TERMS OF SERVICE
Last Modified: January 25, 2023
Acceptance of the Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”) govern your access and use of the platform offered by CURBSIDE SOS, INC., and/or one of its divisions, affiliates, and subsidiaries (“CURBSIDE SOS,” “we” or “us”) at CURBSIDE SOS, INC.’s website (https://www.curbsidesos.com/) or mobile applications. The platform services provided by CURBSIDE SOS, the CURBSIDE SOS website and mobile applications together are hereinafter collectively referred to as the “CURBSIDE SOS Platform.”
Your use of the CURBSIDE SOS Platform constitutes your acceptance of and agreement to these Terms of Service, and any future amendments and additions to these Terms of Service as we may publish from time to time. You represent and warrant that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into these Terms of Service and to abide by its terms and conditions, and that you will so abide. Where you enter into these Terms of Service on behalf of an entity or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms of Service. You are required to agree to and accept these Terms of Service in order to access and use the CURBSIDE SOS Platform. If you are under 18 years old, you may use the CURBSIDE SOS Platform only with the approval of your parent or guardian. If you are under 13 years of age, you are not authorized to use the CURBSIDE SOS Platform.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE OF THESE TERMS OF SERVICE, YOU AGREE THAT DISPUTES BETWEEN YOU AND CURBSIDE SOS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
About the CURBSIDE SOS Platform
The CURBSIDE SOS Platform is a web-based communications platform which enables the connection between Requesting Users and Service Provider Users. “Requesting Users” are individual motorists (“Motorist Users”), emergency dispatch centers, and law enforcement individuals and organizations seeking to obtain certain towing, vehicle repair and other services (“Jobs”) from Service Provider Users and are therefore clients of Service Provider Users, and “Service Provider Users” are individuals and/or towing businesses, repair technician businesses and similar businesses seeking to perform Jobs for Requesting Users. Requesting Users and Service Provider Users are hereinafter referred to as “Users.” If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in below under the heading titled “Service Agreement Between Requesting Users and Service Provider Users.”
CURBSIDE SOS DOES NOT PERFORM JOBS AND DOES NOT EMPLOY OR ENGAGE INDIVIDUALS TO PERFORM JOBS. CURBSIDE SOS DOES NOT SUPERVISE, DIRECT OR CONTROL A VENDOR USER’S WORK OR THE JOBS IN ANY MANNER, WHICH EACH USER HEREBY ACKNOWLEDGES.
The CURBSIDE SOS Platform only enables connections between Users for the fulfillment of Jobs. CURBSIDE SOS is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs, Service Provider Users, Requesting Users, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. CURBSIDE SOS makes no representations about the suitability, reliability, timeliness, or accuracy of the Jobs requested and services provided by Users identified through the CURBSIDE SOS Platform whether in public, private, or offline interactions.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify CURBSIDE SOS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the CURBSIDE SOS Platform. CURBSIDE SOS will not be liable for any loss or damage arising from your failure to comply with this paragraph.
CURBSIDE SOS cannot and does not assume any responsibility for the accuracy or reliability of identity of any User or any information provided by a User through the CURBSIDE SOS Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER CURBSIDE SOS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CURBSIDE SOS PLATFORM AND YOU HEREBY RELEASE CURBSIDE SOS AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. CURBSIDE SOS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE CURBSIDE SOS PLATFORM.
Service Agreement Between Requesting Users and Service Provider Users
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a Job with another User. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the CURBSIDE SOS Platform, and any other contractual terms accepted by both the Requesting User and the Service Provider Users to the extent such terms do not conflict with the terms in this Section and do not expand CURBSIDE SOS’s obligations or restrict CURBSIDE SOS’s rights under these Terms of Service. You agree that CURBSIDE SOS is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment, independent contractor or other service relationship between CURBSIDE SOS and the Service Provider Users.
