Terms of Service
Last Updated: February 12, 2019
ACCEPTANCE OF THEAUTOPRO TERMS OF SERVICE
This Terms of Service Agreement ("Terms"), govern your access to, use of, and participation in The Auto Pro Service Platform made available by THEAUTOPRO, Inc. ("THEAUTOPRO”, “The Auto Pro," "we", "our", or "us") or through THEAUTOPRO and the entirety of your relationship with THEAUTOPRO. This Website and the services of THEAUTOPRO (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms of Service"). Your use of this website or submission of service requests via telephone, text, or mobile application constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms of Service apply to any Services or properties such as websites or apps owned and operated by THEAUTOPRO and collectively referred to herein as "THEAUTOPRO," or “The Auto Pro” or “The Auto Pro Service Platform” on which a link to these Terms of Service appears. If you have any questions regarding these Terms of Service, you may contact us at www.theautopro.com. We may amend or modify these Terms of Service at any time by posting a revised version of these Terms of Service on THEAUTOPRO website.
Any and all references to "you" or "your", as applicable, mean the person who accesses, uses, and/or participates in The Auto Pro Service Platform in any manner, as well as each of your heirs, assigns, and successors. If you use The Auto Pro Service Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Service will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
Content refers to text, images, graphics, software, audio, video, music, information, or other materials, including but not limited to profile information, PRO Service requests, job quotes, reviews, message threads, calendar or scheduling information, and other information or materials available on or through The Auto Pro Service Platform.
Collective Content refers to User Generated Content and THEAUTOPRO Content together.
Member refers to a person who completes THEAUTOPRO account registration process.
Client refers to a Member who requests or receives quotes for PRO Services, or otherwise uses The Auto Pro Service Platform to receive, review, pay for, or facilitate the use of PRO Services.
Service Member or PRO refers to a Member who is registered to send quotations for PRO Services, or in another manner, uses The Auto Pro Service Platform to offer, receive payment, provide, or facilitate the use of PRO Services.
PRO Services refers to any services listed, offered, provided, quoted, or scheduled by Service Members, or scheduled, sought, or received by a Client through The Auto Pro Service Platform.
The Auto Pro Service Platform refers to all THEAUTOPRO websites, mobile or other applications, software, processes and any other services provided by or through THEAUTOPRO.
User Content refers to any and all Content submitted, uploaded, posted, transmitted or published, on or through The Auto Pro Service Platform by any Member or other user of The Auto Pro Service Platform, including but not limited to descriptions, profile information, photographs, reviews, postings, and payments made through The Auto Pro Service Platform, but excluding THEAUTOPRO Content and Feedback.
THEAUTOPRO Content refers to any and all Content THEAUTOPRO makes available on or through The Auto Pro Service Platform, including any Content licensed from a third party, but excluding User Content.
THE AUTO PRO SERVICE PLATFORM CONNECTS AUTO SERVICE PROVIDERS WITH CLIENTS
The Auto Pro Service Platform is an internet based service which connects Clients with PRO’s. “Clients” are individuals and/or businesses seeking to obtain vehicle services from PRO’s, and are therefore Clients of the PRO’s. A “PRO” is an individual and/or business seeking to perform services for Clients. Collectively, known as “Members”. If you agree on the terms of a service with another Auto Pro Service Platform Member, you and the other Member form a Service Agreement directly between the two of you, not in any way with THEAUTOPRO.
PROS ARE INDEPENDENT CONTRACTORS. THEY ARE NOT EMPLOYEES, AGENTS, PARTNERS, FRANCHISES, OR JOINT VENTURES OF THEAUTOPRO. THEAUTOPRO DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. MEMBERS HEREBY ACKNOWLEDGE THAT THEAUTOPRO DOES NOT SUPERVISE, CONTROL, OR MONITOR A PRO’S WORK AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE WORK PERFORMED OR THE SERVICES PERFORMED OR THE PARTS USED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY, GUARANTEE, OR CONDITION OF GOODS AND SERVICES, COMPLIANCE WITH ANY LAW, REGULATION, CODE, OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
The Auto Pro Service Platform only enables contacts between Members for the fulfillment of services. THEAUTOPRO is not responsible for the communication or performance of Members, nor does it have control over the quality, legality, failure to provide, timing, qualifications, integrity, responsibility, or any actions or omissions whatsoever of any Member. THEAUTOPRO is not responsible for any ratings provided by Members with respect to each other. THEAUTOPRO makes no representations or warranties regarding timeliness, reliability, suitability, or accuracy of the services requested or services provided by, or the communications of or between the PRO’s and Clients identified through the Auto Pro Service Platform, whether in public, online, private, or offline interactions.
