This Agreement constitutes a binding legal contract between you
("you") and BetterWheels, including its subsidiaries. This Agreement
establishes the terms of use (“Terms”) governing your access to and
use of the applications, websites, content, products, programs, and
services provided by BetterWheels. (the “Services”).
This agreement governs your use of the BetterWheels website, apps and
services. If at any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately cease use of
the site.
BY USING THIS SITE, MOBILE APPLICATION, OR BetterWheels SOFTWARE, YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO
BE BOUND BY THE TERMS OUTLINED IN THIS DOCUMENT, PLEASE EXIT THE
WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY
PRODUCTS, SERVICES, CONTENTS, OR OTHER INFORMATION AVAILABLE ON OR
THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE, APP AND/OR THOSE
PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON
COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
We expressly reserve the right to change these Terms and
Conditions from time to time without any notice. BetterWheels may
immediately terminate this Agreement or any Services with respect to
you, or generally cease offering or deny access to the Services or any
portion thereof, at any time for any reason or no reason.
BetterWheels may amend the Terms from time to time. Amendments will
be effective upon posting of such updated Terms or such amended
Supplemental Terms.
You acknowledge and agree that it is your responsibility to
review this website and these Terms and Conditions from time to time
and to familiarize yourself with any modifications. Your continued use
of this website after such modifications will constitute
acknowledgement of the modified Terms and Conditions and agreement to
abide and be bound by the modified Terms and Conditions.
You acknowledge that by using the service, you confirm that you are 18
years of age or older. The services provided, and any advertisements
related to these services, are strictly intended for individuals who
are 18 years old or above. By purchasing or continuing to use the
service, you explicitly affirm that you meet this age requirement.
You are solely responsible for maintaining the security of your
Registration Information, and for any and all use of your account.
You agree to indemnify, defend, and hold BetterWheels harmless from
any damages or losses incurred by you or any other party due to access
or use of your account by a third party, whether such access is
authorized or unauthorized. We will not be liable for any unauthorized
access resulting from the disclosure of your account information or
order numbers by any third party. You further agree to notify us in
writing immediately if you suspect any unauthorized use or access to
your account.
You agree to provide accurate, current, and complete information
during the registration process ("Registration Information").
Providing false information, such as a fake name, phone number,
address, or email, is a serious and fraudulent offense that can result
in significant harm to BETTERWHEELS, its business partners, and
Technicians, including invasion of privacy and wasted resources. If
you intentionally input false information, you agree to fully
indemnify and hold BETTERWHEELS, its business partners, and
Technicians liable for all actual, punitive, and consequential
damages, along with any regulatory fines or penalties incurred as a
result of your fraudulent activity. This includes covering all
reasonable legal fees, costs, and related expenses.
To access most features of the Services, you must register for and
maintain an active user account ("Account"). This requires you to
provide personal information such as your name, email address, mailing
address, vehicle details, mobile phone number, and at least one valid
payment method (e.g., credit card). You agree to provide accurate,
complete, and current information and to update it as needed to ensure
accuracy. Vehicle details may include your license plate number, VIN
(Vehicle Identification Number), make, model, year, engine size, trim,
and other relevant information necessary for the services you request.
Failure to maintain accurate and up-to-date information may result in
restricted access to the Services or the termination of this Agreement
by BetterWheels.
Your account login details are sent to you via email upon the
successful completion of the checkout process. You are solely
responsible for keeping your password and account information
confidential and must take necessary precautions to prevent
unauthorized access. Our staff will never request your password. You
are prohibited from transferring or sharing your account with anyone,
and we reserve the right to terminate your account immediately if it
is found to be shared or transferred.
Customer authentication is required when submitting any secure
or billing-related requests or support tickets. Typically, our support
staff can authenticate an account holder if the support ticket is
initiated from the email address associated with the account. If
contacting support from an unrecognized or unregistered email address,
additional authentication is required, such as providing a valid order
or receipt number and purchase date. Our support team is strictly
prohibited from processing or releasing any personal information
without proper user authentication.
Please avoid submitting personal or billing-related requests via
voicemail. To ensure security, our support staff cannot collect
personal information, including credit card numbers or billing details
over the phone. We do not capture or store phone numbers during the
purchase process and voicemail messages are not automatically linked
to account usernames, email addresses, or order numbers. Due to the
challenges of matching account information from voicemail alone, we
cannot authenticate account holders through voicemail. We recommend
using our online ticketing system for all support requests.
