TERMS AND CONDITIONS

The Terms and Conditions set forth below comprise the agreement (“Agreement“) between you and Work Done Auto LLC, Inc. (“Work Done Auto LLC“), a California corporation, governing your use of our mobile automotive maintenance and repair service (the “Service“) which is available through https://workdoneauto.com (the “Site“) or through use of our consumer app (the “App“).

The Service
Work Done Auto LLC provides you with easy access to highly qualified automotive mechanics with whom you can schedule an oil change or other service of your vehicle to be performed at your home, place of work, or other location you select. Any work performed by a mechanic through the Service is referred to as a “Job”. All mechanics performing a Job through the Service are outsourced by Work Done Auto LLC.

Registering with Work Done Auto LLC

You must register with Work Done Auto LLC to use the Service. When you schedule your first Job you will be asked to create a Work Done Auto LLC account. At that time you will be asked to provide your contact information, including your name, email address and phone number, and to select a password. You also will be asked to identify the vehicle that will be serviced when you schedule a specific Job. When you schedule a Job you will be asked to provide a debit or credit card you will use to pay for the Service. You will be able to request a history of all Jobs performed within your Work Done Auto LLC account.

Scheduling a Job

To request an appointment with a mechanic for a Job, submit a request by calling or sending an SMS text message (a “Job Request“). You will be asked to specify the following information: (i) the make, model, and year of your vehicle and its VIN (which would allow us to obtain the details of your vehicle), (ii) the location where you would like the Job performed, (iii) the date and time you would like the Job performed, and (iv) your contact details (name, email address). You will then receive an estimate. Upon your acceptance of the estimate, you will receive an invoice for the amount stated in the estimate. Once you pay the invoice, you will be able to book/schedule your job.

At the time you book a Job you will be required to provide a valid major credit or debit card and billing information as explained in more detail below. After your card is validated your Job will be confirmed and scheduled. All of the information you provide to Work Done Auto LLC is subject to our privacy policy.

Payment Terms

Work Done Auto LLC uses a third party payment processor, SquareUp, to validate credit and debit cards and process payments. Work Done Auto LLC does not directly receive or store your credit or debit card information. When you schedule a Job you will be asked to authorize a charge to your card for the amount of the quote you accepted on the invoice for the Job you want performed. Your debit or credit card will be charged for the amount specified, as well any applicable sales tax and processor surcharges, if any.

Prohibited Actions; Termination

AS A CONDITION FOR YOUR ACCESS TO THE SERVICE, YOU AGREE NOT TO MAKE ANY SEPARATE PAYMENT OR OTHER PAYMENT ARRANGEMENTS WITH THE MECHANIC WHO PERFORMS THE JOB. WORK DONE AUTO LLC RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY FAILURE BY YOU TO COMPLY WITH THE FOREGOING OR ANY OTHER TERMS OF THIS AGREEMENT.

Must be of 18 or older to Use the Service

The Service is not available to anyone under 18 years of age, and you represent that you are at least 18 years old when you contact us for a Job Request.

Job Request Submitted by an Entity

If you submit a Job Request for a business entity, you represent that you have the authority to bind that entity to this Agreement.

Intellectual Property

Subject to the terms and conditions of this Agreement, Work Done Auto LLC hereby grants to you a limited, non-exclusive, nontransferable right to access and use the Service, subject to the terms of this Agreement.

You acknowledge that all of the intellectual property rights in the Service are owned by Work Done Auto LLC or its licensors.  You shall not (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Service; or (ii) rent, lease, loan, or sell access to the Service.  We reserve the right to modify, enhance, or discontinue the Service at any time.

Limited Warranty

While some vehicle parts may come with individual warranties, no warranty will be provided for labor including maintenance and repair work. Please refer to individual part warranty information for further details.

Disclaimers

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY.  WORK DONE AUTO LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

UNDER NO CIRCUMSTANCES WILL WORK DONE AUTO LLC OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORK DONE AUTO LLC AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE WORK DONE AUTO LLC PLATFORM.

THE WORK DONE AUTO LLC PLATFORM EXISTS TO CONNECT USERS WITH A NETWORK OF LOCAL MECHANICS. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE WORK DONE AUTO LLC FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE WORK DONE AUTO LLC PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE WORK DONE AUTO LLC PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE WORK DONE AUTO LLC PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE WORK DONE AUTO LLC PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Limitations of Liability

YOU ACKNOWLEDGE THAT ALL REPAIR AND MAINTENANCE WORK IS PROVIDED BY INDEPENDENT MECHANICS, NOT BY WORK DONE AUTO LLC.  ACCORDINGLY, EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, WORK DONE AUTO LLC HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES OR PARTS PROVIDED TO YOU BY SUCH MECHANICS.