THEAUTOPRO VETTING POLICY
At the sole discretion of THEAUTOPRO, users may be subject to an extensive vetting process before they can register. The vetting process will continue during their use of The Auto Pro Service Platform, including but not limited to, the verification of the Member’s identity by using a third party service provider as appropriate (“Identity Checks”). Although THEAUTOPRO may perform Identity Checks, THEAUTOPRO is not required to do so and cannot confirm that each Member is who they claim to be. THEAUTOPRO cannot and does not assume any liability or responsibility for the reliability or accuracy of Identity Check information or any other information provided through The Auto Pro Service Platform.
When communicating with other Members, you should always exercise common sense and caution to protect your personal safety, property, and data just as you would when interacting with anyone whom you don’t personally know. THEAUTOPRO will not be held liable for any false or misleading statements made by Members of THEAUTOPRO Platform.
NEITHER THEAUTOPRO NOR ITS AFFILIATES, PARENTS, OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, AGENTS, OFFICERS, INVESTORS, ATTORNEYS, SUBSIDIARIES, INSURERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS ARE RESPONSIBLE FOR THE ACTS, CONDUCT, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF THE AUTO PRO SERVICE PLATFORM AND YOU HEREBY RELEASE THEAUTOPRO AND ANY AND ALL AFFILIATES FROM ANY AND ALL LIABILITY, DEMANDS, CLAIMS, OR DAMAGES OF EVERY KIND AND NATURE, DISCLOSED AND UNDISCLOSED, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, ARISING FROM OR IN ANY WAY CONNECTED WITH THE AUTO PRO SERVICE PLATFORM.
ELIGIBILITY, AND USE OF THE AUTO PRO SERVICE PLATFORM
Access to and use of The Auto Pro Service Platform is available only to individuals who are at least 18 years of age and can form a legally binding contract under applicable laws. By accessing or using The Auto Pro Service Platform, you represent that you are eligible to do so.
By registering or using The Auto Pro Service Platform to offer, post or provide PRO Services, Service Members warrant that they, their employees, contractors, subcontractors and/or agents who may perform work for them are completely and properly qualified, experienced, certified, bonded, licensed, and insured as required by applicable laws and regulations in the jurisdiction(s) where they offer their PRO Services in relation to the specific work they are performing.
THEAUTOPRO does not provide PRO Services. Service Members understand and agree that by creating and maintaining an account on The Auto Pro Service Platform, they receive only the ability to use The Auto Pro Service Platform to access Members interested in receiving PRO Services, including but not limited to the ability to message Clients and schedule appointments that facilitate the use of PRO Services. Service Members understand and agree that using The Auto Pro Service Platform does not guarantee that any THEAUTOPRO Members will engage them for PRO Services.
Service Members agree and understand that they are customers of THEAUTOPRO, and are not employees, joint venturers, partners, or agents of THEAUTOPRO. Service Members also acknowledge that they set and/or confirm their own prices, parts mark up (if any). Service Members provide their own equipment, tools, and will determine their own work schedule. THEAUTOPRO does not control the services that a Service Member provides, nor how or where the service is provided, except as specifically noted herein.
THEAUTOPRO, as permitted by all applicable laws, may at their discretion obtain reports based on publicly available information regarding Service Members, which may include history of criminal convictions or sex offender registration. THEAUTOPRO may block, suspend, limit, deactivate, or cancel a Service Member’s account based on the results of such a report. As a Service Member of THEAUTOPRO, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from THEAUTOPRO vendors.
THEAUTOPRO ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Visitors may access The Auto Pro Service Platform without registering for an account. To access and participate in certain features of The Auto Pro Service Platform, you will need to create a password-protected account ("Account"). You may also register for an Account using your existing Facebook account and login credentials or Google account and login credentials ("Third-Party Site Credentials"). You agree to provide accurate, complete, and current information during the registration or request for submission process and at all other times when you use The Auto Pro Service Platform, and to update information and to keep it accurate, complete and current. You are solely responsible for safeguarding your THEAUTOPRO password and, if applicable, your Third-Party Site Credentials. You are solely responsible for all activity that occurs on your account, and you will notify THEAUTOPRO immediately of any unauthorized use. THEAUTOPRO is not liable for any losses by any party caused by an unauthorized use of your account. Notwithstanding the foregoing, you may be liable for the losses of THEAUTOPRO or others due to such unauthorized use.