Your contact information will be shared with Technicians who
require it to respond to your request. By providing this information
to us or submitting a vehicle service request, you expressly consent
to being contacted by us via phone, email, fax, mail, or other
reasonable means at any of your provided contact details, even if you
are listed on any federal, state, provincial, or other applicable "Do
Not Call" lists. This is to allow us to provide BETTERWHEELS services,
manage your account, address relevant matters, and for other business
purposes.
We may also share the information you have provided about the vehicle
and its seller or sellers. This information may include but is not
limited to vehicle year, make, model, mileage, owner contact name,
owner contact details, and customer related requests.
You understand that you may receive communications from
automated telephone dialing systems delivering pre-recorded messages
on behalf of BetterWheels, its affiliated companies, or Technicians.
These messages may include operational updates about your Account, the
BetterWheels Platform or Services, information about new and existing
features, promotions, and other news regarding our Services. You can
opt out of receiving text (SMS) messages at any time by texting the
word STOP from the device receiving the messages. However, you
acknowledge that opting out of text messages may affect your ability
to use certain Services. For full details on how we use your
information, please review our Privacy Policy.
By completing a vehicle service request, you are entering into a
business relationship with BETTERWHEELS and its partners, thereby
consenting to contact by BETTERWHEELS and/or these partners. You agree
that all information you provide, including your contact details and
any ratings or reviews of the related Vehicle Inspection Report, will
be accurate, current, and truthful. If any information is found to be
false, outdated, or incomplete, or if BETTERWHEELS has reasonable
grounds to suspect such, BETTERWHEELS reserves the right to deny
current or future use of its services.
The website may now, or in the future, allow users to send us or post
"User Generated Content," which can include, but is not limited to,
messages, reviews, comments, feedback, suggestions, tips, digital
files, images, photos, artwork, text, videos, hyperlinks, documents,
or any other content you upload, transmit, or otherwise make available
to BETTERWHEELS and/or its users via the website. By posting content
or submitting material, and unless we state otherwise in writing, you
grant BETTERWHEELS and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such content worldwide in any media
format.
You represent and warrant that you own or have control over all rights
to the content you post that the content is accurate, and that the use
of the content you provide does not violate this policy or infringe on
the rights of any person or entity. BETTERWHEELS reserves the right,
but is not obligated, to monitor, edit, or remove any User Content. We
assume no responsibility or liability for any User Content posted by
you or any third party.
User Content must not be illegal, violate applicable laws or regulations, be obscene, threatening, defamatory, invasive of privacy, infringe on intellectual property rights, or otherwise be injurious or objectionable to third parties. Additionally, user generated content must not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You are prohibited from using a false email address, impersonating any person or entity, or otherwise misleading others about the origin of the content. We may, at our sole discretion, review, monitor, or remove User Content at any time and for any reason, or no reason, without notice to you; however, we are not obligated to do so.
Payment of your Membership Fee must be made with a valid payment
method such as credit card, PayPal or GPay ("Payment Information"). If
your Payment Information is insufficient or not accurate, current,
and complete, and you do not notify us promptly when such information
changes, we may suspend or terminate your account and refuse any use
of the Services.
Membership is offered as a one-time subscription, meaning you
only pay once and will not be charged automatically on a monthly
basis. Your access duration to the BetterWheels members area, where
you can view and download vehicle inspection reports, will depend on
the subscription level you choose. For current pricing and available
offers, please visit
BetterWheels Products.
In addition, to displaying the service access package options on
our pricing and the order
page, the price selected during the pre-purchase process (within the
BetterWheels website) is always clearly displayed on the checkout
page.
"Active Users" refers to any current customer with an active
BetterWheels account. Active User Discounts and third-party access
package offers are subject to change without advanced notice and will
be clearly displayed during the pre-purchase process (within the
BetterWheels website) on the order page as well as the checkout page
prior to purchase.
Depending on the type of membership purchased, our Vehicle Inspection Services may require additional payment for commercial vehicles, electrics, classics and exotics. Prices may vary based on vehicle location and the access package you choose during the checkout. The majority of the fees collected for each Vehicle Inspection Report will be allocated to third-party vehicle technicians. Please note that the data provided in each report will vary based on availability. You acknowledge and agree that, unless otherwise specified, you will be charged for each Vehicle Inspection Report you request, regardless of the accuracy or amount of information included in the report.
