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Terms & Conditions

Terms & Conditions

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Terms & Conditions

Last Updated: March 5, 2020

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement (“Terms”), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Wash.GT Platform made available by miMOTIVE, Lda. (“Mimotive,” “Wash.GT,” “Wash.GT Pro,” “we,” “our,” or “us”) or through Mimotive and the entirety of your relationship with Mimotive. AS DETAILED IN THE ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE WASH.GT PLATFORM SECTION BELOW, IF YOU ARE A SERVICE MEMBER, YOU UNDERSTAND AND AUTHORIZE MIMOTIVE TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM ITS VENDORS THROUGHOUT THE USE OF THE SERVICE.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE WASH.GT PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WASH.GT PLATFORM.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Wash.GT Platform in any manner, and each of your heirs, assigns, and successors. If you use the Wash.GT Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS

Mimotive reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Mimotive will notify you of changes by posting on the Wash.GT Terms of Use website, sending you a message, and/or otherwise notifying you when you are logged into your account. Modifications will become effective thirty (30) days after the earliest of: (a) modifications being posted on the Wash.GT Platform; (b) Mimotive’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Wash.GT Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Wash.GT Platform.

ADDITIONAL TERMS AND POLICIES

Please review Mimotive’s Privacy Policy, incorporated herein by reference, for information and notices concerning Mimotive’s collection and use of your information. The provision and delivery of text messages by Mimotive or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. The Mimotive Guarantee is governed by the Mimotive Guarantee Terms and Conditions, which are expressly incorporated herein. Please review the full set of key Mimotive policies that govern your use of the Wash.GT Platform and our interactions with you and third parties. Certain areas of and/or products on the Wash.GT Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

“Collective Content” means User Content and Wash.GT Content together.

“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Wash.GT Platform.

“Customer Member” means a Member who is registered to receive quotes for Pro Services, requests quotes for Pro Services, or otherwise uses the Wash.GT Platform to receive, pay for, review, or facilitate the receipt of Pro Services.

“Member” means a person or entity who completes Wash.GT’s account registration process or a person or entity who submits or receives a request through Wash.GT, including but not limited to Service Members and Customer Members.

“Wash.GT Platform” means all Mimotive and Wash.GT websites, mobile or other applications, software, processes and any other services provided by or through Mimotive and Wash.GT.

“Pro Services” means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Wash.GT Platform.

“Service Member” means a Member who is registered to send quotes for Pro Services, sends quotes for Pro Services, or otherwise uses the Wash.GT Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services.

“Mimotive Content” means all Content Mimotive makes available on or through the Wash.GT Platform, including any Content licensed from a third party, but excluding User Content.

“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Wash.GT Platform by any Member or other user of the Wash.GT Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Wash.GT Platform, but excluding Mimotive Content and Feedback.

ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE WASH.GT PLATFORM

Access to and use of the Wash.GT Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Wash.GT Platform, you represent and warrant that you are eligible.

By registering or using the Wash.GT Platform to offer, post, or provide Pro Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing.

Mimotive is not in the business of providing Pro Services. Service Members understand and agree that by creating and maintaining an account on the Wash.GT Platform, they receive only the ability to use the Mimotive Wash.GT Platform to access persons interested in receiving Pro Services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Pro Services. Service Members understand and agree that using the Wash.GT Platform does not guarantee that anyone will engage them for Pro Services.

Service Members understand and agree that they are customers of Mimotive, and are not Mimotive employees, joint venturers, partners, or agents. Service Members acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. Mimotive does not control, and has no right to control, the services a Service Member provides (including how the Service Member provides such services) if the Service Member is engaged by a Customer Member or any other person, except as specifically noted herein.

Mimotive, as permitted by applicable laws, obtains reports regarding Service Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Member’s account based on the results of such a check. As a Service Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Mimotive’s vendors.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Wash.GT Platform without registering for an account. To access and participate in certain features of the Wash.GT Platform, you will need to create a password-protected account (“Account”). You may register for an Account using certain third-party account and log-in credentials (your “Third-Party Site Password”), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Wash.GT Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Mimotive password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Mimotive immediately of any unauthorized use. Mimotive is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Mimotive or others due to such unauthorized use. Your account is nontransferable except with Mimotive’s written permission and in line with Mimotive policies and procedures.

