These Terms and Conditions comprise the agreement (“AGREEMENT”) between you (“USER") and Sudo Bang Bang Society (“PROVIDER”), a Delaware corporation, governing your use of our auto mechanic requesting service (the “SERVICE”) available via Oxivi.com (the “SITE”) and other affiliated sites in which you the USER are matched with a qualified mechanic (“MECHANIC”). Your checking of the “I Accept” box for this AGREEMENT and/or your use of the SERVICE indicate that you have agreed to this AGREEMENT. If you do not agree to all of the terms and conditions of this AGREEMENT, please do not check the “I Accept” box or use the SERVICE.
PROVIDER provides you with access to our network of independent auto mechanics through which you can schedule an appointment with one of these mechanics in your local area to travel to your home or place of work for the purpose of diagnosing a problem with your vehicle and/or to repair or perform maintenance on your vehicle (a “JOB”).
The mechanics in our network are independent contractors. PROVIDER is an automotive repair referral agent and does not actually perform the JOB.
Depending on JOB circumstances, PROVIDER may require credit card and billing information at the time of booking and will validate provided information and possibly attempt to authorize card for charges. Subsequent service charges as outlined by the estimate or cancellation fees will be automatically charged upon completion of JOB or at time of cancellation, including any applicable service fees, federal, state and local taxes. If PROVIDER’s billing system is not being used for your JOB, payment terms and conditions will be at the discretion of USER and MECHANIC.
If in the process of performing a JOB the MECHANIC identifies additional repair work for your vehicle or determines that your vehicle requires services that are different from the ones which you specified, the MECHANIC will provide you with a revised written estimate of the cost of the work. If you accept the MECHANIC’s estimate for such additional or different work, you will either be asked to acknowledge a form provided by the MECHANIC indicating your authorization to be charged for such work or PROVIDER will send you an email with the updated estimate for your verbal authorization and acknowledgment with MECHANIC. Upon completion of the JOB, PROVIDER will charge your credit card for the amount specified in the updated estimate, as well as for all applicable federal, state and local taxes, if your payment preference was via credit card and if your JOB is using the PROVIDER’s billing system.
If in the process of performing a JOB the mechanic determines that your vehicle requires services that are different from the ones you specified in your original JOB Request, but is not able to perform such work, you will be charged a separate diagnostic fee.
You may cancel a JOB scheduled through the SERVICE for no charge at any time more than 24 hours prior to the scheduled start time for the JOB. If you cancel within 24 hours of the scheduled start time for the JOB, PROVIDER will charge you a $25 cancellation fee.
Initial estimates and timelines provided by either PROVIDER or MECHANIC are preliminary and dependent on USER-provided description of the vehicle’s issue. Upon arrival to JOB, MECHANIC will perform an evaluation and diagnosis of the issue to confirm the stated vehicle’s condition. Prior to commencing work on JOB, MECHANIC will confirm with USER the repairs needed and corresponding cost and time. If USER elects to accept the repairs as stated, MECHANIC will perform the work in accordance to accepted industry standards and finish in a timely manner. If USER declines to accept work or repairs as defined by MECHANIC, no service will be performed, however, USER will be charged diagnostic fee.
As a condition for your access to the SERVICE, PROVIDER reserves the right to terminate your account for any reason at any time and is not limited to failure by you to comply with the foregoing or any other terms of this AGREEMENT.
The SERVICE is available to US residents age eighteen (18) and over who reside or are located within the PROVIDER’s service area and whose account has not been previously terminated. Accounts cannot be shared and each individual must have his or her own account. Businesses in good standing are eligible for an account using the business’ legal name and billing address, but may be subject to requests for additional information. A representative of the business may make JOB requests granted that they have the authority to bind the business to the terms of this AGREEMENT. Accounts created to be used as a proxy, to resell SERVICE, to gather quotes or other information, or to perform any other action without intent to hire a mechanic for SERVICE on the account owner’s vehicle are not allowed and will be terminated.
Subject to the terms and conditions of this AGREEMENT, PROVIDER hereby grants to you a limited, non-exclusive, nontransferable right to access and use the SERVICE, subject to the terms of this AGREEMENT.
You acknowledge that all of the intellectual property rights in the SERVICE are owned by PROVIDER or its licensors. You shall not (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the SERVICE; or (ii) rent, lease, loan, or sell access to the SERVICE. We reserve the right to modify, enhance, or discontinue the SERVICE at any time.
PROVIDER carries commercial general liability insurance relating to the business of acting as a referral agent. Each MECHANIC that PROVIDER refers to is independently insured.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. DC Mobile Mechanic 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. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
YOU ACKNOWLEDGE THAT ALL REPAIR AND MAINTENANCE WORK IS PROVIDED BY INDEPENDENT MECHANICS, NOT BY PROVIDER. ACCORDINGLY, PROVIDER HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES OR PARTS PROVIDED TO YOU BY SUCH MECHANICS.
UNDER NO CIRCUMSTANCES WILL PROVIDER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND ANY JOB EXCEED THE AMOUNT INVOICED FOR SUCH JOB. IN ADDITION, IN NO EVENT WILL PROVIDER 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 PROVIDER 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.
Governing Law. The AGREEMENT and the relationship between you and PROVIDER will be governed by the laws of the State of Delaware, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.
Any claim or controversy between you and PROVIDER arising out of, or relating to, this AGREEMENT 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. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Washington, DC. During the course of any arbitration hereunder, each party will bear its own costs and attorney’s fees, and share equally the arbitrator’s fees and expenses, except that the arbitrator shall award to the prevailing party all reasonable attorney’s 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 arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential.
You may not assign your rights under this AGREEMENT without our prior written consent, and any attempted assignment will be null and void.
Any delay in the availability of the SERVICE or the performance of any JOB will not be considered a breach of this AGREEMENT 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, or any other event beyond the control of PROVIDER or the mechanic, provided that performance is resumed as soon as possible.
If any provision of this AGREEMENT is held or determined to be invalid, unenforceable, or void, the remainder of this AGREEMENT shall remain in full force and effect.
Entire Agreement; No Waiver. This AGREEMENT constitutes the entire agreement between you and PROVIDER 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 this AGREEMENT are for convenience only and have no legal or contractual effect.
Notices. We may give notice to you by email or other reasonable means. You must give notice to PROVIDER by certified mail (postage pre-paid and return receipt requested) to: Sudo Bang Bang Society, attn: Legal Department, 5923 Beech Ave, Bethesda, MD 20817.
Questions. Please contact us with any questions regarding this AGREEMENT by emailing us at firstname.lastname@example.org