Once your order is placed, all sales are final. We will refund
for rescheduling or cancellation only as allowed by these Terms. If we
decline to undertake the requested Job, we will refund you for any
service packages determined unserviceable. Even when the vehicle is
sold before we are able to dispatch a technician to inspect the
vehicle, we will credit the amount paid towards another vehicle
inspection or issue a refund.
Gift Cards from BetterWheels can only be used to purchase eligible
Vehicle Services through the BetterWheels platform. Except where
required by law, Gift Cards cannot be transferred for cash value or
redeemed for cash. Charges will be deducted from the Gift Card
balance. We are not responsible for lost, stolen, or destroyed Gift
Cards, or for any unauthorized use of them.
From time to time, we may offer promotional codes or credits
that may be redeemed for account credits or other features and
benefits related to the Services or a Technician's services, subject
to any additional terms specific to each promotion. You agree that
Promo Codes: (i) must be used by the intended recipient for the
designated purpose and in a lawful manner; (ii) cannot be duplicated,
sold, transferred, or made publicly available (e.g., posted online)
unless explicitly allowed by us; (iii) may be disabled by us at any
time for any reason without liability to BetterWheels; (iv) can only
be used according to the specific terms we set for each Promo Code;
(v) have no cash value; and (vi) may expire before being used.
BetterWheels reserves the right to determine how Promo Codes are used
and may withhold or deduct credits, features, or benefits obtained
through Promo Codes if we believe the Promo Code was used in error,
fraudulently, illegally, or in violation of its terms or these Terms.
To request an appointment for Vehicle Inspection, you will be asked to provide the location where you would like the Job to be performed and the date and time that you would like the Job to take place. To request an appointment for a Pre-Purchase Vehicle Inspection, you will be asked to provide the seller’s contact details in order for BetterWheels staff or the vehicle inspector to be able to coordinate the time and place to go out and physically inspect the vehicle. You agree that it is your responsibility to provide accurate inspection-related details in order to ensure the Technician has proper access and permission and is legally authorized to complete the job at the location.
We reserve the right to modify, add, or remove items and adjust
pricing at any time before billing. All prices and options are clearly
disclosed prior to payment. If you and the Technician agree to make
changes to the Job Request, such as modifying, adding, or removing
items, or rescheduling the job, these changes must be documented in
writing by you, the customer, within the BetterWheels platform.
Rescheduling through the platform may result in additional fees.
You agree to treat Technicians with respect and in accordance with the
law, provide a safe and compliant working environment, and cooperate
as needed to help the Technician complete the Job. Please note that we
do not control the availability of independent Technicians on the
BetterWheels platform, and your selected Technician may sometimes be
unavailable due to reasons such as illness, vacation or personal
issues.
All of your Vehicle Inspection Reports are stored within the "Search
History" section of your member's page and are available for download
for 30 days from your original purchase date. You may view, download
and print your report(s) any time during this time period. You must be
an active member in order to access your search history. To securely
access your search history, please visit https://www.BetterWheels.com/login.
Be sure to use the login information as displayed on your purchase
confirmation email, which is sent during the successful completion of
the purchase process.
To access our services, you will need a smartphone, tablet, or
computer. You are responsible for acquiring the necessary compatible
hardware or devices and ensuring you have data network access to use
the Services. Like most technology, our service is not infallible. The
Services may experience malfunctions and delays due to the inherent
nature of the Internet and electronic communications, and we shall not
be liable for any such malfunctions or delays.
The content provided by BetterWheels.com is on an "as is, as
available" basis. Pre-purchase inspections are based on what is seen
and heard through the eyes and ears of third-party Technicians.
BetterWheels neither enters nor validates the data submitted by
technicians and does not authenticate the VIN, title history,
condition or vehicle legal ownership. BetterWheels does not guarantee
the accuracy or completeness of the data presented in the Vehicle
Inspection Report.
We cannot guarantee that a vehicle inspection will identify all potential issues. In some cases, determining the root cause of a problem may require a process of elimination—replacing the defective part and checking if the problem persists. This approach is conducted during the actual diagnostic process. Pre-purchase inspections are not diagnosis Jobs. Diagnostic equipment is not typically used in a pre-purchase inspection. BetterWheels technicians do not perform repairs or diagnostics.