YOUR LICENSE TO USE THE WASH.GT PLATFORM

Subject to your compliance with these Terms, Mimotive grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Wash.GT Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Wash.GT Platform or Collective Content, except as expressly permitted in these Terms. The Wash.GT Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mimotive or its licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Wash.GT Platform, you hereby grant to Mimotive a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Wash.GT Platform or Pro Services, or for any other purpose in our sole discretion, except that the contents of private messaging through the Wash.GT Platform will not be used by Mimotive in public advertising. In the interest of clarity, the license granted to Mimotive shall survive termination of the Wash.GT Platform or your Account. Mimotive does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Wash.GT Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Wash.GT Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Wash.GT Platform or you have all rights, licenses, consents and releases that are necessary to grant to Mimotive the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Mimotive’s use of your User Content (or any portion thereof) on, through or by means of the Wash.GT Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that Mimotive may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

Mimotive reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Wash.GT Platform or users, or for any other reason.

PROHIBITIONS

As a user of the Wash.GT Platform, you may not:

  • Use another person’s Account, misrepresent yourself or Pro Services offered through the Wash.GT Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Wash.GT Platform;

  • Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Wash.GT Platform for any purpose without Mimotive’s prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Wash.GT Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Mimotive reserves the right to revoke these exceptions either generally or in specific cases);

  • In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Wash.GT Platform information or Content including but not limited to, for use on a mirrored, competitive, or third-party site;

  • Transmit more request messages through the Wash.GT Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;

  • Take any action that (a) may unreasonably encumber the Wash.GT Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Wash.GT Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Wash.GT Platform; (d) circumvents, disables or otherwise interferes with security features of the Wash.GT Platform; (e) distributes viruses or any other technologies that may harm Mimotive or users; (f) uses the Wash.GT Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;

  • As a Service Member, use the Wash.GT Platform in any manner that circumvents your obligation to pay Mimotive for access to services provided by the Wash.GT Platform;

  • Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the Wash.GT Platform, or use the communication systems provided by the Wash.GT Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;

  • Recruit, solicit, or contact in any form Service Members or Customer Members for employment or any other use not specifically intended by the Wash.GT Platform;

  • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Wash.GT Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;

  • Violate any key Mimotive policies that govern your use of the Wash.GT Platform and our interactions with you and third parties;

  • Advertise or solicit a Pro Service not related to or appropriate for the Wash.GT Platform including, but not limited to any Pro Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Mimotive; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Pro Service not reasonably available to a Customer Member or other individual in that Customer Member or individual’s location;

  • Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Mimotive mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Mimotive, (b) offers to purchase a Pro Service or any other service outside of Mimotive, or (c) using a profile page or user name to promote services not offered on or through the Wash.GT Platform;

  • Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;

  • Fail to perform Pro Services purchased from you as promised, unless the Customer Member or other individual fails to materially meet the terms of the mutually agreed-upon agreement for the Pro Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Members or other individual’s identity;

  • Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Mimotive;

  • Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service;

  • Agree to purchase a Pro Service when you do not meet a Service Member’s requirements;

  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Wash.GT Platform; and

  • Attempt to indirectly undertake any of the foregoing.

MIMOTIVE BUDGET, FEES, AND TAXES

In connection with use of Mimotive’s Wash.GT Platform, Mimotive charges certain fees (“Mimotive Fees” or “Fees”).

Service Members can pay Fees to Mimotive in order to receive certain services on the Wash.GT Platform, including but not limited to being matched with and receiving contacts from Customer Members or other individuals. As a Service Member, Mimotive will automatically charge your stored payment method when those Customer Members or other individuals contact you. Fees for additional products or services, including ongoing products or services, will be presented to you before you use such products or services. In order to use Mimotive, you must have at least one valid payment method stored on file. As described more fully below, you may also be required to set a monthly spending limit or Budget (as defined below) for at least one service category (which may also apply to contacts in jobs related to your preferences). Except as otherwise described herein, all sales on Mimotive are final and non-refundable.

