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Privacy Policy

Customer (“you”, “your”) understands that when you interact with The Pit Patch Inc., a California corporation (“we,” “us” or “our”), including through our website, you may entrust us with your personal information. As a result, we have crafted this Privacy Policy (“Privacy Policy”) with you in mind, so that we can protect your personal information and inform you of your privacy rights. In this Privacy Policy, we explain our policies and procedures for data collection, use, maintenance, protection, and disclosure when you visit our website (the “Site”). This Privacy Policy also governs and provides you with information concerning the data we collect from and concerning you when you interact with us other than through our Site, for example at any of the store locations in our family of brands. We respect your privacy. Any information that ca  be used to identify you will be used only in accordance with this Privacy Policy. We do not intentionally share any customer information with nonaffiliated third parties for third party marketing purposes. We will update this Privacy Policy when we adjust our procedures to protect your information. Before these changes go into effect, we will post the updated Privacy Policy, along with an effective date for the new Privacy Policy. Once we alter the Privacy Policy, continued use of the Site, or continued interaction with us other than through the Site, will be governed by the updated Privacy Policy.

Automatically Collected Information

Automatic Information Collection

As is customary for websites, the Site will collect information, including technical and routing information about your computer or device, without you being prompted. This may include geolocation data and Internet or other electronic network activity such as device identifiers and advertising identifiers. We use this information to optimize our Site for our users’ use. If, however, you choose to browse the Internet anonymously, we will not collect technical or routing information about your computer or device.

Cookies & Web Analytics

We may place a cookie on your hard drive in order to identify you at a later time when you return to our Site. A cookie is a very small text file placed on your device by a web server to collect standard Internet log information and visitor behavior information in an anonymous form. It is uniquely yours and can only be read by the server that gave it to you. The cookie that we place on your device will contain only an identifying number that we assign to you. It will contain no other personal information. Third party cookies may also be used.


We may also utilize third party tracking software or utilities, such as Google Analytics. This helps us analyze data and improve our Site, as well as tailor it to customer needs. Third parties may use cookies and similar technologies to collect or receive anonymous data to provide measurement services and target ads. We may use remarketing with Google Analytics and/or Facebook to advertise online. Our ads are shown on the Internet through third party vendors, such as Google and Facebook. Cookies are used to inform, optimize and serve ads based on your previous visits to our Site.

 

Children Under the Age of 13

We do not knowingly collect information from children under the age of 13. Our Site is not directed at persons under the age of 13 and should not be used by them. In no event should children under the age of 13 provide any personal information through our Site. More information about the Children’s Online Privacy Protection Act (COPPA) and how it protects children who use the Internet may be found at www.ftc.gov.

Mobile App Privacy

When using our mobile apps, we may collect general information about your session as outlined in the chart below. We may also collect information voluntarily supplied by you.We do not share any of the information collected by our mobile apps, except where necessary in order to develop or maintain our apps or as noted in the chart below.

Other Information We Collect

As part of our services, when you visit our Site, our server automatically collects certain browser or devicegenerated information, including but not limited to: your Internet service provider; your IP address; the date, time and duration of your visit; your browser type; your operating system; and your page visits. We may deidentify and aggregate certain data we collect such that the data no longer identifies or can be linked to a particular visitor to our Site in order to analyze trends and make improvements to our Site to provide our customers with optimal online experiences with us. The chart below gives you more information about the types of data we collect about you generally, both online and offline, why we collect it, how we share it, and why we share it.

Use of Personally Identifiable Information

We may use (and, where specified, share) your personal information for the following purposes:

Communication

When you contact us, we may use personal information (like your e-mail address) to reply and provide you with the services or information you requested. From time to time, we may send you e-mails with promotional offers. We also may use your personal information to collect feedback on our Site, services, and policies.

Site Improvement


We reserve the right to use your personal information and browsing behavior to personalize our Site and improve the overall user experience. We also may use personal information to evaluate response rates or gauge the usability of the Site.

Protect Content

In order to stop malicious, deceptive, fraudulent or illegal activity from occurring on our Site, we may use identifying information to monitor users’ behavior on the Site. Our attempts to prevent malicious, deceptive, fraudulent, or illegal Internet activity may cause some users to be suspended from the Site and its features.

