Terms and Conditions for Users
Last updated: November 2nd, 2017
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using The Car Savior Diagnosis ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Kar Savior Inc. (dba the Car Savior) and it governs your use of the Application made available to you by Kar Savior Inc. (dba the Car Savior) and any purchased made through Kar Savior Inc. (dba the Car Savior).
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by Kar Savior Inc. (dba the Car Savior) for use strictly in accordance with the terms of this Agreement.
“Mechanic” is any individual or business, Mobile or otherwise contracted through Kar Savior Inc. (dba the Car Savior) to performs a Repair on your car. The term “Mobile Mechanic” is any Mechanic contracted through Kar Savior Inc. (dba the Car Savior) to come to your location and perform repairs or diagnostics on your vehicle. Repair means any repairs, diagnostics, maintenance, service, or inspection on your vehicle.
Kar Savior Inc. (dba the Car Savior) grants you a revocable, non-exclusive, non-transferable, limited license to use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
copy or use the Application for any purpose other than as permitted under the above section 'License'.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Kar Savior Inc. (dba the Car Savior) or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Kar Savior Inc. (dba the Car Savior).
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Kar Savior Inc. (dba the Car Savior) with respect to the Application shall remain the sole and exclusive property of Kar Savior Inc. (dba the Car Savior).
Kar Savior Inc. (dba the Car Savior) shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
Kar Savior Inc. (dba the Car Savior) reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Kar Savior Inc. (dba the Car Savior) may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Kar Savior Inc. (dba the Car Savior) has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content and services (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Kar Savior Inc. (dba the Car Savior) shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Kar Savior Inc. (dba the Car Savior) does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties terms and conditions.
By using the Application, users are bound by Google's Terms of Service
Term and Termination
This Agreement shall remain in effect until terminated by you or Kar Savior Inc. (dba the Car Savior).
Kar Savior Inc. (dba the Car Savior) may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application and derivative work from all devices, paper or electronic.
Termination of this Agreement will not limit any of Kar Savior Inc. (dba the Car Savior)'s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You authorize that you have the legal authority to have repairs done on the car and that someone over the age of 18 will be present when the car repair is complete.
For repairs using a Mobile Mechanic, user is responsible for providing a place of work for the mechanic and certifies the User has proper access and permission to have the work done at the location. If the Mechanic arrives onsite and is not allowed to perform the repair, the repair will be subject to the terms of the Cancellation.
Authorization of Charges
You authorize Kar Savior Inc. (dba the Car Savior) to charge your credit card in the amount listed in the Application once Repairs have commenced on your vehicle. If you fail to pay for repairs on your car within 24 hours of the repair, you authorize Kar Savior Inc. (dba the Car Savior) to hold a mechanics lien against your vehicle. If you fail to pay for repairs within 24 hours, you authorize Kar Savior Inc. to obtain personal information by any means necessary, including expressly looking up driver information through License Plate on your vehicle.
You agree to show up at the time and place outlined in the Application. Failure to show up or arrive or with Legal Authority, without reschedule according the terms below, is considered a Cancellation. Cancellation within 72 hours will result in fee of $25 charged for Mobile Mechanics and $15 for brick and mortar mechanics. Repairs can be rescheduled to a later date up to three times, not exceed 14 days from the originally scheduled date, when at least 6 hours of notice is given to Kar Savior Inc. (dba the Car Savior) is provided.
You agree to indemnify and hold Kar Savior and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
You further understand the instructions for inspecting and diagnosing your car is done at your OWN RISK. YOU AGREE THAT WORKING ON YOUR CAR IS DANGEROUS.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Kar Savior, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Kar Savior provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Kar Savior nor any Kar Savior's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Kar Savior are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Exceptions to above clause, otherwise termed “Guarantee”:
Once a repair is complete, Kar Savior will provide a 12 month, 12,000 mile warranty (whichever comes first) on repairs. Warranty will not cover: damage done by abnormal use, damage done by a third party, unrelated damage, failures or repairs resulting from a consequence from the repairs complete, or “Risky” repairs. Risky repairs are repairs known by the Mechanic as being an incomplete, temporary, or otherwise against the mechanics recommendation.
In the event You know of a potential warranty issue, you must contact Kar Savior Inc. (dba the Car Savior) within 21 days of knowing about the issue through firstname.lastname@example.org. Once contacted, at no cost to you, Kar Savior Inc. (dba the Car Savior) will have the option to repair the vehicle twice. If Kar Savior Inc. (dba the Car Savior) is not able to fix the repair after two attempts, Kar Savior Inc. (dba the Car Savior) will refund payment of the service. At no time will Kar Savior Inc. (dba the Car Savior) reimburse You for more than the cost of the repair contracted through Kar Savior Inc. (dba the Car Savior).
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Kar Savior Inc. (dba the Car Savior) and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application or Services booked through the Application.
To the maximum extent permitted by applicable law, in no event shall Kar Savior Inc. (dba the Car Savior) or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Kar Savior Inc. (dba the Car Savior) or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
You understand that Mechanic may operate the vehicle for the purposes of testing, diagnosis, or delivery. Kar Savior Inc. (dba the Car Savior), nor Mechanics contracted through the site, assume no responsibility for the loss or damage by theft, fire, or acts of god, to vehicles onsite of mechanic or while on the road driving.
You further understand that the Mechanics are third party service providers. You acknowledge that Kar Savior Inc. (dba the Car Savior) does not supervise, direct, or control Mechanics's work.
You understand that some Age Related Damage may occur during Repairs which is beyond the control of the Mechanic. This is commonly due to aging materials, such as plastics or rubber. This may include, for example, vacuum lines that must be moved during a repair, and break because they old and brittle. Mechanics will do everything to minimize Age Related Damage, but some may be inevitable. In event of Age Related Damage, you release the Mechanic from any liability related to Age Related Damage.
In the event of a Mobile Mechanic performs service at your home or office, Mobile Mechanic will do everything possible to minimize leaks or stains on the ground from fluid leakages, however you understand that some leaks and stains are inevitable. You release the Mechanic from any liability related to leaks or stains.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The Application and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Kar Savior Inc. (dba the Car Savior) reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Texas, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us at email@example.com.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Texas or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
The Agreement constitutes the entire agreement between you and Kar Savior Inc. (dba the Car Savior) regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Kar Savior Inc. (dba the Car Savior).
You may be subject to additional terms and conditions that apply when you use or purchase other Kar Savior Inc. (dba the Car Savior)'s services, which Kar Savior Inc. (dba the Car Savior) will provide to you at the time of such use or purchase.