Where approved in advance by the Requesting User, the Service Provider User is not obligated to personally perform the Job. Before any Job services are performed by any employees, subcontractors or other personnel engaged by the Service Provider User, the Service Provider User shall require any such individuals to become registered Service Provider Users on the CURBSIDE SOS Platform pursuant to CURBSIDE SOS policies as described on the CURBSIDE SOS Platform. The Service Provider User assumes full and sole responsibility for the payment of all compensation, benefits and expenses of its employees, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Service Provider User and all persons employer or engaged by the Service Provider User in the performance of the Job. The Service Provider User represents and warrants that i) it is a valid holder of all licenses required by state or federal law to perform the Jobs and otherwise operates its business in accordance with applicable laws, and ii) it shall comply with the following insurance requirements as described herein.
The Service Provider User shall, at the Service Provider User’s expense, carry and maintain the following coverages underwritten by an insurance company which holds an A- or better rating from A.M. Best:
For the Service Provider User that Tows:
- Insurance Requirements
- Commercial General Liability Insurance with a limit in an amount of not less than one million dollars ($1,000,000);
- Commercial Automobile Insurance for all owned, non-owned and hired automobiles with limits of not less than one million dollars ($1,000,000);
- On-Hook Insurance with a limit in an amount of not less than one hundred thousand dollars ($100,000); and
- Garage Keepers Legal Liability Insurance (if such Service Provider User provides storage facility services) insuring any and all automobiles that are parked at the Service Provider User’s storage facility, with a limit in an amount of not less than one hundred thousand dollars ($100,000).
For the Service Provider User that provides Roadside/Soft Services Only:
- Insurance Requirements
- Commercial General Liability (CGL) insurance with a limit in an amount of not less than one million dollars ($1,000,000);
- Commercial Automobile insurance for all owned, non-owned and hired automobiles with limits of not less than one million dollars ($1,000,000);
The following requirements apply in connection with the Service Provider User’s procurement of the above-required insurance policies:
- You shall provide a certificate of insurance naming CURBSIDE SOS as additional insured on the Commercial General Liability insurance and the Commercial Automobile insurance.
- The Service Provider User shall, upon renewal of its policies, provide to Curbside SOS a copy of its certificate of insurance evidencing that the insurances required hereunder have been renewed.
Users of the CURBSIDE SOS Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Job services provided under the Agreement (other than taxes on CURBSIDE SOS’s income).
Job Cancellation and Upcharges
If a Requesting User cancels a scheduled Job appointment, then the Requesting User may be charged a cancellation fee by the Service Provider User. Service Provider Users who cancel a scheduled Job appointment may incur fees as provided in their services agreement with CURBSIDE SOS.
Further, should a Service Provider User provide a final invoice for services that is more than such Service Provider User’s initial estimate to the Requesting User, that Service Provider User must provide via upload to the CURBSIDE SOS Platform support and evidence in the form of photographs and descriptions for our review. All agreed fees over and above the initial estimate shall be labeled “Additional Charges” on User’s receipt.
Worker Classification and Tax Withholding
AS STATED ABOVE, CURBSIDE SOS DOES NOT PERFORM JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM JOBS. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of CURBSIDE SOS. Each User acknowledges that CURBSIDE SOS does not, in any way, supervise, direct, or control a Service Provider User’s work or Jobs performed in any manner. CURBSIDE SOS does not set a Service Provider User’s work hours or location of work. CURBSIDE SOS will not provide any equipment, labor or materials needed for a particular Job. CURBSIDE SOS does not provide any supervision to Users.
The CURBSIDE SOS Platform is not an employment service and CURBSIDE SOS is not an employer of any User. As such, CURBSIDE SOS is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of Users’ Job services.
You agree to indemnify, hold harmless and defend CURBSIDE SOS from any and all claims that a Service Provider User was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Service Provider User was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that CURBSIDE SOS was an employer or joint employer of a Service Provider User, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Use of the CURBSIDE SOS Platform, Accessing the CURBSIDE SOS Platform and Account Security
Use of the CURBSIDE SOS Platform is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, and/or objectionable.
