Last Updated: January 1st, 2022
These Terms of Use, together with the limited warranty available upon request, privacy policy available upon request, and the rules, policies, terms, and conditions set forth in, referred to, and/or linked herein, all of which are incorporated herein by reference, are, collectively, the âAgreement.â This Agreement constitutes a legal agreement between you (“you”) and MIDNIGHT SPEED AND SOUND.LLC DBA MOTORLY(incorporated in the State of New Jersey, hereinafter referred to as âMotorlyâ âweâ or âusâ). This Agreement sets forth the terms of use (âTermsâ) that govern the access or use by you of applications, websites, content, products, programs, and services by Motorly, including an agreement to engage in binding arbitration to resolve any disputes between us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
Your access and use of our services constitute your agreement to be bound by this Agreement. If you do not agree to the Terms, you may not access or use our services. The Terms, together with any Supplemental Terms (as defined below), expressly supersede prior agreements or arrangements with you and supersede content or information you read or have access to at other places, such as our website, emails, or applications. Motorly may immediately terminate this Agreement or any services with respect to you, or generally, cease offering or deny access to our services or any portion thereof, at any time for any reason or no reason.
Supplemental terms or policies applicable to any particular service (âSupplemental Termsâ) will be disclosed to you. Supplemental Terms may include terms and conditions of any particular event, activity, program, or promotion. Supplemental Terms are in addition to and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable service(s). Motorly may amend the Terms from time to time. Amendments will be effective upon Motorly’s posting of such updated Terms or such amended Supplemental Terms. Your continued access or use of our services after such posting constitutes your consent to be bound by the Terms, as amended.
By accessing and using our services, you represent and warrant that: (i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside; and (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement. Our services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for services to be performed for another person without the vehicle ownerâs consent or for an individual whose account has been terminated. We reserve the right to deny access to our services in the interest of safety and/or company interest. You agree to hold Motorly harmless and not liable for any damages should you be denied service that falls under safety or company interest.
Our Services
Our services constitute a technology and repair platform that includes websites and mobile applications (the âMotorly Platformâ) that enables users to arrange for vehicle inspection, diagnosis, maintenance, repair, or related services. You hereby acknowledge that Motorly is a direct employer and that our technicians are supervised by our management staff as well as our quality control staff. Motorly may from time to time, contract out 3rd party technicians and/or companies who undergo an extensive background check to ensure the safety of our customers and the integrity our name presents.
License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use our services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of our services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble our services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of our services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of our services or unduly burdening or hindering the operation and/or functionality of any aspect of our services; or (vi) attempt to gain unauthorized access to or impair any aspect of our services or its related systems or networks.
Ownership. Our services and all rights herein are and shall remain our property. Neither these Terms nor your use of our services convey or grant to you any rights in or related to our services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the Motorly Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, âMarksâ) of Motorly. Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other Marks are the property of their respective owners and may not be used without their prior written consent.
Your Use of the Services
User Accounts. In order to use most aspects of our services, you must register for and maintain a user account (“Account”). Account registration requires you to submit certain personal information, such as your name, company name (if a commercial account), email address, address, vehicle information, and/or mobile phone number, and/or at least one valid payment method (e.g., a credit card or ACH payment account). You agree to maintain accurate, complete, and up-to-date information in your Account. Your vehicle information may include the license plate number, VIN (Vehicle Identification Number), make, model, year, engine size, trim, etc. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use our services or Motorly’s termination of this Agreement. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Motorly.
Commercial Accounts. In order to use most aspects of our services, you must register for and maintain a commercial account (“Commercial Account”). Commercial Account registration requires you to submit certain personal information, such as your company name, federal employer identification number, email address, address, vehicle/fleet information, office and/or mobile phone number, and/or at least one valid payment method (e.g., a Credit Card or ACH payment account). You agree to maintain accurate, complete, and up-to-date information in your Commercial Account. Your vehicle information may include the license plate number, VIN (Vehicle Identification Number), make, model, year, engine size, trim, etc. Your failure to maintain accurate, complete, and up-to-date Commercial Account information may result in your inability to access and use our services or Motorly’s termination of this Agreement. You are responsible for all activity that occurs under your Commercial Account, and you agree to maintain the security and secrecy of your Commercial Account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Motorly.
Scheduling a Job. To request an appointment for our vehicle services (a âJobâ and a âJob Requestâ), you may be asked to specify the type of service that you think is required, the location where you would like the Job to be performed, and the date and time that you would like the Job to take place. You agree that it is your responsibility to provide a suitable location for the Job, and to ensure that the Technician has proper access and permission and is legally authorized to complete the Job at the location. (e.g. most gated communities forbid vehicle/equipment service on their property) Limited and Restricted Zone types are listed below.
