fbpx
Open Menu Close Menu
Why KindCar Partner with KindCar Get a Repair FAQ Contact Us

Copyright KindCar® [year]

CUSTOMER TERMS AND CONDITIONS


Last updated: January 6, 2019

These Terms and Conditions, together with the Privacy Policy , (incorporated herein by reference) constitute a legal agreement (the “Agreement”) between you (“you,” “your,” or “yours”) and GLASS ONE, LLC, a Washington Limited Liability Company (“Glass One,” “we,” “our,” or “us”). This Agreement sets forth the Terms and Conditions of use (“Terms”) that govern the access or use by you of websites, web-based content, vehicle diagnostic services, products (both web-based and non-web-based), and programs (both web-based and non-web-based) made available by Glass One (collectively and severally, “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By accessing and using the Services, you agree to be bound by this Agreement. If you do not agree to the Terms, you must not access or use the Services. This Agreement constitutes the entire agreement between you and Glass One.  It supersedes any representations, warranties, promises, or information of any kind you read or have access to at other places, such as our website, emails, applications, or any estimate that was affixed to your vehicle, as well as any oral representations made to you.

Glass One may amend these Terms from time to time. Amendments will be effective upon Glass One’s posting of such updated Terms here. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

REPRESENTATIONS

By accessing and using the Services, you represent and warrant that:

If you enter into 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 these Terms. 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 Services to be performed for another person.

THE SERVICES

The Services are comprised of a web-based platform hosted through the KindCar.com website and all webpages operated through such domain (such site, “Site” and such platform, “Platform”),  in-person inspections of the exteriors of motor vehicles (“Inspections”)  and diagnosis (“Diagnosis”) of needed Repairs (“Repairs”) by employees of Glass One, Inc. (“Inspectors”), estimates of the cost of Repairs (each, individually, a “Quote” or, collectively, “Quotes”) by third-party providers (“Repair Providers”), and referrals to Repair Providers.

Glass One does not provide Repairs. You acknowledge that Glass One does not supervise, direct, or control the Repairs or the work of any Repair Provider.  Glass One may deliver a warranty to you following Repairs, but Glass One does not warrant the work of any Repair Provider.

YOUR USE OF THE SERVICES


User Accounts.

The license plate number of the inspected vehicle and the Quote Identification Number (printed on the paper quote left on your vehicle) associated with that vehicle will be used to create a user account associated with that vehicle (“Account”). Once you have logged in with this information, you will be able to change the password of the Account. To fully utilize the Services, you may be required to submit certain personal information, such as your name, email address, address, vehicle information, mobile phone number, and at least one valid payment method (e.g., a credit card). Your vehicle information may include the license plate number, VIN (Vehicle Identification Number), make, model, year, engine size, trim, etc.  You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in (a) your inability to access and use the Services or (b) Glass One’s termination of this Agreement.

You are responsible for all activity that occurs through the use of your Account
, and you agree to maintain the security and secrecy of your Account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to the Site or the Platform.

License.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

Security.

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Network Access and Devices.

You are responsible for obtaining the compatible hardware or devices and data network access necessary to use the Services. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and we shall not be held liable for any such malfunction or delay.

Quotes.

  You may have received a Quote for Repairs in a pouch affixed to your vehicle.  This Quote was based on the information available to the Inspector at the time of the Inspection.  It is not binding on Glass One or any Repair Provider. The actual cost of any Repairs will be determined based on additional information about your vehicle collected either via the Platform, the Site, or by phone.

Gift Cards.

  In connection with the Services, Glass One may, from time to time and in Glass One’s discretion, offer you a gift card (“Gift Card”) redeemable at a local retailer or retailers.  Gift Cards will be activated by Glass One if you utilize the Services.  Glass One is not the issuer of any gift cards, does not control the terms of use of such gift cards, and is not liable for any damages of any kind that you may incur in connection with the possession, use, or redemption of such gift cards. Glass One is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. Your use or of such Gift Cards may be governed by terms and conditions set forth by the issuer of the Gift Card.

RESTRICTIONS ON USE

You shall not, directly or indirectly, engage in any of the following conduct (collectively, “Restrictions on Use”):

Upon termination for any reason, you continue to be bound by these Restrictions on Use.

Ownership.

The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks, or services marks. All content appearing on the Platform is our property or the property of our partners and is protected by international copyright laws. Various products and services described on the Platform may carry registered or other trademarked symbols that are property belonging exclusively to their respective owners. Unless otherwise stated on the Platform or the Site, names, graphics and logos are trademarks, service marks, or trade dress (together, “Marks”) belong to Glass One.

User Content.

We may permit you from time to time to submit, upload, publish, or otherwise make available textual, audio, or visual content and information, including commentary and feedback related to the Services and requests for Inspections and Diagnosis (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to, or otherwise make available (hereinafter, “post”) on the Service.  You agree that Glass One is only acting as a passive conduit for your online distribution and publication of your User Content. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason or no reason, without notice to you.

Any User Content provided by you remains your property.  However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense (through multiple levels of sublicensees), 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, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, we shall be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including developing, manufacturing, and marketing products and 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 us the license to the User Content as set forth above; and (ii) neither the User Content nor your posting of such User Content nor our 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.

PAYMENT TERMS

When you elect to have Repairs performed, we will ask you for a valid credit card.  The cost of the Repairs will be held on your credit card until the Repairs are complete.  Upon notification from the Repair Provider that the Repairs are complete, your credit card will be charged and you will be sent a warranty for the Repairs.

