Terms and Conditions for MobileMechanic.com by Mechlance Inc
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Mechlance Inc. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you, and supersede content or information you read or have access to at other places, such as our website, emails, or applications. Mechlance may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.
Supplemental terms may apply and will be disclosed to you. Supplemental terms include, but are not limited to, policies for a particular event, activity or promotion. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Mechlance may amend the Terms related to the Services from time to time. Amendments will be effective upon Mechlance's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement as a person as provided in this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for auto inspection, diagnosis, maintenance, repair, towing work, and/or other vehicle service-related work to be performed for another person.
The Services constitute a technology platform (referred hereinafter as “Mechlance Platform”) that enables users of Mechlance's websites or mobile applications provided as part of the Services, or users of Mechlance generally, to access our network of independent third-party vehicle service providers (e.g., independent automotive mechanic or technician contractors, independent vehicle towing service providers, or other independent contractors providing services on cars) (“Third Party Providers”), and/or to arrange and schedule a vehicle inspection, diagnosis, maintenance, repair, and/or towing. YOU ACKNOWLEDGE THAT Mechlance DOES NOT PROVIDE VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, OR TOWING SERVICES OR FUNCTION AS A VEHICLE SERVICE PROVIDER.
License. Subject to your compliance with these Terms, Mechlance grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications or the website in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by Mechlance.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Mechlance; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Termination by Wrench. We may terminate this Agreement or terminate or suspend your right to use the Services at any time without reason, or with reason (including, without limitation, in the event that we believe that you have failed to make payment for the Service(s), or if we find that you have engaged in inappropriate and/or offensive behavior, or if you have violated any of the Terms herein) by providing you with verbal, written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Wrench may delete the account and all the information in it. You have no ownership rights to your account.
Ownership. The Services and all rights herein are and shall remain the property of Mechlance Inc & MobileMechanic.com. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Mechlance Inc & MobileMechanic.com's company names, logos, product and service names, trademarks, or service marks.
Your Use of the Services
User Accounts. In order to use most aspects of the Services, you must register for and maintain an active user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Mechlance Inc & MobileMechanic.com certain personal information, such as your name, email address, address, vehicle information, and/or mobile phone number, and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your Account. Your vehicle information may include, without limitation, the license plate number, VIN (Vehicle Identification Number), make, model, year, engine size, trim, etc. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Mechlance Inc & MobileMechanic.com are not liable for any loss that you may suffer through the use of your password by others. You shall notify Mechlance Inc & MobileMechanic.com immediately of any unauthorized use of your account or of any other breach of security known to you with respect to Mechlance Inc & MobileMechanic.com.
Communications between you and Mechlance Inc & MobileMechanic.com. You expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Mechlance Inc & MobileMechanic.com, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Mechlance Inc & MobileMechanic.com, its affiliated companies, and/or Third Party Providers, including but not limited to: operational communications concerning your User account or use of the Mechlance Inc & MobileMechanic.com Platform or Services, updates concerning new and existing features on the Mechlance Inc & MobileMechanic.com Platform, communications concerning promotions run by us or our Third Party Providers, and news concerning Mechlance Inc & MobileMechanic.com and car services. You may opt out of receiving text (SMS) messages from Mechlance Inc & MobileMechanic.com at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. You agree to our use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Third Party Provider using a telephone number provided by us. During this process, we will receive in real time and store call data, including the date and time of the call or text (SMS) message, the phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to our use and disclosure of this call data for its legitimate business purposes. Mechlance Inc & MobileMechanic.com may send you confirmation and other transactional emails regarding the Services. We may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
Promotional Codes or Credits. Mechlance Inc & MobileMechanic.com may, in its sole discretion, create promotional codes or credits that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Mechlance Inc & MobileMechanic.com establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes and credits: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Mechlance Inc & MobileMechanic.com; (iii) may be disabled by Mechlance Inc & MobileMechanic.com at any time for any reason without liability to Mechlance Inc & MobileMechanic.com; (iv) may only be used pursuant to the specific terms that Mechlance Inc & MobileMechanic.com establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Mechlance Inc & MobileMechanic.com reserve the right to interpret how the Promo Codes or credits will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Mechlance Inc & MobileMechanic.com determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. When you request a diagnosis Job and a Third Party Provider is not able to perform a repair Job as a follow-up to the diagnosis Job, Mechlance Inc & MobileMechanic.com may, in its sole discretion, create a credit in your user account which may be used towards future maintenance or repair work as designated by Mechlance Inc & MobileMechanic.com.