YOUR LICENSE TO USE THE AUTO PRO SERVICE PLATFORM
Subject to your compliance with these Terms, THEAUTOPRO grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in The Auto Pro Service Platform. You will not use, adapt, modify, distribute, copy, prepare derivative works based upon, license, transfer, sell, transmit, publicly display, publicly perform, broadcast, stream, or otherwise exploit The Auto Pro Service Platform or Collective Content in any way, except as expressly permitted in these Terms. The Auto Pro Service Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No rights or licenses are expressed or granted to you by implication or otherwise under any intellectual property rights owned or controlled by THEAUTOPRO or its licensors, except for the licenses and rights expressly granted in these Terms.
You may be permitted, at the sole discretion of THEAUTOPRO, to post, publish, upload, submit or transmit User Content. By making available any User Content on or through The Auto Pro Service Platform, you hereby grant to THEAUTOPRO a worldwide, perpetual, irrevocable, transferable, non-exclusive, royalty-free license, with the right to sublicense, to use, adapt, modify, copy, sell, distribute, license, transfer, publicly display, publicly perform, stream, broadcast, transmit, access, view, and otherwise exploit such User Content on, through, by means of or to promote, advertise, or market The Auto Pro Service Platform or PRO Services, or for any other purpose at our sole discretion, except that the private messaging generated through The Auto Pro Service Platform will not be used by THEAUTOPRO in any public advertising. In the interest of clarity, the license granted to THEAUTOPRO shall survive termination of The Auto Pro Service Platform or your Account. THEAUTOPRO does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, uploaded, published, posted, or transmitted on or through The Auto Pro Service Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through The Auto Pro Service Platform. Accordingly, you warrant and represent that: (a) you are either the sole and exclusive owner of all User Content that you make available on or through The Auto Pro Service Platform or you have all rights, consents, licenses, and releases that are necessary to grant to THEAUTOPRO the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, publication, transmittal, uploading, or submission of the User Content or the use by THEAUTOPRO of your User Content (or any portion thereof) on, through or by means of The Auto Pro Service Platform will infringe, violate or misappropriate a third party's patent, trademark, trade secret, copyright, moral rights or other proprietary or intellectual property rights, or rights of privacy or publicity, or result in the violation of any applicable laws or regulations. You agree that THEAUTOPRO may summarize, proofread, or otherwise edit and/or delete your User Content, and you additionally understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations in these Terms.
THEAUTOPRO reserves the right, at any time, and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to The Auto Pro Service Platform or its’ Members, or for any other reason.
As a user of The Auto Pro Service Platform, you may not:
Use an acocont that is not your own, misrepresent yourself or the PRO Services offered through The Auto Pro Service Platform, misrepresent your qualifications or you identity, misrepresent a project or other data in a quote request, or upload any Content in any inappropriate areas or categories on The Auto Pro Service Platform;
Use any automated system including but not limited to spiders, scrapers, robots, or offline readers, to access The Auto Pro Service Platform for any purpose without THEAUTOPRO's prior written approval;provided, however, that the proprietors of public search engines and directories may use robots or spiders to copy materials from The Auto Pro Service Platform for the sole purpose of creating publicly available searchable indices of the content, but does not cache or archive such material (THEAUTOPRO reserves the right to revoke these exceptions either generally or in specific cases);
In any automated or manual manner copy any copyrighted text, or otherwise misappropriate or misuse The Auto Pro Service Platform Content or information, including but not limited to, use on a competitive, mirrored, or a third-party site;
Transmit more request messages through The Auto Pro Service Platform in any given time period than a human could reasonably produce in the same time period by using a conventional online web browser;
Take any action that (a) may unreasonably restrict or burden The Auto Pro Service Platform's infrastructure; (b) prevents or interferes with or attempts to prevent or interfere with the proper working of The Auto Pro Service Platform or any third-party operation; (c) circumvents measures that are used to restrict or prevent access to The Auto Pro Service Platform; (d) bypasses, disables, circumvents, or otherwise interferes with security features of The Auto Pro Service Platform; (e) distributes any harmful technologies or viruses that may harm THEAUTOPRO, The Auto Pro Service Platform, or any Users; (f) uses The Auto Pro Service Platform in any way that violates any trade secrets, copyrights, or any other rights of any third party, including privacy or publicity rights; or (g) interferes with, manipulates, or otherwise circumvents the AUTOPRO Fee (defined herein) structure, Fees owed, or billing;
As a PRO Service Member, use The Auto Pro Service Platform in any manner that interferes with or circumvents your obligation to pay THEAUTOPRO or use THEAUTOPRO credits for access to services provided by The Auto Pro Service Platform;
Publish, harvest or collect any personally identifiable data or information including but not limited to names or other account details, from The Auto Pro Service Platform, or use the communication method provided by The Auto Pro Service Platform for any reason that is not explicitly authorized by these Terms, including any commercial solicitations;
Contact, solicit, or recruit PRO Service Members or Customer Members for employment or any other reason not specifically intended by the use of The Auto Pro Service Platform;
Take any unlawful or inappropriate actions, including but not limited to the submission of unlawful or inappropriate Content to or through The Auto Pro Service Platform, including Content that is hateful, harassing, obscene, profane, illegal, threatening, defamatory, or discriminatory, or that promotes, advocates, or encourages any inappropriate activity, or any conduct that could be considered a criminal offense, or any conduct that would violate any law or give rise to civil liability.
