Terms of Service
Effective: April 15, 2016
Thanks for using Valet Quotes! Here we describe our general Terms of Service (these “Terms”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Valet Quotes, LLC. (hereafter referred to as “ValetQuotes”, “VQ”, “we”, “us”, or “our”) provides a web-based quoting tool that connects valet companies with customers looking to for valet services and which information is accessible at www.ValetQuotes.com and other websites through which we make these services available (collectively, our “Services”). By using our Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of our Services. These Terms govern your access to and use of our Services and all Collective Content (defined below), and constitute a binding legal agreement between you and ValetQuotes. Please read these Terms carefully.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using our Services. Failure to use our Services in accordance with these Terms may subject you to civil and criminal penalties. We urge all users to be responsible about their use of our Services and any transactions entered into as a result of that use. We do not own, manage, or have any legal affiliation with the valet companies that that use our Services and we are not a party to any agreement between users of our Services and the valet companies they may hire.
OUR SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH OPERATORS (DEFINED BELOW) MAY QUOTE AND CONTRACT FOR VALET JOBS (DEFINED BELOW) AND CUSTOMERS (DEFINED BELOW) MAY RECEIVE QUOTES AND CONTRACT FOR VALET JOBS. YOU UNDERSTAND AND AGREE THAT VALETQUOTES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OPERATORS AND CUSTOMERS, NOR IS VALETQUOTES A BROKER, AGENT OR INSURER. VALETQUOTES HAS NO CONTROL OVER THE CONDUCT OF OPERATORS, CUSTOMERS AND OTHER USERS OF OUR SERVICE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Collective Content” means Member Content and ValetQuotes Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Customer” means a person or persons who requests a quote from our service and/or contracts with an Operator via our service.
“Quote” means a price quote for a valet job provided via our Service.
“Member” means a Customer or Operator.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through our Service.
“Operator” means a person, persons, or company who utilizes our Service to provide Customer’s with quotes and / or contract with Customers.
“ValetQuotes Content” means all Content that ValetQuotes makes available through our Service, including any Content licensed from a third party, but excluding Member Content.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of our Services (and your access to or use of certain aspects of Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of our Site or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of our Site or Collective Content.
ValetQuotes reserves the right, at its sole discretion, to modify our Services or to modify these Terms, including the Service Fees (defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on our Site or provide you with notice of the modification. We will also update the “Effective” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification on our Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
How our Service Works
Our Service can be used to facilitate the quoting and booking of a valet job (“Job”). The nature of such Jobs is determined by the Customer and the Operator jointly with the assistance of our Service. If you wish to book a Job, you must first request a Quote and it must be accepted by the Operator.
As stated above, ValetQuotes makes available a platform with related technology for Customers and Operators to meet online and arrange for bookings of Jobs. ValetQuotes is not an owner or operator of any valet company. ValetQuotes’ responsibilities are limited to facilitating the availability of our Services.
VALET QUOTES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY QUOTE AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY OPERATOR. VALET QUOTES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL QUOTES AND BOOKINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CUSTOMER’S OWN RISK.
In order to access certain features of our Site you must select a payment plan, you must register to create an account and profile (your “Profile”) and become a Member. You can do this directly via our Site.
We will create your Profile page for your use of our Site based upon the personal information you provide to us. You may not have more than one (1) active Profile. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ValetQuotes reserves the right to suspend or terminate your Profile and your access to our Site if you create more than one (1) Profile or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Profile, whether or not you have authorized such activities or actions. You will immediately notify ValetQuotes of any unauthorized use of your Profile.
Operators may give Customers the opportunity to Quote and Book valet jobs using our Services. To this end, Operators will need to update settings in your ValetQuotes account. ValetQuotes does not warrant the accuracy of those settings nor do we warrant that our algorithms are directly applicable to your business. Customers will be able to received quotes and create contracts from the Operator’s website via our Service. The quotes and contracts will be based upon information provided by Customers and Operators as well as algorithms created by ValetQuotes.
Operators acknowledge and agree that you are responsible for any and all Quotes generated on your site using our Service. Accordingly, Operators represent and warrant that any Quotes generated and settings input on our Service (a) will not breach any agreements you have entered into with any third parties and (b) will be in compliance with all applicable laws, Tax requirements, and rules and regulations. Please note that ValetQuotes assumes no responsibility for an Operator’s compliance with any applicable laws, rules and regulations.
Operators and Customers understand and agree that ValetQuotes does not act as an insurer or as a contracting agent. If a Customer requests a Quotes utilizing ValetQuotes’ Service, any agreement between Operators and Customers is only between that Operator and Customer and ValetQuotes is not a party thereto.
