Overview
These Terms of Use, together with the limited warranty
available at ("Limited Warranty"), privacy policy available
at ("Privacy Policy"), and the rules, policies, terms and
conditions set forth in, referred to and/or linked herein,
all of which are incorporated herein by reference, are,
collectively, the “Agreement.” This Agreement constitutes a
legal agreement between you ("you") and DRIVESLY INC.
including its subsidies Drivesly, YourMechanic, Mobile
Battery Solutions, and SouthWest Inspections Services
(incorporated in the State of Delaware, hereinafter referred
to as “Drivesly INC.,” “we” or “us”). This Agreement sets
forth the terms of use (“Terms”) that govern the access or
use by you of applications, websites, content, products,
programs and services made available by Drivesly INC. (the
“Services”), including an agreement to engage in binding
arbitration to resolve any disputes between us. PLEASE READ
THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE
SERVICES. Your access and use of the Services constitutes
your agreement to be bound by this Agreement. If you do not
agree to the Terms, you may not access or use the Services.
The Terms, together with any Supplemental Terms (as defined
below), expressly supersede prior agreements or arrangements
with you, and supersede content or information you read or
have access to at other places, such as our website, emails,
or applications. Drivesly INC. may immediately terminate
this Agreement or any Services with respect to you, or
generally cease offering or deny access to the Services or
any portion thereof, at any time for any reason or no
reason. Supplemental terms are any additional terms or
policies applicable to a particular Service, including the
Wrench, Inc. Privacy Policy, that are provided with that
Service (“Supplemental Terms”). Supplemental Terms may
include terms and conditions of any particular event,
activity, program or promotion. Supplemental Terms are in
addition to, and shall be deemed a part of, this Agreement.
Supplemental Terms shall prevail over these Terms in the
event of a conflict with respect to the applicable
Service(s). Drivesly INC. may amend the Terms from time to
time. Amendments will be effective upon Drivesly INC.'s
posting of such updated Terms or such amended Supplemental
Terms. Your continued access or use of the Services after
such posting constitutes your consent to be bound by the
Terms, as amended. By accessing and using the Services, you
represent and warrant that: (i) you are at least 18 years
old and are a legal adult in the jurisdiction in which you
reside; and (ii) you have the right, authority and capacity
to enter into this Agreement and to abide by the Terms, and
that you will so abide. If you enter into this Agreement on
behalf of a company or other organization, you represent and
warrant that you have authority to act on behalf of that
entity and to bind that entity to this Agreement. The
Services are not available to anyone under 18 years of age,
or to any individual whose account has been terminated. Your
account may not be used for Services to be performed for
another person. The Services The Services constitute a
technology platform including websites and mobile
applications (the “Drivesly INC. Platform”) that enables
users to access a network of vehicle service providers
(mechanics, technicians, inspectors, or other independent
contractors) (“Technicians”), and/or to arrange for vehicle
inspection, diagnosis, maintenance, repair, towing or
related services (“Vehicle Services”). License. Subject to
your compliance with these Terms, we grant you a limited,
non-exclusive, non-sublicensable, revocable,
non-transferable license to access and use the Services
subject to the Terms of this Agreement. Any rights not
expressly granted herein are reserved by us. Restrictions.
You may not: (i) remove any copyright, trademark or other
proprietary notices from any portion of the Services; (ii)
reproduce, modify, prepare derivative works based upon,
distribute, license, lease, sell, resell, transfer, publicly
display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services except as expressly permitted
by us; (iii) decompile, reverse engineer or disassemble the
Services except as may be permitted by applicable law; (iv)
link to, mirror or frame any portion of the Services; (v)
cause or launch any programs or scripts for the purpose of
scraping, indexing, surveying, or otherwise data mining any
portion of the Services or unduly burdening or hindering the
operation and/or functionality of any aspect of the
Services; or (vi) attempt to gain unauthorized access to or
impair any aspect of the Services or its related systems or
networks. Ownership. The Services and all rights herein are
and shall remain our property. Neither these Terms nor your
use of the Services convey or grant to you any rights in or
related to the Services, except for the limited license
granted above, or to use or reference in any manner our
company names, logos, product and service names, trademarks
or services marks. All content appearing on the Drivesly
INC. Platform is our property or the property of our
partners and is protected by international copyright laws.
