Vosh Inc. Website Terms of Service as of July 24, 2015
Vosh reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE VOSH SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
1. Use of Our Service
Cleaning Services. Vosh’s obligations: We will identify and you may order an independent car wash and detailing provider for you. You acknowledge and agree that Vosh itself will not provide car wash and detailing for your vehicle. The car wash and detailing is done by an independent party unrelated to Vosh except that he or she subscribes to Vosh to be identified through our service and to facilitate payment. Vosh uses reasonable efforts to ensure that the independent car wash and detailing provider is professional and experienced. You understand and agree, however, that Vosh does not guarantee that your cleaning will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards. You hereby acknowledge and agree that Vosh’s total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your vehicle, property or any other injury resulting from a cleaning performed by an independent car wash and detailing provider identified by Vosh), will be as is set forth in the Limitation of Liability section below.
Your obligations: If you choose to make a request for a car wash and detailing provider identified by Vosh, then you must: (1) verify the location of your vehicle while submitting a request; and (2) ensure that someone will be able to give the car wash and detailing provider access to your vehicle. You understand that it is your responsibility to remove from plain sight and/or secure any valuables in your vehicle. In no event will Vosh be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
You may never use another party’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Vosh immediately of any breach of security or unauthorized use of your account. Vosh will not be liable for any losses caused by any unauthorized use of your account.
By providing Vosh with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
Online and Mobile Service Rules. Acceptable use of the online and mobile Service: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Vosh servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Vosh grants the operators of public search engines revocable permission to use spiders to copy materials from www.vosh.ME for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Changes to the Service: We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2. License Grant & Restrictions.
Vosh hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Vosh and its licensors.
You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (v) 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 and/or performance of the Service or Software.
You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
3. Our Proprietary Rights.
Vosh alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by Vosh. Vosh’s name, our logo, and the product names associated with the Software and Service are trademarks of Vosh or third parties, and no right or license is granted to use them.
4. Paid Services
Vosh cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. Third-Party Links.
You agree to defend, indemnify and hold harmless Vosh and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any cleaning services received by you and performed by car wash and detailing provider identified by Vosh; (ii) any alleged or actual loss or damage to property (including your vehicle), resulting from the performance of the Services hereunder (including the cleaning services of the car wash and detailing provider), (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
9. No Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOSH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE SERVICES HEREUNDER, INCLUDING THE CLEANING SERVICES PERFORMED BY THE CAR WASH AND DETAILING PROVIDER IDENTIFIED BY VOSH, OR ANY LOSSES OR DAMAGES THAT MAY RESULT THEREFROM. THE SERVICE, INCLUDING THE CLEANING SERVICES PERFORMED BY THE CAR WASH AND DETAILING PROVIDER IDENTIFIED BY VOSH, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE QUALITY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VOSH, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOSH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING THE CLEANING SERVICES PERFORMED BY THE CAR WASH AND DETAILING PROVIDER IDENTIFIED BY VOSH. UNDER NO CIRCUMSTANCES WILL VOSH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOSH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OUR SERVICE, INCLUDING THE CLEANING SERVICES PERFORMED BY THE CAR WASH AND DETAILING PROVIDER IDENTIFIED BY VOSH; (III) THE ACTS OR OMISSIONS OF OUR EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES PERFORMING SERVICES ON OUR BEHALF; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY DELAY IN THE SERVICES, INCLUDING A DELAY CAUSED BY THE CAR WASH AND DETAILING PROVIDER IDENTIFIED BY VOSH; (VI) THE FAILURE OF THE CAR WASH AND DETAILING PROVIDER IDENTIFIED BY VOSH TO PERFORM THE CLEANING SERVICES; (VII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR ONLINE OR MOBILE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VOSH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNTS YOU PAID TO VOSH IN THE LAST 12 MONTHS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VOSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. Vosh makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
11. Internet Delays.
VOSH’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
12. Miscellaneous Terms and Dispute Resolution.
You agree that: (i) Vosh shall be deemed solely based in Nevada; and (ii) the Software shall be deemed a passive website that does not give rise to personal jurisdiction over Vosh, either specific or general, in jurisdictions other than Nevada. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it. The Agreement shall be governed by the laws of the State of Nevada without regard to its conflicts of law provisions.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND VOSH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Please contact us at firstname.lastname@example.org any questions regarding this Agreement.
This Agreement was last modified on July 24, 2015, which was the day it was first made effective.