Provide Services, Honor Warranties, Issue Recalls

When you visit us for service to your vehicle, we collect information, such as your name, address, and telephone number, as well as vehicle specific information, such as make, model, year, license plate number, and sometimes Vehicle Identification Number, in order to provide you with services you request, honor warranties for parts installed on your vehicle, or otherwise issue recalls in relation to those parts, where
appropriate.

Data Rights

Subject to applicable law, you may have the right to request and obtain information about, or copies of, your personal information that we process, where we obtained your information, the business or commercial purpose for collecting your information, and the third parties with whom your information is shared. Your right may also include the ability to tell us not to sell your information. Lastly, you may ask us to delete, correct, and/or limit the use of the personal information that we have collected from you, depending on the situation and applicable laws.

California Data Rights

Residents of California have the following rights with respect to their personal information, in certain circumstances:

  • The right to know the categories and specific pieces of personal information we have collected about you in the last 12 months, the sources from which the personal information was collected, and the business purpose for collecting such information;
  • The right to know whether and how we sell or disclose your personal information, to whom we sell or disclose your personal information and the categories of personal information sold or disclosed, and the business purpose for selling or disclosing your personal information;
  • The right to request a copy of the specific pieces of personal information we have collected about you in the last 12 months;
  • The right to request that we not sell your personal information;
  • The right to request that we delete, correct, and limit the use of the personal information that we have collected from you, in certain circumstances; and
  • The right not to receive discriminatory treatment for the exercise of your privacy rights.

Residents of California may make a request to exercise these rights by contacting us by phone at 888-637-2824 or by e-mailing us at customerservice@thepitpatch.com.


Upon receipt of a request to exercise your rights, we may request additional information in order to verify your identity. You may also be required to confirm your identity under relevant law or regulation. To the extent possible, we will utilize information already in our possession to verify your identity. Any information you provide in connection with such verification will be deleted as soon as practicable following your request and not used for any other purpose.

You may designate an authorized agent to make a request on your behalf. If you submit a request through an authorized agent, we may require that the authorized agent provide proof that the authorized agent has been authorized by you to act on your behalf and may still require you to verify your identity in accordance with the above and directly confirm that you provided the authorized agent with permission to submit the request.

You have the right to not be discriminated against for exercising any of your privacy rights. For example, we will not deny you goods or services; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to you; suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

California law permits consumers who are California residents to request and obtain from us once a year, free of charge, information about the personal information, if any, we disclosed to third parties for direct marketing purposes within the immediately preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all  third parties with which we shared information for these purposes within the immediately preceding calendar year.

If you are a California resident and would like to make such a request, please submit your request in writing to:

The Pit Patch Inc.
Attn: Privacy Policy
20555 Devonshire St., #207
Chatsworth, CA 91311

The chart below summarizes our practices in relation to your personal information over the preceding 12 months.

 

Category of Information Collected Source of Information Purpose of Collection Third Parties to whom Information is Sold or Disclosed
Identifiers, such as real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name or other similar identifiers. This includes vehicle specific information, such as make, model, year, license plate number, and Vehicle Identification Number You, your company, and/or your use of our Site To contact you; provide you or your company with goods, services, or information you or your company request; or to make our products and services better We disclose your information to service providers, such as mailing fulfillment vendors and companies that help us identify you and your preferences, to conduct our business. We may also share your personal information with other service providers, such as credit card processors or professionals, like attorneys or accountants, where necessary for our business
Other identifiers such as signature, telephone number, credit card number,or debit card number You, your company, and/or your use of our Site See Above See Above
Commercial information, including records of products or services purchased, obtained or considered You, your company, and/or your use of our Site See Above See Above
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with the Site, an application, or advertisement You, your company, and/or your use of our Site See Above See Above
Inferences we draw from any of the information identified above to create a profile about you reflecting your preferences You, your company, and/or your use of our Site See Above See Above

Information Disclosure

We may need to disclose your personal information occasionally. Most of our disclosures are necessary to complete a transaction or provide the information or service you have requested. In addition to this, we may disclose your information if needed to comply with a court order, law, legal proceeding, or request from the government. We also reserve the right to disclose your information if we have the reasonable belief that such disclosure is fundamental to the safety of individuals associated with us or others unaffiliated with us, or to report or investigate fraud or a crime.