Certain names, graphics and logos are trademarks, service
marks, or trade dress (together, “Marks”) of Drivesly INC..
Our Marks may not be used for any purpose except pursuant to
our Trademark Usage Policy. All other Marks are the property
of their respective owners and may not be used without their
prior written consent. Service Incidents. We may change,
modify, suspend, or discontinue all or any part of the
Services at any time, with or without reason. You
acknowledge that the operation of the Services may from time
to time encounter technical or other problems and may not
necessarily continue uninterrupted or without technical or
other errors and Drivesly INC shall not be responsible to
you or others for any such interruptions, errors or problems
or an outright discontinuance of the Services. Drivesly INC
has no obligation to maintain or update the Services or to
continue producing or releasing new versions of the
Services. We will make reasonable efforts to keep the
Services during our normal business hours days a week,
except for: (i) planned downtime (of which we will endeavor
to provide prior notice); or (ii) any unavailability caused
by circumstances beyond our control, including but not
limited to, acts of God, acts of government, flood, fire,
earthquakes, civil unrest, acts of terror, strikes or other
labor problems or Internet service provider failures or
delays. Your Use of the Services User Accounts. In order to
use most aspects of the Services, you must register for and
maintain a user account ("Account"). Account registration
requires you to submit certain personal information, such as
your name, email address, address, vehicle information,
and/or mobile phone number, and/or at least one valid
payment method (e.g., a credit card). You agree to provide
accurate, complete, and up-to-date information in your
Account and to update that information as needed to maintain
the accuracy of that information. Your vehicle information
may include the license plate number, VIN (Vehicle
Identification Number), make, model, year, engine size,
trim, and other information that is necessary for the work
you have requested. Your failure to maintain accurate,
complete, and up-to-date Account information may result in
your inability to access and use the Services or Drivesly
INC.'s termination of this Agreement. You are responsible
for all activity that occurs under your Account, and you
agree to maintain the security and secrecy of your Account
username and password at all times. We are not liable for
any loss that you may suffer through the use of your
password by others. You must notify us immediately of any
unauthorized use of your Account or of any other breach of
security known to you with respect to Drivesly INC.
Scheduling a Job. To request an appointment for Vehicle
Services (a “Job” and a “Job Request”), you may be asked to
specify the type of service that you think is required, the
location where you would like the Job to be performed, and
the date and time that you would like the Job to take place.
You agree that it is your responsibility to provide a
suitable location for the Job, and to ensure that the
Technician has proper access and permission, and is legally
authorized to complete the Job at the location. Once you
submit a Job Request, we may provide you with a price and/or
a list of possible Technicians along with their experience
information and “rating” based on previous customer reviews
(if applicable). We reserve the right to modify, add, or
delete items and/or price at any time prior to billing you.
If you have agreed with the Technician to modify, add, or
delete items in the Job Request, or to reschedule a Job, the
change must be documented within the Wrench platform either
by you or the Technician. When you reschedule a Job, you
agree to do so through the Drivesly INC. Platform and may be
subject to additional fees. You agree to treat Technicians
courteously and lawfully, to provide a safe and appropriate
working environment that is in compliance with all
applicable laws and regulations, and to provide reasonable
cooperation to enable Technicians to complete the Job. We do
not control the availability of the independent Technicians
on the Drivesly INC. Platform. You acknowledge that your
selected Technician may be unavailable from time to time,
e.g. due to illness, or vacation. You may elect to provide
parts for a Technician to install as part of a Job. If you
elect to provide partial or all parts, you agree to void the
Limited Warranty offered by Drivesly INC. for parts
installed as part of the Service. You also acknowledge that
any subsequent labor hours needed to secure the appropriate
parts, due to inaccurate customer supplied parts, will
impact the Job estimate. In the event a Technician must use
incremental time to shop and purchase for a correct part, a
Job invoice will be updated to reflect the associated labor
and material cost totaling no less than twenty five percent
of the total labor. Drivesly INC. is not liable for
incorrect customer supplied parts. Plastic, composite and
rubber engine and cooling system components are often
affected by age and temperature fluctuations and become
fragile over time. Because of this, such parts can break or
even disintegrate during procedures that involve their
disassembly or handling. You understand that Drivesly INC.
