Terms and Conditions

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WESTPORT ROADSIDE ASSISTANCE

TERMS OF SERVICE

BEFORE YOU CLICK ON THE “I AGREE” BUTTON BELOW, CAREFULLY READ THESE TERMS OF SERVICE. BY CLICKING ON THE “I AGREE” BUTTON. WHEN YOU CLICK “I AGREE” YOU ARE REPRESENTING THAT YOU ARE OF LEGAL AGE TO FORM A LEGALLY BINDING CONTRACT BETWEEN MR QUICK PICK WESTCHESTER COUNTY LLC “MR QUICK PICK WESTCHESTER LLC”, “”, “we”, “us” or “our”) AND YOU IN THE JURISDICTION WHERE YOU PERMANENTLY RESIDE; YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; AND YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, CLICK THE “I DISAGREE” BUTTON AND THE PROCESS WILL BE CANCELED AND THE SERVICE (AS DEFINED BELOW) WILL NOT BE AVAILABLE FOR YOUR USE.

These Terms of Service (“Terms”) govern your use of the services, including westportroadsideassistance.com’s website, MQPWC’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by MQPWC, (collectively, the “Services”), and are entered into by you and MQPWC, a Connecticut Limited Liability Company.

BE ADVISED THAT THIS AGREEMENT CONTAINS ARBITRATION PROVISIONS THAT REQUIRE YOU TO RESOLVE ANY DISPUTES WITH MQPWC, THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ANY CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER OF ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISIONS) AND AGREE TO ACCEPT ALL OF THESE TERMS. YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

SERVICES: The Services comprise of ROADSIDE ASSISTANCE SERVICES that include VIDEO CALL to help operators of vehicles, engines or mechanic engines, appliances, electronic devices or others that need or could need any mechanical help  with  mechanic advise over any vehicle issues or  to arrange and schedule video call to be assisted (“Users”) by MQPWC or by independent contractors (“Third-Party  Providers”) who MQPWC has contracted with. The Third-Party  Providers are not employed by MQPWC and are separate organizations. You specifically acknowledge that MQPWC is not provider of REPAIR SERVICES and does not own or operate repair service and does not have control over the Third-Party  Providers owners, managers, mechanics and/or operators. MQPWC only provides ROADSIDE ASSISTANCE SERVICES and  VIDEO CALLS to connect our mechanics or Third-Party  Providers with Users and facilitates payment of fares for those Third-Party  Providers. 

Any access to or use of the Services shall be confirmation that you agree to all of the Terms stated herein. If you do not agree to these Terms of Service, you may not access or utilize the services of MQPWC. This Agreement shall supersede any prior agreements or arrangements that you may have with MQPWC. MQPWC retains the right to terminate these Terms or any Services, or any access to or use of its Platform by you for any reason or for no reason at all.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and MQPWC, MQPWC does not form any employment or agency relationship with you.

AMENDMENTS TO THESE TERMS OF SERVICE:  MQPWC reserves the right, from time to time, with or without notice, to change these Terms of Service in its sole and absolute discretion. All changes to these Terms of Service will be effective and binding upon you once they are displayed or posted in accordance with this paragraph. You acknowledge and agree that it is your responsibility to ensure that you are aware of the most current Terms of Service. If any substantial changes are made to these Terms of Service, MQPWC will notify you by displaying the new Terms of Service within the Application. The most current version of these Terms of Service will supersede all previous versions of the terms of service. If you do not agree to any change to these Terms of Service, you must immediately cease using the Service and delete the Application from your device(s).

USE OF SERVICES: MQPWC grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and MQPWC’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. You may only access the Services through the interfaces that MQPWC provides for that purpose and you may not interfere or attempt to disrupt the Services.

ACCESS: In order to use the Services, you need to create a user account OR BE ASSISTED BY one of our employees who will create an account for you. Only one user account is permitted per person. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing Roadside Assistance services or using the  video call Service and you will respect those who you encounter in your use of the Services, including Third-Party Providers. MQPWC reserves the right to decline services, terminate accounts, and/or cancel orders at any time in its sole discretion.