We reserve the right to withdraw or amend the CURBSIDE SOS Platform, and any service or material we provide on the CURBSIDE SOS Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the CURBSIDE SOS Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the CURBSIDE SOS Platform, or the entire CURBSIDE SOS Platform, to you or any other Users. Consequently, CURBSIDE SOS encourages you to maintain your own backup of your information and content. Although it’s our intention for the CURBSIDE SOS Platform to be available as much as possible, we are not a backup service and you agree not to rely on the CURBSIDE SOS Platform for purposes of backup and/or storage of your information and content.
You are responsible for (i) making all arrangements necessary for you to have access to the CURBSIDE SOS Platform and (ii) ensuring that all persons who access the CURBSIDE SOS Platform through your internet connection are aware of these Terms of Service and comply with them.
Authorization to Contact You
Our services may include (i) the ability to browse our CURBSIDE SOS Platform from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Service”). To the extent you access the CURBSIDE SOS Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Service, you agree that we may communicate with you regarding CURBSIDE SOS and other entities by notifications, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Service may be communicated to us. If you change your mobile phone provider or number, the service may be deactivated and you will need to re-enroll in the notification service. CURBSIDE SOS reserves the right to cancel the notification service at any time. You may terminate the notification service by notice to CURBSIDE SOS.
Your Information and Likeness
“Your Information” is defined as any information and materials you provide to CURBSIDE SOS or other Users in connection with your registration for and use of the CURBSIDE SOS Platform, including without limitation that posted or transmitted for use in public areas of the CURBSIDE SOS Platform. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.”
You hereby represent and warrant to CURBSIDE SOS that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for CURBSIDE SOS or cause CURBSIDE SOS to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
You agree that CURBSIDE SOS is not liable for any User Generated Content. CURBSIDE SOS does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that CURBSIDE SOS do so.
You hereby grant CURBSIDE SOS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the CURBSIDE SOS Platform.
Information About You and Your Visits to the CURBSIDE SOS Platform
Fees: To the extent the CURBSIDE SOS Platform or any portion thereof is made available for any fee, you may be required to provide information regarding your credit card or other payment instrument. Further details on the fee structure for your use of the CURBSIDE SOS Platform can be found here. You represent and warrant to CURBSIDE SOS that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with CURBSIDE SOS or Stripe, (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay CURBSIDE SOS the amount that is specified in accordance with the terms of these Terms of Service. CURBSIDE SOS will authorize an initial amount of 2x the estimated cost of services provided to you by a Service Provider User. Users will be charged a fee of 10% of the total amount invoiced to you by the Service Provider User, which will appear as “Curbside SOS fee.” If you are a Service Provider User, please note that CURBSIDE SOS will charge you a fee of 10% of the total amount invoiced by you to the User, which shall be deducted before CURBSIDE SOS issues final payment for the applicable Job. If you dispute any charges you must let CURBSIDE SOS know within sixty (60) days after the date that CURBSIDE SOS charges you. We reserve the right to change CURBSIDE SOS’s prices. If CURBSIDE SOS does change prices, CURBSIDE SOS will provide notice of the change through the CURBSIDE SOS Platform user interface, a pop-up notice, email, or through other reasonable means, at CURBSIDE SOS’s option, at least fourteen (14) days before the change is to take effect. Your continued use of the CURBSIDE SOS Platform after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the CURBSIDE SOS Platform, other than taxes based on CURBSIDE SOS’s net income.
Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by CURBSIDE SOS. You may contact us regarding any questions in connection with your payment by emailing us at: email@example.com.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER CURBSIDE SOS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CURBSIDE SOS PLATFORM AND YOU HEREBY RELEASE CURBSIDE SOS AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. CURBSIDE SOS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE CURBSIDE SOS PLATFORM. BY USING THE CURBSIDE SOS PLATFORM, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM SUCH USE.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the CURBSIDE SOS Platform thereafter.