We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to require that the transferee use personal information collected concerning consumers in a manner that is consistent with this Privacy Policy.


Security

We consider the protection of personal information a very high priority. To protect the confidentiality of your personal information, we use technology to update and test our computer networks regularly. Our goal is to ensure we maintain commercially reasonable standards to secure your privacy.

Virus Protection

We use computer anti-virus software that is designed to detect and prevent computer viruses from entering our computer network system.

Firewalls

We use a specially programmed computer system that stands between us and the Internet. It is a security measure used by many companies to prevent unauthorized access by individuals or computer networks.

Links to Other Websites

Our Site may contain links to other websites. However, once you have used such a link to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this Privacy Policy. You should exercise caution when visiting other sites and familiarize yourself with the privacy policy applicable to the website in question.

Contact Us

If you have any questions or concerns about this Privacy Policy, or how we protect your personal information, please feel free to contact us by phone at 888-637-2824 or e-mail us at customerservice@thepitpatch.com.

Effective Date

This Privacy Policy was last updated on April 1, 2024

terms & Conditions of Use

These Terms and Conditions of Use, together with the Privacy Policy, and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Terms.” These Terms constitute a legal agreement (this “Agreement”) between you (“you” or “your”) and The Pit Patch Inc., a California corporation (“our,” “we,” “us,” or the “Company”). These Terms set forth the terms and conditions that govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, SUBSCRIBING FOR, OR USING THE SERVICES.”

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and us. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you, and supersede content or information you read or have access to at other places, such as our website, emails, or applications. We may immediately terminate these Terms 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.

Supplemental terms may apply and will be disclosed to you. Supplemental terms include, but are not limited to, policies for a particular event, activity or promotion. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

We may amend or supplement these Terms from time to time. Amendments will be effective upon our posting of such updated Terms or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as so amended or supplemented.

By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old, 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 (ii) you have the right, authority and capacity to enter into this Agreement and to abide by these Terms, and that you will so abide. Where you enter into this Agreement as a person as provided in this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated.

The Services

The Services include use of a technology platform (referred to hereinafter as the “Platform”) that enables users of our Site and/or mobile applications to arrange, schedule, and perform a tire replacement, tire rotation and balancing, alignments, oil changes, vehicle inspection, diagnosis, maintenance, and/or repair service, amongst other things.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble

the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership

The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services; or (ii) to use or reference in any manner the Company’s names, logos, product and service names, trademarks or service marks.

Your Use of the Services

Communications between you and us. You expressly consent and agree to accept and receive communications from us, including via email, text messages, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by the Company you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages or ringless voicemails sent by or on behalf of the Company, its affiliated companies and/or third party providers (“Third Party Providers”), including but not limited to: operational communications concerning your user account or use of the Platform or Services, updates concerning new and existing features on the Platform, communications concerning promotions run by us or our Third Party Providers, and news concerning us and car services. You may opt out of receiving text (SMS) messages from us at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Services. You agree to our use of a service provider to mask your telephone number when you call or exchange text messages with a Third Party Provider using a telephone number provided by us. During this process, we will receive in real time and store call data, including the date and time of the call or text message, the phone numbers, and the content of the text messages. You agree to the masking process described above and to our use and disclosure of this call data for its legitimate business purposes. We may send you confirmation and other transactional emails regarding the Services. We may also send you emails about services that we think might interest you, and you can unsubscribe from such promotional emails at any time by clicking unsubscribe in our email communications or by contacting us.

Scheduling a Job. To request an appointment with us or one of the Third Party Providers in our network for any job (a “Job”), you may be asked to specify the following information: (i) the type of service that you think is required on your car, (ii) the location where you would like for the Job to be performed, (iii) the date and time that you would like for the Job to take place, and (iv) certain information about yourself, including your name, email address and/or phone number, all of which is subject to our Privacy Policy.