ValetQuotes recommends that Operators obtain appropriate insurance for their business. Please review any insurance policy that you may have for your business carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers while utilizing your valet services.
ValetQuotes does not endorse any Operators or Customers. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. Members and are responsible for determining the identity and suitability of others who you contact or who contact you via our Services.
By using our Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from ValetQuotes with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members regarding any Quotes or agreements.
Bookings and Financial Terms for Operators
When a Quotes is requested via our Site, we will share with you (i) the first and last name of the Customer who has requested the booking, and (ii) a link to the Customer’s Profile profile page so that you can view such information before confirming or rejecting the booking. When you confirm a Quote requested by a Customer, ValetQuotes will send you an email or text message confirming such Quote, depending on the selections you make via our Site.
The fees included in a Valet Quote are comprised of the, Valet Operator Service fees, ValetQuotes Service fees (defined below) and the Credit card processing fees (defined below.) Where applicable, Taxes may be charged in addition to the Valet Operator Service fees, ValetQuotes Service Fees and Credit card processing fees. Valet Operator Service fees, the ValetQuotes Service Fees and Credit card processing fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Customer solely relating to an Operator’s valet services are the “Valet Service Fees”. Please note that it is the Operator and not ValetQuotes that determines the Valet Service Fees. The Fees may include miscellaneous fees, at the Operator’s discretion.
ValetQuotes charges a fee to Customers based upon a percentage of applicable Valet Operator Service Fees which are the “ValetQuotes Service Fees”. The ValetQuotes Service Fees are added to the Valet Operators Fees to calculate the Total Fees (which will also include applicable Taxes and credit card processing fees) displayed in the applicable payment plan. ValetQuotes will collect the ValetQuotes Service Fees at the time of booking confirmation. The Customer must initiate payment of the Fees to the Operator, as applicable, within timeframe defined when quoted for any particular Job to book the Operator’s services.
Bookings and Financial Terms for Customers
The Operators, not ValetQuotes, are solely responsible for honoring any confirmed bookings made through our Services. If you, as a Customer, choose to enter into a transaction with an Operator for the booking of a Valet Job, you agree and understand that you will be required to enter into an agreement with the Operator and you agree to accept any terms, conditions, rules and restrictions associated with such Valet Job imposed by the Operator. You acknowledge and agree that you, and not ValetQuotes, will be responsible for performing any obligations of any such agreements, that ValetQuotes is not a party to such agreements, and that ValetQuotes disclaims all liability arising from or related to any such agreements.
payment plans for Valet Jobs will specify the Total Fees. As noted above, the Operator is required to either confirm or reject the booking within 72 hours of when the booking is requested (as determined by ValetQuotes in its sole discretion) or the requested booking will be automatically cancelled.
Operators may choose to include booking deposits in their payment plans (“Booking Deposits”), in order to reserve the valet job. Each payment plan will describe whether a Booking Deposit is required for the applicable service. ValetQuotes will also use its commercially reasonable efforts to address claims related to Booking Deposits, but ValetQuotes is not responsible for administering or accepting any claims by Operators related to Booking Deposits, and disclaims any and all liability in this regard.
In consideration for providing our Service, ValetQuotes collects service fees from Operators (“Service Fees”). Service Fees may consist of monthly fees and/or fees charged as a percentage of transactions booked via our Service. The exact Service Fees will be determined in a separate agreement between ValetQuotes and Operator known as the ValetQuotes Payment Agreement “VQ Payment Agreement”.
Any Total Fees and/or Security Deposits may be charged by ValetQuotes or a third party payment processor on behalf of the Operator.
payment plan Payments; Automatic Renewal of payment plan Payments
Payments to ValetQuotes for different service tiers (“Subscriptions”) must be made to ValetQuotes in U.S. Dollars paid either by major credit or debit card or other acceptable method of recurring electronic funds transfer via https://www.valetquotes.com/dashboard/payments.
All Subscriptions shall automatically renew and will remain in place perpetually until manually changed by the operator. The automatic renewal feature allows your service to remain uninterrupted. If you wish to change Subscription tier or cancel your plan, you must log on to your account and manually change your payment plan at any time. If your Subscription does not auto-renew or your payment method is declined, and you desire to renew your Subscription, you will be required to pay the then-current non-promotional Subscription rate to renew your Subscription or to activate a new Subscription.
