END USER LICENCE AGREEMENT – Your Virtual Mechanic
Please read the following terms and conditions carefully before using this software and/or web site. Your use, distribution or installation of “Your Virtual Mechanic” indicates your acceptance of this AGREEMENT.
SOFTWARE PRODUCT consists of a single user subscription license to the software, code, web site, image files, all accompanying files, recordings, data and materials distributed and/or used with “Your Virtual Mechanic.” Your Virtual Mechanic is a virtual evaluation application for automobiles. Users may communicate through the evaluation application and upload photos to receive an evaluation report of an automobile. Your use of SOFTWARE PRODUCT will comply with the terms of this AGREEMENT.
If you do not agree to any of the terms of this AGREEMENT, then do not install, distribute or use the SOFTWARE PRODUCT. Products are strictly non-refundable.
This SOFTWARE PRODUCT is for personal and non-commercial use only and may be accessed, installed and/or used only as designed. Its component parts may not decompiled or otherwise separated for use for other purposes. You may not sub-license, sell, or rent your license to other parties. All components accompanying the software and web site are copyrighted by Social Media Top Team, LLC (“Top Team”), and may not be taken apart, modified, copied, used or published for purposes other than inspecting automobiles from Your Virtual Mechanic without express authorization from Top Team. If interested in a different form of licensing, please contact Top Team for further information.
Top Team MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Top Team’s liability is limited to refund of any purchase price. In no event shall Top Team or its principals, owners, partners, shareholders, officers, employees, members, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of SOFTWARE PRODUCT. This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed “AS IS”. You assume all risks of using the SOFTWARE PRODUCT. This disclaimer of warranty constitutes an essential part of this AGREEMENT.
There is no warranty if the SOFTWARE PRODUCT fails to meet your expectations or perceived needs. There is no warranty if you use SOFTWARE PRODUCT to evaluate an automobile and subsequently are not satisfied with your purchase of that automobile. There is no warranty if you use SOFTWARE PRODUCT to evaluate an automobile and it is later found to have a deficiency that was not identified through your use of SOFTWARE PRODUCT.
Top Team’s representatives conducting virtual evaluations of automobiles through the SOFTWARE PRODUCT are not certified mechanics and you warrant that you understand their evaluations are opinions only and are not guaranteed to identify any specific deficiency in any automobile under evaluation.
If you would like a mechanic to inspect the automobile in person, you may contact Top Team for a referral to a mobile mechanic.
In addition, in no event does Top Team authorize you to use SOFTWARE PRODUCT in any illegal way or any way that could result in physical injury, property damage, or loss of life. Any such use is entirely at your own risk, and by use of SOFTWARE PRODUCT you agree to indemnify and hold Top Team harmless from any claims or losses relating to such unauthorized use.
Furthermore, in no event does Top Team authorize you to use SOFTWARE PRODUCT in any way that may be offensive, harmful, or considered inappropriate by other users of the SOFTWARE PRODUCT. Any such use may result in actions including, but not limited to, termination of this license, and/or deletion of your Your Virtual Mechanic account without notice. By use of SOFTWARE PRODUCT you agree to indemnify and hold Top Team harmless from any claims or losses relating to such unauthorized use.
This AGREEMENT constitutes the entire statement of the agreement between the parties on the subject matter, and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This AGREEMENT shall be governed by the laws of the state of Florida in the United States of America.
The copyright of SOFTWARE PRODUCT, all of its derivatives, source materials, images, title, other intellectual property rights, and accompanying materials are the exclusive property of Top Team. All rights of any kind, which are not expressly granted in this license and AGREEMENT, are entirely and exclusively reserved to and by Top Team. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this SOFTWARE PRODUCT. You may not make access to SOFTWARE PRODUCT available to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide file compression, decompression, or conversion services to others. There are no third-party beneficiaries of any promises, obligations or representations made by Top Team herein.
Top Team does not indemnify you from third infringement party claims. SOFTWARE PRODUCT is the original work of Top Team. You agree to indemnify and hold Top Team and its principals, owners, partners, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the SOFTWARE PRODUCT; (b) violation of this AGREEMENT or any law or regulation; and/or (c) violation of any right of a third party.