A pre-purchase Inspection Services consists of a visual inspection of
all reasonably accessible components, and some issues may not be
detectable during the inspection. Technicians will not clean or
disassemble any vehicle components during pre-purchase inspections.
Technicians may not be equipped with all the necessary equipment to
identify various vehicle faults. They have no access to a car lift but
may utilize floor jacks to raise certain parts of the car in the air
to inspect the undercarriage and suspension.
Each inspection is limited to the items specifically listed in the
inspection report. If you request the inspection of an item not
included in the report, the Technician may make a reasonable effort to
inspect it; however, there is no guarantee that the additional item
will be assessed. If the additional item is not explicitly mentioned
in the inspection report, you should assume it was not inspected.
Technicians may perform a test drive if circumstances permit; however,
a test drive is not a mandatory part of a pre-purchase inspection
report. If a test drive was conducted, it will be explicitly noted in
the inspection report. If there is no mention of a test drive, it
means that no test drive was performed.
We do not offer inspections that are equivalent to state
inspections or SMOG tests. Obtaining an inspection through the
BetterWheels platform does not guarantee that your vehicle will pass a
state inspection or SMOG inspection. It is your responsibility to
verify the vehicle's legal status and determine if any state-mandated
inspections are required before purchase or during registration.
Pre-purchase inspection reports are not guaranteed or warranted, as
changes in the vehicle can occur or become apparent between the time
of inspection and the time of purchase. Additionally, the Technician
is unable to inspect internal components of the engine or transmission
and does not disassemble the vehicle to examine every part. Therefore,
potential issues may not be visible during the inspection.
BetterWheels does not advice, on a vehicle's value or whether to purchase a vehicle, or does it authenticates its origin. Any decision to purchase or not purchase a vehicle is made entirely at your own risk, regardless of comments made by the Technician. We do not determine a vehicle’s emission compliance or guarantee its safety and performance. By using BetterWheels inspection services, you acknowledge and agree that the inspection does not provide any warranty for the vehicle you may purchase, and your ability to recover for any defects is limited to any warranty the seller may provide.
Some of the vehicle specifications presented on the website and app
are based on decoding the VIN number (which statically identifies
the vehicle's manufacturer and description). Hence, it will not
reflect specific modifications made to this particular vehicle over
the course of its existence. Furthermore, the accuracy of this
decoding is not guaranteed.
A vehicle inspection is not a warranty or an insurance policy. You acknowledge and agree that if you purchase a vehicle inspected by a BetterWheels technician, you are solely responsible for all repair and maintenance costs, regardless of any other insurance policy or warranty that may apply. The decision to purchase a vehicle is entirely your responsibility, including determining whether the vehicle is under warranty or properly insured.
Technicians may undergo a vetting process before registering on the
BetterWheels Platform. While we may conduct background checks on
Technicians, we cannot guarantee that each Technician is who they
claim to be. Therefore, we do not assume any responsibility for the
accuracy or reliability of identity or background check information
provided through the BetterWheels Platform. When interacting with
Technicians, you should exercise caution and common sense to protect
your personal safety and property, just as you would when dealing with
unfamiliar individuals. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY
USER ON THE BETTERWHEELS PLATFORM, WHETHER ONLINE OR OFFLINE, AND YOU
HEREBY RELEASE BETTERWHEELS FROM ANY LIABILITY RELATED TO SUCH
CONDUCT. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE
ARISING IN CONNECTION WITH YOUR USE OF THE BETTERWHEELS PLATFORM.
By browsing, using this website and its content, or registering
for the service, you agree to comply with and be bound by the Terms
and Conditions, as well as the Privacy Policy displayed on the website
and app. If you do not agree, please exit the website now.
Our service includes a 30-day satisfaction guarantee for first-time
subscribers. If you are not satisfied with your purchase, please reach
out to one of our professional customer support agents, and they will
do their best to help resolve any issues. To contact our team, please
visit:
https://www.BetterWheels.com/contact.
We are available every day from 9 AM to 6 PM and from 11 AM to 2 PM
EST on weekends. Please note that our holiday hours may vary.
In order to prevent abuse, our satisfaction guarantee is only applicable to customers subscribing for the first time. The satisfaction guarantee is not applicable to any and all users/customers that have declined or are in violation of any of our legal disclosures or policies.
