Terms of Service
EFFECTIVE DATE: 01/01/2018
DENT IMPRESSIONS CORPORATION, a Minnesota Corporation, operates a service (the “Service”) accessible through the HAIL CHASERS APPLICATION, offering an application allowing technicians and/or brokers to post dent removal jobs in their respective location in which freelance contractors can apply to such jobs.
These Terms of Service (collectively, “Terms of Service”) set forth the terms and conditions under which you may access and use the Service.
These Terms of Service apply to any user of the Services offered by the Hail Chasers Application.
BY ACCESSING, REGISTERING WITH OR USING THE SERVICES OF THE HAIL CHASERS APPLICATION, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER WITH OR USE THE SERVICES. ALL USERS OF THE SERVICES OFFERED BY DENT IMPRESSIONS CORPORATION AND THROUGH THE HAIL CHASERS APPLICATION MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS SUCH SERVICES.
Dent Impressions Corporation (hereinafter “Dent Impressions”) reserves the right to modify or change these Terms of Service at any time without prior notice to you. If Dent Impressions modifies or changes these Terms of Service, it will also revise the “Effective Date” at the top of the page.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF SERVICE, THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO LIMITATIONS ON DENT IMPRESSIONS’ LIABILITY
1) GENERAL USE AND RESTRICTIONS.
- USE OF SERVICE. You agree not to access and/or use the Services for any purpose that is not expressly permitted by these Terms of Service or is otherwise unlawful.
- INFORMATION PROVIDED. If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third-party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer all personally identifiable information you provide, and you assume all responsibility for dissemination and use of the information provided.
- RESTRICTIONS. You agree not to use any of Dent Impressions’ trademarks as metatags on other websites; use the Services in any manner that is illegal or impairs the operation of the Services or its availability or usage by others.
2) THE SERVICE.
- GENERAL. The Hail Chasers Application allows technicians and/or brokers to post paintless dent removal jobs in their respective location in which freelance contractors can apply to such jobs.
A) The fees for the Services of the Hail Chasers Application are as follows: Free.
- USAGE PLANS. The Usage Planes offered on the Hail Chasers Application are as follows: None.
- SECURITY. Dent Impressions will use commercially reasonable efforts to comply with applicable United States Federal and state data security, data breach and privacy laws and regulations. Be advised that information transmitted on the Internet and/or stored on systems attached to the Internet, such as ours, is not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of such information. We will not be responsible for disclosure of any information due to errors in transmission or the unauthorized acts of third-parties. In the event that we learn of a data breach of any subscriber’s non-public personally identifiable information, or reasonably suspect any such data breach, we shall promptly notify such user of such data breach or suspected data breach.
3) FEES AND PAYMENT
- FEES. Users shall pay to Dent Impressions any fees due in accordance with the fee schedule posted on the Service, as updated from time-to-time.
- TAXES. All amounts payable under these Terms of Service are exclusive of all sales, use, value-added, withholding and other taxes and duties. Users will promptly pay, and indemnify Dent Impressions against, all taxes and duties assessed in connection with (a) any such amounts, (b) these Terms of Service, and (c) performance hereunder by any authority within or outside of the U.S., except for taxes payable on Dent Impressions’ net income.
- PAYMENTS. All amounts payable hereunder must be made in U.S. dollars. Users shall make all payments via credit card, debit card or by other means that we may permit from time-to-time.
- CREDIT CARD PAYMENTS. If a user designates a credit card or debit card to make payments, the user hereby agrees that Dent Impressions (or its applicable payment processor) is authorized to charge user’s designated card on the applicable due date. If Dent Impressions (or its applicable payment processor) does not receive payment from the applicable card issuer or its agents, or if payment made by bank draft or other means is not honored, the user agrees to pay all amounts due immediately upon demand. User agrees to keep the account number and expiration date of user’s designated card and user’s billing address updated at all times.
4) TERM AND TERMINATION.
Dent Impressions may terminate your access to the Hail Chasers Application, with or without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
5) LINKING AND THIRD-PARTY DEALINGS.
Dent Impressions may, in the public area of its application provide hyperlinks to other websites and Internet resources operated by persons other than Dent Impressions. Dent Impressions has no control over such sites and resources. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such websites does not imply any sponsorship, affiliation or endorsement of the material on such websites or with their operators.