AS IS SERVICES: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MQPWC DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MQPWC MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE ROADSIDE ASSISTANCE SERVICE AND VIDEO CALL SERVICES, ANY SERVICES PROVIDED BY THIRD-PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MQPWC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY  PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD-PARTY  PROVIDERS, REMAINS SOLELY WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER MQPWC NOR ITS AFFILIATES, OR LICENSORS, IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD-PARTY  PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD-PARTY  PROVIDER. NEITHER MQPWC NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOU OR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY  PROVIDER.

RELEASE OF CLAIMS: If you have a dispute with one or more Third-Party  Providers, you agree to release MQPWC (including MQPWC’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes. Any disputes or complaints regarding any VIDEO CALL  services OR ANY ROADSIDE ASSISTANCE SERVICE must be directed to the Third-Party Provider providing such services. MQPWC will not be a party to any complaints, negotiations, litigation or other disputes between you and such Third-Party Provider regarding any VIDEO CALL  Dispute. You agree to release MQPWC Indemnitees from and against any and all Losses arising out of a VIDEO CALL Dispute. Further, you agree that you will not involve any MQPWC Indemnitee in any litigation or other dispute arising out of or related to any services, arrangement or other agreement with a Third-Party Provider in connection with the Services, including, without limitation, any VIDEO CALL Dispute. If, in breach of this provision, you attempt to do so, you will be liable for all Losses incurred by the MQPWC Indemnitees in connection therewith.

You agree that MQPWC does not assume responsibility for any services, websites, advertisements, offers, or information that is made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that MQPWC will have no liability based on such purchase, use, or access.

LIMITATION OF LIABILITY: THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL MQPWC (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF MQPWC OR MQPWC’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MQPWC (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD-PARTY  PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF MQPWC OR MQPWC’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MQPWC, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD-PARTY  PROVIDERS.

INDEMNIFICATION: You agree to defend, indemnify and hold harmless MQPWC and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

ARBITRATION: If you have a dispute with MQPWC arising out of your use of the Services, this Section applies. You agree to contact MQPWC first and attempt to work out any such dispute amicably.

Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and MQPWC agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration.

You acknowledge and agree that you and MQPWC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and MQPWC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and MQPWC each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Any such disputes, controversies or differences that are not settled by mutual agreement shall be finally and exclusively settled by confidential arbitration held in Connecticut and administered through the American Arbitration Association (“AAA”) pursuant to AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. Information regarding the AAA can be found at www.adr.org or by calling 1-800-778-7879.

SERVICE FEES: As a User, you acknowledge and agree that each request for use of MQPWC’s Services includes service fees and other applicable charges including surcharges, taxes and tips to the Third-Party Providers that you elect to pay. MQPWC hereby reserves the right and authority to quote a specific price at the time a request by you is made. Pricing may vary depending upon the time day, duration of the VIDEO CALL and specific service you request. It is your responsibility to review the price quoted and you shall be responsible for all charges incurred regardless of your awareness of those charges. Each booking shall be considered a final acceptance of the services MQPWC provides and MQPWC shall be authorized to charge your account for the amount you had agreed. All charges are non-refundable.

All payments and charges by MQPWC shall be charged using the payment method designated with your account. Should that payment method be expired, invalid or otherwise not able to be charged, you agree that MQPWC may charge a secondary payment method.

CANCELLATION: You may request a cancellation of service already booked, however a cancellation fee of $45 will apply. Furthermore, should you fail to show up for a requested service you will be charged $45 if your MECHANIC OR TECHNICIAN   arrived to HELP you and waited for at least 5 minutes. 

DAMAGES, REPAIR FEES: You are responsible for any DELAY FEES, beyond reasonable wear and tear, or any call down or bad reception to a Third-Party Provider’s resulting from the use of MQPWC’s Services under your account. In the event a VIDEO CALL request is made by the Third-Party Provider and verified by MQPWC at its discretion, MQPWC reserves the right to facilitate payment for the reasonable cost of  DELAY FEE  or other using your account. 

CHOICE OF LAW: These terms are governed and construed in accordance with the laws of the State of Connecticut without giving effect to any conflict of law principles.

SEVERABILITY: If any provision or provisions of these Terms of Service shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of these Terms of Service.