Your continued use of the CURBSIDE SOS Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Intellectual Property Rights
The CURBSIDE SOS Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by CURBSIDE SOS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the CURBSIDE SOS Platform for your personal and noncommercial use, solely as expressly permitted by these Terms of Service and all applicable intellectual property laws. Any other use of the CURBSIDE SOS Platform is strictly prohibited. Nothing contained on the CURBSIDE SOS Platform should be interpreted as granting to you any license to or right other than as provided herein and/or third-party proprietary content on the CURBSIDE SOS Platform without the express written permission of CURBSIDE SOS or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by CURBSIDE SOS and CURBSIDE SOS’s licensors. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our CURBSIDE SOS Platform, except as follows (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from the CURBSIDE SOS Platform.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the CURBSIDE SOS Platform.
You must not access or use for any commercial purposes any part of the CURBSIDE SOS Platform or any services or materials available through the CURBSIDE SOS Platform.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the CURBSIDE SOS Platform in breach of the Terms of Service, your right to use the CURBSIDE SOS Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the CURBSIDE SOS Platform or any content on the CURBSIDE SOS Platform is transferred to you, and all rights not expressly granted are reserved by CURBSIDE SOS. Any use of the CURBSIDE SOS Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
CURBSIDE SOS name, CURBSIDE SOS logo and all related names, logos, product and service names, designs and slogans are trademarks of CURBSIDE SOS or its affiliates or licensors. You must not use such marks without the prior written permission of CURBSIDE SOS in each instance. All goodwill generated from the use of CURBSIDE SOS’s trademarks will inure to our exclusive benefit. All other names, logos, product and service names, designs and slogans on the CURBSIDE SOS Platform are the trademarks of their respective owners.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of CURBSIDE SOS and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify CURBSIDE SOS in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to CURBSIDE SOS upon termination of these Terms of Service for any reason whatsoever.
The term “Confidential Information” shall mean any and all of CURBSIDE SOS’s trade secrets, confidential and proprietary information and all other information and data of CURBSIDE SOS that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
You may use the CURBSIDE SOS Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the CURBSIDE SOS Platform:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate CURBSIDE SOS, a CURBSIDE SOS employee, another User or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the CURBSIDE SOS Platform, or which, as determined by us, may harm CURBSIDE SOS or Users of the CURBSIDE SOS Platform or expose them to liability.
Additionally, you agree not to:
- Use the CURBSIDE SOS Platform in any manner that could disable, overburden, damage, or impair the CURBSIDE SOS Platform or interfere with any other party’s use of the CURBSIDE SOS Platform, including their ability to engage in real time activities through the CURBSIDE SOS Platform.
- Use any robot, spider or other automatic device, process or means to access the CURBSIDE SOS Platform for any purpose, including monitoring or copying any of the material on the CURBSIDE SOS Platform.
- Use any manual process to monitor or copy any of the material on the CURBSIDE SOS Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the CURBSIDE SOS Platform.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the CURBSIDE SOS Platform, the server on which the CURBSIDE SOS Platform is stored, or any server, computer or database connected to the CURBSIDE SOS Platform.
- Attack the CURBSIDE SOS Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the CURBSIDE SOS Platform.
Reliance on Information Posted
The information presented on or through the CURBSIDE SOS Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the CURBSIDE SOS Platform, or by anyone who may be informed of any of its contents.
The CURBSIDE SOS Platform may include content provided by third parties, including materials provided by third party service providers, other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CURBSIDE SOS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CURBSIDE SOS.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, the payment and delivery of goods and services by any third party, or any terms, conditions, warranties or representations associated with such dealings with third parties. YOU AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTY, OR AS A RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE CURBSIDE SOS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, AS TO THE ACCURACY, VALIDITY, AND LEGALITY AND/OR OTHERWISE OF ANY MATERIALS AND/OR INFORMATION CONTAINED ON SUCH LINKS OR FOR THE GOODS AND/OR SERVICES OFFERED OR PROVIDED BY ANY SERVICE PROVIDER OR OTHER THIRD PARTY.
