TheCarForce Terms & Conditions
Welcome to TheCarForce. The thecarforce.com website and mobile application (the “Site”) and other services offered by TheCarForce (the “Platform”) are owned and operated by TheCarForce, Inc. (“TheCarForce,” “we” or “us”). The Platform provides a means to arrange vehicle transportation services, including but not limited to valet pick up of vehicle to and from service center and other on-demand services such as car wash and detail, fueling, airport transportation, and on-site vehicle inspections (“Concierge Services”). TheCarForce and its authorized agents who perform the Services (“Agents”) also have access to the Services.
To make these Terms easier to read, the Site, the Concierge Services and the Platform may collectively be referred to as the “Services.”
Agreement to Terms
Whether you are a visitor or a registered member of TheCarForce (“Member”) (visitor and Member, collectively, “you”), by using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services. These terms of service (these “Terms”) constitute a legal agreement between you and TheCarForce. By using the Services, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms, as provided herein.
Changes to Terms & Conditions
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through the Platform or other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
Members may use the Services only if they are 18 years or older and capable of forming a binding contract with TheCarForce and are not barred from using the Services by TheCarForce or under applicable law.
Registration and Your Information.
If you want to access and use the Services as a Member, you’ll have to create an account (“Account”). You can do this via the Services or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. During the sign-up process, we’ll also request identifying information about your vehicle(s), such as the make, model, model year and VIN. You must provide us with accurate, complete and up-to-date information for your Account. If you do not maintain current information with us, we may have to suspend or terminate your Account. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You agree to immediately notify TheCarForce of any unauthorized use of your password or any breach of security. You also agree that TheCarForce cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than TheCarForce without TheCarForce’s express written permission. Services are not available to temporarily or permanently banned users. TheCarForce reserves the right, in TheCarForce’s sole discretion, to cancel unconfirmed or inactive accounts. TheCarForce reserves the right to refuse service to anyone, for any reason, at any time.
General Overview and Third Party Delegation
Our Platform allows Members to schedule Concierge Services and communicate with and rate our Concierge Services providers (“Agents”). Services allow you to have your vehicle picked up (“Pick Up”) by an Agent from a designated location and transported to another location of your choice (“Drop Off”). Please note that the facility in which your vehicle will be serviced, repaired or stored (“Service Facility”) will be owned and operated by a third party, and by designating a Drop Off at a Service Facility, you authorize us to store your vehicle in the Service Facility, subject to the policies of such Service Facility then in effect.
You may schedule Concierge Services by providing the necessary descriptive information including (i) the Pick Up and Drop Off locations, (ii) the desired Pick Up or Drop Off time, and (iii) the nature of the service to be performed by the Agent or representatives of the Service Facility (collectively, the “Service Description”). You will also be presented with an estimation of the applicable Service Fees before you confirm your reservation. Upon submitting a Service Description and requesting Concierge Services to be scheduled, an Agent will be contacted to provide your requested Services. You will have the ability to cancel such Services for a reasonable period of time before commencement of Concierge Services; this cancellation period will be communicated to you prior to confirming your Service (the “Cancellation Period”).
We will endeavor to arrange for an Agent to meet you at the location and time you designated in the Service Description. Neither TheCarForce, our Agents nor the Service Facility will be liable to you for any delays or failure to arrive at a designated location at the requested time. Our Agents are directed to wait up to five minutes before contacting TheCarForce for another assignment. Additional fees may be charged in the event that you (a) are more than five minutes late, (b) fail to deliver your vehicle at the designated location, or (c) do not comply with the Cancellation Period.
Procedure for Pick Up and Drop Off
At Pick Up and Drop Off, your Agent will validate your identity, the vehicle and the requested Concierge Services (as further described in the Services). Upon validation, your Agent will transport your vehicle to the designated location. TheCarForce agents are directed to not take or relinquish custody of a vehicle when it is in the flow of traffic or “double parked.” You must also obey all traffic laws. Specifically, you should not park your vehicle in any illegal spot for a Pick Up. You are responsible for transferring the custody of your vehicle to TheCarForce while it is safely out of traffic. Agents are not authorized to change these terms. TheCarForce and our Agents do not have any liability for your failure to comply with these rules.