Violate any key policies of THEAUTOPRO that govern your use of The Auto Pro Service Platform and your interactions with THEAUTOPRO and any third parties;
Solicit or advertise a PRO Service that is not appropriate, or related to The Auto Pro Service Platform including but not limited to any PRO Service that (a) provides only products (b) is not in supported categories (c) provides referrals or directories; (d) offers loans or lending services; (e) offers shop or rental space; (f) promotes any events (such as conventions, parties, or gatherings); (g) competes with the business of THEAUTOPRO; (h) is based outside the United States of America; (i) offers, promotes or is affiliated with any spam, Ponzi schemes, chain letters, junk mail, affiliate marketing, pyramid type schemes, or any other unsolicited commercial content, credit counseling, online surveys, contests, raffles, games of chance, giveaways, prizes, bonuses, or discount cards;or (j) provide any non-local content.
Upload or submit any User Content that interferes with or damages the experience of any other Member including but not limited to (a) requests to download non-THEAUTOPRO links that direct the user to any mirrored websites and/or mobile applications where the Member must submit data that is redundant with what has already been submitted on THEAUTOPRO website,and/or mobile applications; and/or links that (b) offers to purchase any PRO Service or any other service outside of THEAUTOPRO, or (c) using a username or profile page to promote any service not offered on or through The Auto Pro Service Platform;
Undertake any action that could undermine the accuracy or efficacy of THEAUTOPRO reviews or ratings systems;
Fail to perform any and all PRO Services purchased from you as promised and agreed upon, unless the Customer Member fails to materially meet the terms of the mutually accepted agreement for the PRO Services or refuses to pay, or an obvious and clear typographical error is made;
Engage in any fraudulent or illegal activity including but not limited to proposing to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to send cash through the mail or use any other payment methods prohibited by THEAUTOPRO;
Register for, use, negotiate a price for, or otherwise solicit a PRO Service without the intention of following through with your payment or your use of the PRO Service;
Engage in or undertake any activity or conduct that is inconsistent with the purpose or business of The Auto Pro Service Platform; and
Attempt to indirectly undertake any of the foregoing.
THEAUTOPRO FEES AND TAXES
In connection with use of THEAUTOPRO and The Auto Pro Service Platform, THEAUTOPRO charges certain Fees ("THEAUTOPRO Fees" or "Fees"). Current Fees for purchasing credits (“THEAUTOPRO Credits”) used by Service Members for various purposes will be shown when purchasing such credits. Fees for additional products or services, including ongoing products or services, will be presented to you before you use such services or products.
THEAUTOPRO may also charge penalty Fees for misconduct, fraud, or other violations of these Terms, as determined at the sole discretion of THEAITOPRO.