6) INTELLECTUAL PROPERTY.
Dent Impressions and its original content, graphic, images, videos, features, and functionality are owned by Dent Impressions and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You hereby agree to indemnify and hold harmless Dent Impressions and its affiliates, officers, members, managers, directors, employees, equity holders, information providers, suppliers, licensors and licensees, and their respective successors and assigns (“Covered Persons”) from and against any and all losses, damages, liabilities, deficiencies, judgments, interest, awards, fines, costs or expenses of whatever kind, including, without limitation, amounts paid in settlement and reasonable attorney's fees incurred by any Covered Person in connection with any claim, action, arbitration, litigation, subpoena or investigation of any nature (whether at law or in equity) arising out or caused by (a) your access and/or use of the Service, (b) any claim that any subscriber Content and/or User Content, as applicable, misappropriates, infringes or otherwise violates any third party's rights, including privacy or intellectual property right of any third party, and/or (c) any breach, or alleged breach, of any of these Terms of Service by you. User further indemnifies and holds harmless the Covered Persons from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, incurred by any Covered Person in connection with any claim arising out of any claim or allegation made or brought by a then-current or former User, including, without limitation, a claim or allegation relating to, or arising out of, the User's use of the Service.
8) DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS", "WITH ALL FAULTS", and "AS AVAILABLE" basis. Dent Impressions makes no representations or warranties relating to the Service including, without limitation, representations or warranties that (a) the Service shall meet your requirements, (b) the operation of the Service will be uninterrupted or error-free, (c) the Service will be secure, or (d) any defects in the Service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND DENT IMPRESSIONS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT DENT IMPRESSIONS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), TITLE , QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, DENT IMPRESSIONS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE.
9) LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY COVERED PERSON BE LIABLE FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OR (B) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE TERMS OF SERVICE AND/OR THE SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF SUCH COVERED PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. In no event shall any Covered Person’s total liability to you for any damages arising out of or in any way connected with these Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed the greater of (a) ten dollars ($10) or (b) the amount you paid to us, if any, during the three (3) month period immediately before the applicable claims arose. THE FOREGOING LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
10) MODIFICATIONS TO THE SERVICE.
Dent Impressions may modify the use of all or any portion of the Services at any time for any reason (or for no reason) and without notice or liability. Dent Impressions may suspend, discontinue and/or restrict the use of all or any portion of the Services at any time for any reason (or for no reason) without liability upon ten (10) days’ notice by emailing registered users.
11) GOVERNING LAW AND JURISDICTION.
This Terms of Service Agreement shall be governed by the laws of the STATE OF MINNESOTA, and Minnesota law will apply to any questions relating to the meaning of any provision of this Agreement.
- PRE-ARBITRATION PROCEDURES. In the event of any dispute or controversy arising out of or relating to this Agreement, including its validity, enforceability, performance or breach, the Party alleging a dispute will notify the other party of the existence of the dispute, and provide reasonable detail about the dispute. Officials representing both parties will meet and attempt to resolve the dispute within fifteen (15) days of the notice.
- ARBITRATION. In the event party officials do not meet or are unable to resolve a dispute within the above period, the dispute shall be resolved exclusively by final binding arbitration in accordance with current Commercial Arbitration Rules of the American Arbitration Association (AAA). The parties shall endeavor to select a mutually acceptable arbitrator within fifteen (15) days of the notice of a demand for arbitration. In the event the parties are unable to agree to such a selection, AAA procedures shall be used to select a single arbitrator.
The costs for the arbitration and the fees of the arbitrator shall be shared equally by the parties. All parties agree that arbitration shall take place within the County of Hennepin, Minnesota. The arbitrator shall not have the authority, power or right to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The arbitrator shall endeavor to commence the arbitration within sixty (60) days of the arbitration notice. A written award shall be rendered by the arbitrator within thirty (30) days of the end of the arbitration hearing(s), and shall be final and binding on the parties. Judgment may be entered thereon in any court having jurisdiction. Pending the resolution of the dispute, the parties shall, without delay, continue to perform their respective obligations under this Terms of Service Agreement.
13) GENERAL PROVISIONS.
14) HOW TO CONTACT US.
If you have any questions or comments about these Terms of Service or this Site, please contact us at: firstname.lastname@example.org.