MiAutoPost Internet Advertising Software

1. Terms of Service and Use:

1.a. Your use of MiAutoPost.com (will be known as MAP) software, services and web tools (referred to collectively as the "Programs" in this document and excluding any services provided to you by MAP (in a separate written agreement) is subject to the terms of a legal agreement between you and MAP.
1.b. Unless otherwise agreed in writing with MAP, your agreement with MAP will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms."
1.c. Your agreement with MAP will also include the terms of any Legal Notices applicable to the Programs, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms." Where Additional Terms apply to a Program, these will be accessible for you to read either within, or through your use of, that Program.
1.d. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and MAP, in relation to your use of the Programs, It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms."
1.e. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Program.

2. Accepting the Terms.

2.a. In order to use the Programs, you must first agree to the Terms. You may not use the Programs if you do not accept the Terms.
2.b. You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by MAP in the user interface for any Program; or in written form.
(B) by actually using the Programs. In this case, you understand and agree that MAP will treat your use of the Programs as acceptance of the Terms from that point onwards.
2.c. You may not use the Programs and may not accept the Terms if (a) you are not of legal age to form a binding contract with MAP, or (b) you are a person barred from receiving the Programs under the laws of the United States or other countries including the country in which you are resident or from which you use the Programs.

3. Language of the Terms.

3.a. Where MAP has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with MAP.
3.b. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Programs by MAP.

4.a. MAP has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Programs to you on behalf of MAP itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Programs to you.
4.b. MAP is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Programs which MAP provides may change from time to time without prior notice to you.
4.c. As part of this continuing innovation, you acknowledge and agree that MAP may stop (permanently or temporarily) providing the Programs (or any features within the Programs) to you or to users generally at MAP's sole discretion, without prior notice to you. You may stop using the Programs at any time. You do not need to specifically inform MAP when you stop using the Programs.
4.d. You acknowledge and agree that if MAP disables access to your account, you may be prevented from accessing the Programs, your account details or any files or other content which is contained in your account.

5. Use of the Services by You.

5.a. In order to access certain Programs, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Program, or as part of your continued use of the Programs. You agree that any registration information you give to MAP will always be accurate, correct and up to date.
5.b. You agree to use the Programs, only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.c. You agree not to access (or attempt to access) any of the Programs by any means other than through the interface that is provided by MAP, unless you have been specifically allowed to do so in a separate agreement with MAP. You specifically agree not to access (or attempt to access) any of the Programs through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Programs.
5.d. You agree that you will not engage in any activity that interferes with or disrupts the Programs (or the servers and networks which are connected to the Programs).
5.e. Unless you have been specifically permitted to do so in a separate agreement with MAP, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Programs for any purpose.
5.f. You agree that you are solely responsible for (and that MAP has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MAP may suffer) of any such breach.

6. Your passwords and account security.

6.a. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Programs.
6.b. Accordingly, you agree that you will be solely responsible to MAP for all activities that occur under your account.

7. Privacy and your personal information

7.a. You agree to the use of your data in accordance with MAP privacy policies.

8. Content in the Programs.

8.a. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Programs are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.b. You should be aware that Content presented to you as part of the Programs, including but not limited to advertisements in the Programs and sponsored Content within the Programs may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MAP (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MAP or by the owners of that Content, in a separate agreement.
8.c. You agree that you are solely responsible for (and that MAP has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Programs and for the consequences of your actions (including any loss or damage which MAP may suffer) by doing so.

9. Proprietary rights.

9.a. You acknowledge and agree that MAP (or MAP licensors) own all legal right, title and interest in and to the Programs, including any intellectual property rights which subsist in the Programs (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Programs may contain information which is designated confidential by MAP and that you shall not disclose such information without MAP's prior written consent.
9.b. Unless you have agreed otherwise in writing with MAP, nothing in the Terms gives you a right to use any of MAP's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.c. Unless you have been expressly authorized to do so in writing by MAP, you agree that in using the Programs, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. License from MAP.

