Terms & Conditions

1.    User's Acknowledgment and Acceptance of Terms

 

CARRUBCARRUB LLC., (,hereinafter referred to as “CARRUB”,  (referred to as "us" or "we") provides offers access to, and utilization of, thethe  CARRUBCARRUB mobile application (the (“App”). The App provides the end user access to motor vehicle, motorcycle, Recreational Vehicle, ATV’s, trailer and boat services and including, but not limited to, various relatedcar wash and detail  services (together referred to as this "site") subject to your the end he application users’ compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreements between us CARRUB (or your company)and the applicationend users, including, but not limited to, their divisions, departments, subsidiaries, affiliates, successors, assigns,predecessors, present or former officersassigns, officers, directors, owners, shareholders, and or agents and all other persons acting or purporting to act on its behalf (but specifically not its attorneys)..  In addition, when using particular services or materials on this App, end users shall be subject to any posted guidelines, federal and state statutes, ordinances, regulaitonsregulations, or rules, including common law (“Laws”), applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules aLaws are hereby incorporated by reference into these Terms of Use. The tortious replevin of the mobile apps terms and conditions, terms of use, user agreements, site design and layout and intellectual property (which includes Intellectual property (“IP”) will be prosecuted to the fullest extent.  This include the app designs, graphics, app name, app logo, source code, etc.) will be prosecuted. 

 

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS APP, YOU AGREE THAT YOU ARE OVER THE AGE OF 18 YEARS, ARE A LEGAL ADULT IN YOUR COMMUNITYTHE STATE OF FLORIDA, AND AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU ARE NOT A LEGAL ADULT OR IF YOU ARE OVER THE AGE OF 18 BUT DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE APP NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS APP, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS APP, IS TO STOP USING THE APP AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.  YOUR AGREEMENT WITH US CARRUB REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS APP. YOU AGREE TO INDEMNIFY THE DEVELOPER OF THIS APPLICATION, INCLUDING THEIR DIVISIONS, DEPARTMENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, PREDECESSORS, PRESENT OR FORMER OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, EMPLOYEES OR AND AGENTS AND ALL OTHER PERSONS ACTING OR PURPORTING TO ACT ON ITS BEHALF. .

 

These Terms of Use are effective as of July 15,ne 1, 2019.  We reserve the right to change these Terms of Use from time to time without any precedent or subsequent  notice to you. You acknowledge and agree that it is your responsibility to review this Appthe siteApp and these Terms of Use periodically and to be aware of any modifications, supplementations and revisions of policy.  Your continued use of this App after such modifications, supplementations and revisions will constitute your acknowledgment and consent of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. 

 

As used in these Terms of Use, references to our "Affiliates" include our owners, parent companies, subsidiaries, affiliated companies, officers, directors, shareholders, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this App and/or its contents.

 

2.    Description of Services

 

We CARRUB make offers various services available on this the App AppSite including, but not limited to, connecting individuals or corporate entities which provide car washesers, automobile mechanical servicess, oil change servicers providers and detailers (collectively the “Service Providers”) with consumers (“Consumers”) to wash and/or detail the Consumer’s vehicles at the place specified by both parties (the “Services”). YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES AND/OR DELIVERY OF PRODUCTS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH CARRUBCARRUB AS A PROVIDER OF THOSE SERVICES. CARRUB IS A TECHNOLOGY PLATFORM AND DOES NOT PROVIDE AUTO DETAILING/WASHING SERVICES, AUTOMOBILE MECHANIC SERVICES, OIL CHANGE SERVICES,  OR OPERATE AS AN AUTO DETAILING/WASHING/MECHANIC COMPANY. 

 

We reserve the sole right, in our sole and absolute discretion,  to either modify or discontinue the App, including any features therein, at any time with or without precedent or subsequent notice to you.  We shall not be liable for any legal or equitable claims, whether in tort, contract, statutory, common law, or a combination, to you or any third party should we exercise such right.  Modifications may include, but are not limited to, changes in the pricing structure, the addition or removal of fee-based services, or changes to access. Any new features that augment or enhance the then-current services on this App shall also be subject to these Terms of Use.

 

You understand and agree that temporary interruptions of the services available through this App may occur as normal events.  You further understand and agree that we have no control over third party networks you may access in the normal course of the use of this App, and therefore, delays and disruption of other network transmissions are completely beyond our control. CARRUB serves as a liason between the service provider and the customer, and has no liability or control over the service provider’s arrival time, departure time, telephone servicing or operation. 

 

You understand and agree that the services available on this App are provided as a convenience"AS IS" and that we assume no responsibility for, or make any expressed implied warranties regarding, the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.



