These Terms and Conditions ("Terms") govern your access and use of TireBob.com ("Platform"), a website that allows users to submit requests for quotations ("RFQs") and receive responses from service providers ("Providers"). Platform connects seekers and providers of auto care or repair services by facilitating RFQs. By accessing or using the Platform, you agree to be bound by these terms and conditions ("Terms"). If you do not agree to these Terms, please do not use the Platform.
By using the Platform, you agree to these Terms, which may be updated from time to time without notice. It is your responsibility to check these Terms regularly for updates. Your continued use of the Platform constitutes your acceptance of any changes to these Terms.
By accessing or using the Platform, you represent and warrant that: (1) You are at least 18 years old and have the legal capacity to enter into contracts. (2) You will not use the Platform for any illegal or unauthorized purpose. (3) You will comply with all applicable laws and regulations.
By using the Platform, you as a Requester consent to the collection, use, sale, or disclosure of RFQ, including PI as described in our Privacy Policy. If you are a Provider, you consent to the collection, use, or disclosure of your PI.
To use certain features of the Platform, you may be required to register and create an account. You agree to provide accurate and complete information, including PI, during the registration process and to update your account information as necessary to ensure its accuracy and completeness. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
By submitting an RFQ as a Requester, you authorize us to sell and share the RFQ, including your PII with Providers, in accordance with our Privacy Policy. You are responsible for providing accurate and complete information in your RFQ to enable effective responses or quotes from Providers. You acknowledge that submitting an RFQ does not guarantee that you will receive any responses or quotes from Providers. Quotes from Providers are governed by Provider's terms and conditions. Quotes may be non-binding offers and Providers may change or withdraw their quotations at any time. The Platform does not collect quotes or responses on your behalf nor do we have access to the quotes or responses from Providers. You are responsible for evaluating and comparing quotes or responses and associated terms and conditions from different Providers before making any decisions to avail or not to avail services from Providers. Subject to Sections 10 and 11, we do not guarantee or are liable for the quality of services from Providers.
As a Provider, you may purchase RFQs on the Platform by paying the Fees. By purchasing the RFQ you (1) agree to not misuse, share, or sell all or part of RFQs, including PIs with third parties, and (2) agree to handle RFQs securely and in compliance with applicable privacy laws. We do not guarantee the quality of the RFQ nor do we guarantee the conversion of RFQ into business for you. Subject to Sections 10 and 11, we are not liable for any losses incurred from the purchase of the RFQ.
To purchase RFQs, Providers are required to pay a fee of per RFQ in accordance with our pricing model using Stripe. All fees paid to us are non-refundable.
All content on the Platform, including text, graphics, logos, and software, is the property of Connect iDeal Solutions, LLC, or its licensors and is protected by copyright, trademark, and other laws. You may not reproduce, modify, or distribute any content from the Platform without our prior written consent.
THE PLATFORM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE PLATFORM WILL MEET YOUR EXPECTATIONS, OR THAT THE PLATFORM, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH PROVIDERS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY SERVICE PROVIDER AGENT, EMPLOYEE, ASSOCIATE, OR PERSONNEL. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON PROVIDERS, AGENTS, EMPLOYEES, ASSOCIATES, OR PERSONNEL.
WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE PLATFORM, OR FOR ANY SERVICES PROVIDED BY PROVIDER, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE PLATFORM.YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE PLATFORM. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
All the actions you take and information you send to the Platform or Providers remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (1) any negligent acts, omissions or willful misconduct by you; (2) your access to and use of the Platform; (3) the uploading or submission of RFQ by you; (4) any breach of these Terms by you; and/or; (5) your violation of any law or of any rights of any third party. We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.
We may terminate your access to the website at any time, for any reason, with or without notice.
Any disputes arising out of or relating to these Terms will be resolved amicably, through dialog and cooperation. In the event a dispute, other than a dispute relating to Intellectual Property, is not resolved within thirty (30) calendar days, either party may submit the dispute for binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and its Optional Procedures for Large, Complex Commercial Disputes. The arbitration shall be heard and determined by a panel of three (3) arbitrators selected by the AAA, and each such arbitrator shall be an attorney having experience and familiarity with information technology disputes. Judgment on any award entered therein may be entered in any court of competent jurisdiction. The venue for any such arbitration shall be in Minneapolis, MN, USA. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than thirty (30) calendar days after the notice of arbitration is served. In all cases, each party shall bear its own costs relating to such arbitration, and the parties shall equally share the arbitrators' fees unless provided otherwise in the Terms or otherwise determined by the arbitrator, and the arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the parties' proprietary and confidential information. In no event shall any arbitration award provide a remedy beyond those permitted under the Terms, and any award providing a remedy beyond those permitted under the Terms shall not be confirmed, no presumption of validity shall attach, and such award shall be vacated. The arbitrator(s) shall not have the authority to modify any provision of the Terms or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under the Terms. The Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law provisions. The exclusive venue for actions relating to the Terms is the federal and state courts for Hennepin County, Minnesota.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.