The Terms and Conditions set forth herein (the “Terms”) comprise the agreement between you and MotorAid, Inc. ("MotorAid"), a Texas limited liability company, governing your use of MotorAid’s mobile automotive maintenance and repair service (each, a “Service” and collectively, the "Services") which are available through https://motoraidllc.com (the "Site") or through use of our consumer app (the "App").
By accessing the Site or the App, and/or by using the Services, you confirm your agreement to be bound by these Terms. 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. MotorAid 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.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MOTORAID ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
MotorAid provides you with access to automotive mechanics with whom you can schedule a service of your vehicle to be performed at your home, place of work, or other location that us mutually agreeable to you and the mechanic. All mechanics performing Services are independent contractors of MotorAid. Services may include diagnostics and roadside assistance services, either separately or in addition to other maintenance and repair services. You may request one Service or multiple Services at a time.
You must register with MotorAid to access and use the Services provided by MotorAid and the mechanics. When you schedule your first Service, you will be asked to provide identifying information as a part of creating a MotorAid account (an “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, unless a specific Service permits otherwise. Account registration requires you to submit to MotorAid certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by MotorAid. You also will be asked to identify the vehicle that will be serviced (make, model, year and license plate). 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, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. 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. Unless otherwise permitted by MotorAid in writing, you may only possess one Account. You will be able to view a history of all Services performed within your MotorAid Account.
To request an appointment with a mechanic for a Service, you will submit a request through the App or on the Site (a "Service Request"). You will be asked to (i) confirm the required vehicle information, (ii) provide the location where you would like the Service performed, (iii) provide pictures of the vehicle and the surrounding area, and (iv) provide the date and time you would like the Service to be performed. MotorAid will then provide a list of mechanics who have identified themselves as being ready, able and willing to perform the requested Service. You will receive access to each such mechanic’s Motoraid profile, which will contain photographs, applicable experience, skills and licenses, and any available consumer ratings. You will then choose a mechanic from that list and schedule the Service with the mechanic of your choice through the Site or the App (as applicable).
If you need to cancel a scheduled Service before the work is performed, you may do so on the App or the Site; provided that, in order to avoid any cancellation fees or charges, any such cancellation must occur within ten (10) minutes of the scheduling of the Service. Any cancellations occurring after the five-minute grace period may incur a cancellation fee up to the quoted amount to be charged for the Service.
If you schedule a Service and the mechanic does not arrive within one (1) hour, you may cancel the Service and receive a full refund; provided that, if the mechanic was delayed to acts of God, fire, flood, tornado, labor shortage, or any other circumstance that is out of the reasonable control of the mechanic, then the mechanic shall have up to 45 additional minutes to arrive for the scheduled Service.
Your mechanic may charge a reasonable fee on a per-mile-basis for any service call that is more than 5 miles from the mechanic’s location at the time the Service Request. Further, your mechanic may charge a reasonable surcharge for Service Requests that are entered between the hours of 8PM and 6AM, Monday through Sunday.
MotorAid may create and maintain a platform allowing you to post reviews of the mechanics that provide your Service(s). MotorAid shall have the right, but not the obligation, to edit, alter, or remove any such reviews, but only if such reviews are profane or inappropriate for MotorAid’s platform, in its commercially reasonable discretion. MotorAid reserves the right to create and maintain a publicly available platform for posting reviews of you as a customer. MotorAid shall have no obligation to edit, alter, or remove any such reviews on your behalf.
MotorAid uses a third-party payment processor to validate credit and debit cards and process payments. MotorAid does not directly receive or store your credit or debit card information. When you schedule a Service, you will be asked to authorize a charge to your card upon completion of the Service for the amount of the quote you accepted on the App or the Site. Upon completion of the Service (or, in some cases, upon a cancellation after the Service Request has been accepted by a mechanic), your debit or credit card will be charged for the amount specified, as well any applicable sales tax, if any. Although your credit or debit card provider may give you notice of the authorized charge, your card will not be charged, and no funds will be transferred to MotorAid, until the Service is completed. MotorAid may charge up to a 2% tax for processing your payment.
All payments will be enabled by MotorAid using the preferred payment method designated in your profile, after which you will receive a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MotorAid may use a secondary payment method in your profile, if available. Charges paid by you are final and non-refundable, unless otherwise determined by MotorAid.
MotorAid does not designate any portion of your payment as a tip or gratuity to a mechanic. Any representation by MotorAid (on MotorAid's website, in the App, or in MotorAid's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that MotorAid provides any additional amounts, beyond those described above, to a mechanic you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any mechanic that provides a Service, you are under no obligation to do so. Gratuities are voluntary.
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the mechanic or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
AS A CONDITION FOR YOUR ACCESS TO THE SERVICE, YOU AGREE NOT TO MAKE ANY SEPARATE PAYMENT OR OTHER PAYMENT ARRANGEMENTS WITH THE MECHANIC WHO PERFORMS A SERVICE. MOTORAID RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY FAILURE BY YOU TO COMPLY WITH THE FOREGOING OR ANY OTHER TERMS OF THESE TERMS.