 

3.    Map of these Terms

 

These Terms are divided into three (3) parts hereafter. Part I contains additional terms that apply to both Consumers and Service Providers. Part II contains additional terms that apply to the Consumers. And Part III contains additional terms that apply to the Service Providers.


 

I.  COMMON TERMS

 

43. .    Registration Data and Privacy

 

In order to access some of the services on this App, you will require a uniqueseparate account and password specific to you, that can be obtained by completing our online registration form, which requests certain information and data which includes but is not necessarily limited to the consumers name, address, phone number, car make, model and license plate number ("Registration Data") and maintaining and updating your Registration Data as required.  By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

 

You also grant us the right to disclose to third parties certain Registration Data about you.  The information we obtain through your use of this App, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. CARRUB will not sell or share the data obtained within its App to any third party outside of the employ of CARRUB or its affiliated companies and businesses. 

 

5.4.    License Grant.

 

Subject to your compliance with these Terms, CarRubCARRUB grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App on your personal electronic device, computer, tablet, or smart phone, solely in connection with your use of the Services offered by the App; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by and unto CarRubCARRUB and CarRubCARRUB's licensors.

56.    Conduct on App

 

Your use of the App is subject to all applicable federal and state laws and regulations, and you are solely responsible for the contents of your communications through the App.  By posting or reviewing information in, on, or through the App, or otherwise using any communications whether via instant message service, text, email, message board, newsgroup, social media platform, other interactive service that may be available to you on or through this App, you agree that you will not upload, share, post, publish, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, video in any format, or other information -- that:

 

(a)    Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of violent acts, criminal acts, lewd and lascivious acts, sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

 

(b)    Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, nationality, age, or disability;

 

(c)    Infringes on any patent, unique car wash product,  trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, but especially CARRUB. Violaters may incur criminal liability,  civil liability, or both;

 

(d)    Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

(e)    Contains malware, software viruses, or any other malicious computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of CARRUB, or any other user, service provider, or third party; 

 

(f)    Impersonates any person or entity, including, but not limited to, any governmental official or entity, law enforcement agency, any of our employees or representatives; or

 

(g)    Is criminal in nature or solicitous of any criminal act.

 

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the App.  We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, or other interactive services that may be available on or through this App.  However, we and our agents have the right, in at their sole and absolute discretion, and without notice, to remove any content that, in our sole and absolute judgment, does not comply with these Terms of Use, the intent of the App, and any other rules of user conduct for our App, or is otherwise harmful, unlawful, objectionable, distasteful or inaccurate.  We are not responsible for any failure or delay in removing such content, and do not assume any liability for any emotional or mental distress that may occur from communications, whether via instant message service, text, email, message board, newsgroup, social media platform, other interactive service that are obtained from or seen on this App. You hereby consent to such removal and waive any claim against us arising out of such removal of content.  CARRUB is not liable for the action, comments or other communications of its service providers, but reserves the right to terminate on notification of communications in violations of these terms of use by consumers upon proof of same. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this App infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary right of any party.

 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.  Not all areas of the App may be available to you or other authorized users of the App. You shall not interfere with anyone else's use and enjoyment of the App or other similar services.  Users who violate systems or network security may incur criminal liability, or civil liability, or both.

 

You agree that we may at any time, and at our sole and absolute discretion, terminate your membership without prior notice to you for violating any of the above provisions.  In addition, you acknowledge and understand that we will cooperate fully with investigations of violations of systems or network security at other Apps, including cooperating with federal and state law enforcement authorities in investigating suspected criminal violations.

 

67.    Third Party Sites and Information

 

This App may link you to websites on the internet or otherwise include references to information, documents, software, programs, applications, materials and/or services provided by thirdother parties.  These websites may contain information or material that some people may find inappropriate or offensive. These websites and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to thirdother parties or their products and services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.

 

78.    Intellectual Property Information

 

Copyright © 2019 CarRubCARRUB, LLC All Rights Reserved.

 

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our App.  This includes, but is in no way limited to, message boards, chat, and other original content.

 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of CarRubCARRUB, LLC and/or its Affiliates.  You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this App in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this App.  Any unauthorized use of the materials appearing on this App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. CARRUB’s trademarks, copyrights, patents and marketing materials are considered trade secrets and the utilization of same without CARRUBs explicit permission will result in the utilization of available intellectual copytight protections, including those available under the Digital Millennium Copyright Act and The United States Patent and Trademark office. 

 

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this App will not infringe the rights of third parties.  See "User’s of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this App infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of CarRubCARRUB, LLC or its Affiliates.  All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of CarRubCARRUB, LLC or its Affiliates. The unauthorized use of the name CARRUB or it’s trademark(s), service mark(s) or logo(s) may result in civil penalties. 