User Provided Content. Mechlance Inc & MobileMechanic.com may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Mechlance Inc & MobileMechanic.com through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Mechlance Inc & MobileMechanic.com, you grant Mechlance Inc & MobileMechanic.com a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Mechlance Inc & MobileMechanic.com's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, Mechlance Inc & MobileMechanic.com shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any User Content. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Mechlance Inc & MobileMechanic.com the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Mechlance Inc & MobileMechanic.com's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Mechlance Inc & MobileMechanic.com in its sole discretion, whether or not such material may be protected by law. Mechlance Inc & MobileMechanic.com may, but shall not be obligated to, review, monitor, or remove User Content, at Mechlance Inc & MobileMechanic.com's sole discretion and at any time and for any reason or no reason, without notice to you.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, the Mechlance Inc & MobileMechanic.com website and Applications, and any updates thereto. Mechlance Inc & MobileMechanic.com do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
If you would like to receive the replaced parts from your car upon completion of the Job, please email us at hi@MechlanceInc.com, and, if applicable, you will be charged the core price for the replacement part, and you will be responsible for proper disposition of such parts in accordance with all applicable laws, regulations, and rules. Notwithstanding the foregoing, any defective parts removed from your car in connection with the servicing of a claim under our Limited Warranty must be returned to Mechlance Inc & MobileMechanic.com.
Once you submit your Job Request, we may provide you with a price based on your Job Request and/or a list of Third Party Providers from our network, along with their experience and “rating” (based on previous customers’ reviews) (if applicable). Mechlance Inc & MobileMechanic.com reserves the right to modify, add, or delete items and/or price at any time prior to billing you. If you have agreed with the Third Party Provider to modify, add, or delete items in the Job Request or to reschedule a Job, you bear the responsibility for notifying Mechlance Inc & MobileMechanic.com. When you request to reschedule a Job, you agree to change the date or hours of the requested Job through the Mechlance Inc & MobileMechanic.com Platform.
You agree to treat Third Party Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to Third Party Providers to enable them to complete the Job. You acknowledge that your selected Third Party Provider may be unavailable from time to time, e.g., due to illness or vacation.
Mechlance Inc & MobileMechanic.com provide a communication platform which allows you to connect with Third Party Providers. Mechlance Inc & MobileMechanic.com are not the employer of any Third Party Providers. You acknowledge that we do not supervise, direct, or control a Third Party Provider’s work or Services performed in any manner. A Third Party Provider provides services to you as an independent contractor and is not an employee, joint venture, partner, agent, or franchisee of Mechlance Inc & MobileMechanic.com for any purpose whatsoever.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). Charges may include any applicable federal, state, and local taxes. At the time you schedule a Job, Mechlance Inc & MobileMechanic.com will record your preferred payment method information and validate your payment information. You authorize the payment of Charge(s) according to your preferred payment method information in your account (e.g., credit card payment information), upon completion of the Job, or, if applicable, the payment of a cancellation fee if you cancel the Job. You agree not to make any payment or other arrangements with a Third Party Provider who performs the Job that are different from the payment method information in your account. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
After you have received services or goods obtained through your use of the Service, Mechlance Inc & MobileMechanic.com will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such a manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by Mechlance Inc & MobileMechanic.com. All Charges are due immediately, and payment will be facilitated by Mechlance Inc & MobileMechanic.com using the preferred payment method designated in your Account, after which Mechlance Inc & MobileMechanic.com will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Mechlance Inc & MobileMechanic.com may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account if available.
As between you and Mechlance Inc & MobileMechanic.com, Mechlance Inc & MobileMechanic.com reserve the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Mechlance Inc & MobileMechanic.com's sole discretion. You understand that, in the process of performing a Job, a Third Party Provider may modify inspection, diagnosis, maintenance, or repair work needed, or add additional work for your vehicle, and in such situations, you authorize the payment of updated or modified Charge(s) upon completion of the updated or modified Job. If, in the process of performing a Job, the Third Party Provider determines that your car requires services that are different from the ones you specified in your original Job Request or that the Third Party Provider is not able to perform such work, you may be charged a separate diagnosis fee of $159.
