gAuto Seller Terms and Conditions


1. INTRODUCTION

Welcome to gAuto.com, the official website of gAuto - a reservation system for buyers and sellers of mobile auto care services.


This is our Seller Agreement (this "Agreement"), which lets you, the Seller of mobile auto care services; know your rights and obligations when selling these services through gAuto. This Agreement, along with the Buyer Agreement, Privacy Policy, and any other agreements you may encounter on the site govern your use of the site and interactions with the reservation system.
For the purpose of this Seller Agreement, when appropriate, "we," "us," "our," and "gAuto" refer to Pneum Investments LLC. When appropriate, "site," "website," and "gAuto.com" refer to our website, www.gauto.com.

2. DESCRIPTION OF SERVICE
We provide an intermediary service to allow buyers, who require mobile auto cares services, to connect with the sellers of those services. We are only a middleman between the buyers and the sellers of mobile auto care services; we are neither the buyers nor the sellers of such services. This is important because, as an intermediary, we assume no responsibility for the behavior of the Buyers who purchase your services. It is solely your responsibility to properly screen them and hold them responsible if they fail to meet their obligations or otherwise cause you problems. We have no liability for what may transpire between the seller and buyer, and in fact we explicitly require you to hold us harmless in the event of problems.

3. SELLER ACCOUNT & PAYMENT
In order to list your auto care services on gAuto.com, you must sign up for a Seller account with us. We reserve the right to approve, disapprove, or terminate any account and for any reason in our sole discretion. We will provide you with a form that asks for certain information from you, including, but not limited to, your name, address, date of birth, e-mail address, Social Security Number, business license number, credit card number, and any other information that we believe is necessary to keep our service running smoothly. All such information as supplied by you will be subject to our Privacy Policy, which is incorporated by reference into this Agreement.

If your Seller account is approved by us, you will be able to list your services on our online marketplace. Buyer will be able to see your detailing business when searching gAuto.com, and can place orders with you.

Signing up for a Seller Account at gAuto.com is free of cost; however, gAuto charges service a fee for creating, hosting, and maintaining the website. When the buyers make their payment for the services sold by you, we charge a percentage of the fee (currently 15% but subject to change at our sole discretion), which is required to hold the reservation for the Buyer. It is up to you, the Seller, to collect the remaining balance that was agreed upon on our reservation system. Please note that we are not in any way affiliated or associated with the persons purchasing the detailing services sold by you, and that any contracts in respect of the sale of such services are solely between them and you.

By setting up your Seller Account on gAuto.com, you understand, represent and warrant that -
(i) you have read, acknowledged and agreed to be bound by the terms of this Agreement, which is as legally binding as if you signed a written document;
(ii) you will abide by this Agreement and the processes, procedures, and guidelines described herein and throughout the website for sale of mobile auto care products and services;
(iii) you will be financially, as well as legally responsible, for your use of the website and the sale of mobile auto care services;
(iv) all registration information you submit at the time of creating your Seller Account is accurate and truthful;
(v) you will maintain the accuracy of such information;
(vi) your use of gAuto.com does not violate any applicable law or regulation, including any local licensing laws, business trade requirements, and environmental laws;
(vii) you are of legal age to agree to the terms and conditions set forth herein; and
(viii) you have read section 14 of this Agreement regarding disclaimer of our liability.

4. MINIMUM AGE
In order to list your services on gAuto.com, you must be at least eighteen years old, or, if a higher age applies, whatever the minimum age is to enter into a contract in your state.

5. NON-CIRCUMVENTION
You acknowledge, accept and irrevocably agree not to go around and/or circumvent gAuto, directly or indirectly, to avoid the payment of service fee to gAuto.
You further understand that you are legally bound not to disclose to a third-party any information about the Buyers, who are introduced to you at goAuto.com, with an intention to bye-pass gAuto for avoiding the payment of its service fee (seriously.that wouldn't be cool). So, you hereby represent, undertake and promise that -
(i) you, your employees and/or any independent contractors hired by you will maintain complete confidentiality regarding the personal details; viz., names, addresses, telephone/fax numbers and e-mail addresses of any of the Buyers that are revealed to them through the website, and shall not disclose such details to any third party as you recognize that these details are exclusive and valuable business sources of gAuto;
(ii) you will not enter into any direct negotiations or business transactions with such Buyers whose particulars have become known to you from the website;
(iii) you shall not to make use of a third party to circumvent this section; and
(iv) if any transaction is performed in circumvention of this section by you, directly or indirectly, gAuto shall be entitled to a monetary penalty equal to five times the maximum revenue it could have realized from such transaction plus any and all expenses, including but not limited to all costs and expenses incurred to recover the lost revenue.