Dealings with Third Parties
CURBSIDE SOS does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any User or other third party. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any User or third party, CURBSIDE SOS is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any User or third party, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such User or third party exclusively and do not involve CURBSIDE SOS. You should make whatever investigation or consult other resources that you deem necessary or appropriate before hiring or engaging any such User or third party.
Users or third parties may link or otherwise direct you or other Users to our CURBSIDE SOS Platform for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party websites. CURBSIDE SOS does not control or operate any such third party websites. Any information you provide to these third-party websites while on these third party websites is subject to the respective policies of those third parties, and not CURBSIDE SOS’s policies. It is your responsibility to review such third party policies, including any relevant privacy policies. You agree that CURBSIDE SOS will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. CURBSIDE SOS does not make any representations or warranties as to the security of any information you might be requested to give to any third party websites. You use these third party websites at your own risk.
YOU (i) AGREE THAT CURBSIDE SOS IS NOT RESPONSIBLE FOR THE ACCESSIBILITY OR UNAVAILABILITY OF ANY USER OR FOR YOUR INTERACTIONS AND DEALINGS WITH THEM, (ii) WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST CURBSIDE SOS RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY USER OR OTHER THIRD PARTY AND (iii) RELEASE CURBSIDE SOS FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS OR DEALINGS WITH USER OR OTHER THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, CONSUMPTION OF PRODUCTS OR SERVICES OF, OR PARTICIPATION IN PROMOTIONS OF, USERS OR THIRD PARTIES FOUND ON OR THROUGH THE USE OF THE CURBSIDE SOS PLATFORM, INCLUDING PAYMENT FOR AND DELIVERY OR FULFILLMENT OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH USER OR THIRD PARTY. YOU AGREE THAT CURBSIDE SOS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH USERS OR THIRD PARTIES ON THE CURBSIDE SOS PLATFORM.
Changes to the CURBSIDE SOS Platform
We may update the content on the CURBSIDE SOS Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the CURBSIDE SOS Platform may be out of date at any given time, and we are under no obligation to update such material.
Other Terms and Conditions
Other additional terms and conditions may apply to specific portions, services or features of the CURBSIDE SOS Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Linking to the CURBSIDE SOS Platform
You may not link to our CURBSIDE SOS Platform.
The owner of the CURBSIDE SOS Platform is based in the state of Michigan in the United States. We provide the CURBSIDE SOS Platform for use only by persons located in the United States. We make no claims that the CURBSIDE SOS Platform or any of its content is accessible or appropriate outside of the United States. Access to the CURBSIDE SOS Platform may not be legal by certain persons or in certain countries. If you access the CURBSIDE SOS Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the CURBSIDE SOS Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our CURBSIDE SOS Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CURBSIDE SOS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CURBSIDE SOS PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY CURBSIDE SOS PLATFORM LINKED TO IT.