Mechlance Inc & MobileMechanic.com may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.
Termination by Mechlance Inc & MobileMechanic.com. We may terminate this Agreement or terminate or suspend your right to use the Services at any time without reason or with reason (including, without limitation, in the event that we believe that you have failed to make payment for the Service(s), or if we find that you have engaged in inappropriate and/or offensive behavior, or if you have violated any of the Terms herein) by providing you with verbal, written, or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Mechlance Inc & MobileMechanic.com may delete the account and all the information in it. You have no ownership rights to your account.
Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your password or account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your password or account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by Mechlance Inc & MobileMechanic.com.
Policy for Service Cancellation by You. You may cancel your scheduled Service or Job at any time, subject to the following conditions. If you cancel more than 48 hours before a scheduled Service appointment or Job, there is no cancellation fee. If you cancel within 48 hours of the scheduled start time for the Job or scheduled Service, you will be charged a $75 cancellation fee.
Policy for Service Cancellation by Third Party Provider. When a Third Party Provider cancels a scheduled Service appointment or Job, Mechlance Inc & MobileMechanic.com generally notifies you and makes your Service request available for another Third Party Provider. However, we cannot guarantee that a canceled Service appointment or Job will be selected by another Third Party Provider and rescheduled, or that the Service request will be completed. Third Party Providers reserve the right to refuse a Job Request. You hereby agree to hold Mechlance Inc & MobileMechanic.com harmless from any liability that may result from the cancellation of a Job or refusal of a Third Party Provider to complete a Job.
There may be instances where, after a Third Party Provider has arrived at your location, they find that they are unable to successfully complete a Job for reasons including, without limitation, lack of access or permission to work on your vehicle at the provided location, unsuitability of the location for automotive services (e.g., hilly or uneven surface), or inaccurate or incomplete information provided about your vehicle. In such instances, you may be charged a minimum fee of $80.
Mechlance Inc & MobileMechanic.com Gift Cards may be used only for the purchase of eligible goods and/or services on Mechlance Inc & MobileMechanic.com or Mechlance Inc & MobileMechanic.com applications. Except as required by law, Gift Cards cannot be transferred for value or redeemed for cash. Purchases are deducted from the Gift Card balance. To redeem or view a Gift Card balance, please visit the user account page. Mechlance Inc & MobileMechanic.com are not responsible if a Gift Card is lost, stolen, destroyed, or used without permission.
Inspection or Diagnosis Work
You understand that the Mechlance Inc & MobileMechanic.com Platform does not provide an inspection job that equates to a state inspection or a SMOG inspection. You acknowledge that obtaining an inspection or passing inspection in an inspection Job through the Mechlance Inc & MobileMechanic.com Platform does not indicate that your vehicle would pass a state inspection or a SMOG inspection.
If you schedule a diagnosis Job with one of the Third Party Providers in our network, the mechanic will first seek to diagnose the problem with your car. You understand that in performing an auto repair diagnosis, the mechanic may go through a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate tests. You understand that, although mechanics utilize their auto repair experience in performing diagnoses in accordance with industry standards, Mechlance Inc & MobileMechanic.com cannot guarantee that any particular diagnosis performed on your car will identify all of the problems with your car (and/or solutions) during the first inspection. Sometimes, the only way to get to the root cause of a problem is to go through a process of elimination – that is, to replace a part suspected to be defective with a known good part, and then to recheck the car to see whether or not the problem still exists.
After receiving a diagnosis, you may request subsequent repair work recommended based on the diagnosis. You agree that the Limited Warranty applies only to such repair work, not to the completeness of the diagnosis or to any problems that you may be experiencing with your car (other than a problem with the replaced part itself). For example, if your car has an oil leak, the leak may be coming from two or three different places in your engine. The mechanic may recommend replacing the part responsible for the most obvious source of the leak and then recheck the car to see if there are other components that are leaking too. You understand that, if there are other leaking components, replacing those other components would be separate work subject to an additional charge.