Budget for Service Members. As a Service Member, Mimotive may require you to set a monthly spending limit (“Budget”) for how much you are willing to spend to be contacted by customers over a specific period (“Budget Period”) per category of services. If a Budget is required, you agree that Mimotive can charge your payment method up to the dollar amount set in your Budget during a given Budget Period. You further agree Mimotive is authorized to charge your payment method in excess of your budget for the sole purpose of collecting any applicable taxes. You will not be charged the Budget amount upfront or automatically. Rather, you will be charged Fees when Customer Members or other individuals contact you (as further described below). Unless explicitly specified, Mimotive will not charge your payment method for contacts by a Customer Member or other individual in excess of your Budget during a given Budget Period unless you adjust your Budget upward before the charges are incurred. While Mimotive may provide an estimate for the number of customers who may contact you if you set a particular Budget for a particular Budget Period, you acknowledge and agree that any such estimate is not a guarantee, that Mimotive does not and cannot control any Customer Member or other individual’s interest in contacting or hiring you, and that actual results will vary.

We will identify the length of the Budget Period when you set your Budget. The length of the Budget Period will not change within a given Budget Period but may be changed for subsequent Budget Periods. If a Budget Period length changes, you can adjust your Budget. If you do not do so, Mimotive will automatically pro-rate your then-current Budget to the length of the new period. For example, if you indicate you are willing to spend €100 for a one-month Budget Period, the Budget Period shifts to two months, and you do not make changes manually, your Budget will automatically be adjusted to €200 for the two-month Budget Period.

Similarly, if Mimotive merges two or more categories of services for which you have set a Budget, your Budget for the newly combined category will be the sum of the Budgets for the two or more categories prior to the merger. You will be able to adjust how much you are willing to spend in the newly combined category for future Budget Periods.

You can change your Budget for a Budget Period at any time, including in the middle of a Budget Period. If you adjust your Budget upward, the new Budget will take effect immediately. If you adjust your Budget downward, the new Budget will only take effect at the beginning of the next Budget Period. If you do not change your Budget in advance of a subsequent Budget Period, your Budget from the then-current Budget Period will automatically be used for that subsequent Budget Period, subject to the forgoing.

Timing of Charges for Service Members on Mimotive. As a Service Member using Mimotive, there are different points at which your payment method may be charged:

If You Lack Sufficient Purchasing History on Mimotive

If you are new to Mimotive or do not have a sufficient purchasing history on the Wash.GT Platform as determined in Mimotive’s sole and absolute discretion, your payment method may be charged each time you are contacted by a Customer Member or other individual and you do not have an adequate Mimotive balance to cover the cost of that contact.

If You Have a Sufficient Purchasing History On Mimotive

Once Mimotive determines, in its sole and absolute discretion, that you have sufficient purchasing history on Mimotive, Mimotive may charge your payment method periodically for the total Fees accrued when Customer Members or other individuals contact you. Specifically, Mimotive may charge your payment method each time (a) a specific time period has passed; and/or (b) within that time period, each time the total Fees accrued hit a certain dollar threshold. The frequency of charges may not match the Budget Period described above.

Mimotive may adjust both the specific time period and the euro threshold that trigger charges in its sole and absolute discretion. Mimotive may also, in its sole and absolute discretion, revert to charging your payment method each time you are contacted by a Customer Member or other individual and you do not have an adequate Mimotive balance to cover the cost of that contact.

Default Payment Method. For ordinary charges of Service Members, Mimotive will first attempt to charge the default payment method. In the event that Mimotive is unable to charge that payment method for any reason–including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect–you agree that Mimotive may charge any other payment method associated with your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Pro Services. If Mimotive is unable to charge the default payment method, Mimotive will attempt to charge any other payment methods associated with your Account in the order in which they were most recently provided, used, or updated on the Wash.GT Platform, charging the most recently provided, used, or updated valid payment method first.

Penalty Fees for All Members. Mimotive may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the help center.

You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Mimotive cannot charge a payment method for any reason, Mimotive reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.

You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. Such communication may be made by Mimotive or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Mimotive may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.

Taxes. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, or use of the Pro Services, and you shall be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Pro Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Mimotive can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Mimotive when Mimotive includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members.

TRACKING COMMUNICATIONS

In order to ensure appropriate charging of Fees and to enforce these Terms, Mimotive may track the occurrence of communications between Customer Members and Service Members that occur off of the Wash.GT Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Customer Member or Service Member. In order to track the occurrence of such communications, Mimotive may obscure Service Member contact information in a Service Member profile, replace Service Member contact information in a Service Member profile with a different piece of contact information that will forward to the Service Member, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Mimotive Wash.GT Platform unless we first obtain your permission.