TERMINATION


Termination by Glass One.

We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, 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 pursue any available legal action. When terminating your Account, we may delete the Account and any 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 Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.

INSPECTION OR DIAGNOSIS WORK

We do not provide inspections that are equivalent to the vehicle emissions inspection mandated by the State of Washington or similar mandates of other states. Obtaining any inspection through the Platform does not indicate that your vehicle would pass a vehicle emissions inspection in Washington or any other state.

Although Inspectors use their experience in performing diagnoses, we cannot guarantee that any particular Diagnosis will identify all of the problems with your vehicle (or solutions) during the first Inspection.

After receiving a Diagnosis, you may request subsequent repair work recommended based on the Diagnosis. You agree that our 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).

VETTING OF REPAIR PROVIDERS

Although we may perform background checks of Repair Providers, we cannot confirm that each Repair Provider is who they claim to be and therefore, we cannot and do not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Platform. When interacting with Repair 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. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE GLASS ONE FROM ANY LIABILITY RELATED THERETO. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.

LIMITED WARRANTY

The terms and conditions of our Limited Warranty (available here) are incorporated into these Terms 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 of the Limited Warranty as amended.

Disclaimers

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (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 PLATFORM WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. GLASS ONE 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. GLASS ONE 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 GLASS ONE OR ITS SHAREHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE, OR OMISSION OF ANY USER OR REPAIR PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY REPAIR PROVIDER), ANY DISPUTE WITH ANY USER OR REPAIR PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY GLASS ONE OR ITS SHAREHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, OR ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL GLASS ONE OR ITS SHAREHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, 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, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GLASS ONE OR ITS SHAREHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE PLATFORM.

NOTHING IN THIS AGREEMENT OR THE 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.

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 GLASS ONE OR ITS SHAREHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS 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 THE ASSOCIATED REPAIR.

BY USING THE 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 PLATFORM.

California Waiver.

If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.

Indemnification.

You hereby agree to indemnify, defend, and hold harmless Glass One and its shareholders, affiliates, licensors, partners, members, directors, managers, officers, employees, agents, successors, and assigns 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 Platform, and 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 Inspectors and Repair Providers), and (v) your information and content that you submit or transmit through the Platform. Glass One reserves the right, at Glass One’s 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 Glass One.

The Service is controlled and operated from Glass One’s facilities in the United States. Glass One makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

DISPUTE RESOLUTION

Any dispute or claim relating in any way to your use of the Platform or any Vehicle Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Any arbitration under this Agreement will take place in Walla Walla County, Washington under the auspices of the American Arbitration Association.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial. You also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

OTHER PROVISIONS


General.

You may not assign these Terms without Glass One’s prior written approval. Glass One may assign these Terms without your consent. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Glass One, or any Repair 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. Glass One’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision, or any other right or provision, unless acknowledged and agreed to by Glass One in writing.

Applicable Law

By accessing or using the Platform or any Vehicle Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state, will govern these Terms and any dispute of any sort that might arise between you and Glass One.

Complaints of Copyright Infringement.

We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law.  Any person or entity that is a copyright owner or an agent thereof and believes that any content on the Platform infringes upon such person or entity’s copyrights, may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent (“Copyright Agent”) with the following information in writing:

Copyright infringement notifications must be directed to our Copyright Agent at 6 East Alder, Suite 415, Walla Walla, WA 99362, or email: COPYRIGHT@KindCar.com.

If the submitting party fails to comply with all of the requirements of this Section, the DMCA notice may not be valid.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Counter-Notice. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in Your Content, you may send a counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that submitting party that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the subscriber(s) or user(s) of the Licensed Application, the removed content may be replaced, or access to it restored, no earlier than ten (10) business days, and no later than fourteen (14) business days after receipt of the counter-notice.

This procedure is exclusively for notifying Glass One that your copyrighted material has been infringed. The preceding requirements are intended to comply with Glass One’s rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice.

In accordance with the DMCA and other applicable law, Glass one has adopted a policy of terminating, in appropriate circumstances and at Glass One’s sole discretion, Users who are deemed to be repeat infringers. Glass One may also at its sole discretion limit access to the Service and terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Notice.

Glass One may give notice by means of a general notice through the Glass One Platform, 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 Glass One, with such notice deemed given when received by Glass One, at any time by first class mail to Glass One, LLC, Attn: Legal at Glass One, LLC, 6 East Alder, Suite 415, Walla Walla, WA 99362, or Email, Legal@Kindcar.com

Notice for Users in California.

Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. For all Disputes other than those covered by the DMCA, you may contact us at [ADDRESS].

Links to Other Websites and Display of Others’ Brand Names or Logos.

The Platform may contain logos and brand names of third parties, and links (such as hyperlinks) to third-party websites. Such brands, logos, and links do not constitute our endorsement of those parties, sites, or their content. They are provided as an information service, for reference and convenience only. We do not control any such sites, and are not responsible for their availability or accuracy, or content, advertising, or products and services. The existence of links on the Platform to such websites (including without limitation external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites, or have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. We expressly disclaim any liability arising in connection with your use and viewing of any websites, others’ brands or logos, or other material associated with links, logos, or brand names that may appear on the Platform. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Platform.

Additional Rights.

You may have additional rights under the law of your state.

Questions.

Please contact us with any questions regarding this Agreement by emailing us at Legal@KindCar.com.