By accepting these Terms and Conditions, you acknowledge and agree that all content provided on this website is protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws and is the exclusive property of BetterWheels and/or its Affiliates. You are permitted to use the content only as expressly authorized by us or the specific content provider. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this website in any form or by any means without prior written permission from us or the specific content provider. You are solely responsible for obtaining permission before reusing any copyrighted material available on this website. Any unauthorized use of materials on this website may violate copyright, trademark, and other applicable laws, potentially resulting in criminal or civil penalties.
This website may contain links to other websites or references to information, documents, software, materials, and services provided by third parties. These external websites and parties are not under our control, and as a result, we assume no responsibility for the accuracy, copyright compliance, legality, or any other aspect of those websites. The inclusion of such links or references is intended solely for your convenience and does not imply our endorsement or association with the website or party, nor does it constitute any warranty of any kind, either express or implied. We recommend that you carefully review the Terms of Use and Privacy Policies of these external websites.
EXCEPT AS STATED IN THE LIMITED WARRANTY, THE SERVICES AND PARTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
BETTERWHEELS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR
GUARANTEES ABOUT THE RELIABILITY, TIMELINESS, QUALITY, OR AVAILABILITY
OF THE SERVICES OR ANY GOODS REQUESTED THROUGH THE SERVICES.
BETTERWHEELS DOES NOT ASSURE THAT SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, NOR DOES IT GUARANTEE THE QUALITY OR SAFETY OF THIRD-PARTY
PROVIDERS.
YOU AGREE NOT TO HOLD BETTERWHEELS, INCLUDING ITS STOCKHOLDERS,
AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS,
OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AND CONTENT
PROVIDERS (COLLECTIVELY, "MEMBERS"), LIABLE FOR ANY DAMAGES, EXPENSES,
LOSSES, CLAIMS, OR DISPUTES THAT MAY ARISE FROM YOUR USE OF THE
BETTERWHEELS PLATFORM OR ANY SERVICES. THIS INCLUDES LIABILITIES
RELATED TO THE ACTIONS, DELAYS, OR OMISSIONS OF ANY USER OR
THIRD-PARTY PROVIDER, AS WELL AS ANY DISPUTES WITH SUCH PARTIES.
UNDER NO CIRCUMSTANCES WILL BETTERWHEELS OR ITS MEMBERS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, REGARDLESS OF THE CAUSE OR THEORY OF LIABILITY.
THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST EARNINGS,
LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF WE WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BETTERWHEELS AND ITS
MEMBERS DO NOT ACCEPT LIABILITY FOR THE QUALITY OR FITNESS OF WORK
PERFORMED THROUGH THE BETTERWHEELS PLATFORM.
THE BETTERWHEELS PLATFORM SERVES ONLY AS A CONNECTING VENUE FOR
USERS. WE ARE NOT RESPONSIBLE FOR EVALUATING THE SUITABILITY,
LEGALITY, OR CAPACITY OF ANY THIRD-PARTY PROVIDER, AND YOU WAIVE ANY
CLAIMS OR DAMAGES AGAINST BETTERWHEELS RELATED TO THIRD-PARTY
PROVIDERS. THE RESPONSIBILITY FOR THE QUALITY OF SERVICES REQUESTED
THROUGH THE BETTERWHEELS PLATFORM RESTS SOLELY WITH THE THIRD-PARTY
PROVIDER.
YOU UNDERSTAND THAT USING THE BETTERWHEELS PLATFORM MAY EXPOSE YOU TO
SERVICES THAT COULD BE DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE, OR
OTHERWISE UNDESIRABLE, AND YOU ASSUME ALL RISK IN USING THE PLATFORM
AND WORKING WITH THIRD-PARTY PROVIDERS. NOTHING IN THIS AGREEMENT OR
ON THE BETTERWHEELS PLATFORM CONSTITUTES PROFESSIONAL ADVICE. IF YOU
NEED ADVICE ON LEGAL, FINANCIAL, OR MEDICAL MATTERS, PLEASE CONSULT A
QUALIFIED PROFESSIONAL.
YOU RECOGNIZE THAT THIRD-PARTY PROVIDERS MAY NOT HAVE THE
REQUIRED PROFESSIONAL LICENSES. BETTERWHEELS ACCEPTS NO RESPONSIBILITY
OR LIABILITY RELATED TO VEHICLE SERVICES OFFERED BY THIRD-PARTY
PROVIDERS EXCEPT AS SPECIFICALLY STATED IN THESE TERMS.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE,
AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION
OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
BY USING THE BETTERWHEELS PLATFORM, YOU ACKNOWLEDGE THAT YOU
FIND THE LIMITATIONS OF LIABILITY REASONABLE. IF YOU DO NOT AGREE WITH
THESE LIMITATIONS, PLEASE DO NOT USE THE BETTERWHEELS PLATFORM.