Subscription Term, Refund Requests and Termination of payment plans
All Subscription payment plans are sold to run 30 days from the date initially purchased. The term starts on the date that the member submits the full or initial (as applicable) payment and expires 30 days later. For example, for the standard monthly subscription, if the member submits payment for the subscription on July 1st, the subscription would expire on July 30th of the same year.
Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, please contact us.
If you renew your Subscription, or if your Subscription automatically renews under its terms of your Subscription, our Service will remain active on your website for the entire Subscription period without refund. If you remove the Service from your website for any reason whatsoever, no refund will be owed.
If, in our sole discretion, any Member submits unsuitable material to our Service, or our Site or into our database, misuses our Site or our online system or is in material breach of these Terms, we reserve the right to terminate such Member’s Subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a Member’s Quotes, Contracts, or other practices that, in our sole discretion, warrants the immediate removal of such Member’s payment plan from our Site, then we may immediately deactivate the Service for such Member’s and cancel the Subscription(s) without notice to the Member and without refund. If any Member is in breach of these Terms or its obligations to us or any of our third party providers, then we may terminate such Member’s Subscription(s) immediately without notice to the Member and without refund.
All refunds are further subject to our Customer Refund Policy.
IRS regulations, regarding federal tax reporting requirements, MAY require that ValetQuotes collect IRS Form W-9 from Customers and Operators under certain circumstances. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. ValetQuotes cannot and does not offer Tax-related advice to any Members of our Site. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in payment plans. Where applicable, or based upon request from an Operator, ValetQuotes may issue a valid VAT invoice to such Operator.
As part of our Site, ValetQuotes provides a feature through which Members may view Total Fees for various Quotes in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Quotes. If you (as a Customer) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by an Operator. The currency in which you will be charged will be determined by ValetQuotes based on the payment method you select and the location of the valet job. If the currency in which you will be charged is different from the currency chosen by the Operator to receive payment, ValetQuotes will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that ValetQuotes has uploaded to our Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although ValetQuotes updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of our Site and Content. In connection with your use of our Services and Site, you may not and you agree that you will not:
● violate any local, state, provincial, national, or other law, rule or regulation, or any order of a court;
● use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in our Service and Site or Content;
● use our Site for any commercial or other purposes that are not expressly permitted by these Terms;
● copy, store or otherwise access any information contained on our Service and Site or Content for purposes not expressly permitted by these Terms;
● infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
● interfere with or damage our Service Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
● use our Service Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
● use our Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to valet parking services
● “stalk” or harass any other user of our Service or Site or collect or store any personally identifiable information about any other user other than for purposes of transacting as a ValetQuotes Customer or Operator;
● register for more than one Profile or register for a Profile on behalf of an individual other than yourself;
● contact an Operator for any purpose other than asking a question related to a booking, such Operator’s valet services;
● contact a Customer for any purpose other than asking a question related to a booking or such Customer’s use of our Service or Site;
● when acting as a Customer or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to ValetQuotes, without ValetQuotes’ prior written approval;
● impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
● use automated scripts to collect information or otherwise interact with our Service or Site;
● use our Service or Site to find an Operator or Customer and then complete a booking of a transaction independent of our Service or Site in order to circumvent the obligation to pay any Service Fees related to ValetQuotes’ provision of our Service or Site;
● as an Operator, submit any Quote, information or create settings that lead to false or misleading price information, or agree to Quote with a price that you do not intend to honor;
● or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
● systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
● use, display, mirror or frame our Site or any individual element within our Site, ValetQuotes’ name, any ValetQuotes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ValetQuotes’ express written consent;
● access, tamper with, or use non-public areas of our Site, ValetQuotes’ computer systems, or the technical delivery systems of ValetQuotes’ providers;
● attempt to probe, scan, or test the vulnerability of any ValetQuotes system or network or breach any security or authentication measures;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ValetQuotes or any of ValetQuotes’ providers or any other third party (including another user) to protect our Service or Site or Collective Content;
● forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our Site or Collective Content to send altered, deceptive or false source-identifying information;
● attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Service or Site or Collective Content; or
● advocate, encourage, or assist any third party in doing any of the foregoing.
ValetQuotes will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ValetQuotes may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ValetQuotes has no obligation to monitor your access to or use of our Service or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating our Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ValetQuotes reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that ValetQuotes, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to our ServiceS.
Our Services, Site and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that our Service, Site and Collective Content, including all associated intellectual property rights is the exclusive property of ValetQuotes and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Service, Site or Collective Content.
