Terms of Service
TERMS OF SERVICE AGREEMENT
Last Updated: July 1, 2017
Welcome to FindAMechanic.com (“Find A Mechanic”), which is owned and operated by Find A Wrench, LLC. The terms and conditions set forth below (these “Terms”) apply to your access to and use of FindAMechanic.com (the “Site”), and the products and services provided via the Site including accessing and using Find A Mechanic’s network of employers and services (collectively, the “Services”).
By using the Site, you agree and acknowledge that: (a) you have read all of the terms and conditions of these Terms; (b) you understand all of the terms and conditions of these Terms; and (c) you agree to be legally bound by all of the terms and conditions of these Terms.
If you do not agree to all of the terms and conditions of these Terms, Find A Mechanic is unwilling to provide you with a right to use the Site or Services.
If you are entering into the terms and conditions of these Terms on behalf of a company (or other entity) or if you are accessing the Services in your capacity as an employee, consultant or agent of a company (or other entity), you represent that you are an employee, consultant or agent of such company (or other entity) and you have the authority to agree, on behalf of such company (or other entity), to all of the terms and conditions of these Terms.
THESE TERMS CONSTITUTE A LEGALLY ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND FIND A MECHANIC.
Find A Mechanic reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Find A Mechanic) at any time and in its sole discretion. If Find A Mechanic makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, and/or by updating the “Last Updated” date at the top of these Terms and posting the revised Terms to our Services. Your continued use of any of the Services will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services to make sure that you understand the terms and conditions that will apply to your use of the Services.
For purposes of these Terms, “Find A Mechanic” refers to Find A Mechanic and Find A Mechanic’s investors, directors, officers, employees, agents, representatives, and assigns.
- REGISTRATION DATA AND ELIGIBILITY
In order to access the Services, you must register with Find A Mechanic via the Site. By registering, you agree to: (a) provide accurate, current and complete information about you as may be prompted by the registration forms via the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Find A Mechanic, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Find A Mechanic. You are responsible for safeguarding the password that you use to access certain areas of the Site. When you register with Find A Mechanic, you should use a strong password. We suggest that you not use the same password with Find A Mechanic as you with other services, applications or websites.
Find A Mechanic provides job postings and recruitment services. While some of these services may be provided free of charge, additional services may have additional costs associated with their delivery. If you would like to purchase these services, you must submit an order via the Site.
Upon submission of an order, Find A Mechanic will review it and notify you if the order has been accepted.
You agree to pay Find A Mechanic the amount quoted for the service with applicable taxes.
Fees may be paid by credit card, debit card or any other method pre-approved, in writing, by Find A Mechanic.
If payment is made by credit/debit card, you hereby: (a) authorize Find A Mechanic (or its authorized payment processor) to charge the credit/debit card number you provide via the Site; and (b) represent and warrant that you are authorized to use and have fees charged to the credit/debit card number you provide via the Site.
- LIMITS AND INDEMNITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIND A MECHANIC WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY — WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE — FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE SITE, THE SERVICES, THE VEHICLE TRANSPORT SERVICES, YOUR VEHICLE, ANY THIRD-PARTY MATERIALS, ANY FIND A MECHANIC MATERIALS AND/OR THESE TERMS, WHETHER OR NOT FIND A MECHANIC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIND A MECHANIC’S TOTAL LIABILITY IN CONNECTION WITH THE SITE, THE SERVICES, THE VEHICLE TRANSPORT SERVICES, YOUR VEHICLE, ANY THIRD-PARTY MATERIALS, ANY FIND A MECHANIC MATERIALS AND/OR THESE TERMS WILL NOT EXCEED THE PRICE THAT YOU ACTUALLY PAID TO HAVE YOUR VEHICLE TRANSPORTED VIA THE SERVICES.
You agree, at your sole expense, to defend, indemnify and hold Find A Mechanic (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of your conduct or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).