6. PERIOD OF EXCLUSIVITY
By visiting or using the site, you agree to use gAuto.com to receive all payments from Buyers who identify you or whom you identify on the site, so that gAuto can collect its service fee from you. For this purpose, you acknowledge and agree that gAuto earns its service fees on all payments you receive from a Buyer in the first 24 months after you identify, or are identified, by the Buyer through the site, regardless of whether you receive the payments through gAuto or not. You agree not to take any action directly or indirectly to circumvent and/or avoid the payment these fees. As a user, you also agree to notify gAuto immediately if your Buyer seeks to pay you outside the site.

7. PROHIBITED CONDUCT
As a user of, and a Seller listed on, our website, you agree that you will NOT:

  • Deceive us or your Buyers when using our website;

  • Use an offensive username or post content on our website that we find to be objectionable or offensive. This includes, but is not limited to, pornography, unlawful content, anti-Semitic material, threats, spam (not the edible variety), and content which encourages unsafe acts (since the business conducted on here is our business, we get to determine what is objectionable and offensive at our sole discretion);

  • Use our website to spam people or solicit business from others without our permission.

  • Bypass soliciting business through our website to go straight to the Buyers and ask them for payment other than the remaining balance that is owed on a transaction that was completed via our reservation system (in order for us to continue providing our great service, we need to be able to make some money off of it);

  • Hack, crack, phish, or otherwise compromise the integrity, safety, or security of gAuto.com or its users;

  • Create more than one Seller Account on gAuto.com without our express written permission;

  • Infringe on others' intellectual property rights, including copyrighted works and trademarks or service marks;

  • Defame anybody on our website (Plus that's just mean);

  • Initiate, or threaten to initiate, any legal action against our site for the removal of a review or post that you do not like or feel is erroneous or defamatory;

  • Run any script or other program which is designed to search, index, or aggregate gAuto.com without our express permission.

  • Be assaultive or discourteous to any employee, Buyer, or other Seller associated with gAuto.

  • Damage, steal, or otherwise interfere with a Buyer's property.

8. REVIEWS
Our website has a feature that allows buyers of your services to post a review for each individual transaction that they make with you. We expect them to post all reviews in an honest, polite manner. You also have the right to respond to reviews. Your response must comply with all of the rules relating to "Prohibited Conduct" that are mentioned in this Agreement.

9. INTELLECTUAL PROPERTY
As a user of gAuto.com, you are able to post responses to reviews and possibly other content to our website. You agree that by posting any content, you are giving gAuto a complete, irrevocable, sublicensable, universal, perpetual license to use that content, both commercially and non-commercially, including the ability to republish it elsewhere. You agree to indemnify us for any damages resulting from any intellectual property rights that you infringe on during your use of gAuto.com, so if you do not have full rights in the content that you intend to post, do not post it. We will be mad if you use anything from our site without our permission, and sick our lawyers on you to collect any fees or costs associated with your having breached this provision.

10. ENFORCING OUR RIGHTS
We at gAuto like the word discretion, and it's a term that we reserve the right to use as it relates to any actions we may or may not take on the site. We alone define what we do "in our discretion". So in other words we enforce this Agreement against all users, however just because we don't enforce a specific provision against one user does not mean we will not enforce it against another. It's therefore best that you simply avoid breaking any of our rules, since we may get mad at even the tiniest breach (especially if we haven't had our coffee). We wouldn't make something against the rules if it didn't annoy us.

11. DISCLAIMERS
As mentioned before, we are only an intermediary between you and the Buyers of your services. The Buyers are simply members of our online marketplace at gAuto.com, and are not in any way affiliated with us. Contracts for the provision of mobile auto care services are between you and them, not you and us. We may terminate Buyer Accounts that we find to be associated with fraudulent, assaultive, or other unlawful content, but we cannot always tell whether such an account termination is justified in every case, including cases where it may be justified, so we can't be held responsible for the conduct of your Buyers. As such, by selling your services through our website, you agree that you will not bring any lawsuit against us arising from or related to this Agreement or the services provided in relation to it that you might otherwise be entitled to bring against us. This includes lawsuits for torts (including negligence), breach of contract, and any other lawsuit.
Also for California residents and service providers, you hereby waive California Civil Code 1542 (and any similar laws in other jurisdictions) that pertain to releases of claims or are similar to the language found in California Civil Code 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 this release, which if known by them must have materially affected their settlement with the debtor".