 

89.    User's Materials

 

Subject to our Privacy Policy, any communication or material that you transmit to this App or to us for any reason will be treated as non-confidential and non-proprietary.  While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

 

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.  We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. This is not to say that legitimate concerns or feedback is not welcome; CARRUB is dedicated to the satisfaction of its service providers and consumers. 

 

We respect the intellectual property of others, and we ask you to do the same.  If you or any user of this App believes its copyright, trademark or other property rights have been infringed by a posting on this App, you or the user should send notification to our Designated Agent (as identified below) immediately.  To be effective, the notification must include:

 

(a)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'

 

(b)    Specific Iidentification of the copyrighted work claimed to have been infringed;

 

(c)    Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

 

(d)    Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

 

(e)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

 

(f)    A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.  Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

 

Designated Agent for Claimed Infringement:

 

General Counsel for CarRubCARRUB, LLC

 

138 W. Palmetto Park Rd.731 North Pine Island Rd # 205

Boca RatonPlantation, FL  33432

 

support@carrubCARRUB.com

 

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our App without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

910.    Limitation of Liability

 

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this App shall be limited to the amount you paid us for the services on the App during the one (1) month period before the act giving rise to the liability.

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP OR OF ANY WEB APP REFERENCED OR LINKED TO FROM THIS APP.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS ApPPp OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS APPpp, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

101.    Indemnification

 

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this App.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. CARRUB is a third party, thechnological liason between Consumers and Service Providers and is not liable for damage to vehicles, boats, RVs or recreational vehicles being serviced by our service providers. CARRUB service providers are independent contractors and issues involving damage to person or property should be negitated between those parties. Likewise, and injury to person or property that occurs to the service provider in the execution of their duty is recoverable only from the service providers company. CARRUB is not responsible for the medical well being of its independent contractors. The User of this app, be it Consumer or Service provider, explicitly releases CARRUB for any incidental damage that may occur in the execution of the requested service. 

 

112.    Participation in Promotions

 

From time to time, this App may include advertisements offered by third parties.  You may enter into correspondence with or participate in promotions of the advertisers showing their products or services on this App.  Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser.  We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

123.    Use of App and Storage of Material

 

This App is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility.  Although we take reasonable precautions to preserve and protect the material you upload to the App, you should not rely on the App as a storage facility for any data.  You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data. CARRUB is not liable for any data breaches, cyber theft, cyber terrorism or hackers. 

 

134.    Security and Password

 

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred.  Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never NEVER ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. 

 

145.    International Use

 

Although this App may be accessible worldwide, we make no representation that materials on this App are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this App is void where prohibited.

 

156.    Termination of Use

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms of Use.  Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.Service providers and Consumers that utilize this CARRUB agree that they will maintain the referral relationship exclusively through the App. The theft of clientele from the application, and respectively the utilization of a referred service provider by a consumer outside of the App will be prosecuted. CARRUB spends tremendous time and funding in coordinating, interviewing and marketing its services, service professionals and consumers. CARRUB will prosecute the anticipated lost profits of any of its users in small claims court. Users who violate systems or network security may incur criminal liability, civil liability, or both

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this App.  We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 4-11, 13, 16-20, 22-24, and 25-27 of these Terms of Use, as well as yYour liability for any unpaid fees, shall survive any termination.

 

167.    Governing Law

 

This App (excluding any linked websites) is controlled by us from our offices within the State of Florida, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this App both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles, shall  apply to all matters relating to the use of this App and the purchase of products and services available through this App. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of Palm Beach County, Florida and the United States District Court for the Southern District of Florida with respect to such matters.

 

178.    Notices

 

All notices to a party shall be in writing and shall be made either via email or conventional mail.  Notices to us must be sent to the attention of Customer Service at support@carrubCARRUB.com, if by email, or at CarRubCARRUB, LLC, 138 W. Palmetto Park Rd., Boca Raton731 North Pine Island Rd #205, Plantation, FL  33432 if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the App to inform you of changes to the terms and conditions on the App or other matters of importance, and such broadcasts shall constitute notice to you.

 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.

 

19.    Entire Agreement

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.  To the extent that anything in or associated with this App is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, it shall not affect the enforceability of any other provision of this Agreement. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement, and this Agreement shall be enforced as if the Agreement did not contain the invalid, illegal, or unenforceable provision.

 

20.    Miscellaneous

 

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees.  Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any thing party, and any purported attempt to do so shall be null and void.  We may free assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this App, or use of or access to this App.

 

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our App arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

21.    Contact Information

 

This App is operated by CarRubCARRUB, LLC, a Florida limited liability company, located at 138 W. Palmetto Park Rd., Boca Raton, FL 33432731 North Pine Island Rd #205, Plantation, FL 33324.  Our email address is ssupport@carrubCARRUB.com. If you notice that any user is violating these Terms, please contact us at support@carrubCARRUB.com.