IN THE EVENT OF ANY DISPUTE OR DISSATISFACTION REGARDING THE PERFORMANCE OF THE SERVICES, THE CLIENT HEREBY AGREES TO MAKE ALL COMMERCIALLY REASONABLE ATTEMPTS TO RESOLVE THE ISSUE DIRECTLY WITH THE MECHANIC THAT PERFORMED THE SERVICES.
You agree that MotorAid may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a MotorAid account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from MotorAid at any time, either by texting the word "STOP" to firstname.lastname@example.org using the mobile device that is receiving the messages, or by contacting www.motoraidllc.com. If you do not choose to opt out, MotorAid may contact you as outlined in its User Privacy Statement, located at https://www.MotorAidllc.com/privacy/notice.
MotorAid may, in MotorAid's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MotorAid through the Services, the Site, or the App, 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 MotorAid, you grant MotorAid a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, 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 MotorAid'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.
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 MotorAid 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 MotorAid'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 MotorAid in its sole discretion, whether or not such material may be protected by law. MotorAid may, but shall not be obligated to, review, monitor, or remove User Content, at MotorAid's sole discretion and at any time and for any reason, without notice to you.
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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MotorAid 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.
Subject to your compliance with the provisions of these Terms, MotorAid hereby grants you a limited, revocable, non-exclusive, non-transferable license, to access the Services and to view any and/or user content to which you are permitted access on the Site and/or on the App, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MotorAid or its licensors, except for the licenses and rights expressly granted in these Terms.
You acknowledge that all of the intellectual property rights in the Service are owned by MotorAid or its licensors. You shall not (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services; or (ii) rent, lease, loan, or sell access to the Services. We reserve the right to modify, enhance, or discontinue the Services at any time.
THE SERVICES ARE MADE AVAILABLE ON AN "AS IS” AND "WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. MOTORAID SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN ADDITION, MOTORAID 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. MOTORAID DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE MECHANICS. YOU ACKNOWLEDGE THAT ALL REPAIR AND MAINTENANCE WORK IS PROVIDED BY INDEPENDENT MECHANICS, NOT BY MOTORAID. ACCORDINGLY, MOTORAID HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES OR PARTS PROVIDED TO YOU BY SUCH MECHANICS. 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.
UNDER NO CIRCUMSTANCES WILL MOTORAID'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND ANY JOB EXCEED THE AMOUNT INVOICED FOR SUCH SERVICE. IN ADDITION, IN NO EVENT WILL MOTORAID BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT MOTORAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL SURVIVE INDEFINITELY.
You agree to indemnify and hold MotorAid and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MotorAid's use of your User Content; or (iv) your violation of the rights of any third party, including the mechanics performing the Services and any other third-party service providers.
You acknowledge and agree that you and MotorAid are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
A Party who intends to seek arbitration must first send to the other, by email, a notice of dispute (“Notice”). The Notice to MotorAid should be sent via email to email@example.com and by mail to the notice address set forth below. In the Notice, please provide your name, telephone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from MotorAid.
If the Parties are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site. (The AAA provides a Demand for Arbitration form.) Any settlement offer made by you or MotorAid shall not be disclosed to the arbitrator.
Any dispute, claim or controversy between you and MotorAid arising out of, or relating to, these Terms and/or MotorAid (including its respective subsidiaries, employees, officers, directors, agents, third party insurance brokers or products, and third party claims administrators) and not resolved in accordance with the preceding paragraph shall be finally decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. This precludes you from bringing any class, collective, or representative action against MotorAid, and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MotorAid by someone else. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Dallas, Texas. During the course of any arbitration hereunder, each party will bear its own costs and attorneys' fees, and share equally the arbitrator's fees and expenses, except that the arbitrator shall award to the prevailing party all reasonable attorneys' fees resulting directly or indirectly from such arbitration. The award rendered by the arbitrator shall be final, and judgment may be entered upon it at any court having jurisdiction. The only exceptions to this Agreement to Arbitrate are: (1) each Party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the “Agreement to Arbitrate”); and (2) disputes or claims that can be brought in small claims court.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Texas.
Governing Law. These Terms and the relationship between you and MotorAid will be governed by the laws of the State of Texas, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.
No Assignment. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void.
Force Majeure. Any delay in the availability of the Service or the performance of any Job will not be considered a breach of these Terms 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, pandemic or other health-related catastrophe, or any other event beyond the control of MotorAid or the mechanic.
Severability. If any provision of these Terms is held or determined to be invalid, unenforceable, or void, the remainder of these Terms shall remain in full force and effect.
Entire Agreement; No Waiver. These Terms constitute the entire agreement between you and MotorAid regarding the use of the Service. Our failure to exercise or enforce any right or provision of the Agreement will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Gender Neutrality.Any use of the male or female pronouns in this Agreement, whether “he,” “she,” “him,” “her” or words or phrases to similar effect, shall have no significance in the interpretation and application of the terms, provisions and conditions of this Agreement, such use being solely for the sake of convenience.
Notices. We may give notice to you by email or other means of communication provided to us in your Account. You must provide notice to MotorAid by first class USPS mail or overnight courier delivery service to: MotorAid, Attn: Legal Department, 200 N State Avenue, Lancaster, Texas 75145, P.O. Box 447.
Questions.Please contact us with any questions regarding these Terms by sending an email to firstname.lastname@example.org.