You agree to indemnify, defend, and hold harmless BetterWheels
and its Members from any claims, losses, expenses, liabilities,
damages, or demands (including attorney's fees and costs) arising from
or related to: (i) your use, misuse, or inability to use the
BetterWheels Platform and/or Services; (ii) your breach of this
Agreement; (iii) your violation of any applicable laws or regulations;
(iv) your infringement of another party's rights (including those of
Technicians); and (v) any information or content you submit or
transmit via the BetterWheels Platform.
BetterWheels reserves the right to take exclusive control of the
defense of any matter that would otherwise require your
indemnification, at its own expense. You will not settle any such
claim or matter without obtaining prior written consent from
BetterWheels.
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the website, app, or service, with or without notice, for any reason. This includes, but is not limited to, a breach of these Terms of Use. Additionally, any suspected fraudulent, abusive, or illegal activity may result in the termination of your relationship with us and could be reported to the appropriate law enforcement authorities. Termination may also occur due to technical issues that arise either deliberately or inadvertently from your actions.
Any dispute arising out of or related to the Services, the Data, or
this Agreement will be resolved through binding arbitration in Las
Vegas, Nevada. This arbitration will be conducted in accordance with
the Commercial Arbitration Rules established by the American
Arbitration Association. Both parties acknowledge that judgment on the
award issued by the arbitrator(s) can be entered in any court with
appropriate jurisdiction.
By agreeing to this binding arbitration, you are waiving your
right to a jury trial. It is important to understand that this
agreement to arbitrate is entirely voluntary and not a legal
requirement. In the event that either party initiates arbitration or
any legal action concerning the payment of our fees, or any costs
incurred under this Agreement, the prevailing party will be entitled
to recover reasonable attorneys' fees, in addition to any other relief
that may be granted. This provision aims to ensure that both parties
are adequately represented and compensated for their legal expenses in
the event of a dispute.
The failure of BetterWheels to exercise or enforce any specific right
or provision outlined in this Agreement will not be interpreted as a
waiver of that right or provision. In other words, just because we do
not immediately enforce a particular provision does not mean we
relinquish our ability to enforce it in the future. This Agreement
represents the complete and entire understanding between you and
BetterWheels, governing your use of the Services provided. It
supersedes any and all prior agreements or understandings, whether
written or verbal, between you and BetterWheels, including, but not
limited to, any previous versions of this Agreement that may have
existed.
Additionally, it is important to note that this Agreement does
not establish any agency, partnership, joint venture,
employee-employer, or franchiser-franchisee relationship between you
and BetterWheels. The intent of this Agreement is to clearly delineate
the rights and responsibilities of both parties without implying any
additional relationships or obligations beyond those expressly stated.
Should any portion of this Agreement be deemed invalid or
unenforceable by a court of law, that specific portion will be
interpreted in a manner that aligns as closely as possible with the
original intentions of both parties while remaining consistent with
applicable law. The remaining sections of the Agreement will continue
to be effective and enforceable. Furthermore, our failure to enforce
any specific right or provision within this Agreement at any given
time will not be construed as a waiver of that right or any other
rights or provisions contained within this Agreement.
All notifications related to purchases and your account, including
purchase confirmations and support requests, will be delivered
primarily through electronic communications/emails. We believe this
method is the most efficient way to keep you informed and to ensure
that you receive timely updates regarding your transactions and
account status.
When reaching out to our customer support team, please remember
that while our preferred method of communication is email, you can
also contact us via chat or by phone. This flexibility allows you to
choose the method that works best for you. However, for both your
security and ours, our customer support staff is not authorized to
open or download any attachments you may send. Therefore, we kindly
request that you refrain from including any attachments in your emails
to our support addresses, as all attached materials are automatically
scrubbed out to ensure the integrity of our communication channels.
If you have any questions or concerns regarding this Agreement
or the services we provide, we encourage you to reach out to our
support team.
Your inquiries are important to us, and we are committed to assisting
you promptly and efficiently. Please do not hesitate to
contact support for any
assistance you may need.