Mechlance Inc & MobileMechanic.com vehicle pre-purchase inspections are based on what is seen and heard through the eyes and ears of Third Party Providers who perform pre-purchase inspections. You understand that weather and light conditions, as well as the cleanliness of the vehicle both inside and out at the time of the actual inspection, can reduce the accuracy of the inspection, making things such as repainting and bodywork difficult to detect. For the most accurate inspection report, the vehicle must be clean, dry, and well-lit at the time of inspection. Third Party Providers in Mechlance Inc & MobileMechanic.com’s network, when performing pre-purchase inspections, do not clean or disassemble vehicles prior to or during inspection.
Third Party Providers' Inspection Process
Third Party Providers from Mechlance Inc & MobileMechanic.com conduct on-site inspections of the vehicle at the owner's location. They utilize floor jacks to elevate specific parts of the vehicle, but do not employ lifts for this purpose. It's important to note that these pre-purchase inspections are distinct from diagnostic jobs, and diagnostic equipment is not typically utilized during such inspections. While Third Party Providers may identify the Vehicle Identification Number (VIN), they do not verify its authenticity, history, or title.
Additionally, it is essential to recognize that many elements of the inspection are subjective in nature. Mechlance Inc & MobileMechanic.com's services mirror what one might observe and assess when inspecting a vehicle independently, assuming one possesses the same level of experience as the Third Party Providers examining the vehicle. Given the subjectivity inherent in many aspects of the inspection, the Third Party Provider offers their professional opinion. In the event that you were to perform the inspection yourself, your conclusions might differ from those of the Third Party Provider.
Each inspection is limited to the specific points explicitly outlined in the Inspection Report. For instance, a pre-purchase inspection is confined to the points expressly detailed in the inspection report, such as the 150 specified points. If you request an inspection of an item not covered within the designated points, the Third Party Provider may make a reasonable effort to inspect that additional item. However, Mechlance Inc & MobileMechanic.com does not guarantee the inspection of the additional item unless explicitly noted in the report's comments section. Mechlance Inc & MobileMechanic.com reserves the right to reject inspection requests at its discretion.
In the context of a pre-purchase inspection, Third Party Providers generally aim to conduct test drives for most vehicles. However, there may be situations where a test drive is not possible. Reasons for this may include the current owner's refusal to permit a test drive, unfavorable weather conditions, or the unavailability of suitable test drive facilities. It is important to emphasize that a test drive is not obligatory for the completion of an inspection report. Unless otherwise stated in the report, no test drive was conducted.
It's essential to understand that a pre-purchase inspection provides an assessment of the vehicle's condition at a specific point in time. Changes in the inspected vehicle can occur between the time of the inspection and the actual purchase. These changes may encompass physical and mechanical damage, wear and tear, owner modifications, and substandard repairs. For example, a part may be altered after the inspection, potentially affecting the overall condition of the vehicle, thus rendering the mechanic's inspection report obsolete. These changes may impact the vehicle's value and desirability. The likelihood of such changes increases the longer the period between the inspection and the purchase. During a pre-purchase inspection, the vehicle remains fully assembled, and the Third Party Provider does not disassemble the vehicle or inspect every component within it. Therefore, the possibility of impending failures not evident at the time of inspection exists.
Disclaimer and Vehicle Assessment
You acknowledge that Mechlance Inc & MobileMechanic.com does not provide advice on the value or authenticity of any vehicle subjected to inspection. Whether or not to purchase the inspected vehicle is solely your decision. Mechlance Inc & MobileMechanic.com does not offer guidance on whether a vehicle will perform correctly or comply with emission standards. It's crucial to recognize that Mechlance Inc & MobileMechanic.com acts as a connection platform, facilitating interactions between users and Third Party Providers. As such, Mechlance Inc & MobileMechanic.com does not play a role in determining the suitability, legality, or abilities of Third Party Providers.
Vetting of Third Party Providers
Third Party Providers may undergo a comprehensive vetting process before and during their engagement with the Mechlance Inc & MobileMechanic.com platform. This process may include a thorough criminal background check using appropriate third-party services. While background checks are conducted, Mechlance Inc & MobileMechanic.com cannot verify the identity of every Third Party Provider with absolute certainty. Consequently, Mechlance Inc & MobileMechanic.com assumes no responsibility for the accuracy or reliability of identity or background check information or any data provided through the platform. When interacting with Third Party Providers, it is advisable to exercise caution and common sense to safeguard your personal safety and property, just as you would when dealing with unfamiliar individuals. Mechlance Inc & MobileMechanic.com disclaims any responsibility for the conduct of users, both online and offline, on its platform, and you release Mechlance Inc & MobileMechanic.com from any liability associated with such conduct. Mechlance Inc & MobileMechanic.com will not be liable for any claims, injuries, or damages arising from your use of the platform.