You agree to pay all applicable charges or Fees based on the Fee and billing terms in effect at the time of purchase, regardless of whether you have an active Account. Charges shall be made to your credit card, debit card, PayPal account or other payment method designated at the time you register for a service or make a purchase.. If you do not pay on time or if THEAUTOPRO cannot charge your credit card, PayPal account or other payment method for any reason, THEAUTOPRO reserves all rights permissible under law to recover the unpaid payment and all costs, fees and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all transmittal of information in relation to past due or delinquent accounts or Fees due will be made by electronic mail or by phone. Such communications may be made by THEAUTOPRO or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund for credits or services purchased. If you have a balance due on any Account, you agree that THEAUTOPRO may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You agree to and understand that you alone are solely responsible for determining your own tax reporting and sales tax collection obligations in consultation with your own tax advisers, and that THEAUTOPRO cannot, does not and will not offer specific tax advice to either Service Members or Customer Members. All sales on THEAUTOPRO are final and non-refundable, except as otherwise specified herein.
Payment processing services for Service Members on THEAUTOPRO are provided by Stripe, and, where applicable, may include money transmission services pursuant to licenses held by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement.By agreeing to these terms or continuing to operate as a Service Member on THEAUTOPRO, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of THEAUTOPRO enabling payment processing services through Stripe, you agree to provide THEAUTOPRO accurate and complete information about you and your business, and you authorize THEAUTOPRO to share with Stripe this information and transaction information related to your use of the payment processing services provided by Stripe.
Your purchase or receipt of THEAUTOPRO Credits represents the purchase or receipt of credits that can be used by you to receive certain services on The Auto Pro Service Platform, including sending quotes to potential clients or receiving a response to a quote from potential clients. THEAUTOPRO will always be transparent with you about the number or range of THEAUTOPRO Credits you may use to access certain services. THEAUTOPRO Credits have no monetary/cash value and your purchase or receipt of THEAUTOPRO Credits does not represent in any way a pre-funding of stored value that can be accessed or used in the future for any purpose. You agree that all sales of THEAUTOPRO Credits are final and non-refundable.
INTELLECTUAL PROPERTY RIGHTS
THEAUTOPRO Content is protected by trademark, copyright, and other laws of the United States of America, international conventions and foreign countries. Except as otherwise expressly provided in these Terms, THEAUTOPRO and its licensors exclusively own all title, rights, and interest in and to The Auto Pro Service Platform and THEAUTOPRO Content, including all associated intellectual property rights. All logos, service marks, trademarks, trade names and any other proprietary designations of THEAUTOPRO used herein are trademarks or registered trademarks of THEAUTOPRO. Any other logos, service marks, trademarks, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
SUGGESTIONS AND FEEDBACK
By sending THEAUTOPRO any feedback, questions, suggestions, or comments concerning THEAUTOPRO or our services, including The Auto Pro Service Platform you warrant and represent (a) that you own the right to disclose the suggestion or feedback, (b) that the suggestion or feedback does not violate the rights of any other person or entity, and (c) that the suggestion or feedback does not contain any confidential or proprietary information of any third party. By sending THEAUTOPRO any Feedback, further you (i) agree that THEAUTOPRO is under no obligation of confidentiality, express or implied, with respect to the suggestion or feedback, (ii) acknowledge that THEAUTOPRO may have something similar to the suggestion or feedback already in planning or in development, (iii) grant THEAUTOPRO an irrevocable, royalty-free, non-exclusive, perpetual, worldwide license to use, publish, distribute, prepare derivative works, modify, publish, and sublicense the suggestion or feedback, and (iv) irrevocably waive, and cause to be waived, against THEAUTOPRO and its Users any claims and assertions of any rights, moral or otherwise, contained in such suggestion or feedback. The AUTOPRO Feedback section shall survive any termination of your Account or The Auto Pro Service Platform.
We expect THEAUTOPRO Users to respect all copyright laws. In certain circumstances we maintain the right to and will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of any copyright holders.
THEAUTOPRO does not endorse any Service Member, Client Member, User or any PRO Services. Furthermore, THEAUTOPRO is not a party to any agreements between or among users, Members or any third party or parties. No partnership, employment, joint venture, or agency is created as a result of these Terms or any Service Member, Client Member or User use of any part of The Auto Pro Service Platform, including but not limited to any and all services or scheduling. Neither THEAUTOPRO nor any Service Members, Client Members or Users of The Auto Pro Service Platform may control or direct the day-to-day activities of the other, or assume or create any requirement on behalf of the other. Members are obligated by these Terms to provide accurate information, and although THEAUTOPRO may undertake additional processes and/or checks that are designed to help confirm or verify the backgrounds or identities or of THEAUTOPRO Users, we make no representations about, nor confirm, or endorse any User or their purported background or identity, regardless of the specific THEAUTOPRO services they are using or any involvement by THEAUTOPRO employees or personnel in providing or scheduling services.
