CUSTOMER TERMS AND CONDITIONS
Last updated: February 14, 2017
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Zuhme. 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. Zuhme 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.
Zuhme may amend the Terms related to the Services from time to time. Amendments will be effective upon Zuhme’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 “Zuhme Platform”) that enables users of Zuhme’s websites or mobile applications provided as part of the Services, or users of Zuhme 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 ZUHME 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, Zuhme 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 Zuhme.
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 Zuhme; (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.
Ownership. The Services and all rights herein are and shall remain Zuhme’s property. 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 Zuhme’s company names, logos, product and service names, trademarks or services 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 Zuhme 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. You 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 Zuhme’s 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. Zuhme is not liable for any loss that you may suffer through the use of your password by others. You shall notify Zuhme immediately of any unauthorized use of your account or of any other breach of security known to you with respect to Zuhme.
Communications between you and Zuhme. 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 Zuhme, 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 Zuhme, its affiliated companies and/or Third Party Providers, including but not limited to: operational communications concerning your User account or use of the Zuhme Platform or Services, updates concerning new and existing features on the Zuhme Platform, communications concerning promotions run by us or our Third Party Providers, and news concerning Zuhme and car services. You may opt out of receiving text (SMS) messages from Zuhme 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. Zuhme 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. Zuhme 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 Zuhme 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 Zuhme; (iii) may be disabled by Zuhme at any time for any reason without liability to Zuhme; (iv) may only be used pursuant to the specific terms that Zuhme establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Zuhme reserves 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 Zuhme 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, Zuhme 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 Zuhme.
User Provided Content. Zuhme may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Zuhme 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 Zuhme, you grant Zuhme 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 Zuhme’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, Zuhme 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 Zuhme 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 Zuhme’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 to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Zuhme in its sole discretion, whether or not such material may be protected by law. Zuhme may, but shall not be obligated to, review, monitor, or remove User Content, at Zuhme’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, Zuhme website and Applications and any updates thereto. Zuhme does 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 info@Zuhme.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 Zuhme.
Once you submit your Job Request, we may provide you with price based on your Job Request and/or a list of Third Party Providers from our network, along with experience for each of these technicians and “rating” (based on previous customers’ reviews) (if applicable). Zuhme 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 Zuhme. When you request to reschedule a Job, you agree to change the date or hours of the requested Job through the Zuhme 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 co-operation 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.
Zuhme provides a communication platform which allows you to connect with Third Party Providers. Zuhme is 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 Zuhme 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, Zuhme 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), or, if applicable, the payment of cancellation fee if you cancel the Job. You agree not to make any payment or other arrangements with 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, Zuhme 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 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 Zuhme. All Charges are due immediately and payment will be facilitated by Zuhme using the preferred payment method designated in your Account, after which Zuhme 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 Zuhme 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 Zuhme, Zuhme reserves 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 Zuhme’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.
Zuhme 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 Zuhme. 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, Zuhme 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 Zuhme.
Policy for Service Cancellation by You. You may cancel their scheduled Service or Job at any time, subject to the following. If you cancel within 3 hours of your scheduled Service or Job, there is no cancellation fee. If you cancel with less than 3 hours before your scheduled Service or Job, you will be charged a $20 cancellation fee. Zuhme reserves the right to establish, remove and/or revise its cancellation policy and/or cancellation fee schedule applicable to any or all services and/or goods obtained through the use of the Services at any time in Zuhme’s sole discretion.
Policy for Service cancellation by Third Party Provider. When a Third Party Provider cancels a scheduled Service appointment or Job, Zuhme 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 Zuhme harmless from any liability that may result from the cancellation of a Job or refusal of Third Party Provider to complete a Job.
There may be instances where, after Third Party Provider has arrived at your location, the Third Party Provider found that the Third Party Provider is not able to successfully complete a Job, for reasons including, without limitation, that the Third Party Provider does not have access or permission to work on your vehicle at the location you provided, that the location is not fit for automotive services (e.g., hill or uneven surface), that the information you provided with respect to your vehicle is inaccurate or incomplete. In such instances, you may be charged a minimum fee of cancellation fee.