The terms and conditions of our Limited Warranty (available here) are incorporated into this Agreement by reference. Mechlance Inc & MobileMechanic.com may update the Limited Warranty periodically, with any changes being posted here. Your continued use of the Services following such updates constitutes your acceptance of the amended terms.
With the exception of the provisions in the Limited Warranty, the Services and parts are provided on an "as is," "as available," and "with all faults" basis, without any warranties or conditions, express, implied, or statutory. Your use of the Services is entirely at your own risk. Mechlance Inc & MobileMechanic.com does not offer any representation or warranty of any kind, including but not limited to express or implied warranties of merchantability or fitness for a particular purpose, informational content accuracy, non-infringement, quiet enjoyment, title, error-free operation of the site, uninterrupted service, or correction of defects or errors in the site. Mechlance Inc & MobileMechanic.com also does not guarantee the quality, suitability, safety, or capability of Third Party Providers. You agree that the entire risk associated with your use of the Services, any requested services or goods, remains solely with you, to the maximum extent permitted by applicable law.
Limitations of Liability
You agree not to hold Mechlance Inc & MobileMechanic.com or its Members liable for any claims, losses, expenses, liabilities, damages, or demands arising from your use or inability to use the Mechlance Inc & MobileMechanic.com platform, including any disputes with users or Third Party Providers, services provided, or any actions or services of Third Party Providers. Mechlance Inc & MobileMechanic.com and its Members will not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages resulting from your use of the platform or services, regardless of the theory of liability. Mechlance Inc & MobileMechanic.com and its Members do not accept any liability for the quality or fitness of work performed through the platform. Mechlance Inc & MobileMechanic.com shall not be liable for delays or failures in performance beyond its reasonable control. You acknowledge that Third Party Providers offering car inspection, diagnosis, maintenance, repair, and towing services may not be professionally licensed or permitted. Mechlance Inc & MobileMechanic.com's services facilitate your interaction with Third Party Providers, and Mechlance Inc & MobileMechanic.com assumes no responsibility or liability for these services beyond what is explicitly stated in these terms. Some jurisdictions may not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding these exclusions, Mechlance Inc & MobileMechanic.com or its Members are found liable for damages
, their aggregate liability will not exceed the amount invoiced for such job.
If you are a California resident, you waive California Civil Code Section 1542 to the extent permitted by California law. This section states: "A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor," as well as any other unknown claims under California Civil Code Section 1542 or any similar statutory or common law principle.
You agree to indemnify, defend, and hold harmless Mechlance Inc & MobileMechanic.com and its Members from any and all claims, losses, expenses, liabilities, damages, or demands, including attorneys' fees and costs incurred, arising from your use or misuse of the platform, violation of this Agreement, violation of any applicable law or regulation, violation of another's rights (including Third Party Providers), or any content you submit or transmit through the platform. Mechlance Inc & MobileMechanic.com reserves the right to assume the exclusive defense and control of any matter subject to your indemnification, at its own expense. You may not settle any such matter without Mechlance Inc & MobileMechanic.com's prior written consent.
Arbitration: You agree that any dispute, claim, or controversy arising out of or related to these Terms or their breach, termination, enforcement, interpretation, validity, or the use of the Services (collectively referred to as "Disputes") will be resolved through binding arbitration. This arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, with a single arbitrator appointed following these rules. Unless otherwise required by applicable law, such arbitration shall take place in Santa Clara, California. You acknowledge and agree that both you and Mechlance Inc & MobileMechanic.com are waiving the right to a trial by jury or participation in any class action or representative proceeding. Furthermore, unless you and Mechlance Inc & MobileMechanic.com agree otherwise in writing, the arbitrator may not consolidate multiple persons' claims or preside over any form of class or representative proceeding. Each party is responsible for its own attorney, expert, and other fees, unless the arbitrator awards such fees to the prevailing party. However, in the event of any violation or threat to violate Mechlance Inc & MobileMechanic.com's intellectual property rights, Mechlance Inc & MobileMechanic.com may seek injunctive or other appropriate relief in any state or federal court in California, with exclusive jurisdiction and venue in such courts. The arbitrator's award will be final and binding, and judgment may be entered upon it in any court with jurisdiction. The arbitrator has the authority to grant temporary, preliminary, and permanent injunctive and equitable relief as necessary. All arbitration proceedings are confidential.