Any reference on The Auto Pro Service Platform to a Service Member or any other User being credentialed or licensed in any manner, is not a certification, guarantee, warranty, or endorsement by THEAUTOPRO and is not verification of their credentials or identity and whether they or their PRO Services are trustworthy, insured, licensed, sustainable or safe. Any such description is intended to be useful data for you to consider when you make your own decisions about the suitability and identity of others whom you may interact with or contact via The Auto Pro Service Platform. You should always exercise care, due diligence, and responsibility when making your decision whether to have any interact with any other User. THEAUTOPRO is not responsible for any harm or damage that may result from your interactions or communications with other Users.
The Collective Content may contain links not controlled or owned by THEAUTOPRO,. to third-party websites, offers, or other activities or events. THEAUTOPRO does not assume any responsibility for or endorse any such links. If you do choose to access these links, you do so at your own risk.
By using The Auto Pro Service Platform, you agree to and understand that any legal liability or remedy that you seek to obtain for omissions or actions of Service Members,Client Members, or any other Users or other third party or parties will be limited to a claim against those particular Service Members, Client Members, or Users or other third parties. You agree not to attempt to seek any legal remedy from or impose liability on THEAUTOPRO with respect to such omissions or actions.
VIOLATION OF THESE TERMS
THEAUTOPRO, without limiting any other rights reserved herein, may at its sole discretion, take any and all action permitted by law for any violation of these Terms or any other agreement or policy between you and THEAUTOPRO, including but not limited to limiting your Account access, removing any User Content you posted, requiring you to forfeit purchased credits, requiring you to forfeit certain paid Fees or funds, assessing monetary costs and/or penalties, limiting your status on or search ranking, canceling postings, canceling quotes, terminating your Account, blocking your access, conducting an investigation, and/or cooperating with police or law enforcement agencies in investigation or prosecution.
THEAUTOPRO ACCOUNT TERMINATION OR SUSPENSION
We may at any time, with or without cause and at the sole discretion of THEAUTOPRO, and with or without prior notice, decide to suspend, block, limit, cancel or deactivate your THEAUTOPRO Account. If we exercise our discretion under these Terms to do so, any or all of the following may occur with or without prior explanation or notice to you: (a) your Account will be suspended or deactivated, your Account password will be disabled, and you will no longer be able to access The Auto Pro Service Platform or your User Content, or receive assistance from THEAUTOPRO support services; (b) if appropriate and at the sole discretion of THEAUTOPRO, we may communicate to other Users that your Account has been suspended, blocked, terminated, deactivated or cancelled, and why this action has been taken; and (c) you will not be entitled to any compensation for The Auto Pro Service Platform services or PRO Services delayed or cancelled resulting from Account termination. Please note that if your Account is terminated or otherwise cancelled, THEAUTOPRO is under no obligation to delete, disable or return to you any Content you have posted to The Auto Pro Service Platform, including, but not limited to, any reviews.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE CAREFULLY READ THIS SECTION, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN A COURT OF LAW.
You and THEAUTOPRO agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
The exclusive method of resolving any and all disputes between you and THEAUTOPRO or any controversy or claim relating to or arising out of the use of THEAUTOPRO Website, mobile applications, and/or THEAUTOPRO services shall be BINDING ARBITRATION administered by the American Arbitration Association, in accordance with its commercial arbitration rules, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against THEAUTOPRO any class arbitration, class action, or any other representative proceeding or action.
By using THEAUTOPRO Website, mobile applications, and/or THEAUTOPRO services in any method or manner, you agree to the above arbitration agreement. You understand that by doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims that may arise between you and THEAUTOPRO. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION AND ALL OTHER CLASS PROCEEDINGS. Your rights will be determined by a neutral arbitrator, not a jury or a judge. You are entitled to a fair hearing before the arbitrator, and be advised that the arbitrator can grant any relief that a court can, but you should also note that arbitration proceedings are usually more simple and streamlined than court trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court of law only for very limited reasons
Most disputes can be resolved without resort to litigation. Except for intellectual property rights cases and small court claims, both parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with THEAUTOPRO support department.
If you are a resident of the United States of America, arbitration may take place in the county where you reside at the time of the arbitration filing.If you are outside of the United States of America, arbitration shall be initiated in the State of Wyoming, United States of America, and you and THEAUTOPRO agree to submit to the personal jurisdiction of any federal or state court in Sheridan County, Wyoming in order to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, or enter judgment on the award entered by the arbitrator.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or The Auto Pro Service Platform.
