This Website and Transmission Repair Cost Guide’s services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website or submission of get estimate requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Transmission Repair Cost Guide services or properties such as websites or apps owned and operated by Transmission Repair Cost Guide (including but not limited to TransmissionRepairCostGuide.com, and collectively referred to herein as “Transmission Repair Cost Guide,” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.TransmissionRepairCostGuide.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on February 17, 2016.
INTRODUCTION TO Transmission Repair Cost Guide
Upon registration, you may choose your own password or Transmission Repair Cost Guide will assign you a password to access the Transmission Repair Cost Guide services through the Transmission Repair Cost Guide website or apps.
Transmission Repair Cost Guide SERVICES
At Transmission Repair Cost Guide we are committed to making your total Transmission Repair Cost Guide experience a positive one. There are several ways you can find shops from Transmission Repair Cost Guide. Find a Shop Directory. You can view a directory of shops in your area who may provide transmission replacement services. Get an Estimate. With Get an Estimate, you can request that Transmission Repair Cost Guide email or SMS you an estimate for a replacement transmission.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed shops, we make no guarantees or representations regarding the skills or representations of such shop or the quality of the job that he or she may perform for you if you elect to retain their services. Transmission Repair Cost Guide does not endorse or recommend the services of any particular shop. It is entirely up to you to evaluate a shop’s qualifications, and to enter into a direct contract or otherwise reach agreement with a shop. We do not guarantee or warrant any shop’s performance on the job or the outcome or quality of the services performed. The shops are not employees or agents of Transmission Repair Cost Guide, nor is Transmission Repair Cost Guide an agent of the shops.
No Contracting via the Transmission Repair Cost Guide Website. Transmission Repair Cost Guide may inform you of certain offers or discounts provided by a shop. Such offers or discounts are made solely by the shop, and Transmission Repair Cost Guide does not guarantee or warrant the pricing or discounts that a shop may offer you. Any quotes provided by Shops via the Transmission Repair Cost Guide or apps, or which you find on the Transmission Repair Cost Guide or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Transmission Repair Cost Guide. No contractual arrangement is created based upon the quotes provided to you from Shops (or your scheduling of an appointment with a Shop) via Transmission Repair Cost Guide. To contract with a Shop, you must work directly with the Shop. Transmission Repair Cost Guide does not perform, and is not responsible for, any of the services requested by you in your get estimate request. Your rights under contracts you enter into with shops are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
Release from Damages or Claims. Should you have a dispute with any shop, you must address such dispute with the shop directly. YOU HEREBY AGREE TO RELEASE Transmission Repair Cost Guide (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SHOPS.
YOUR USE OF THE TRANSMISSION REPAIR COST GUIDE SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of Transmission Repair Cost Guide is for your personal use and not for advertising purposes. You may not use Transmission Repair Cost Guide to recreate or compete with Transmission Repair Cost Guide, to solicit or harass Transmission Repair Cost Guide shops, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Transmission Repair Cost Guide for any such damages, and will indemnify Transmission Repair Cost Guide in the event of any third party claims against Transmission Repair Cost Guide based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Transmission Repair Cost Guide products or properties at any time. All information about shops is confidential and for your personal use only. If it is determined or suspected by Transmission Repair Cost Guide in its sole discretion that you are misusing or attempting to misuse or circumvent the Transmission Repair Cost Guide services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Transmission Repair Cost Guide reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
INFORMATION YOU PROVIDE TO US
Upon using Transmission Repair Cost Guide, you will be prompted to disclose certain information about yourself and your vehicle problem. Some of this information will be sent to shops who will need this information to respond to your request. By providing this information to us, or by submitting a get estimate request, you are requesting, and you expressly consent to being contacted by us and by our shops and providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your get estimate request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a get estimate request, you are entering into a business relationship with Transmission Repair Cost Guide and its partners and thus agree to be contacted by Transmission Repair Cost Guide and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of shops that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Transmission Repair Cost Guide has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Transmission Repair Cost Guide has the right to refuse any current or future use of the Transmission Repair Cost Guide services (or any portion thereof) by you. You are responsible for any use of the Transmission Repair Cost Guide services by persons to whom you intentionally or negligently allow access to your password.
By submitting a get estimate request, you agree that Transmission Repair Cost Guide and its shops may send you informational text (SMS) messages as part of the normal business practice of Transmission Repair Cost Guide. These text (SMS) messages shall only be used for sending estimates related to transmissions.
DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed shop, and while we have no obligation to you with regard to your relationship with a shop, the Transmission Repair Cost Guide resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a shop who you learned about through the Transmission Repair Cost Guide Services. We may, upon your request, provide limited assistance in resolving disputes between you and a shop. You must participate and use good faith efforts to resolve problems through the Transmission Repair Cost Guide resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
You acknowledge and agree that Transmission Repair Cost Guide may monitor and/or record any telephone calls between you and Transmission Repair Cost Guide.
USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on Transmission Repair Cost Guide, including but not limited to:
Ratings & Reviews
Photographs or Images,
Comments, Questions and/or Answers,
Any other content
(known collectively as “Content”) is the sole and exclusive property of Transmission Repair Cost Guide, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your get estimate request.
Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License. You hereby grant Transmission Repair Cost Guide and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Transmission Repair Cost Guide and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
Representation of Ownership and Right to Use Content. By posting or providing any Content to Transmission Repair Cost Guide, you represent and warrant to Transmission Repair Cost Guide that you own or have all necessary rights to use the Content, and grant to Transmission Repair Cost Guide the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines. Transmission Repair Cost Guide reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Transmission Repair Cost Guide owned or operated websites or apps if Transmission Repair Cost Guide determines (in its sole discretion) that such content contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
References to illegal activity.
Language that violates the standards of good taste or the standards of this Site.
Statements that are or appear to be false.
Comments that disparage Transmission Repair Cost Guide.
With respect to Ratings and Reviews of shops, all of the above and in addition the following:
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
Comments concerning a different Shop.
Information not related to work requested in the get estimate request.
If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a shop that has performed services for you pursuant to your applicable get estimate request.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Transmission Repair Cost Guide server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Transmission Repair Cost Guide. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Transmission Repair Cost Guide or apps or any other Transmission Repair Cost Guide owned, operated, licensed or controlled site. Elements of the Transmission Repair Cost Guide or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Transmission Repair Cost Guide web Site may be copied or retransmitted unless expressly permitted by Transmission Repair Cost Guide. Transmission Repair Cost Guide AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TRANSMISSION REPAIR COST GUIDE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE TRANSMISSION REPAIR COST GUIDE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Transmission Repair Cost Guide AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Shops Profiles: Transmission Repair Cost Guide allows Shops to post profiles about themselves and their business on the Transmission Repair Cost Guide or apps. Transmission Repair Cost Guide does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Shop. Transmission Repair Cost Guide therefore makes no representations or warranties regarding any information posted by a Shop, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Transmission Repair Cost Guide. Transmission Repair Cost Guide believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Transmission Repair Cost Guide network. Transmission Repair Cost Guide does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Transmission Repair Cost Guide checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: TRANSMISSION REPAIR COST GUIDE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
RATINGS & REVIEWS ARE NOT ENDORSED BY TRANSMISSIONREPAIRCOSTGUIDE.COM
All Ratings and Reviews of a Shop displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Transmission Repair Cost Guide. Transmission Repair Cost Guide disclaims any and all representations or warranties with regard to the Ratings and Reviews. Transmission Repair Cost Guide does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
ARTICLES AND OTHER CONTENT
Transmission Repair Cost Guide provides certain content relating to transmission repair, maintenance (“Articles”), on the Transmission Repair Cost Guide or apps, and via mobile applications owned and operated by Transmission Repair Cost Guide. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY SITES
The links in the Transmission Repair Cost Guide or apps will let you leave Transmission Repair Cost Guide’s Web site. The linked sites are not under the control of Transmission Repair Cost Guide and Transmission Repair Cost Guide is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Transmission Repair Cost Guide is not responsible for webcasting or any other form of transmission received from any linked site. Transmission Repair Cost Guide is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Transmission Repair Cost Guide of the site.
YOU AGREE TO INDEMNIFY TRANSMISSION REPAIR COST GUIDE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE TRANSMISSION REPAIR COST GUIDE SERVICES, IN CONNECTION WITH THE TRANSMISSION REPAIR COST GUIDE WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SHOP, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
You acknowledge and agree that the Transmission Repair Cost Guide services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Transmission Repair Cost Guide’s sole obligation to you or any third party for any claim arising out of your use of the Transmission Repair Cost Guide services or the Transmission Repair Cost Guide or apps, is that you are free to discontinue your use of the Transmission Repair Cost Guide services or the Transmission Repair Cost Guide or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Transmission Repair Cost Guide EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT Transmission Repair Cost Guide SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Transmission Repair Cost Guide HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Transmission Repair Cost Guide’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Transmission Repair Cost Guide to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Transmission Repair Cost Guide services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely in the Province of Ontario and between Ontario residents. You agree to submit to jurisdiction in Ontario and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Ontario. These Terms and Conditions constitute the entire agreement between you and Transmission Repair Cost Guide and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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