UNDER NO CIRCUMSTANCES WILL WORK DONE AUTO LLC’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND ANY JOB EXCEED THE AMOUNT INVOICED FOR SUCH JOB.  IN ADDITION, IN NO EVENT WILL WORK DONE AUTO LLC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT WORK DONE AUTO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  The foregoing limitations shall apply to the maximum extent permitted by law and shall survive indefinitely.

Assumption of Risk

You acknowledge and agree that there are risks associated with our business model which involves outsourcing to selecting mechanics interacting with mechanics in person. We do not investigate or verify any mechanic’s reputation, conduct, morality, criminal background, or any information users may submit to the services. You are solely responsible for taking all necessary precautions when interacting with mechanics, particularly when meeting a mechanic in person for the first time. Work Done Auto LLC encourages professional behavior among mechanics but cannot make any guarantees in this regard. You are solely responsible for, and assume all risks related to booking jobs through work done auto’s services (including all online and offline interactions with mechanics).

Governing Law. This Agreement and the relationship between you and Work Done Auto LLC will be governed by the laws of the State of Washington, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.

Dispute Resolution. Any claim or controversy between you and Work Done Auto LLC arising out of, or relating to, this Agreement shall be finally decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules.  Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Seattle, Washington.  During the course of any arbitration hereunder, each party will bear its own costs and attorneys’ fees, and share equally the arbitrator’s fees and expenses, except that the arbitrator shall award to the prevailing party all reasonable attorneys’ fees resulting directly or indirectly from such arbitration.  The award rendered by the arbitrator shall be final, and judgment may be entered upon it at any court having jurisdiction.  The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration.  Any arbitration hereunder will be confidential.

No Assignment. You may not assign your rights under this Agreement without our prior written consent, and any attempted assignment will be null and void.

Force Majeure. Any delay in the availability of the Service or the performance of any Job will not be considered a breach of this Agreement if such delay is caused by a fire, earthquake, flood, war, terrorist act, governmental act, failure of common carriers (including Internet service providers), act of God, or any other event beyond the control of Work Done Auto LLC or the mechanic, provided that performance is resumed as soon as possible.

Severability. If any provision of this Agreement is held or determined to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Entire Agreement; No Waiver. This Agreement constitutes the entire agreement between you and Work Done Auto LLC regarding the use of the Service. Our failure to exercise or enforce any right or provision of the Agreement will not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Use of Pictures. Work Done Auto LLC, Inc. may use all likeness of the vehicle booked for maintenance/repair and location of repair services in internal training and external marketing campaigns. Individual customer information such as residential address, customer name, facial likeness, license plate number/vehicle identification number will be protected and any external use must be expressly approved by the customer/representing party.

Notices. We may give notice to you by email or other reasonable means.  You must give notice to Work Done Auto LLC by first class USPS mail to: Work Done Auto LLC, Attn: Legal Department, 5350 Wilshire Blvd. #361456, Los Angeles, CA 90036.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Work Done Auto LLC and our subsidiaries and affiliates and our officers, directors, agents, partners and employees (individually and collectively, the ” Work Done Auto LLC Parties“) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the Work Done Auto LLC Parties of any third-party Claims, cooperate with the Work Done Auto LLC Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Work Done Auto LLC Parties will have control of the defense or settlement, at Work Done Auto LLC ‘s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Work Done Auto LLC or the other Work Done Auto LLC Parties.

Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any vehicle parts, supplies, or equipment therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, unless otherwise noted. Because all Work Done Auto LLC’s mechanics are licensed or experienced independent contractors, Work Done Auto LLC does not represent or warrant that our Services are accurate, complete, reliable, or error-free You assume the entire risk as to the quality and performance of the Services.

Limitation of Liability

To the fullest extent permitted by applicable law, Work Done Auto LLC and the other Work Done Auto LLC Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or losses, even if Work Done Auto LLC or the other Work Done Auto LLC Parties have been advised of the possibility of such damages.

The total liability of Work Done Auto LLC and the other Work Done Auto LLC Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount listed in the invoice.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Work Done Auto LLC or the other Work Done Auto LLC Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Trademarks

Work Done Auto, workdoneauto.com, and the “WD Work Done Mobile Mechanic” logo are registered trademarks of Work Done Auto LLC and may not be copied, imitated or used, in whole or in part, without our express prior written permission. In addition, our products or service names, slogans, the look and feel of our websites and app, including all page headers, custom graphics, button icons and scripts, are our service marks, trademarks, and/or trade dress and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Work Done Auto Services are the property of Work Done Auto LLC. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Release

To the fullest extent permitted by applicable law, you release Work Done Auto LLC and the other Work Done Auto LLC Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between customers, mechanics, or any others, and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 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.” 

Transfer and Processing Data

In order for us to provide our Services, you agree that we may process and store information about you in the United States.

Guidelines for Law Enforcement Agency

If you are a law enforcement agency, we may work with you to assist in on-going matters related to alleged violations of the law, please contact us for more information.

Questions 

Please contact us with any questions regarding this Agreement by sending an email to admin@workdoneauto.com.