12. INDEMNIFICATION
You agree to indemnify us and to defend gAuto, its affiliates, officers, suppliers, buyers, service providers, partners, or representatives for any lawsuits, demands, infringement notices, or any other legal actions brought as a result of: (1) your having accessed the site; (2) your having used the site; (3) your conduct from using or accessing the site; (4) any violation and/or breach of law, or the rights of a third party, or any agreements on this site; (5) any services sold by you through the site; (6) any government agency or public interest groups action in connection with your use or access of the site and related services or performance of the auto care services sold by you; and (7) any act or omission by you with respect to the failure to perform or collect any money from Buyers.. In a nutshell, if your conduct causes us, or any of our Buyers to be sued, you agree to pay for their costs, liabilities, and legal fees with the understanding that we reserve the right to control any matter where you are required to indemnify us.

13. FORCE MAJEURE
Even if we would otherwise be responsible for damages, you agree not to hold us liable for any damages caused to you that arise from circumstances beyond our control, including but not limited to acts of God, war, terrorism, riots, insurrection, acts of civil or military authorities, fire, zombie attacks, floods, accidents, strikes, failure of communications, or shortages of transportation facilities, fuel, energy, labor, materials, or by any shortages of water or government imposed restrictions on the use of any products, water, or other material required to perform any services or that is used in the normal course of business by any service provider or any other important infrastructure.

14. LIMITATIONS ON LIABILITY; WARRANTY
YOU MUST READ THIS SECTION VERY CAREFULLY AS IT GOVERNS YOUR RIGHTS AND REMEDIES WHEN USING THIS WEBSITE AS WELL AS ANY OF THE UNDERLYING SERVICES. PLEASE NOTE YOUR SOLE AND EXCLUSIVE REMEDY INCLUDING DISSATISFACTION WITH THE SITE OR UNDERLYING SERVICE, UNDER ANY SECTION OF THIS AGREEMENT, IS LIMITED TO YOUR TERMINATION OF YOUR SELLER ACCOUNT WITH THIS SITE. THIS DOES NOT MEAN YOU WILL NOT HAVE ANY RIGHTS THAT ARE LAWFULLY GRANTED TO YOU; HOWEVER, YOU AGREE THAT ANY REMEDIES ARE LIMITED TO THE MINIMUN EXTENT PERMISSIBLE UNDER LAW IN A SPECIFIC STATE OR $25 IN AGGREGATE.
GAUTO.COM, ITS USE AND THE RESULTS OF SUCH USE IS PROVIDED ON AN "AS IS" BASIS. GAUTO MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE GAUTO.COM WEBSITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH GAUTO.COM, AND IN NO EVENT SHALL GAUTO.COM OR ITS ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF GAUTO.COM, AFFILIATED COMPANIES' PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR OFFERS ON OR THROUGH GOAUTO.COM AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF GAUTO OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GAUTO DOES NOT CLAIM THAT YOU WILL BE SUCCESSFULLY FINANCIALLY OR OTHERWISE BY USING GAUTO.COM.

GAUTO.COM, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, OTHER SELLERS UNDERLYING PRODUCTS, BUYERS ACTIONS, AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). GAUTO.COM AND/OR AFFILIATED COMPANIES' UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GAUTO AND/OR AFFILIATES HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR AFFILIATED COMPANIES' UNDERLYING PRODUCTS OR SERVICES AND GAUTO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND GAUTO. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. GAUTO MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, NETWORK, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAUTO, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, GAUTO AND/OR AFFILIATES' LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

15. RIGHT OF MODIFICATION OR ALTERATION
Sometimes change is good, so we reserve the right to modify this Agreement from time to time. Now, since we are nice we will notify you of any changes made by making the revised version(s) available on our website. It is your responsibility to regularly review this Agreement, as the terms are binding and you agree that by your continued use after we have posted any modifications indicates your acceptance of these terms. If you do not intend to abide by any modified terms you may send us, in writing, your revocation of your acceptance and you will immediately terminate any and all use with the site. All terms with regard to indemnification, limitations, intellectual property, privacy, and confidential information shall remain in full effect.

16. TERM OF AGREEMENT
This Agreement shall remain in full force and effect while you access or use gAuto.com. You may terminate your gAuto.com account at any time by following the instructions on gAuto.com.