10.a. MAP gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by MAP as part of the Program as provided to you by MAP (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Programs as provided by MAP, in the manner permitted by the Terms.
10.b. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MAP, in writing.
10.c. Unless MAP has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

11. Content license from you.

11.a. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Programs. By submitting, posting or displaying the content you give MAP a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Programs. This license is for the sole purpose of enabling MAP to display, distribute and promote the Programs and may be revoked for certain Programs as defined in the Additional Terms of those Programs.
11.b. You agree that this license includes a right for MAP to make such Content available to other companies, organizations or individuals with whom MAP has relationships for the provision of syndicated Programs, and to use such Content in connection with the provision of those Programs.
11.c. You understand that MAP, in performing the required technical steps to provide the Programs to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit MAP to take these actions. 11.d. You confirm and warrant to MAP that you have all the rights, power and authority necessary to grant the above license.

12. Software updates.

12.a. The Software which you use may automatically download and install updates from time to time from MAP. These updates are designed to improve, enhance and further develop the Programs and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MAP to deliver these to you) as part of your use of the Programs.

13. Ending your relationship with MAP.

13.a. The Terms will continue to apply until terminated by either you or MAP as set out below.
13.b. If you want to terminate your legal agreement with MAP, you may do so by (a) notifying MAP at any time and (b) closing your accounts for all of the Programs which you use, where MAP has made this option available to you. Your notice should be sent, in writing, to MAP's address which is set out at the beginning of these Terms.
13.c. MAP may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) MAP is required to do so by law (for example, where the provision of the Programs to you is, or becomes, unlawful); or
(C) the partner with whom MAP offered the Programs to you has terminated its relationship with MAP or ceased to offer the Programs to you; or
(D) MAP is transitioning to no longer providing the Program to users in the country in which you are resident or from which you use the Program; or
(E) the provision of the Program to you by MAP is, in MAP's opinion, no longer commercially viable.
13.d. Nothing in this Section shall affect MAP 's rights regarding provision of Programs under Section 4 of the Terms. 13.e. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and MAP have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

14. EXCLUSION OF WARRANTIES

14.a. NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR MAP'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROGRAMS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.c. IN PARTICULAR, MAP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE PROGRAMS WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE PROGRAMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PROGRAMS WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE PROGRAMS WILL BE CORRECTED.
14.d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAMS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAP OR THROUGH OR FROM THE PROGRAMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.f. MAP FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15. LIMITATION OF LIABILITY

15.a. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH MAP MAY MAKE TO THE PROGRAMS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROGRAMS (OR ANY FEATURES WITHIN THE PROGRAMS);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PROGRAMS;
(III) YOUR FAILURE TO PROVIDE MAP WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON MAP'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT MAP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

16. Copyright and trade mark policies

16.a. It is MAP's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

17. Advertisements

17.a. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Programs, queries made through the Programs or other information.
17.b. The manner, mode and extent of advertising by MAP on the Program are subject to change without specific notice to you.
17.c. In consideration for MAP granting you access to and use of the Programs, you agree that MAP may place such advertising on the Programs.

18. Other content.

18.a. The Programs may include hyperlinks to other web sites or content or resources. MAP may have no control over any web sites or resources which are provided by companies or persons other than MAP.
18.b. You acknowledge and agree that MAP is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.c. You acknowledge and agree that MAP is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

19. Changes to the Terms

19.a. MAP may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, MAP will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within, or through, the affected Programs.
19.b. You understand and agree that if you use the Programs after the date on which the Universal Terms or Additional Terms have changed, MAP will treat your use as acceptance of the updated Universal Terms or Additional Terms.

20. General legal terms.

20.a. Sometimes when you use the Programs, you may (as a result of, or through your use of the Programs) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other programs, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.b. The Terms constitute the whole legal agreement between you and MAP and govern your use of the Programs (but excluding any services which MAP may provide to you under a separate written agreement), and completely replace any prior agreements between you and MAP in relation to the Programs.
20.c. You agree that MAP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Programs.
20.d. You agree that if MAP does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MAP has the benefit of under any applicable law), this will not be taken to be a formal waiver of MAP's rights and that those rights or remedies will still be available to MAP.
20.e. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.f. You acknowledge and agree that each member of the group of companies of which MAP is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.g. The Terms, and your relationship with MAP under the Terms, shall be governed by the laws of the State of California without regard to its conflict of law's provisions. You and MAP agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that MAP shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction under a separate written agreement) is subject to the terms of a legal agreement between you and MAP. "MiAutoPost / MAP" is an affiliate division of Mi Holdings Group LLC., whose corporate office is located at 20058 Ventura Blvd. Suite 273, Woodland Hills, CA. 91364, USA. We are a registered LLC located in SoCal. EIN#45-1702761.