TheCarForce Current Hours of Operation
Our current hours of operations are 7 a.m. through 7:00 p.m. Mondays through Saturdays. Concierge Services outside of normal hours of operation may incur additional fees, as disclosed prior to scheduling. Certain holidays are excluded and hours of operation are subject to change. Any changes in hours of operation will be posted on the Site in advance.
Members agree to pay, and authorize TheCarForce’s third party payment processor to charge via the credit card or other payment method on file in your Account (your “Payment Method”) all applicable fees and taxes that may accrue in relation to your use of the Services. Members will be charged a single fee for a Concierge Services transaction containing both a Pick Up and a Drop Off (“Service Fee”). Service Fees may vary, for example based on your geographic location, traffic, or if outside of normal hours of operation. When scheduling Concierge Services, you will be quoted an estimate of the applicable Service Fee before you confirm your reservation. You are responsible for providing us with complete and accurate contact and Payment Method information. We may suspend or terminate your access to the Services if Service Fees are not paid when due. All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Services, are stated in U.S. dollars and do not include any applicable taxes. TheCarForce has no obligation to provide refunds or credits relating to any Services, but may do so in TheCarForce’s sole discretion.
Federal law limits your liability for unauthorized charges to your Account. The Fair Credit Billing Act (“FCBA”) states that your credit card provider cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your Account. We will pay up to $50 of your liability if your credit card is used fraudulently on the Platform.
We will assume the aforementioned $50 liability only if the unauthorized use of your payment method resulted through no fault of your own from purchases made on the Platform while using our secure server. In the event of unauthorized use of your payment method, you must notify your credit card provider in accordance with the FCBA reporting rules and procedures.
You acknowledge that TheCarForce and its agents, affiliates, assigns, partners, subsidiaries, and related entities collectively undertaking to provide the Services (“TheCarForce Parties,” are granted permission to operate your vehicle as provided hereunder. You warrant that the vehicle is covered by automobile liability insurance in accordance with state law and that your insurance shall cover any permissive users on a primary basis. To the extent permissible by law, you agree to and hereby do waive all rights of subrogation in favor of TheCarForce Parties for any claim paid or payable under your insurance policies applicable to your vehicle.
TheCarForce will provide limited liability insurance covering Members and Agents during the performance of Concierge Services. TheCarForce provides excess automobile liability insurance up to $1,000,000 per occurrence. The policy offers liability protection while Concierge Services are being provided. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions apply. If you need to make a claim for reimbursement for any damage to your vehicle that you believe occurred during the performance of Concierge Services (“Vehicle Damage”) you must submit a claim for those damages to TheCarForce within 5 days of the date on which the Concierge Services were performed. If you fail to submit your claim within the 5-day period, you waive any right to reimbursement from TheCarForce for Vehicle Damage. You agree to provide TheCarForce all information and documentation that TheCarForce may require in order to verify a claim for reimbursement for Vehicle Damage. THECARFORCE WILL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY VEHICLE DAMAGE. THECARFORCE’S LIABILITY TO REIMBURSE YOU FOR VEHICLE DAMAGE SHALL BE LIMITED TO THE ACTUAL COSTS OF REPAIR BY A MECHANIC OR AUTOMOBILE REPAIR COMPANY SELECTED BY THECARFORCE.
We consider any unsolicited suggestions, ideas, proposals or other material submitted to us by users via the Services or Platform (“Feedback”) to be non-confidential and non-proprietary, and we will not be liable for the disclosure or use of any Feedback. If, at our request, any user sends Feedback to improve the Services or Platform, we will also consider that Feedback to be non-confidential and non-proprietary and we will not be liable for use or disclosure of the Feedback. Any communication by you to us is subject to this Agreement. You hereby grant and agree to grant to TheCarForce, under all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit Feedback for any purpose, commercial or otherwise, without compensation or accounting to you and without further recourse by you.
Rights and Terms for Services
For purposes of these Terms: (a) “User Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that you post, generate, provide or otherwise make available through the Services.
