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gAuto.com Buyer Agreement
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 Buyer Agreement (this "Agreement"), which lets you know your rights and obligations when buying services through gAuto.
By accessing gauto.com and/or using its content in any manner whatsoever, you are indicating that 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. If you don't agree to the terms of this Agreement, please do not access gAuto.com.
For the purpose of this Agreement, when appropriate, "we," "us," "our," and "gAuto" refer to gAuto. When appropriate, "site," "website," and "gAuto.com" refers to our website, www.gauto.com.
2. DESCRIPTION OF SERVICE
gAuto.com is an online marketplace that brings together consumers and buyers who require mobile auto care services with sellers of auto care products and services. Before using gAuto.com, it is important to understand that gAuto is merely an intermediary between the parties. This means that gAuto is not a party to any of the dealing, contracting, or fulfillment of any product or service offered by a seller. This is important because, as an intermediary, we neither have any control over, nor do we assume any responsibility for, the quality of services provided by the sellers listed on our website; their qualifications, background and ability to deliver services; and/or the truth or accuracy of their listings on gAuto.com. In addition, we cannot verify the legality, license status, or any additional requirements that may pertain to the ability of a seller to render services to you. It's your responsibility to conduct any investigations into any seller and seek recourse directly from them if they do not meet your expectations, or to enforce your rights.
3. PAYMENT & GAUTO.COM ACCOUNT
Once you find a seller who you want to hire, you can order their services by reserving them through our website. We will provide you with a form that asks for certain information from you, including your name, service and billing addresses, not for buyers, vehicle details, e-mail address, phone number and credit card number and any other information necessary for a successful transaction. We will also ask for you to set up an account on gAuto.com, which will enable you to provide reviews for the seller from whom you purchase services.
By setting up your account on gAuto.com, you represent and warrant that -
(i) All registration information you submit at the time of creating your account is accurate and truthful;
(ii) You will maintain the accuracy of such information;
(ii) Your use of gAuto.com does not violate any applicable law or regulation;
(iv) You are of legal age to agree to these terms and conditions; and
(v) You have read section 12 of this agreement regarding our disclaimer of liability.
4. MINIMUM AGE
In order to purchase detailing services through gAuto, 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. We may ask for ID if you are three feet tall and want someone to detail your tricycle.
5. PROHIBITED CONDUCT
As a user of our website and gAuto's service, you agree that you will NOT:
- Deceive us or the sellers when using our services;
- 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 our service to go straight to the seller. We have to feed our families, so the small amount that we do charge covers our costs to bring this great service to you!
- Hack, crack, phish, or otherwise compromise the integrity, safety, or security of gAuto.com, its sellers, or its users.
- Create more than one 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 or off our website (that's just mean, anyway).
- Run any script or other program that is designed to search, index, or aggregate gAuto.com without our express permission.
- Be assaultive or discourteous to any employee, seller, or other customer associated with gAuto.
6. REVIEWS
Our website has a feature that allows you to post a review for each individual transaction that you make with a seller. We expect you to post all reviews in an honest, polite manner. The impacted seller also has the right to respond to reviews. You agree that by posting any comments, reviews, or star ratings that you alone are responsible for that content or action. You understand, and therefore assume, all liability, for anyone's reliance on your content, including its accuracy and whether it makes you personally identifiable. You represent that by making any comments or reviewing a seller, that you have authorization to do so (i.e. you were the buyer in the transaction), and that you are potentially exposing yourself to liability. Lastly, we are not the Internet Police and cannot review every review or comment. However, we reserve the right-but are not in any way, shape, or form required-to remove any content or review that may incite violence, contain personal or private information about a person, or contains profanity, racist remarks, or obscenities. Again, although we can do this at our own discretion, we are not obligated to, and you agree that this provision is not enforceable against other users by you.
Your reviews must comply with all of the rules relating to "Prohibited Conduct" that are mentioned in this Agreement.
7. INTELLECTUAL PROPERTY
As a user of gAuto.com, you are able to post 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 own any and all trademarks and content on this site as it relates to gAuto, as well as other elements of the site including the content. Because of this, you agree that you will not attempt to modify, copy, reproduce, or distribute any part of this site or exploit any particular element of this site except as expressly authorized by us. Expressly authorized means in writing, from our head honcho, on paper...having been reviewed by our attorneys and triple stamped.
