Acceptance of Terms
Otobots, LLC ("Otobots") provides the Service to provide reliable, affordable automobile service and repair at your convenience. Using the Service, users can schedule appointments with a mechanic to perform maintenance or repairs on their automobile at their residence or place of employment, so instead your automobile needs are met at your convenience.
This Agreement sets forth the Terms and Conditions of Use that apply to the use of the website or app to engage Otobots to service your vehicle. You agree to comply with all of the Terms contained in this Agreement and other documentation provided by Otobots on the website or app. The right to use the app in conjunction with your account is personal and exclusive to you and is not transferable to any other person or entity. You understand and acknowledge that due to circumstances both within and outside of the control of Otobots, access to the app or website may be interrupted, suspended or terminated from time to time.
Should you object to any term, any guidelines, or any subsequent modifications or become dissatisfied with the website or app in any way, your only recourse is to immediately discontinue use and uninstall the app from your mobile device. Otobots has the right, but is not obligated, to strictly enforce these Terms and Conditions of Use.
The Otobots name, logo, design, copy, graphics and other information located on or in the website or the app is the exclusive intellectual property of Otobots, LLC or is used with express permission of the copyright and/or trademark owner. Any transmitting, copying, posting, linking, deep linking, distributing, or other modification of the website or the app, including, but not limited to pop-over, or pop-under advertisements or redirects without the express written permission of Otobots is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Accept as otherwise noted any and all material on the website or in the app is protected by copyright as a collective work under the copyright laws of the United States. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of material is permitted without express written consent, except as provided by law.
Otobots and other trademarks used in the app or used on any website otherwise owned or operated in conjunction with The App shall not be deemed to be in the public domain but rather the exclusive property of Otobots, LLC.
User Responsibilities and Conduct
The Otobots website and app must be for lawful purposes only. Any use which violates or infringes in any way upon the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without express prior, written approval, contains advertising or any solicitation with respect to products or services, will be deemed a violation of this Agreement.
The provisions in this Section apply equally to and are for the benefit of Otobots, its subsidiaries, affiliates, contractors and its third party content providers and licensors.
Disclaimer of Warranty; Limitation of Liability.
USE OF THE WEBSITE OR APP IS AT YOUR SOLE RISK. THERE IS NO WARRANTY PROVIDED BYOTOBOTS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS THAT USE OF THE WEBSITE OR APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR APP, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE OR APP.
THE WEBSITE AND APP ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT SHALL OTOBOTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, APP OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR APP. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT WITHIN THE WEBSITE OR APP.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER OTOBOTS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN THIS SITE, OR ITS TRANSMISSION TO YOU OR FOR ANY CLAIMS OR LOSSES YOUR INABILITY TO ACCESS THE SITE. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURSIDICTONS, SOME OF THE FOREGING LIMITATIONS MAY NOT APPLY TO YOU.
Use, Monitoring Rights, and Termination
You understand that you are solely responsibility for the information you specify on the website or app. Use of the website or app may contain links to other websites which are completely independent of Otobots. Otobots makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
You acknowledge that Otobots may remove any content, information, member accounts, block email addresses, block IP addresses, or change or delete some or all of the content at any time at its discretion. Otobots has the right, but not the obligation, to monitor the content of the website or app at all times, including your account information, to ensure compliance with the Terms, as well as to satisfy any applicable law, regulation or authorized government request.
Otobots may terminate this Agreement at any time at its sole discretion. Otobots shall not be liable to you or any third-party for any termination of access to the Service.
You agree to indemnify and hold Otobots, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the website or app, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another. or our mobile app.
Third Party Content
The App may include the distribution of information supplied by, and hyperlinks to, third parties. Any contacts, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributors and not of Otobots. Under no circumstances will Otobots be liable for any loss or damage caused by your reliance on information obtained through the website or app. You access linked third party sites at your own risk.
Violation of Terms and Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to: firstname.lastname@example.org.
Notwithstanding any other provision of these Terms, Otobots retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
By engaging Otobots contractors to work on your vehicle, you are entitled to certain rights under the Illinois Auto Repair Act. Before performing any repair work, Otobots will supply you with a written estimate. Among other items, the estimate will include:
Charges for parts, labor, and diagnostic test;
Description of parts;
Disclosure of whether parts are new or used;
Statement of whether repairs are required or suggested;
Date, odometer reading, and length of time needed to repair vehicle (if more than 1 day);
Method for calculation of labor costs;
You will receive either an itemized estimate separating parts and labor, which cannot exceed by more than 10%; or a non-itemized estimate stating the total price for repair—which cannot be exceeded at all.
You will also be provided a copy of the invoice for any work - which shall indicate:
Itemized costs of parts and labor;
Warranties, if any;
If you have any questions about your rights, please don't hesitate to contact us at email@example.com.
Your Customer Rights.
UNLESS THE FACILITY PROVIDES A FIRM PRICE QUOTATION, YOU ARE ENTITLED BY LAW TO:
1. A WRITTEN ESTIMATE FOR REPAIRS THAT WILL COST MORE THAN $100 UNLESS WAIVED OR ABSENT FACE-TO-FACE CONTACT (SEE ITEM 3 BELOW).
2. AUTHORIZE ORALLY OR IN WRITING ANY REPAIRS THAT EXCEED THE ESTIMATED TOTAL PRE-SALES-TAX COST BY MORE THAN 10% OR THAT EXCEED THE LIMITED PRICE ESTIMATE.
3. AUTHORIZE ANY REPAIRS ORALLY OR IN WRITING IF YOUR VEHICLE IS LEFT WITH THE MOTOR VEHICLE REPAIR FACILITY WITHOUT FACE-TO-FACE CONTACT BETWEEN YOU AND THE MOTOR VEHICLE REPAIR FACILITY PERSONNEL.
IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE WITH THE ABOVE INFORMATION, YOU ARE REQUIRED TO PAY FOR THE COSTS OF THE REPAIR PRIOR TO TAKING THE VEHICLE FROM THE PREMISES.
If there is a defect in either the materials or workmanship of the Services performed by Otobots within the Warranty Period (12 months or 12000 miles, whichever occurs first), Otobots may, at our sole discretion, and at no additional cost to you: (i) engage a mechanic to perform remedial service work and/or replace defective part(s) installed in connection with the Services.
If you still have the original problem/trouble after the first warranty repair attempt, Otobots will (i) refund any amount actually paid by you for the Services and (ii) engage a mechanic without charge to customer to perform remedial service work and/or replace defective part(s) installed in connection with the Services.
At no time will Otobots be liable to you for any amount in excess of the amount you paid for the Services.
These Terms constitute the entire agreement between you and Otobots and govern your use of the website or app, superseding any prior agreements.
No waiver by Otobots of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings of the Terms used herein are for convenience only and shall be of no legal force or effect.
If any provision of the Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions and the remaining portions of the Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under the Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
This Agreement and any legal issues arising out of, but not exclusive to the use of the website or the app are governed by and in accordance with the laws of the State of Illinois without regard to its conflict of law provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the app or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By using the website or the app, you agree that any dispute or claim arising out of or in connection shall be subject to the jurisdiction of the courts of the State of Illinois or the Federal District Court for the Northern District of Illinois.