Ownership, Responsibility and Removal
TheCarForce does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, TheCarForce and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Rights in User Content Granted by You
By making any User Content available through the Services, you hereby grant to TheCarForce a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, fully paid-up license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with the Services.
You are solely responsible for all your User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the foregoing license rights in your User Content. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by TheCarForce, Agents or Members on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Services Granted by TheCarForce
TheCarForce hereby grants you a nonexclusive, non-transferable, right to use the Services, solely for your own personal, non-commercial purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to you are reserved by TheCarForce and its licensors. You will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) create Internet “links” to the Services; (iv) reverse engineer the Services; (v) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Services.
You are solely responsible for your conduct and activities on and regarding to the Services and any and all information that you submit, post, upload, and display on the Services.
Your use of the Services will not:
- be false, inaccurate or misleading;
- infringe upon any third-party’s intellectual property rights or rights of publicity or privacy (see our DMCA Copyright Policy);
- violate these Terms, any website policy or community guidelines, or any applicable law, statute, ordinance or regulation;
- be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including TheCarForce staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- take any action that may undermine online reviews or feedback;
- be obscene or contain child pornography; and
- contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR USER CONTENT.
TheCarForce, or its vendor, conducts background checks including criminal and motor vehicle background checks along with a review of other relevant background information on the Agents. Agents must successfully complete TheCarForce’s, or its vendor’s screening process to be eligible to provide Concierge Services. TheCarForce endeavors to ensure positive interactions between Members and Agents, and works hard to ensure an optimal, comfortable and safe experience; however, Agents are human beings, and no one is perfect. THECARFORCE MAKES NO WARRANTY IN CONNECTION WITH AN AGENT’S PROVISION OF SERVICES, ANY ACTS, ACTION, BEHAVIOR, CONDUCT, OR NEGLIGENCE ON THE PART OF THE AGENT. FURTHERMORE, THECARFORCE MAKES NO WARRANTY REGARDING ANY SERVICE FACILITY IN WHICH MEMBER’S VEHICLE WILL BE STORED BETWEEN PICK UP AND DROP OFF.
Assumption of Risk and Indemnity
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE CONCIERGE SERVICES, INCLUDING THE AGENTS. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THECARFORCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES.
Limitation of Liability
NEITHER THECARFORCE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THECARFORCE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE SET FORTH HEREIN, THECARFORCE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY THAT ARISES OUT OF OR RELATES TO AN AGENT’S PROVISION OF CONCIERGE SERVICES OR ANY DISPUTE, CONTROVERSY OR CLAIM THAT ARISES OUT OF OR RELATES TO AN AGENT’S ACTIONS OR INACTIONS, OTHER USERS’ ACTIONS OR INACTIONS, OR PROVISION OF SERVICES.
NOTWITHSTANDING THECARFORCE’S INSURANCE POLICY AS DESCRIBED HEREIN, IN NO EVENT WILL THECARFORCE’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED $1000.00. THE ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THECARFORCE AND YOU.
Between You and a Service Facility or Agent
TheCarForce is not responsible for your interactions with Members, Service Facilities or Agents. Any dispute between you and a Member, Service Facility or Agent must be resolved between yourselves. TheCarForce reserves the right, but has no obligation, to monitor or facilitate communication between the parties to those disputes.
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 (collectively, “Disputes”) will be settled by binding arbitration between you and TheCarForce, except that each party retains 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 or misappropriation of a party’s intellectual property rights. You acknowledge and agree that you and TheCarForce are each 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 TheCarForce otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and TheCarForce otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TheCarForce submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if TheCarForce changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject these changes by providing us written notice of your rejection by mail or hand delivery to: TheCarForce, Inc. [Address], or by email from the email address associated with your Account to: firstname.lastname@example.org, within 30 days of the date the change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and TheCarForce in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).You release TheCarForce (and TheCarForce’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
These Terms constitute the entire and exclusive understanding and agreement between TheCarForce and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TheCarForce and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without TheCarForce’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TheCarForce may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by TheCarForce under these Terms, including those regarding modifications to these Terms, will be given by TheCarForce: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. TheCarForce’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TheCarForce. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.