- THE SITE AND TRADEMARKS
Find A Mechanic’s name, Find A Mechanic logos and any other Find A Mechanic product or service name or slogan included in the Services (collectively, “Find A Mechanic Marks”) are trademarks of Find A Mechanic and may not be copied, imitated or used, in whole or in part, without the prior written permission of Find A Mechanic. You may not use any metatags or any other “hidden text” utilizing “Find A Mechanic” or any other Find A Mechanic Mark without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Subject to the grants expressly set forth in these Terms, Find A Mechanic and its licensors own all right, title and interest in and to the Site, the Find A Mechanic Marks, the look and feel of the Site (including, but not limited to, all page headers, custom graphics, button icons and scripts) and all content and other materials contained on the Site (including, but not limited to, all designs, text, graphics, pictures, information and data (collectively, the “Find A Mechanic Materials”) together with any and all Intellectual Property Rights embodied therein or related thereto.
You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use the Find A Mechanic Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Site and the Services.
- HYPERLINKS AND THIRD-PARTY MATERIALS
You may create a hyperlink to the Services for noncommercial purposes, but you may not use, frame or utilize framing techniques to enclose any Find A Mechanic Materials (including any Find A Mechanic Marks) without Find A Mechanic’s express written consent.
Find A Mechanic may make third-party content or services available on or through the Services (collectively, the “Third-Party Materials”) solely as a convenience to its users (e.g., links to third-party websites, advertisements and promotions from third parties and the ability to use social media tools provided by third parties). YOUR USE OF ANY THIRD-PARTY MATERIALS IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS. Find A Mechanic does not control, endorse or adopt any Third-Party Materials and makes no representation or warranties of any kind regarding the Third-Party Materials, including without limitation regarding the accuracy or completeness of such Third-Party Materials. Your business dealings or correspondence with such third party, and any terms, conditions, warranties or representations applicable to the Third-Party Materials, are solely between you and such third party. When you leave our Site, these Terms and all other Find A Mechanic policies no longer govern your use of such websites and services or any content contained thereon.
- USER CONDUCT
You agree that you are solely responsible for your conduct with respect to the Services, and you agree that you will not do any of the following in connection with the Services:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functionality of the Services in any manner;
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Find A Mechanic;
- Modify, adapt, hack or emulate the Services;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third parties; and
- Infringe upon or violate the rights of Find A Mechanic, its users or any third party.
Find A Mechanic takes no responsibility and assumes no liability for any user conduct.
In the event you elect, in connection with your use of the Services, to provide any suggestions, comments or other feedback with respect to the Find A Mechanic, the Services or the Site (collectively, “Feedback”), such Feedback will constitute Confidential Information of Find A Mechanic. Further, you acknowledge and agree that Find A Mechanic will be free to use, disclose, reproduce, license and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of Intellectual Property Rights or otherwise.
- SUSPENSION AND TERMINATION
Find A Mechanic may suspend your license to access or use the Services or terminate these Terms at any time, with or without cause, immediately upon notice to you. You may terminate these Terms by cancelling your account through the Services. Find A Mechanic reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, including by creation of a different account. Find A Mechanic may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND Find A Mechanic TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and Find A Mechanic will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Services, except that you nor Find A Mechanic is required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade names, or patents. ARBITRATION PREVENTS YOU AND Find A Mechanic FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Arbitration will be conducted confidentially in San Francisco, California, by a single arbitrator in accordance with the rules of JAMS (or its successor). Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NEITHER YOU NOR Find A Mechanic will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.
Entire Agreement. These Terms (together with any terms and conditions incorporated by reference) set forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersede any and all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom.
Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. The state or federal court in San Francisco County, California will be the jurisdiction in which any suits should be filed if they relate to these Terms. Prior to the filing or initiation of any action or proceeding relating to these Terms, the parties must participate in good faith mediation in San Francisco County, California. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.
Publicity. You consent to Find A Mechanic’s use of your name and logo (and, if applicable, your company’s name and logo) on the Site and our publicly-available printed materials, identifying you (and, if applicable, your company) as a user of the Services.
Severability. If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Electronic Communications. You agree to receive electronically all current and future notices, disclosures, communications and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
Force Majeure. Find A Mechanic will not be liable for any loss or damage arising from any event beyond its reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
Notice for California Users. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Survival. Notwithstanding any terms to the contrary in these Terms, Sections 4, 5, 6, 8, 10 and 11 will survive any termination of these Terms.
If you have any questions about these Terms, please contact us by using our online form here or at
200 W Main St. Suite 103
Mount Horeb, WI 53572