17. TERMINATION/DEACTIVATION OF SELLER ACCOUNT
We may terminate or suspend any and all of our services, and deactivate your Seller Account, immediately and without prior notice or liability if you breach any of the terms or conditions stipulated in this Agreement. However, if you wish to terminate your Seller Account, you may simply discontinue using gAuto.com or send an email to service@gAuto.com (all termination requests will be completed within 30 days). All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, confidentially, non compete, indemnities and limitations of liability.

18. ASSIGNMENT
You may not transfer or assign this Agreement or any rights granted hereunder without gAuto's prior written consent. However, gAuto may freely transfer, assign, or delegate this Agreement and any of its rights or obligations hereunder without any notice to you. If your business ownership changes hands please let us know so we can talk to the new owners and see if they still meet our strict qualifications.

19. TAX LIABILITY AND LEGAL RESPONSIBILITIES
You are solely responsible for satisfying all sales, income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of auto care services provided by you.

20. THIRD-PARTY WEBSITES
gAuto.com may contain links to such websites (the "third-party websites") that are not owned or controlled by us. When you leave gAuto.com, and access third-party websites, you do so at your own risk, and in that event, we encourage you to read carefully the terms and conditions and privacy policy of each third-party website that you visit. We have no control over, and assume no responsibility for the accuracy of information/data available on, or practices of, or opinions expressed on any third-party website. By accessing or using any third-party website, you expressly relieve gAuto from any and all liability arising from your access/use of any such third-party website.

21. DISPUTE RESOLUTION
Choice of Law
We have Sellers from all around the United States who may use our service. However, to keep things as uncomplicated as possible, you agree that only one set of laws to apply to our Agreement and those are the laws of the State of Arizona. Therefore, any legal action must be brought within the beautiful sunny confines of Maricopa County, Arizona.

General Disputes and Statute of Limitations
You agree to make best efforts in settling any matters short of taking the "legal route" (attorneys can be expensive you know). However, if a dispute with us arises from or relates to this Agreement, you agree that, unless otherwise not allowed by law, the dispute will be resolved in Arizona. You also agree that any and all disputes must be brought within one (1) year from the date of occurrence or it will forever be barred.

Breaching these Terms
We support your right to bring legitimate cases against us. However, if you don't abide by the rules in this "Disputes" section about where to bring a lawsuit, it will cost us money to have the case dismissed. Therefore, you agree that if you bring a case in violation of these terms, you must pay us the attorneys' fees involved in having the case dismissed.

ARBITRATION & WAIVER OF JURY TRIAL
For any claim arising between you and gAuto (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $50, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

If the above provisions are declared unenforceable or void, both parties waive their mutual rights to have a trial by jury. In addition, both parties consent to the venue of such action in Maricopa County, Arizona, USA.

22. SEVERABILITY OF PROVISIONS
In the event that any condition of this Agreement can't be upheld, the rest of the Agreement will remain in effect.

23. COPYRIGHT INFRINGEMENT
We are opposed to copyright infringement. As such, we are registered in accordance with the Digital Millennium Copyright Act ("DMCA") to receive notices of infringement. To send us a DMCA takedown notice, please contact:
gAuto Copyrights
404 S. Mill Ave
Suite C-201
Tempe, Arizona 85281
The DMCA notice should identify the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on gAuto.com, and the following statement (without the quote marks):
"I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
You must sign the notice, and if you send it by e-mail, an electronic signature is fine.

24. RELATIONSHIP OF PARTIES
gAuto as well as the Sellers and Buyers of mobile auto care services will be and shall act as independent parties, and no party is authorized to act as or shall be an agent, partner, or joint venture with the other party for any purpose. Nothing in this Agreement shall create any right, power, or authority to act, create an obligation, express or implied, on behalf of the other party.

25. NOTICE
gAuto will communicate with you by email or by posting communications on the site. You consent to receive such electronic communications from us and you agree that any such communications from us to you will satisfy any legal requirements regarding a communication in writing. You will be considered to have received a communication when we send it to you or when it is posted on the site. However, all notices to gAuto that are intended to have any legal effect or consequence must be sent to gAuto in writing or delivered in person to the following address:
gAuto
6619 N. Scottsdale Road
Scottsdale, AZ - 85250
Attn: Legal Department
Email: service@gAuto.com

26. SUPPORT
We are more than happy to provide support if you need it. If you have any questions, please feel free to contact Christian at Christian@gauto.com, or call (888) AUTO-145 (288-6145).