 

II. CONSUMER-SPECIFIC TERMS 

22.    Payment 

 

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). CarRub will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees as required by law. 

All Charges and payments will be enabled by CarRub using the preferred payment method designated in your Account, after which you will receive 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 CarRub may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by CarRub.

If you order a product or service through this App that requires payment of a fee, you agree to pay all fees associated with such product or service (“Charges”). As between you and CarRub, CarRub reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the App at any time in CarRub's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. CarRub will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. CarRub 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 at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Service Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. CarRub may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Service Providers or other third parties.

 

In certain cases, with respect to Service Providers, Charges you incur will be owed directly to Service Providers, and CarRub will collect payment of those charges from you, on the Service Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Service Provider. In such cases, you retain the right to request lower Charges from a Service Provider for services or goods received by you from such Service Provider at the time you receive such services or goods, and Charges you incur will be owed to the Service Provider. CarRub will respond accordingly to any request from a Service Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Service Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to CarRub or its affiliates, where CarRub is solely liable for any obligations to Service Providers. In such cases, you retain the right to request lower Charges from CarRub for services or goods received by you from a Service Provider at the time you receive such services or goods, and CarRub will respond accordingly to any request from you to modify the Charges for a particular service or good. CarRub does not designate any portion of your payment as a tip or gratuity to a Service Provider. Any representation by CarRub (on CarRub's website, in the Application, or in CarRub'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 CarRub provides any additional amounts, beyond those described above, to a Service Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Service Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

 

23.    Disclaimer of Warranties

 

You understand that when you order a service through the App, you are entering into an agreement with a third party Service Provider, not CarRub, LLC, nor its officers, agents or assigns. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

 

FURTHERMORE, ALL MATERIALS AND SERVICES ON THIS APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS OR SERVICES OBTAINED BY YOU FROM THE APP FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

THIS APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.  THE MATERIALS OR SERVICES AT THIS APP MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

III. SERVICE PROVIDER-SPECIFIC TERMS


 

24.    Payment 

 

For all Services provided through this App, we will bill the Consumer’s credit card prior to the commencement of the service. Once the Service Provider marks the Service as complete the funds will transfer to the Service Provider.  You agree to provide us with accurate and complete banking information, including your name, address and telephone number, and to provide us with any changes in such information within seven (7) days of the change.

 

You agree that CarRub may, at its sole discretion, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time.CarRub 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 to honor such promotional offers and discounts. You may elect to cancel your rendition of  the Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on the Consumer’s behalf. After you have performed services or delivered any goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. CarRub may use the proceeds of any Charges for any purpose.

 

25.    Decorum

 

All Service Providers are expected to arrive on time and at the correct location to perform the Services. While the Consumer is expected to supply a water source, Service Providers are expected to supply all materials needed to perform the Services, including but not limited to, soap, wax, scented car paraphernalia, cleaning supplies, drying supplies, tire cleaner, tire shine, and anything else needed to perform the Services.

 

Service Providers are expected to be professional and courteous, and shall never ask to enter a Consumer’s home or place of work for any reason. Violation of any of this section 25 will be grounds to termination Service Provider’s use of the App to perform any Services, in CarRub’s sole discretion.

 

25.    Disclaimer of Warranties

 

ALL MATERIALS AND SERVICES ON THIS APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE APP FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. WE FURTHER MAKE NO ASSERTIONS OR GUARANTEES TO THE AMOUNT OF MONEY A SERVICE PROVIDER MAY MAKE, IF ANY.

 

THIS APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.  THE MATERIALS OR SERVICES AT THIS APP MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

You understand that when you agree to perform a Service through the App, you are entering into an agreement with a third party Consumer, not CarRub, LLC, nor its officers, agents or assigns. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  

 

26.    Further Indemnification

 

You agree to indemnify and hold CarRub 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 provision 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) CarRub's use of your User Content; or (iv) your violation of the rights of any third party, including Consumers or other Service Providers.

 

27.     Non-Solicitation

 

Service Provider must not, whether acting directly or indirectly, during the Service Provider’s use of the App or for two (2) years (the “Restrictive Period”) after the termination of the Service Provider’s use of the App solicit, entice, persuade, induce, contact or otherwise discuss with any person, who at any time during the period of the engagement with CarRub was a Consumer of the App, as defined in these Terms, to induce, entice or persuade such Consumer  to become a customer or client of or enter into any contractual or other relationship with Service Provider outside the purview of the App for the provision of any goods or services provided through the App. “Person” as used in this section includes a natural person or legal person such as a corporation, LLC or other business entity created by statute or law.

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