Zuhme.com Gift Cards may be used only for the purchase of eligible goods and/or services on Zuhme.com or Zuhme 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 user account page. Zuhme.com is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
Inspection or Diagnosis Work
You understand that Zuhme Platform does not provide an inspection job that equates a state inspection or a SMOG inspection, and you acknowledge that obtaining an inspection or passing inspection in an inspection Job through the Zuhme Platform does not indicate that your vehicle would pass 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, Zuhme 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.
Zuhme 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 body work 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 Zuhme’s network, when performing pre-purchase inspections, do not clean or disassemble vehicles prior to or during inspection.
Third Party Providers go to the car owner’s location to inspect the car. They do not put the car on a lift but may use the floor jacks to raise up parts of the car. Pre-purchase inspections are not diagnosis Jobs. Diagnostic equipment is not typically used in a pre-purchase inspection. Third Party Providers may identify the VIN (vehicle identification number), but does not check the authenticity of the VIN, history, or title.
Moreover, you understand that many aspects of the inspection are subjective. Zuhme’s services are similar to what you would see and hear if you were to inspect the car yourself and you had the same level of experience as the Third Party Providers inspecting your vehicle. Since many aspects of the inspection are subjective, the Third Party Provider is providing you with his or her opinion. If you were to perform the inspection yourself, you might come to a different conclusion than the Third Party Provider.
Each inspection is limited to the points expressly stated in the Inspection Report. For example, a pre-purchase inspection is limited to points, e.g., the 150 points, expressly stated in the inspection report. If you request an inspection of an item not included within the stated points, the Third Party Provider may make a reasonable effort to inspect that additional item; however, Zuhme does not guarantee that the additional item will be inspected. If reference to the additional item is not expressly included in the notes section of the report, you should assume that the item was not inspected. Zuhme reserves the right to reject inspection requests in its sole discretion.
In a pre-purchase inspection, Third Party Providers try to test drive most vehicles during an inspection, they may not test drive a vehicle for a number of reasons. These reasons could include, but are not limited to, a refusal of the vehicle’s current owner to allow a test drive, weather conditions or accessibility of suitable test drive facilities. A test drive is not required for an Third Party Provider to complete an inspection report, and unless the inspection report specifically states that a test drive was conducted, no such test drive was conducted. Pre-purchase inspection is not guaranteed because it is an assessment of the condition of the car at a specific point in time. Changes in the vehicle inspected can occur and/or manifest themselves between the time a vehicle is inspected and when the vehicle is actually purchased, including, without limitation, physical and mechanical damage, wear and tear, owner modifications and/or substandard repairs. For example, after the inspection, a part may be altered that would affect the overall condition of the car, thereby invalidating the mechanic’s inspection report. These changes may detrimentally impact the value and/or desirability of the vehicle. The likelihood of such changes occurring increases the longer the elapsed time between a vehicle’s inspection and purchase. During pre-purchase inspection, a car is fully assembled, Third Party Provider cannot see the inside of an engine or transmission during the inspection and do not take the whole car apart to check every component in the car. Thus, there may be possibilities of impending failures that are not evident at the time of inspection. Zuhme is not responsible for damage to cars or others during any pre-purchase inspection, nor for the acts of the Third party Provider.
You agree that Zuhme does not advise on the value of any vehicle being inspected or authenticate its origin. You agree that, although a Third Party Provider may provide comments on a vehicle being inspected, whether or not to purchase the vehicle is entirely your decision, Zuhme does not provide advice as to whether you should purchase or decline to purchase any vehicle inspected, and you purchase or decline to purchase a vehicle at your own risk. Zuhme does not determine if a vehicle is emission compliant. Zuhme does not provide advice as to whether a vehicle will perform properly.
Vetting of Third Party Providers
Third Party Providers may be subject to an extensive vetting process before they can register for and during their use of the Zuhme Platform, including but not limited to, a comprehensive criminal background check, using third party services as appropriate. Although we may perform background checks of Third Party Providers, we cannot confirm that each Third Party Provider is who they claim to be and therefore, Zuhme cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Zuhme Platform. When interacting with Third Party Providers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. ZUHME IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ZUHME PLATFORM AND YOU HEREBY RELEASE ZUHME FROM ANY LIABILITY RELATED THERETO. ZUHME WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE ZUHME PLATFORM.