8. ENFORCING OUR RIGHTS
We at gAuto are simple business owners. We have a passion for connecting people in the automotive industry, and believe we do a great job. We are not obligated to enforce our terms or any other agreements from this site against any other user or seller on your behalf. Any failure or laissez-faire attitude towards the enforcement of these terms, including in relation to any provision or individual user or seller, does not mean that we won't enforce them against you (i.e., we do not waive our rights to enforce this Agreement against anyone for any reason). You also agree that we take our intellectual property rights (see above) very seriously and will defend against any violations of our copyright or trademark to the fullest extent of the law.
9. DISCLAIMERS
As mentioned before, we are only an intermediary between you and a seller. We may, but are not obligated to, conduct a basic background check on the sellers listed on our website at our sole discretion. Any basic background checks are done for our own internal purposes, and are not intended to be relied upon as an approval, endorsement, or verification of the authenticity, reliability, or quality of a seller. Furthermore, we cannot be certain, nor do we make any confirmation, of any seller's licensure status or intent to comply with the applicable laws in their area. As such, by purchasing services through us, you agree that you will not bring any lawsuit against us arising from or relating to this Agreement or the services provided in relation to it that you might otherwise be entitled to bring against us, because of your having read and understood that we assume no liability and do not verify the accuracy, integrity, or reliability of any of the sellers on this site. This includes lawsuits for torts (including negligence), breach of contract, and any other lawsuit.
10. INDEMNIFICATION
You agree to indemnify us and defend gAuto.com, its affiliates, officers, supplies, sellers, 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 of any agreements on this site; (5) any services purchased by you in connection with the Site; (6) any government agency or public interest group's action in connection with your use or access of the site and related services. In a nutshell, if your conduct causes us-or any of our sellers-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.
11. 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 seller or any other important infrastructure.
12. 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 ACCOUNT WITH THIS SITE. THIS DOES NOT MEAN THAT YOU WILL NOT HAVE ANY RIGHTS THAT ARE LAWFULLY GRANTED TO YOU, HOWEVER YOU AGREE THAT ANY REMEDIES ARE LIMITED TO ANY SPECIFIC STATE MAXIMUM OR $25 IN THE 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 SELLERS, INCLUDING ANY PRODUCTS AND/OR SERVICES THEY MAY UTILIZE, OR YOUR 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 SELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SPECIFICALLY INCLUDES THE DISCLAIMER OF ANY ENVIRONMENTAL OR PROPERTY DAMAGE THAT MAY BE CAUSED BY ANY SELLER.
GAUTO.COM, ALONG WITH ANY OFFERS, PROGRAMS, SERVICES, ADVERTISEMENTS, OR SELLER'S UNDERLYING PRODUCTS 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 SELLERS HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR AFFILIATED SELLERS 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 SERVICES 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 MAXIMUM AMOUNT PERMISSIBLE BY LAW IN THOSE JURISDICTIONS. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
13. 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 and like our customers, we will notify you of any changes made by making the revised version available on our website. It is your responsibility to regularly review this Agreement, as the terms are binding and you agree your continued use of our service 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 must immediately terminate any and all use of the site.
14. THIRD-PARTY WEBSITES
gAuto.com may contain links to 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 such cases 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.
15. 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.
16. TERMINATION/DEACTIVATION OF ACCOUNT
We may terminate or suspend any and all of our services, and deactivate your gAuto.com 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 gAuto.com 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, indemnities and limitations of liability.
17. 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.
18. DISPUTE RESOLUTION
Choice of Law
We have customers 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 (We need 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 Scottsdale, Arizona, USA.
19. 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.
20. 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:
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.
21. REFUNDS
Quality of service is very important to us. We work very hard to ensure that we deliver the best service every single time. However, if you feel that you are entitled to a refund please review our refund policy located here:
REFUND POLICY
Quality of service is very important to gAuto.com. We work very hard to ensure that we deliver the best service every single time.
However, it is worth repeating that we are only an intermediary between buyers and sellers. We do not provide any detailing services ourselves, nor do we vouch for the detailers who do. It is up to you, as a buyer, to engage in due diligence to determine whether you believe that a seller's services will be satisfactory. As such, we cannot offer refunds on any services related to the provision of services by the independent sellers on our website. In such cases, you must approach the seller directly to ask them to address your concerns.
Additionally, as a part of your agreement to our Buyer Agreement (or Seller Agreement, as the case may be), you must agree not to hold us liable for things beyond our control-such as failure of service-or any other item listed in our agreements.
If you believe that you are entitled to a refund in any other instance, or that applicable legislation waives all or part of our refund policy in your jurisdiction, you can contact us with more details about your specific situation at refunds@gauto.com.
22. RELATIONSHIP OF PARTIES
gAuto, its sellers, and users 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 or create any relationship of agency.
23. 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
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