The Terms and the relationship between you and THEAUTOPRO shall be governed in all respects by the laws of the State of Wyoming, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against THEAUTOPRO that is not subject to arbitration must be resolved by a court located in Sheridan County, Wyoming. You agree to submit to the personal jurisdiction of the courts located within Sheridan County, Wyoming for the purpose of litigating all such claims or disputes. You hereby waive any and all jurisdictional and venue defenses otherwise available.
DISCLAIMERS AND PROVISIONS
YOUR USE OF THE AUTO PRO SERVICE PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THEAUTOPRO UNDER NO OBLIGATION, BUT DOES RESERVE THE RIGHT FOR ANY REASON WHATSOEVER, TO (A) REVIEW OR MONITOR USER CONTENT; OR (B) FOR ANY PURPOSE PERMISSIBLE, CONDUCT BACKGROUND CHECKS OR IDENTITY VERIFICATIONS, INCLUDING CRIMINAL BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CLIENT MEMBERS. THE AUTO PRO SERVICE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THEAUTOPRO AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE AUTO PRO SERVICE PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THE AUTO PRO SERVICE PLATFORM, AND ANY WARRANTIES RELATING TO THE SUITABILITY, ACCURACY, QUALITY, TRUTH, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE AUTO PRO PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. THEAUTOPRO MAKES NO GUARANTEE THAT THE AUTO PRO SERVICE PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THEAUTOPRO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE AUTO PRO SERVICE PLATFORM. THEAUTOPRO SHALL NOT BE LIABLE FOR ANY OFFENSIVE, ILLEGAL OR DEFAMATORY CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION, DATA, SUBSTANCE, MATERIALS, OR COLLECTIVE CONTENT TRANSMITTED, MADE AVAILABLE OR POSTED VIA THE AUTO PRO SERVICE PLATFORM. NO INFORMATION OR ADVICE EITHER WRITTEN OR ORAL, OBTAINED FROM THEAUTOPRO OR THROUGH THE AUTO PRO SERVICE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER SERVICE MEMBERS, CLIENT MEMBERS, SERVICE RECIPIENTS, OR ANY OTHER USERS OF THE AUTO PRO SERVICE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU INTERACT OR COMMUNICATE WITH AS A RESULT OF YOUR USE OF THE AUTO PRO SERVICE PLATFORM.. YOU UNDERSTAND THAT THEAUTOPRO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE AUTO PRO SERVICE PLATFORM OR TO VET, ENDORSE OR REVIEW ANY PRO SERVICES. THEAUTOPRO MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE AUTO PRO SERVICE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE AUTO PRO SERVICE PLATFORM. YOU AGREE TO TAKE ANY AND ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS OF THE AUTO PRO SERVICE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AUTO PRO SERVICE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. THEAUTOPRO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE AUTO PRO SERVICE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE AUTO PRO SERVICE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THEAUTOPRO OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER THEAUTOPRO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AUTO PRO SERVICE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY DAMAGE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEAUTOPRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE AUTO PRO SERVICE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE AUTO PRO SERVICE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AUTO PRO SERVICE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE AUTO PRO SERVICE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THEAUTOPRO AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, THE AUTO PRO SERVICE PLATFORM, PRO SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE AUTO PRO SERVICE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THEAUTOPRO BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
RELEASE AND INDEMNIFICATION
You agree to release, indemnify, defend, and hold THEAUTOPRO and its affiliates and subsidiaries, and their respective employees, directors, officers, and agents, harmless from and against any liabilities, claims,expenses, damages, and losses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of The Auto Pro Service Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Service Member, Client Member, or User; and (d) the offer, receipt, request or provision of PRO Services by you, including but not limited to any losses, damages, injuries of any kind arising in connection with such PRO Services.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold THEAUTOPRO and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
Contacting You and E-SIGN Consent: You agree that THEAUTOPRO may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on The Auto Pro Service Platform. With your consent, THEAUTOPRO or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from THEAUTOPRO or Service Members, you also consent to the use of an electronic record to document your agreement.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and THEAUTOPRO's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to The Auto Pro Service Platform or the Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or The Auto Pro Service Platform, please contact us by sending an email to firstname.lastname@example.org, or by writing to THEAUTOPRO, Inc., 30 N. Gould Street, Suite R, Sheridan, WY, 82801.