The terms and conditions of our Limited Warranty (available here) are incorporated into this Agreement by reference. We may amend the Limited Warranty from time to time, posting changes here, your continued access or use of the Services after posting constitutes your consent to be bound by the Terms, as amended.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY , THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. ZUHME DOES NOT PROVIDE, AND SPECIFICALLY DISCLAIM, REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY ZUHME OR OTHER PARTIES WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. ZUHME MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ZUHME DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitations of Liability
YOU AGREE NOT TO HOLD ZUHME (OR, ITS STOCKHOLDERS, ITS AFFILIATES, ITS LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE ZUHME PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ZUHME OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL ZUHME OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE ZUHME PLATFORM OR ANY SERVICES OR MERCHANDISE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, WHETHER OR NOT ZUHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZUHME AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE ZUHME PLATFORM. ZUHME AND MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ZUHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZUHME SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZUHME’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING CAR INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. ZUHME’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE CAR INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT ZUHME HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO CAR INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ZUHME OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR SUCH JOB.
THE ZUHME PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE ZUHME PLATFORM CONNECTS YOU TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING SERVICES, ZUHME WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE ZUHME FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDER. ZUHME EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND THIRD PARTY PROVIDER IN YOUR USE OF ZUHME PLATFORM. BECAUSE ZUHME IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN YOU AND THIRD PARTY PROVIDER OR IN THE COMPLETION OF ANY JOB, IN THE EVENT THAT YOU HAVE A DISPUTE WITH THIRD PARTY PROVIDER, YOU RELEASE ZUHME AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE ZUHME PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE ZUHME PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE ZUHME PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE ZUHME PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE ZUHME PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE ZUHME PLATFORM.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Zuhme and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Zuhme Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Third Party Provider), and (v) Your Information and content that you submit or transmit through the Zuhme Platform. Zuhme reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Zuhme.
Arbitration. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Zuhme in accordance with the Consumer Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in any state doing business. You acknowledge and agree that you and Zuhme are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Zuhme otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims (e.g., one individual’s claims, one entity’s claims), and may not otherwise preside over any form of any class or representative proceeding. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Zuhme’s intellectual property rights, Zuhme may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and you consent to exclusive jurisdiction and venue in such courts. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it at any court having jurisdiction. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential.
General. You may not assign these Terms without Zuhme’s prior written approval. Zuhme may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Zuhme’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Zuhme or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Zuhme’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 Zuhme in writing.
Governing Law. This Agreement and the relationship between you and Zuhme will be governed by the laws of the State of Michigan, 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. Zuhme respects the intellectual property of others. Zuhme will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Services infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to Zuhme a properly submitted copyright notice as indicated below, Zuhme will investigate, and if it determines, in its discretion, that the material is infringing, Zuhme will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included; (ii) A statement specifically identifying the location of the infringing material, with enough detail that Zuhme may find it. Please note: it is not sufficient to merely provide a top level URL; (iii) The complete name, address, telephone number and e-mail address of Complainant; (iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Zuhme’s contact information for notice of alleged copyright infringement is via email: info@Zuhme.com or via mail: Zuhme, 5047 W Main St, Kalamazoo, MI 49009. Notice. Zuhme may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Zuhme, with such notice deemed given when received by Zuhme, at any time by first class mail to Zuhme, 5047 W. Main St, Kalamazoo, MI 49009
Links to Other Websites and Display of Others’ Brand Names or Logos. The Zuhme Platform may contain logos and/or brand names of third parties, and/or links (such as hyperlinks) to third-party websites. Such brands, logos, and links do not constitute the endorsement by Zuhme of those parties, sites or their content. They are provided as an information service, for reference and convenience only. Zuhme does not control any such sites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on the Zuhme Platform to such websites (including without limitation external websites that are framed by the Zuhme Platform as well as any advertisements displayed in connection therewith) does not mean that Zuhme endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. Zuhme expressly disclaims any liability arising in connection with your use and/or viewing of any websites, others’ brands or logos, or other material associated with links, logos or brand names that may appear on the Zuhme Platform. You hereby agree to hold Zuhme harmless from any liability that may result from the use of links that may appear on the Zuhme 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 such delay is caused by a fire, earthquake, flood, war, terrorist act, governmental act, failure of common carriers (including Internet service providers), act of God, or any other event beyond the control of Zuhme or Third Party Provider.