Terms of Services - Website Terms of Use

Introduction

Thank you for your interest in the DS Proformance – Auto Repair Miami website located at https://dsproformance.com/ (the "Site") provided to you by DS Proformance – Auto Repair Miami ("Sponsor"), as well as all related web sites, networks, downloadable software, and other software, products and services provided by us and on which a link to these Terms of Use is displayed (collectively, our "Service").

This Terms of Use, along with the DS Proformance – Auto Repair Miami Privacy Policy Policy and any other applicable policies, as may be updated from time to time, govern your use of the Service. This Terms of Use is a legally binding contract between you and Sponsor regarding your use of the Service.

Certain aspects of the Service may be provided by one or more third parties. Such third parties may have their own policies and end user license agreements (collectively, "Third Party Policies and EULAs") that apply to your use of the Service. Nothing in this Terms of Use is intended to modify or limit such Third Party Policies and EULAs. This Terms of Use only applies to the Service to Sponsor.

Key Points

You acknowledge and agree that, as provided in greater detail in the Terms of Use:

• your use of the Service may be subject to separate third party terms of use/service and fees;
• you consent to the collection and use of your personally identifiable information and information about your location in accordance with the DS Proformance – Auto Repair Miami Privacy Policy and the privacy policies of third parties;
• the Service is provided "as is" without warranties of any kind and Sponsor's liability to you is limited;
• disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THIS TERMS OF USE, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION;
• access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates;
• by creating an account on our service or otherwise accessing, contributing or activating content on the Service, you agree to subscribe to newsletters, marketing, promotional or sponsored materials and other information we may send.

1. User Content

1.1 User Content Generally

Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, "User Content") and to publish User Content on the Service.

1.2 Limited License Grant

By posting or publishing User Content, you grant Sponsor a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Sponsor may be without any compensation paid to you.

1.3 Limited License Grant to Other Users

By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by this Terms of Use and the functionality of the Service.

1.4 User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

• you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Sponsor and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 1 and in the manner contemplated by Sponsor and this Terms of Use; and
• your User Content, and use of your User Content as contemplated by this Terms of Use, does not and will not: (i)infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii)slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
• By creating an account with us, you guarantee you are 18 years of age or older and all personal information you provide is accurate.

1.5 User Content Disclaimer

Sponsor is under no obligation to edit or control User Content that you or other users post or publish, and Sponsor will not be in any way responsible or liable for User Content. Sponsor may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in Sponsor's sole judgment violates this Terms of Use or is otherwise objectionable.

2. Third Party Services and Linked Websites

Sponsor may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Sponsor with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as "like" or "share" buttons). By using these tools, you agree that Sponsor may transfer such information to the applicable third party service. Such third party services are not under Sponsor's control, and Sponsor is not responsible for their use of your exported information. The Service may also contain links to third party websites. Such linked websites are not under Sponsor's control, and Sponsor is not responsible for their content.

3. Termination of Use; Discontinuation and Modification of the Service

If you violate any provision of this Terms of Use, your permission to use the Service will terminate automatically. Additionally, Sponsor, in its sole discretion, may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. You may discontinue your use of the Service at any time.

4. Disclaimers; No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPONSOR MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SPONSOR MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICE.

5. Indemnification

You agree to defend, indemnify, and hold harmless Sponsor and its officers, directors, employees and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SPONSOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7. Arbitration Agreement

You and Sponsor agree that any dispute, claim or controversy arising out of or relating to this Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and 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.

7.1 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by submitting a form here: TOS Contact. The Notice must: (i)describe the nature and basis of the claim or dispute; and (ii)set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Sponsor may commence an arbitration proceeding.

7.2 Fees

If you commence arbitration in accordance with this Terms of Use, Sponsor will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Florida, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i)solely on the basis of documents submitted to the arbitrator; (ii)through a non-appearance based telephonic hearing; or (iii)by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

7.3 No Class Actions

YOU AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

8. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that Sponsor sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

9. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida.

10. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Entire Agreement

These Terms of Use, together with the Privacy Policy and any other legal notices published by Sponsor on the Service, shall constitute the entire agreement between you and Sponsor concerning the Service.

12. Waiver

No waiver of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

13. Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Sponsor's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Sponsor may assign or transfer these Terms of Use, at its sole discretion, without restriction.

14. Contact Information

The services hereunder are offered by Sponsor. You may contact us by submitting a form here: TOS Contact.