1.     We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Mobile App and/or Services to the fullest extent permitted by applicable law.

2.     We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

3.     The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Mobile App and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Mobile App and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, communications; 2) the conduct of any person, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; 4) any infringement of another's rights, including intellectual property rights; or 5) any violation, intended or otherwise, of applicable state or legal bar's ethics or professional laws, rules or regulations.

4.     You agree that AAA is not the publisher of any Submissions, as defined above, found on the Mobile App and, as such, shall not be liable for damages arising therefrom including, without limitation, any and all criminal and/or civil liability.

5.     AAA shall not be liable to you for any Services, goods and/or information available from third parties, even if obtained at or through the Mobile App and/or Services. If you are dissatisfied with the Mobile App and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your Account and to discontinue use of the Mobile App and Services (subject to any termination restrictions).

11) Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with, the Mobile App or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision or any other provisions in this Agreement.

1.     You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.

12) Dispute Resolution: If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement, the Mobile App or our Services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to support@autoaccidentapp.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation

1.     Choice of Law and Forum - This Agreement shall be treated as though it were executed and performed in Los Angeles County, CA and shall be governed in all respects by the laws of the State of California without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option section below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such Claims or disputes.

2.     Legal Warning: Any attempt by any individual, whether an Attorney, Client or otherwise to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Mobile App and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

13) This document constitutes a binding agreement: By checking "I accept these Terms and Conditions," on the Member Registration Page, you agree that you have had the opportunity to read this Agreement and agree to each and all of the provisions and conditions therein. Further, you understand that you are signing a non-refundable binding agreement.

 

14) Contact Us:

Vibrant Marketing

support@autoaccidentapp.com