You agree to treat our employees courteously and lawfully, and to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations.

Billing; Payment. Upon requesting Services, you acknowledge that the Company has one time service charges and recurring payments, and you accept responsibility for non-payment and/or all recurring charges prior to cancellation. We may bill or invoice you through any means as determined in our sole discretion, and you are responsible for payment of all taxes in addition to the Services.

Collecting Information About You

By using our Services, you authorize us directly or through third parties to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address, phone number, address, date of birth, social security number or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity, such as but not limited to a government issued identification. We reserve the right to close, suspend, or limit access to your account and/or the Services if we cannot obtain or verify this information.

Vehicle Title, Registration and Ownership

Regardless of title, registration and ownership of the vehicle, by creating an account under your name, subscribing and or scheduling services with us, you are agreeing to the full terms and conditions as outlined in this Agreement.

Service Appointment Cancellation; No Show; Reschedule Fee

You may cancel or reschedule your scheduled Service or Job at any time, subject to the following. If you cancel more than 24 hours before a scheduled Service appointment or Job, there is no cancellation fee. If you cancel within 24 hours of the scheduled start time for the Job or scheduled Service, or you and or your vehicle is not made available or accessible for the scheduled service you will be charged a $50.00 cancellation fee.

Service Appointment Availability; Limitations

We cannot guarantee availability for service appointments or Jobs. Availability is dependent upon the service network availability, which can vary by location and can also be impacted by holidays and or weather.

Maintenance and Service

Mechanical Issues; Failure to Repair; Right to Refuse

It is your responsibility to address and correct any potential excessive tire wear that could be due to but not excluded to: incorrect wheel alignment, faulty suspension, a worn steering system, or an issue with the braking system or interference with vehicle components such as but not limited to fenders, exhaust, springs or other components. Failure to maintain or repair these will void the benefits covered under your subscription at the discretion of the Company.

Customizations; Premature Tire Wear; Right to Refuse

A subscription with us does not support customized vehicles that cause premature tire wear that could be due to but not limited to: negative camber, positive camber, lowered suspension, lifted suspension or improper tire size selection. Premature wear due to vehicle customizations will void the benefits covered under your subscription in our sole discretion.

Pre-Existing Conditions; Right to Refuse

It is your responsibility to notify us of any preexisting conditions that could cause excessive and premature tire wear or cause a safety issue pre or post installation. We reserve the right to refuse installation or tire servicing and or cancellation of your subscription if we determine the subject vehicle to be mechanically unfit.

Pre-Existing Lugnut; Stud Damage; Right to Refuse

It is your responsibility to notify us of any preexisting conditions of any lugnut and or stud damage that would prevent us from completing any Services or Job. We reserve the right to refuse installation or tire servicing and or cancellation of your subscription if we determine the subject vehicle to be mechanically unfit. We may also require you to seek mechanical repair prior to installation or tire servicing by us.

Plasti Dipped; Spray Painted; Custom Painted Rims

Due to the lack of durability of Plasti Dipped, Spray Painted or Custom Painted Rims, the Company is not responsible for any issues, problems, or damages, including but not limited to chips, scratches, flaking or any other rim damage caused before, during or after the tire installation and or servicing of your vehicle by us.

Extreme Driving Exclusions; Right to Refuse

Certain driving behaviors are not supported under a subscription with us, including but not limited to: amateur or professional racing, tracking, drifting, burnouts, off roading or other extreme driving including using the tires improperly or in an abusive manner; not considered normal daily commuting. These driving styles will void the benefits covered under your subscription in our sole discretion.

No Returns; Refunds; Exchanges

No refunds, returns or exchanges are accepted after any tires have been installed on your vehicle or after any Job is completed.

Limitation of Coverage Areas

A subscription with us and our services are available in limited geographic locations. By subscribing, you understand and agree that if you are traveling, relocating temporarily or permanently outside of our covered area, this will have a negative impact on the availability of the subscription benefits and or services and does not change or alter your obligations under this Agreement.