will not be held liable for these types of component
failures, and that in the event of such, Drivesly INC. will
provide you with a revised estimate to include the
replacement of the failed component. If you would like to
receive the replaced vehicle parts upon completion of the
Job, please email us at contact@vinhistoryus.com, and, if
applicable, you will be charged the core price for the
replacement part and you will be responsible for proper
disposal of such parts in accordance with all applicable
laws, regulations and rules. Notwithstanding the foregoing,
any defective parts removed from your car in connection with
the servicing of a claim under our Limited Warranty must be
returned to us. Communications. You expressly consent and
agree to receive communications from us, including via
email, text message, calls, and push notifications, to the
cellular telephone number you provided to us. You understand
that you may receive communications generated by automatic
telephone dialing systems which will deliver pre-recorded
messages sent by or on behalf of Drivesly INC. or its
affiliated companies, or Technicians, including operational
communications concerning your Account, use of the Drivesly
INC. Platform or Services, updates concerning new and
existing features on the Drivesly INC. Platform,
communications concerning promotions, and news concerning us
and our Services. You may opt out of receiving text (SMS)
messages from us at any time by texting the word STOP from
the mobile device receiving the messages. You acknowledge
that opting out of receiving text messages may impact your
use of the Services. You agree to our use of a service
provider to mask your telephone number when you call or
exchange text messages with a Technician. During this
process, we will receive and store data, including the date
and time of the call or text message, the phone numbers, and
the content of the text messages. You agree to our use and
disclosure of this data for legitimate business purposes. We
may send you confirmation and other transactional emails
regarding the Services. We may also send you emails or text
messages about services that we think might interest you
("Promotional Emails"). You can unsubscribe from Promotional
Emails at any time by clicking unsubscribe in our email
communications or contacting us. Promotional Codes or
Credits. We may create promotional codes or credits that may
be redeemed for Account credit, or other features or
benefits related to the Services and/or a Technician's
services, subject to any additional terms associated with
each promotion ("Promo Codes"). You agree that Promo Codes:
(i) must be used by the intended audience and for the
intended purpose and in a lawful manner; (ii) may not be
duplicated, sold or transferred in any manner, or made
available to the general public (whether posted to a public
form or otherwise), unless expressly permitted by us; (iii)
may be disabled by us at any time for any reason without
liability to Drivesly INC. ; (iv) may only be used pursuant
to the specific terms that we established for such Promo
Code; (v) are not valid for cash; and (vi) may expire prior
to your use. Drivesly INC. reserves the right to interpret
how the Promo Codes will be used, or to withhold or deduct
credits or other features or benefits obtained through the
use of Promo Codes by you or any other user in the event
that we determine or believe that the use or redemption of
the Promo Code was in error, fraudulent, illegal, or in
violation of the applicable Promo Code terms or these Terms.