Limitations of Liability
Repair and Maintenance Providers: You acknowledge that all repair and maintenance work is carried out by independent mechanics, not by Mechlance Inc & MobileMechanic.com. Accordingly, except as provided in the Limited Warranty, Mechlance Inc & MobileMechanic.com has no responsibility or liability for any services or parts provided to you by these mechanics.
Liability Cap: Under no circumstances will Mechlance Inc & MobileMechanic.com's liability arising from or related to this Agreement and any job exceed the amount invoiced for that job. Additionally, Mechlance Inc & MobileMechanic.com will not be liable for special, indirect, incidental, punitive, or consequential damages of any kind, regardless of the theory of liability, including but not limited to contract, strict liability, tort (including negligence), or otherwise, even if Mechlance Inc & MobileMechanic.com has been advised of the possibility of such damages. This limitation applies to the fullest extent permitted by law and will endure indefinitely.
General: You may not assign these Terms without prior written approval from Mechlance Inc & MobileMechanic.com. Mechlance Inc & MobileMechanic.com may assign these Terms without your consent to a subsidiary or affiliate, an acquirer of its equity, business, or assets, or a successor by merger. Any assignment in violation of this section is void. No joint venture, partnership, employment, or agency relationship arises between you, Mechlance Inc & MobileMechanic.com, or any Third Party Provider as a result of this Agreement or your use of the Services. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent permitted by law. Mechlance Inc & MobileMechanic.com's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mechlance Inc & MobileMechanic.com in writing.
Governing Law: This Agreement and your relationship with Mechlance Inc & MobileMechanic.com are governed by the laws of the State of Delaware, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.
Complaints of Copyright Infringement: Mechlance Inc & MobileMechanic.com respects intellectual property rights. If you believe materials on or in connection with the Services infringe your copyright or other intellectual property rights, you can submit a copyright notice to Mechlance Inc & MobileMechanic.com as indicated below. Mechlance Inc & MobileMechanic.com will investigate and, if it determines that the material is infringing, remove the content. A proper copyright notice should include (i) identification of the intellectual property right allegedly infringed, (ii) specific identification of the location of the infringing material, (iii) your contact information, (iv) a statement of your good faith belief that the use is unauthorized, (v) a statement that the information is accurate, and (vi) a physical or electronic signature. Mechlance Inc & MobileMechanic.com's contact for copyright notices is Support@MobileMechanic.com or by mail at Attn: Legal, Mechlance Inc & MobileMechanic.com, 6388 158th st west apple valley mn 55124.
Notice:** Mechlance Inc & MobileMechanic.com may provide notice through the Services, email to your Account address, or written communication sent by mail. Such notice is considered given upon expiration of 48 hours after mailing or posting (if sent by mail) or 12 hours after sending (if sent by email). You may send notice to Mechlance Inc & MobileMechanic.com by mail to Mechlance Inc & MobileMechanic.com, Attn: Legal, 6388 158th st west apple valley mn 55124.
Links to Other Websites and Display of Others’ Brand Names or Logos:** The Mechlance Inc & MobileMechanic.com Platform may contain third-party logos and brand names or links to third-party websites. These do not constitute endorsements by Mechlance Inc & MobileMechanic.com of those parties, sites, or their content, and are provided for reference and convenience only. Mechlance Inc & MobileMechanic.com does not control these sites and is not responsible for their availability, accuracy, content, advertising, products, or services. Mechlance Inc & MobileMechanic.com disclaims any liability arising from your use and/or viewing of such websites, logos, or brand names that may appear on the platform.
Force Majeure:** Any delay in the availability of the Service or the performance of any Job will not be considered a breach of this Agreement if caused by events beyond Mechlance Inc & MobileMechanic.com's control, such as natural disasters, war, terrorism, governmental acts, and other unforeseeable events.
Questions:** If you have any questions regarding this Agreement, please contact us at Support@MobileMechanic.com.