Top Team does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on SOFTWARE PRODUCT and its website or otherwise relating to such materials.
SOFTWARE PRODUCT and all related materials and services may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of all applicable laws is strictly prohibited. This includes, but is not limited to: copyrighted material, material that may be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold Top Team harmless from any claims resulting from your use of SOFTWARE PRODUCT, which may damage any other party.
Your License to SOFTWARE PRODUCT will expire at a time and date to be chosen by Top Team. There will be no refunds upon expiration. Top Team does not provide any maintenance or support for the download and/or use of the SOFTWARE PRODUCT.
If you cancel your initial appointment scheduled through the SOFTWARE PRODUCT prior to the time of the appointment with written notice to Top Team’s Customer Satisfaction Team at CST@yourvirtualmechanic.com prior to the third (3rd) day after accepting this AGREEMENT, then you may receive a refund. In case of pre-commencement cancellation, any pre-paid amounts will be refunded in full within seven (7) business days of receiving the cancellation notice.
You may cancel any subsequent appointments scheduled through the SOFTWARE PRODUCT up to one hour before the appointment start date. Refunds for post-commencement cancellations will be determined on a case-by-case basis, considering the work completed, and expenses incurred by Top Team up to the cancellation date. However, once within one hour of the appointment, cancellation will result in the appointment being counted as having been completed by us and no credit will be issued.
For any cancellation refund to be issued, your cancellation email must have been received by Top Team.
Top Team reserves the right to cancel appointments or extend the evaluation timeline in the event of unforeseen circumstances such as natural disasters, political unrest, or any other force majeure event. In such cases, the cancellation fees may be waived by Top Team, and Top Team will work with you to reach a fair resolution.
Top Team reserves the right to update or modify its cancellation policy at any time and will notify you of any changes. For inquiries or concerns regarding cancellations, please contact Top Team’s Customer Service Team at CST@yourvirtualmechanic.com.
If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be overbroad or unenforceable, the remainder of this AGREEMENT will be valid and enforceable to the fullest extent permitted.
Content you create and/or upload during your use of SOFTWARE PRODUCT, including any associated recorded video, photos, and text chat (“Content”), shall remain your intellectual property. By the act of placing your Content on Your Virtual Mechanic, you automatically grant Top Team an unlimited and non-exclusive license to store, use, re-distribute, stream, duplicate, modify, play, publish, and create derivative works of this Content. Top Team shall be free to use, copy, modify, publish, or redistribute the Content for any purpose internal to Top Team, including but not limited to quality control, improving Your Virtual Mechanic, and training Top Team’s employees, agents, and contractors, without any compensation to you. Top Team shall also be free to use, copy, modify, publish, or redistribute the Content to create any deliverables to you as part of the Your Virtual Mechanic service.
Top Team grants you a non-exclusive license to use the evaluation checklist report you receive from Top Team upon completion of the evaluation of the automobile for your personal and individual use only. Top Team does not grant you rights to use the evaluation checklist report in any commercial public forum or format, publicly display of the contents of the evaluation checklist report or transfer the evaluation checklist report to another entity or person. You may not create derivative works of the evaluation checklist report or remove any copyright or other proprietary notations from it. Your license to use the evaluation checklist report shall automatically terminate if you violate any of these licensing restrictions. If Top Team learns you have violated any of these licensing restrictions and requests that you destroy all electronic and printed copies of the evaluation checklist report you received and/or posted or shared with others, you will do so immediately.
Any suggestions or survey feedback you provide during your use of SOFTWARE PRODUCT shall remain the sole and exclusive property of Top Team. Top Team shall be free to use, copy, modify, edit, publish, or redistribute the suggestions and survey feedback for any purpose and in any way without any credit or any compensation to you.
You may not use or otherwise export or re-export the SOFTWARE PRODUCT except as authorized by United States law and the laws of the jurisdiction in which the SOFTWARE PRODUCT was obtained. In particular, but without limitation, the SOFTWARE PRODUCT may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the SOFTWARE PRODUCT, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.