If you send text messages with a Customer Member or Service Member using the telephone number for that Member available on the Wash.GT Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Mimotive and its service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.

MARKETPLACE PAYMENTS

The Mimotive Wash.GT Platform may facilitate payments between Customer Members and Service Members (“Marketplace Payments”) through our payment processing partner Stripe, but Mimotive is not a party to any such Marketplace Payments and does not handle funds on behalf of its Members. Service Members who receive Marketplace Payments from Customer Members on Mimotive must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. As a Service Member, by agreeing to these terms or continuing to operate as a Service Member on Mimotive, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as those agreements may be modified by Stripe from time to time. As a condition of receiving payment processing services through Stripe, you agree to provide Mimotive with accurate and complete information about you and your business, and you authorize Mimotive to share this information and transaction information related to your use of the payment processing services provided by Stripe.

As a Customer Member making a Marketplace Payment through Stripe, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize Stripe to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to-date, accurate and complete. Do not share your payment card, bank account or other financial information with any other Member. We take steps to secure all payment method and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

Mimotive may enable you to make Marketplace Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.

If you choose your bank account as your Marketplace Payment method, you authorize Stripe to make Automated Clearing House (“ACH”) withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a Member, which may include ordering a credit report and performing other credit checks or verifying the information you provide us against third-party databases. You authorize Mimotive or its provider to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institutions that holds you bank account to deduct such payments. You also authorize the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your Account.

If your full order is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order You agree to pay any ACH fees or fines you or we incur associated with transactions you authorize. This return fee will vary based on which state you are located in. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys’ fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please contact your bank for more information about the policies and procedures that apply unauthorized transactions and the limits on your liability.

Marketplace Payment Disputes: All requests for Marketplace Payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) will be subject to review by Mimotive in accordance with the rules applicable to the payment method you used to make the Marketplace Payment and will be in Mimotive’s absolute discretion. Mimotive is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process your valid written Payment Dispute request within thirty (30) days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to Mimotive support at info@WashGT.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been cancelled.

If your actions result, or are likely to result in a Payment Dispute, a violation of these Terms of Use or create other risks to Mimotive or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.

If you fail to make Marketplace Payments you owe when due, or if Mimotive is unable to charge one of your payment methods for any reason, Mimotive reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Mimotive or by anyone on its behalf, including but not limited to a third-party collections agent.

MIMOTIVE PROMOTIONS

You may receive certain offers from Mimotive (“Promotions”), including but not limited to discounted or free use of the Wash.GT Platform for a limited period. Any Promotions are offered at Mimotive’s discretion, and may be revoked at any time and for any reason.

You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Mimotive offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Mimotive. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Members, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services.

To the extent you are eligible for multiple promotions that discount a Fee, we will apply those promotions sequentially. For instance, if you are eligible for both a 15% and 10% discount on a €10 Fee, you will pay €7.65.

Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Mimotive may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.

DISPUTES BETWEEN OR AMONG USERS

Mimotive values our Pros and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Wash.GT Platform cannot be resolved independently, you agree, at Mimotive’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Mimotive or a neutral third-party mediator or arbitrator selected by Mimotive. Notwithstanding the foregoing, you acknowledge and agree that Mimotive is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.

INTELLECTUAL PROPERTY RIGHTS

Mimotive Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Mimotive and its licensors exclusively own all right, title, and interest in and to the Wash.GT Platform and Mimotive Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Mimotive used herein are trademarks or registered trademarks of Mimotive. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

By sending us any feedback, comments, questions, or suggestions concerning Mimotive or our services, including the Wash.GT Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Mimotive and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Wash.GT Platform.

COPYRIGHT POLICY

We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.

NO ENDORSEMENT

Mimotive does not endorse any Member, user, or any Pro Services, and Mimotive is not a party to any agreements between or among users, Members, or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or Member’s use of any part of the Wash.GT Platform, including but not limited to any scheduling or other services. Neither Mimotive nor any Members or users of the Wash.GT Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Mimotive may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Mimotive services they are using or any involvement by Mimotive personnel in providing or scheduling those services.