User Content. We may permit you from time to time to submit,
upload, publish or otherwise make available textual, audio,
and/or visual content and information, including commentary
and feedback related to the Services, initiation of support
requests, and submission of entries for competitions and
promotions ("User Content"). Any User Content provided by
you remains your property. However, by providing User
Content to us, you grant us a worldwide, perpetual,
irrevocable, transferable, unrestricted, non-exclusive,
absolute, royalty-free license, with the right to
sublicense, to use, copy, modify, transmit, reproduce,
exhibit, disclose, display, transform, create derivative
works of, distribute, publicly display, publicly perform,
and otherwise exploit in any manner such User Content in all
formats and distribution channels now known or hereafter
devised, without further notice to or consent from you, and
without the requirement of payment to you or any other
person or entity. Further, we shall be free to use any
ideas, concepts, know-how or techniques contained in such
User Content for any purpose whatsoever, including
developing, manufacturing and marketing products and/or
services incorporating any User Content. You represent and
warrant that: (i) you either are the sole and exclusive
owner of all User Content or you have all rights, licenses,
consents and releases necessary to grant us the license to
the User Content as set forth above; and (ii) neither the
User Content nor your submission, uploading, publishing or
otherwise making available of such User Content nor our use
of the User Content as permitted herein will infringe,
misappropriate or violate a third party's intellectual
property or proprietary rights, or rights of publicity or
privacy, or result in the violation of any applicable law or
regulation. You agree to not provide User Content that is
defamatory, libelous, hateful, violent, obscene,
pornographic, unlawful, or otherwise offensive, as
determined by us in our sole discretion, whether or not such
material may be protected by law. We may, but shall not be
obligated to, review, monitor, or remove User Content, at
our sole discretion and at any time and for any reason or no
reason, without notice to you. Network Access and Devices.
You are responsible for obtaining the compatible hardware or
devices and data network access necessary to use the
Services. The Services may be subject to malfunctions and
delays inherent in the use of the Internet and electronic
communications and we shall not be held liable for any such
malfunction or delay. Payment Terms You understand that use
of the Services may result in charges to you for the Vehicle
Services you receive from a Technician (“Charges”). Charges
may include any applicable federal, state and local taxes.
At the time you schedule a Job, we will record your
preferred payment method information and validate your
payment information. You authorize the payment of Charge(s)
according to your preferred payment method information, or,
if applicable, the payment of a Late Cancellation Fee if you
cancel the Job and the payment of rescheduling fee if you
reschedule the Job. You agree not to make any alternative
payment arrangement with the Technician who performs the
Job. While we will use commercially reasonable efforts to
ensure the security of all credit cards and all other
personal information, we expressly disclaim any liability
for any damage that may result should any information be
released to any third parties, and you agree to hold us
harmless for any damages that may result therefrom. After
you have received Vehicle Services obtained through your use
of the Service, we will facilitate your payment of the
applicable Charges on behalf of the Technician, as such
Technician's limited payment collection agent. Payment of
the Charges in such manner shall be considered the same as
payment made directly by you to the Technician. Charges paid
by you are final and non-refundable, unless otherwise
determined by us. All Charges are due immediately. If your
primary payment method is determined to be expired, invalid
or otherwise not able to be charged, you agree that we may,
as the Technician's limited payment collection agent, use a
secondary payment method in your Account, if available. We
reserve the right to establish, remove and/or revise Charges
for any or all Vehicle Services at any time in our sole
discretion. If a Technician changes the Vehicle Services
needed, or adds additional Vehicle Services, you authorize
the payment of updated or modified Charges. If the
Technician determines that your car requires services other
than the Vehicle Services you specified in your original Job
Request or that the Technician is not able to perform such
work, you may be charged a separate diagnosis fee.
Termination Termination by Drivesly INC. We may terminate
this Agreement or terminate or suspend your Account
immediately at any time for any reason or for no reason upon
notice to you. If we terminate or suspend your Account, you
are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your
Account, we reserve the right to pursue any available legal
action. When terminating your Account, we may delete the
Account and any information in it. You have no ownership
rights to your Account. Termination by You. You may
terminate this Agreement by completely and permanently
ceasing to use the Services (provided that there are no
outstanding Services ordered under your Account). If you
attempt to terminate this Agreement while there are still
outstanding Services ordered under your Account, this
Agreement shall not terminate until such Services have been
performed or otherwise canceled as permitted by this
Agreement. Reschedule and Cancellation Once your order is
placed, all sales are final. We will refund for rescheduling
or cancellation only as allowed by these Terms. If we
decline to undertake the requested Job we will promptly
refund you for any services determined unserviceable.