ValetQuotes Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, ValetQuotes grants you a limited, non-exclusive, non-transferable license, to (i) access and view any ValetQuotes Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit our Service, Site, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ValetQuotes or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through our Site, you hereby grant to ValetQuotes a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of our Service or Site. ValetQuotes does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. [add restriction to sharing personal information and sharing competitive information]
You acknowledge and agree that you are solely responsible for all Member Content that you make available through our Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through our Site or you have all rights, licenses, consents and releases that are necessary to grant to ValetQuotes the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or ValetQuotes’ use of the Member Content (or any portion thereof) on, through or by means of our Service or Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of ValetQuotes used herein are trademarks or registered trademarks of ValetQuotes. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Site (“Feedback”). You may submit Feedback by emailing us at support@ValetQuotes.com You acknowledge and agree that all Feedback will be the sole and exclusive property of ValetQuotes and you hereby irrevocably assign to ValetQuotes and agree to irrevocably assign to ValetQuotes all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At ValetQuotes’ request and expense, you will execute documents and take such further acts as ValetQuotes may reasonably request to assist ValetQuotes to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination and Account/Profile Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Service and/or Site, and (b) deactivate or cancel your Account and/or Profile. In the event ValetQuotes terminates these Terms, or your access to our Services/Site or deactivates or cancels your Profile you will remain liable for all amounts due hereunder. You may cancel your Account and/or Profile at any time by sending an email to support@ValetQuotes.com with subject line “CANCELLATION REQUEST”. Please note that if your Account and/or Profile is cancelled, we do not have an obligation to delete or return to you any Content you have posted to our Site, including, but not limited to, any reviews or Feedback.
YOU ACKNOWLEDGE AND AGREE THAT VALETQUOTES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. OUR SITE AND COLLECTIVE CONTENT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VALETQUOTES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VALETQUOTES MAKES NO WARRANTY THAT OUR SITE, OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY MEMBER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VALETQUOTES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MEMBER SERVICE, OUR SERVICE, SITE OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH OUR SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VALETQUOTES OR THROUGH OUR SITE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SITE, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR CUSTOMERS. YOU UNDERSTAND THAT VALETQUOTES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OUR SITE OR SERVICE. VALETQUOTES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF OUR SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SITE, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY VALETQUOTES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SITE AND COLLECTIVE CONTENT, YOUR YOUR QUOTING OR BOOKING OF ANY SERVICES VIA OUR SITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF VALETQUOTES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER VALETQUOTES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SITE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE OUR SITE OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF OUR SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SITE, OR FROM YOUR QUOTING OR BOOKING OF ANY SERVICES VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VALETQUOTES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL VALETQUOTES AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF OUR SITE INCLUDING, BUT NOT LIMITED TO, FROM YOUR QUOTING OR BOOKING OF ANY VALET SERVICES VIA OUR SITE, OR FROM THE USE OF OR INABILITY TO USE OUR SITE, OR COLLECTIVE CONTENT IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA OUR SITE AS A CUSTOMER IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR, IF YOU ARE AN OPERATOR, THE AMOUNTS PAID BY CUSTOMERS TO YOU IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VALETQUOTES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold ValetQuotes and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of our Site or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a service, (iii) creation of a payment plan or (iv) the use, condition or hiring of services by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or hiring of services.
These Terms, along with any other Agreements put in place, constitute the entire and exclusive understanding and agreement between ValetQuotes and you regarding our Site, Collective Content, and any bookings or payment plans of services made via our Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ValetQuotes and you regarding bookings or payment plans of Services, our Site, and Collective Content.
You may not assign or transfer these Terms by operation of law or otherwise, without ValetQuotes’ prior written consent. ValetQuotes may assign or transfer these Terms or other Agreements at its sole discretion, without restriction. Subject to the foregoing, these Terms and other Agreements will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ValetQuotes (i) via email (in each case to the address that you provide) or (ii) by posting to our Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of New Hampshire and the United States of America, without regard to any conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state or federal court in the State of New Hampshire for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and ValetQuotes agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of our Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and ValetQuotes are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and ValetQuotes otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New Hampshire and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and ValetQuotes otherwise agree, the arbitration will be conducted in Rockingham County, New Hampshire. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ValetQuotes submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. If ValetQuotes prevails in arbitration, ValetQuotes will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the “Modification” section above, if ValetQuotes changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@ValetQuotes.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of ValetQuotes’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ValetQuotes in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of ValetQuotes to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ValetQuotes. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING OUR SITE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON OUR SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SITE, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Have questions about ValetQuotes or these Terms? Contact us at firstname.lastname@example.org.