YOUR USE OF THE CURBSIDE SOS PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE CURBSIDE SOS PLATFORM IS AT YOUR OWN RISK. THE CURBSIDE SOS PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE CURBSIDE SOS PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CURBSIDE SOS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER CURBSIDE SOS NOR ANY PERSON ASSOCIATED WITH CURBSIDE SOS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE CURBSIDE SOS PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CURBSIDE SOS NOR ANYONE ASSOCIATED WITH CURBSIDE SOS REPRESENTS OR WARRANTS THAT THE CURBSIDE SOS PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CURBSIDE SOS PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR CURBSIDE SOS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CURBSIDE SOS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CURBSIDE SOS PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL CURBSIDE SOS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CURBSIDE SOS PLATFORM, ANY CURBSIDE SOS PLATFORMS LINKED TO IT, ANY CONTENT ON THE CURBSIDE SOS PLATFORM OR SUCH OTHER CURBSIDE SOS PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CURBSIDE SOS PLATFORM OR SUCH OTHER CURBSIDE SOS PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The CURBSIDE SOS Platform is only a venue for connecting Users. Because CURBSIDE SOS is not involved in the actual contact between Users. In the event that you have a dispute with one or more Users, you release CURBSIDE SOS and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
CURBSIDE SOS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE CURBSIDE SOS PLATFORM.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You (as "Indemnifying Party") shall indemnify, hold harmless, and defend CURBSIDE SOS and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, that are incurred by Indemnified Party, arising out of any third-party claim alleging:
- material breach of this Terms of Service by Indemnifying Party;
- any act or omission of Indemnifying Party, including without limitation, any negligent, reckless or willful misconduct, in connection with the performance of its obligations under this Terms of Service; or
- any bodily injury, death of any person or damage to real or tangible personal property caused by the acts or omissions of Indemnifying Party, including without limitation, any negligent, reckless or willful misconduct; or
- any failure by Indemnifying Party to comply with any applicable federal, state or local laws, regulations or codes in the performance of its obligations under this Terms of Service.
Governing Law and Jurisdiction
All matters relating to the CURBSIDE SOS Platform and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE CURBSIDE SOS PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We want to address your concerns without needing to file a formal legal claim. Before filing a claim against us, you acknowledge and agree you will try to resolve the dispute informally by contacting us at firstname.lastname@example.org. We will try to resolve the dispute via e-mail, but if we cannot resolve the dispute within thirty (30) days after the date of your submission, you agree to resolve any claims related to these Terms of Service through final and binding arbitration, except as forth under this section titled “Arbitration.”
By using the CURBSIDE SOS Platform, you agree that: (i) any claim, dispute, or controversy you may have against CURBSIDE SOS arising out of, relating to, or connected in any way with this Terms of Service or the CURBSIDE SOS Platform shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (ii) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and CURBSIDE SOS; (iii) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (iv) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only you and/or CURBSIDE SOS's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (v) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CURBSIDE SOS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (vi) with the exception of subpart (iv) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (iv) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor CURBSIDE SOS shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, you may visit the AAA website at http://www.adr.org.
You can opt-out and decline this agreement to arbitrate by contacting us within thirty (45) days of the date that you first became subject to this arbitration provision (i.e.: the date you accept these Terms of Service). You must send us written notice to CURBSIDE SOS, Inc., Attention: Opt-Out Arbitration, 21103 Gratiot Ave., Eastpointe, MI 48021. If you opt out, you are not required to participate in an arbitration proceeding.
Notwithstanding anything herein to the contrary, in the event (i) you misuse and/or abuse our CURBSIDE SOS PLATFORM or services, (ii) you breach the confidentiality terms set forth herein and/or (iii) you infringe a third party’s intellectual property rights, we may assert a claim against you and seek injunctive relief from a court of competent jurisdiction. In the event of the foregoing, any such action shall take place exclusively in the courts situated in the Macomb County, Michigan and the parties hereby submit to the venue of the courts situated therein.
Term and Termination
These Terms of Service shall continue in full force and effect until such time as it is terminated by you or by us.
We may terminate these Terms of Service or terminate or suspend your right to use the CURBSIDE SOS Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached these Terms of Service or any policy posted on the CURBSIDE SOS Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct")) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the CURBSIDE SOS Platform due to any Prohibited Conduct, we will refund in full any payments for Jobs that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, CURBSIDE SOS may delete the account and all the information in it. You have no ownership rights to your account.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service.
No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Waiver and Severability
No waiver by CURBSIDE SOS of any term or condition set forth in these Terms of Service 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 of CURBSIDE SOS to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
Successors and Assigns
These Terms of Service may not be assigned or transferred by you without our prior written approval. We may assign or transfer these Terms of Service without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. These Terms of Service will inure to the benefit of CURBSIDE SOS, its successors and assigns.
These Terms of Service constitute the sole and entire agreement between you and CURBSIDE SOS with respect to its subject matter.