Drivesly Inspections. All sales are final for inspection
Jobs ordered on the Drivesly website. In the event a vehicle
is sold before we are able to dispatch a technician to
inspect the vehicle, we will honor the amount paid towards a
future order. Gift cards Drivesly INC. Gift Cards may be
used only for the purchase of eligible Vehicle Services
through the Drivesly INC. Platform. Except as required by
law, Gift Cards cannot be transferred for value or redeemed
for cash. Charges are deducted from the Gift Card balance.
To redeem or view a Gift Card balance, please visit our user
account page. We are not responsible if a Gift Card is lost,
stolen, destroyed or used without permission. Inspection or
Diagnosis Work We do not provide inspections that are
equivalent to state inspections or SMOG inspections.
Obtaining any inspection through the Drivesly INC. Platform
does not indicate that your vehicle would pass a state
inspection or a SMOG inspection. If you schedule a diagnosis
Job with a Technician, he or she will first seek to diagnose
the problem. In performing a diagnosis, he or she may go
through a step-by-step process to rule out or confirm part
failures through visual inspection and/or appropriate tests.
Although Technicians use their experience in performing
diagnoses, we cannot guarantee that any particular diagnosis
will identify all of the problems with your car (and/or
solutions) during the first inspection. Sometimes, the only
way to get to the root cause of a problem is to go through a
process of elimination – that is, to replace a part
suspected to be defective and then see whether the problem
still exists. After receiving a diagnosis, you may request
subsequent repair work recommended based on the diagnosis.
You agree that our Limited Warranty applies only to such
repair work, not to the completeness of the diagnosis or to
any problems that you may be experiencing with your car
(other than a problem with the replaced part itself). For
example, if your car has an oil leak, the leak may be coming
from two or three different places in your engine. The
Technician may recommend replacing the part responsible for
the most obvious source of the leak, and then recheck the
car to see if there are other components that are leaking
too. You understand that, if there are other leaking
components, replacing those other components would be
separate work subject to an additional Charge. Similarly, if
you schedule a Job for a specific repair, but DO NOT
schedule a diagnosis, we reserve the right to charge one
hour of labor if our Technicians discover upon arrival that
the Job requested if not serviceable in a mobile setting or
if the issue requires another job and you decline that job.
We encourage customers to always book a diagnosis in the
event they are not certain of the services or repairs
needed. Pre-purchase Inspection Pre-purchase inspections are
based on what is seen and heard through the eyes and ears of
the Technician. Weather and light conditions, as well as the
cleanliness of the vehicle both inside and out, can reduce
the accuracy of the inspection, making things such as prior
repainting and body work difficult to detect. For the most
accurate inspection report, the vehicle must be clean, dry
and well-lit at the time of inspection. Technicians do not
clean or disassemble vehicles prior to or during
pre-purchase inspections. Technicians go to your location to
inspect the car. They do not put the car on a lift but may
use floor jacks to raise up parts of the car. Pre-purchase
inspections are not diagnosis Jobs. Diagnostic equipment is
not typically used in a pre-purchase inspection. Technicians
may identify the VIN (vehicle identification number), but do
not check the authenticity of the VIN, history, or title.
Drivesly INC.’s services are similar to what you would see
and hear if you were to inspect the car yourself and you had
the same level of experience as the Technician. Since many
aspects of the inspection are subjective, the Technician is
providing you with his or her opinion. If you were to
perform the inspection yourself, you might come to different
conclusions. Drivesly inspectors do not use hoists or tools
or dismantle the vehicles. Pre-purchase Inspection Services
is a visual inspection of all reasonably accessible items
only, and some problems may not be observable during the
inspection. Each inspection is limited to the items
expressly stated in the inspection report. If you request
inspection of an item not included within the inspection
report, the Technician may make a reasonable effort to
inspect that additional item; however, there is no guarantee
that the additional item will be inspected. If reference to
the additional item is not expressly included in the
inspection report, you should assume that the item was not
inspected. Technicians may test drive vehicles if conditions
allow, but a test drive is not a required aspect of a
pre-purchase inspection report. Unless the inspection report
specifically states that a test drive was conducted, no such
test drive was conducted. Pre-purchase inspection reports
are not guaranteed or warranted, because changes in the
vehicle can occur or manifest themselves between the time of
inspected and the time of purchase, and because during a
pre-purchase inspection the Technician cannot see inside an
engine or transmission and does not take the whole car apart
to check every component in the car. Thus, impending
failures may not be evident at the time of inspection.