Any reference on the Wash.GT Platform to a user being licensed or credentialed in some manner, or “badged,” “best of,” “top,” “background checked” (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Mimotive and is not verification of their identity and whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Wash.GT Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Mimotive offers a non-exhaustive list of safety tips to consider when hiring a Service Member. Except as specifically described in the Mimotive Guarantee and including its exclusions and limitations, Mimotive has no responsibility for any damage or harm resulting from for your interactions with other users.

The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Mimotive. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Wash.GT Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Mimotive with respect to such actions or omissions.

SANCTIONS FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights reserved herein, Mimotive may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Mimotive, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, notifying other Members of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Mimotive Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Wash.GT Platform or your User Content, or receive assistance from Mimotive support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Wash.GT Platform services or Pro Services cancelled or delayed as a result of Account termination. You may cancel your use of the Wash.GT Platform and/or terminate your Account at any time by following the “Settings” link in in your profile, clicking “Account,” and clicking “Deactivate Account.” Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Wash.GT Platform, including, but not limited to, any reviews.

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Mimotive agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Mimotive as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Mimotive’s support department at info@WashGT.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Mimotive support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Wash.GT Platform shall be finally settled by binding arbitration, as described below.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of Portugal, arbitration may take place in the country where you reside at the time of filing. For individuals residing outside Portugal, arbitration shall be initiated in the Lisbon, Portugal. You and Mimotive further agree to submit to the personal jurisdiction of any federal or state court in Lisbon, Portugal in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MIMOTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the European Union Intellectual Property Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Mimotive) written notice of your decision to opt out to opt-out@WashGT.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Wash.GT Platform; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Mimotive also will not be bound by them.

Changes to This Section: Mimotive will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Mimotive Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Mimotive Terms of Use website or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Wash.GT Platform.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Wash.GT Platform.

Third-Party Beneficiary: You and Mimotive acknowledge that any third party consumer reporting agency that Mimotive uses to perform background checks on Service Members is an express and intended third party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Mimotive will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the remainder of the section shall remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and Mimotive through binding arbitration remains enforceable.

GOVERNING LAW

The Terms and the relationship between you and Mimotive shall be governed in all respects by the laws of Portugal, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Mimotive that is not subject to arbitration must be resolved by a court located in Lisbon, Portugal, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Lisbon, Portugal, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS

YOUR USE OF THE WASH.GT PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT MIMOTIVE DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE WASH.GT PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MIMOTIVE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WASH.GT PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS WASH.GT PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE WASH.GT PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. MIMOTIVE MAKES NO WARRANTY THAT THE WASH.GT PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MIMOTIVE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WASH.GT PLATFORM. MIMOTIVE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE WASH.GT PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MIMOTIVE OR THROUGH THE WASH.GT PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE WASH.GT PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WASH.GT PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT MIMOTIVE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WASH.GT PLATFORM OR TO REVIEW OR VET ANY PRO SERVICES. MIMOTIVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WASH.GT PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WASH.GT PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WASH.GT PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WASH.GT PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. MIMOTIVE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WASH.GT PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE WASH.GT PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MIMOTIVE OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER MIMOTIVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WASH.GT PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MIMOTIVE 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) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE WASH.GT PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WASH.GT PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WASH.GT PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE WASH.GT PLATFORM.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF MIMOTIVE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, WASH.GT PLATFORM, PRO SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE WASH.GT PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO MIMOTIVE BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY TO EVERYONE.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Mimotive and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Pro Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Pro Services.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Mimotive and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

GENERAL

Force Majeure: Other than payment obligations, neither Mimotive nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Contacting You and E-SIGN Consent: You agree that Mimotive may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Wash.GT Platform. With your consent, Mimotive, Customer Members, Service Members, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Mimotive, Customer Members, Service Members, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to info@WashGT.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to info@WashGT.com with contact information and the address for delivery.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Mimotive on the Wash.GT Platform, shall constitute the entire agreement between you and Mimotive concerning the Wash.GT Platform or Pro Services obtained through the Wash.GT Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mimotive’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Wash.GT Platform or the Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about these Terms or the Wash.GT Platform, please contact us by sending an email to info@WashGT.