TERMS OF SERVICE
Updated: September 13, 2019
The carcarekiosk.com website is owned and operated by Flatsix, LLC. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.
“Agreement” refers to these Terms of Service.
“Buyer(s)” shall refer to the individual or entity seeking to purchase Services from Providers through the Website.
“Content” shall refer to the contents of the Website, including without limitation the text, graphics, images, audio, and video, as well as any product or service descriptions, pricing, and reviews. “Content” does not include User Submitted Content as defined below.
“Flatsix” refers to the company Flatsix, LLC.
“Flatsix Services” shall refer to the services provided by Flatsix through the Website, consisting of the provision of information and videos relating to the maintenance of cars, as well as a platform for connecting Buyers and Providers. Flatsix Services do not include Provider Services.
“Provider Services” shall refer to the services that Providers offer and provide to Buyers through the Website.
“Providers” shall refer to the individual or entity seeking to sell Provider Services to Buyers through the Website.
“Services” refers to both Flatsix Services and Provider Services collectively.
“User Submitted Content” shall refer to any content that You submit to the Website, including, but not limited to, text, graphics, images, audio, and video.
“Users” shall refer to anyone who uses Flatsix Services, including Buyers, Providers, and users of the Website.
“Website” refers to the carcarekiosk.com website.
“You” shall refer to you, the person who is entering this Agreement with Flatsix.
The Website, Content, and Services are owned by Flatsix and constitute proprietary information and property that are protected by United States copyright and/or trademark law, as well as applicable foreign laws. You understand and acknowledge that Flatsix Services are intended to augment, not replace, the instruction and advice provided by your owner’s manual and your qualified automotive technician.
Flatsix hereby grants You permission to use the Content, provided that (i) your use is solely for your personal, noncommercial use (other than purchasing or selling the Provider Services featured on the Website); (ii) You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. To the extent the Website provides features allowing You to distribute the content by email, social media, or another method, You may distribute the Content using such features. If You violate any of these terms, your permission to use the Content automatically terminates.
With regard to the Provider Services, Flatsix provides a platform to assist Buyers and Providers to find, compare, purchase, and sell mechanic services. Flatsix does not receive any fees from Buyers or Providers in connection with the Provider Services. Flatsix does not provide or otherwise sell the Provider Services featured on the Website and Flatsix is not acting as an agent, broker, employee, or employer of any Buyer or Provider. Accordingly, the Website acts only as an online marketplace, and Flatsix is not and will not be a party to any agreement between any Buyer and Provider regarding the purchase of any Provider Services featured on the Website. Flatsix has no control over, and makes no representations, regarding any qualities or characteristics of the Provider Services being sold and provided by Providers. Flatsix does not warrant that any Provider Services, prices, taxes, or descriptions are accurate, complete, or reliable. You, as a Buyer or Provider, are responsible for paying all applicable taxes, including, but not limited to, sales and use taxes.
As a condition for your use of the Website and Services, You agree (i) not to use the Services for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); (ii) not to engage in any behavior that is violent, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by Flatsix in its sole discretion; and (iii) not to interfere or disrupt the Services or servers or networks connected to the Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any other destructive code. You agree not to engage in price-switching or price-baiting practices when using the Services. Flatsix has the right to interrupt, suspend, or terminate the Services if it suspects that You are engaging in unlawful, fraudulent, or abusive activity.
To the extent a dispute arises between a Buyer and a Provider, Buyer agrees that his/her/its sole recourse for any and all claims relating to the Provider Services sold by Provider shall be Provider, not Flatsix. Likewise, to the extent a dispute arises between a Buyer and a Provider, Provider agrees that his/her/its sole recourse for any and all claims relating to Provider Services purchased by Buyer, including payment disputes, shall be the Buyer, not Flatsix.
No joint venture, partnership, employment, or agency exists between You and Flatsix, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.
Provider represents and warrants that it is compliance with all applicable laws in connection with the sale and provision of the Provider Services.
You will need an account to use some of the Services. You shall protect any passwords and account information and take full responsibility for your own, and any third party, use of your account. If You learn of any unauthorized use of your password or account, contact Flatsix immediately.
You warrant that You own all intellectual property rights in any User Submitted Content or that You have the appropriate license rights from the owner for any User Submitted Content. You retain all ownership rights to your User Submitted Content. By submitting content to the Website, You grant Flatsix a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content.
Flatsix disclaims any liability for any User Submitted Content or third party content submitted to, or posted on, the Website. If You believe that any materials on the Website infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to Flatsix at the following address:
Attention: General Counsel
P.O. Box 70151
Milwaukee, WI 53207
To provide effective notification, please provide the following information:
The Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Flatsix of the contents, products, services, or business practices of such third party websites. Flatsix is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLATSIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FLATSIX DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLATSIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY PROVIDER SERVICES LISTED ON THE WEBSITE AND PURCHASED BY YOU. YOU assume all risk for any damage to your computer system or loss of data that results from USE OF the WEBSITE OR services, including any damages resulting from computer viruses. FLATSIX does not authorize anyone to make any warranties on its behalf, and you should not rely on any warranties made by third parties.
NEITHER FLATSIX NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, OR APPLICATION, OR (II) THE SALE, PURCHASE, OR USE OF THE PROVIDER SERVICES.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF FLATSIX HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR SERVICES; AND/OR (V) ANY DAMAGES RESULTING FROM PROVIDER SERVICES SOLD OR PURCHASED.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
FLATSIX’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO FLATSIX OR $10, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless Flatsix, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Website or Services, (ii) your violation of these Terms of Service, (iii) the sale, purchase, or use of any Provider Services, (iv) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (v) any submission by You that causes damage to a third party.
You shall cooperate as fully as reasonably required in the defense of any claim. Flatsix reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of Flatsix without Flatsix’s prior written approval.
Providers shall maintain, at their own cost and expense, commercial general liability insurance against claims for personal injury, bodily injury, death, property damage, and advertising injury. Flatsix recommends insurance of at least: $1,000,000 per occurrence, $2,000,000 general aggregate, and $1,000,000 advertising and personal injury. However, You should protect against any risk of loss by obtaining insurance coverage in the amount you believe is reasonably necessary for the provision of your Provider Services. Flatsix may require proof of insurance from Provider in order to use the Website and Services.
TO THE FULLEST EXTENT PERMITTED BY LAW AND THE APPLICABLE INSURANCE POLICY(IES) YOU OBTAIN AND MAINTAIN, YOU RELEASE FLATSIX FROM ALL LIABILITY FOR ANY LOSS, OCCURRENCE, EVENT, OR CONDITION COVERED BY YOUR INSURANCE.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and conditions in these Terms of Service.
In any event, You affirm that You are over the age of 13, as the Website and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Website or Services.
Flatsix may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Website or Services for any or no reason, including, but not limited to, breach of these Terms of Service.
These Terms of Service may not be assigned by You without the prior written approval of Flatsix. Flatsix may assign these Terms of Service without your consent.
If any provision of these Terms of Service is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, arbitrator, or court, and the remaining provisions shall remain in full force and effect.
The failure of Flatsix to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by Flatsix. In addition, Flatsix’s waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.
These Terms of Service constitute the complete and final expression of the entire and only understanding between You and Flatsix relating to the subject matter of this Agreement and supersedes any prior written or oral representations.