Neither we nor any Technician advises on the value of any
vehicle, whether or not to purchase a vehicle, or
authenticates a vehicle’s origin. Regardless of any comments
made by a Technician, you purchase or decline to purchase a
vehicle at your own risk. We do not determine if a vehicle
is emission compliant or whether a vehicle will perform
properly. You acknowledge and agree that the Drivesly INC.
inspection does not create any warranty for any vehicle you
may purchase and that your right to recover for any defects
in the vehicle, whether or not disclosed in a report
produced by Drivesly INC., is limited to any warranty the
seller may offer. An inspection does not act as a warranty
or as an insurance policy for any vehicle. You acknowledge
and agree that if you purchase any vehicle inspected by
Drivesly INC., you are fully responsible for all costs for
repairs and maintenance on your vehicle, whether or not
covered by any other insurance policy or warranty. You
acknowledge and agree that the decision to purchase any
vehicle remains your own responsibility and that you are
responsible for determining whether a vehicle is under
warranty or properly insured. Vetting of Third Party
Providers Technicians may be subject to an extensive vetting
process before they can register for and during their use of
the Drivesly INC. Platform, including a comprehensive
criminal background check. Although we may perform
background checks of Technicians, we cannot confirm that
each Technician is who they claim to be and therefore, we
cannot and do not assume any responsibility for the accuracy
or reliability of identity or background check information
or any information provided through the Drivesly INC.
Platform. When interacting with Technicians, you should
exercise caution and common sense to protect your personal
safety and property, just as you would when interacting with
other persons whom you don’t know. WE ARE NOT RESPONSIBLE
FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF
THE DRIVESLY INC. PLATFORM AND YOU HEREBY RELEASE DRIVESLY
INC. FROM ANY LIABILITY RELATED THERETO. WE WILL NOT BE
LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION
WITH YOUR USE OF THE DRIVESLY INC. PLATFORM. Limited
Warranty The terms and conditions of our Limited Warranty
are incorporated into this Agreement by reference. We may
amend the Limited Warranty from time to time, your continued
access or use of the Services after posting constitutes your
consent to be bound by the terms of the Limited Warranty as
amended. Disclaimers EXCEPT AS PROVIDED IN THE LIMITED
WARRANTY , THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN
“AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS,
WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR
STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK.
WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY
REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER
PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS
OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR
ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET
ENJOYMENT; (V) OF TITLE; (VI) THAT THE DRIVESLY INC.
PLATFORM WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED
FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE DRIVESLY
INC. PLATFORM WILL BE CORRECTED; (VIII) THAT SERVICES
OFFERED WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE
DRIVESLY INC. PLATFORM IS COMPATIBLE WITH ANY PARTICULAR
HARDWARE OR SOFTWARE. DRIVESLY INC. MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE
SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE
OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE. DRIVESLY INC. DOES NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU
AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE
SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION
THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW. Limitations of Liability YOU
AGREE NOT TO HOLD DRIVESLY INC. (OR, ITS STOCKHOLDERS,
AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS,
MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS
AND CONTENT PROVIDERS (COLLECTIVELY, "MEMBERS")) LIABLE FOR
ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR
CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN
OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE
DRIVESLY INC. PLATFORM OR ANY SERVICES, INCLUDING WITHOUT
LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE
CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER
OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP
BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH
ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE,
ACT, OR SERVICE PROVIDED BY DRIVESLY INC OR MEMBERS, AND ANY
DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL
DRIVESLY INC OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT
LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL
INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRIVESLY INC AND
MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE
QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH
THE DRIVESLY INC. PLATFORM. THE DRIVESLY INC PLATFORM IS
ONLY A VENUE FOR CONNECTING USERS. WE ARE NOT RESPONSIBLE
FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY
THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE
DRIVESLY INC. FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES
(ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD
PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY
ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY
OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF
THE DRIVESLY INC. PLATFORM IS ENTIRELY THE RESPONSIBILITY OF
THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH
SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING
THE DRIVESLY INC PLATFORM, YOU MAY BE EXPOSED TO SERVICES
THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE
OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE DRIVESLY
INC. PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE DRIVESLY INC. PLATFORM
CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.
IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR
MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY
NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT
WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO
VEHICLE SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS
OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS,
IT IS DETERMINED THAT DRIVESLY INC. OR MEMBERS ARE LIABLE
FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL
LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT
LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR
THE ASSOCIATED JOB. BY USING THE DRIVESLY INC PLATFORM, YOU
AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET
OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE
THEY ARE REASONABLE, YOU MUST NOT USE THE DRIVESLY INC
PLATFORM. California Waiver. If you are a California
resident, to the extent permitted by California law, you
waive California Civil Code Section 1542, which states: “A
general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have
materially affected his settlement with the debtor” as well
as any other unknown claims under California Civil Code
Section 1542 or any statute or common law principle of
similar effect. Indemnification. You hereby agree to
indemnify, defend, and hold harmless Drivesly INC. and
Members from and against any and all claims, losses,
expenses, liabilities, damages or demands (including
attorneys' fees and costs incurred), in connection with or
resulting from, directly or indirectly: (i) your use or
misuse of or inability to use the Drivesly INC. Platform,
and/or the Services, (ii) your violation of this Agreement,
(iii) your violation of any applicable law or regulation;
(iv) your violation of the rights of another (including
Technicians), and (v) your information and content that you
submit or transmit through the Drivesly INC. Platform.
Drivesly INC. reserves the right, at its own expense, to
assume the exclusive defense and control of any matter
otherwise subject to your indemnification. You will not, in
any event, settle any such claim or matter without the prior
written consent of Drivesly INC. . Dispute Resolution
Arbitration. Any dispute or claim relating in any way to
your use of the Drivesly INC. Platform or any Vehicle
Services will be resolved by binding arbitration, rather
than in court ,except that you may assert claims in small
claims court if your claims qualify. The Federal Arbitration
Act and federal arbitration law apply to this agreement.
Notwithstanding anything to the contrary in this Section, to
the extent you have in any manner violated or threatened to
violate Wrench, Inc.’s intellectual property rights, we may
seek injunctive or other appropriate relief in any state or
federal court in the State of Washington, and you consent to
exclusive jurisdiction and venue in such courts. There is no
judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can
award on an individual basis the same damages and relief as
a court (including injunctive and declaratory relief or
statutory damages), and must follow the terms of these Terms
of Use as a court would. To begin an arbitration proceeding,
you must send a letter requesting arbitration and describing
your claim to Drivesly INC.’s Legal Department, located at
701 5th Ave Ste 7250, Seattle, WA 98104. The arbitration
will be conducted in Seattle, Washington, by the American
Arbitration Association (AAA) under its rules, including the
AAA's Consumer Arbitration Rules. The AAA's rules are
available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees
will be governed by the AAA's rules. You may choose to have
the arbitration conducted by telephone, based on written
submissions, or in person in the county where you live or at
another mutually agreed location. We each agree that any
dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or
representative action. If for any reason a claim proceeds in
court rather than in arbitration we each waive any right to
a jury trial. We also both agree that you or we may bring
suit in court to enjoin infringement or other misuse of
intellectual property rights. Applicable Law By accessing or
using the Drivesly INC. Platform or any Vehicle Services,
you agree that the Federal Arbitration Act, applicable
federal law, and the laws of the State of Delaware, without
giving effect to any choice of laws principles that would
require the application of the laws of a different country
or state, will govern these Terms of Use and any dispute of
any sort that might arise between you and Drivesly INC. .