Account Termination; Agreement Violation

We may terminate this Agreement or terminate or suspend your right to use the Services at any time without reason, or with reason (including, without limitation, in the event we believe you have failed to make payment for the Service(s), or if we find that you have engaged in inappropriate and/or offensive behavior, or if you have violated any of these Terms) by providing you with verbal, 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. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress governed by applicable law. Small claims proceedings will govern all amounts within such jurisdictional framework, and arbitration will govern all greater claims amounts, as outlined in the terms below. In addition to

terminating or suspending your account, we reserve the right to engage in litigation to recover any amounts due.

Disclaimers

THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. THE COMPANY DOES NOT PROVIDE, AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF REPAIR SERVICES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY US OR OTHER PARTIES WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES, JOBS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES OR JOBS WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR ANY SERVICES OR GOODS PROVIDED BY THEM. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

IN ADDITION, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY OCCUR TO YOUR VEHICLE OR ITS CONTENTS DURING OR AFTER ANY SERVICES OR JOBS PERFORMED BY US. BY AGREEING TO USE OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS DISCLAIMER AND AGREE TO RELEASE THE COMPANY FROM ANY LIABILITY FOR DAMAGES OR LOSSES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR JOBS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

Limitations of Liability

YOU AGREE NOT TO HOLD THE COMPANY (OR ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR THIRD

PARTY PROVIDER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR ANY MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR THE MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY SERVICES OR MERCHANDISE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE COMPANY AND THE MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING CAR INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. WHEN THE COMPANY’S SERVICES ARE USED BY YOU TO REQUEST AND SCHEDULE VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR THE MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR SUCH JOB OR SERVICES.

TO THE EXTENT THAT THE PLATFORM CONNECTS YOU TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING SERVICES, THE COMPANY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDER. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND THIRD PARTY PROVIDER IN YOUR USE OF THE PLATFORM. BECAUSE THE COMPANY IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN YOU AND THIRD PARTY PROVIDERS OR IN THE COMPLETION OF ANY JOB, IN THE EVENT THAT YOU HAVE A DISPUTE WITH A THIRD PARTY PROVIDER, YOU RELEASE THE COMPANY AND THE MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT 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 DISPUTE. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THIRD PARTY PROVIDERS WHO ULTIMATELY PROVIDE SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE PLATFORM, AND THIRD PARTY PROVIDERS, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM.

IF YOU ARE A THIRD PARTY PROVIDER, YOU AGREE THAT YOUR SOLE RECOURSE FOR PAYMENT FOR YOUR SERVICES, OR ANY OTHER DAMAGES YOU OR YOUR EMPLOYEES OR CONTRACTORS MAY SUFFER AS A RESULT OF PROVIDING SUCH SERVICES, IS AGAINST THE PERSON REQUESTING SUCH SERVICES, AND NOT AGAINST THE COMPANY, AND YOU HEREBY INDEMNIFY AND HOLD THE COMPANY HARMLESS AGAINST ANY SUCH CLAIMS FOR PAYMENT OR DAMAGES.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company and its Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Third Party Providers), and (v) your information and content that you submit or transmit through the Platform and our Site . The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without our prior written consent.

Dispute Resolution

Small claims proceedings will govern all amounts within such jurisdictional framework, and arbitration will govern all greater claims amounts. You agree to resolve small claims disputes in the small claims court located in Los Angeles, California without the need for arbitration. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services involving claims amounts exceeding the small claims court jurisdictional amount will be settled by binding arbitration administered by FairClaims (www.fairclaims.com) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims (e.g., one individual’s claims, one entity’s claims), and may not otherwise preside over any form of any class or representative proceeding. Each party shall be responsible for its

own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential. Notwithstanding anything to the contrary herein, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to the exclusive jurisdiction and venue of such courts.

Governing Law

This Agreement and the relationship between you and the Company will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.

Force Majeure

Any delay in the availability of Services or the performance of any Job will not be considered a breach of this Agreement if such delay is caused by a fire, earthquake, flood, war, terrorist acts, governmental act, pandemic, epidemic, failure of common carriers (including Internet service providers), acts of God, or any other event beyond the control of the Company or any Third Party Provider.

These Terms may be updated from time to time without prior notice.