Other Provisions General. You may not assign these Terms
without Drivesly INC.'s prior written approval. Drivesly
INC. may assign these Terms without your consent to: (i) a
subsidiary or affiliate; (ii) an acquirer of Drivesly INC.
's equity, business or assets; or (iii) a successor by
merger. Any purported assignment in violation of this
section shall be void. No joint venture, partnership,
employment, or agency relationship exists between you,
Drivesly INC. or any Technician as a result of this
Agreement or use of the Services. If any provision of these
Terms is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be
enforced to the fullest extent under law. Drivesly INC. 's
failure to enforce any right or provision in these Terms
shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Drivesly INC. in
writing. Complaints of Copyright Infringement. We respect
the intellectual property of others. We will respond to
properly submitted notices of alleged copyright infringement
that comply with applicable law. In the event that a person
or entity has a good faith belief that any materials
provided through the Drivesly INC. Platform or in connection
with the Services infringe upon that person's or entity's
copyright or other intellectual property right (such person
or entity, a "Complainant") and sends to us a properly
submitted copyright notice as indicated below, we will
investigate, and if we determines, in our discretion, that
the material is infringing, we will remove the content. All
notices claiming an infringement of copyright rights must
contain the following: (i) identification of the
intellectual property right that is allegedly infringed (all
relevant registration numbers, or a statement concerning the
Complainant's ownership of the work, should be included);
(ii) a statement specifically identifying the location of
the infringing material, with enough detail that we may find
it (please note it is not sufficient to merely provide a top
level URL); (iii) the complete name, address, telephone
number and e-mail address of Complainant; (iv) a statement
that Complainant has a good faith belief that the use of the
allegedly infringing material is not authorized by the owner
of the rights, or its agents, or by law; (v) a statement
that the information contained in the notification is
accurate, and under the penalty of perjury, Complainant is
authorized to act on behalf of the owner of the copyright or
other property rights that are allegedly infringed; and (vi)
a physical or electronic signature of a person authorized to
act on behalf of the owner of the intellectual property
rights that are allegedly being infringed. Drivesly INC. 's
contact information for notice of alleged copyright
infringement is via email: contact@vinhistoryus.com. or via
mail: Attn: Legal, Drivesly INC. , 701 5th Ave Ste 7250,
Seattle, WA 98104 Notice. Drivesly INC. may give notice by
means of a general notice through the Drivesly INC.
Platform, electronic mail to your email address in your
Account, or by written communication sent by first class
mail or pre-paid post to your address in your Account. Such
notice shall be deemed to have been given upon the
expiration of 48 hours after mailing or posting (if sent by
first class mail or pre-paid post) or 12 hours after sending
(if sent by email). You may give notice to Drivesly INC. ,
with such notice deemed given when received by Drivesly INC.
, at any time by first class mail to Attn: Legal, Drivesly
INC. , 701 5th Ave Ste 7250, Seattle, WA 98104 Links to
Other Websites and Display of Others’ Brand Names or Logos.
The Drivesly INC. Platform may contain logos and/or brand
names of third parties, and/or links (such as hyperlinks) to
third-party websites. Such brands, logos, and links do not
constitute our endorsement of those parties, sites or their
content. They are provided as an information service, for
reference and convenience only. We do not control any such
sites, and are not responsible for their availability or
accuracy, or content, advertising, or products or services.
The existence of links on the Drivesly INC. Platform to such
websites (including without limitation external websites
that are framed by the Drivesly INC. Platform as well as any
advertisements displayed in connection therewith) does not
mean that we endorse any of the material on such websites,
or have any association with their operators. It is your
responsibility to evaluate the content and usefulness of the
information obtained from other sites. We expressly disclaim
any liability arising in connection with your use and/or
viewing of any websites, others’ brands or logos, or other
material associated with links, logos or brand names that
may appear on the Drivesly INC. Platform. You hereby agree
to hold us harmless from any liability that may result from
the use of links that may appear on the Drivesly INC.
Platform. Questions. Please contact us with any questions
regarding this Agreement by emailing us at
contact@vinhistoryus.com