Limited Zones. Zones that we are unable to perform any repair work in however we can provide limited services such as roadside assistance. Gated communities fall into this category in most cases.
Restricted Zones. Zones where we are unable to provide any repair or roadside assistance. Example zones are previous recorded areas where we were denied access or another example being military bases.
Once you submit a Job Request, we may provide you with a price to complete the Job. We reserve the right to modify, add, or delete items and/or price at any time prior to billing you. If you have agreed with the Technician to modify, add, or delete items in the Job Request, or to reschedule a Job, you must notify us. When you reschedule a Job, you agree to do so through the Motorly Platform. If in the event we require additional parts, labor or associated materials, we will advise you on the next steps as well as the costs associated. We do not continue work unless authorizations are given.
You agree to treat Technicians courteously and lawfully, to provide a safe and appropriate working environment that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable Technicians to complete the Job. You acknowledge that your assigned Technician may be unavailable from time to time, e.g. due to illness, vacation or other scheduled service engagement.
Plastic, composite and rubber engine and cooling system components are often affected by age and temperature fluctuations and become fragile over time. Because of this, such parts can break or even disintegrate during procedures that involve their disassembly or handling. This includes components and parts that have extensive rust and are seized that require the aid of power tools, torches and cutting tools. You understand that Motorly will not be held liable for these types of component failures, and that in the event of such, Motorly will provide you with a revised estimate to include the replacement of the failed component.
If you would like to receive the replaced vehicle parts upon completion of the Job, please email us at service@bookmotorly.com, and, if applicable, you will be charged the core price for the replacement part and you will be responsible for proper disposal of such parts in accordance with all applicable laws, regulations and rules. Notwithstanding the foregoing, any defective parts removed from your car in connection with the servicing of a claim under our Limited Warranty must be returned to us.
Priority Calls. There may be instances where a technician may not be available at certain times such as if the technician is engaged in a service call and/or an emergency roadside call. You hereby agree to hold us harmless from any liability that may result from these services offered to our clients should a technician not be available due to priority calls.
Emergency Calls. While our calls are appointment based, should we have a technician available, we are able to take emergency calls. Emergency calls are non-appointment based as well as spontaneous with urgency implied. Because we may have to remove a technician from another call. Emergency calls are billed âPort to Portâ at emergency billing rate found in the rate schedule listed below. Port to Port is from our headquarters to the location back to headquarters. You acknowledge that parts may or may not be available dependent on the time of the emergency call.
Lockouts/Roadside Assistance. Motorly provides roadside assistance from a technician that is available for pay as you go clients. Plan clients that pay for prioritized service have certain services included in their plan. Fee details can be found in the âfee scheduleâ within these terms and conditions.
General Fee Schedule.
– Residential / Commercial Labor Rate (Regular Hours 7a-7p M-F, 8a-8p Sat) – $115/Hour (Minimum one-hour booking)
– CDL Commercial / RV / Marine / Powersport Rate – $150.00/Hour (Minimum one-hour booking)
– Equipment Labor Rate – $190.00/Hour (Minimum one-hour booking)
– Any Sunday Call is @ Emergency Rate
– Emergency Rates
o Residential – $150/hour (Minimum two hours)
o Commercial – $150/hour (Minimum two hours)
o CDL Commercial – $150/hour (Minimum two hours)
o Equipment – $275/hour (Minimum four hours)
o RV / Marine / Powersport – $185/hour (Minimum three hours)
– Lockouts / Jumpstarts – $95 (All Types)
– Flat Tire Change – $95
– Gasoline Delivery â $95.00 Delivery fee plus cost of fuel
– Diesel Delivery â $95.00 Delivery fee plus cost of fuel
– Any Toll Cost Transfers to Customer
– Mileage Fees â Calls outside of our standard coverage range (35 mile radius of headquarters) are subject to a mileage charge of $1.58/mile outside of the 35 mile radius.
Communications. You expressly consent and agree to receive communications from us, including via e-mail, Facebook messenger, text message, calls, and push notifications, to the cellular telephone number you provided to us. You understand that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Motorly or its affiliated companies, or our Technicians, including operational communications concerning your Account, use of the Motorly Platform or services, updates concerning new and existing features on the Motorly Platform, communications concerning promotions, and news concerning us and our services. You expressly consent that all calls made to Motorly may or may not be recorded for quality assurance. Recorded calls are kept on record for one year from the date of the call. Calls may or may not be used in litigation proceedings to verify verbal authorizations and information confirmation. Such recordings will remain on file indefinitely for legal record. You may opt out of receiving text (SMS) messages from us at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of our services. You agree to our use of a service provider to mask your telephone number when you call or exchange text messages with our Technician. During this process, we will receive and store data, including the date and time of the call or text message, the phone numbers, and the content of the text messages. You agree to our use and disclosure of this data for legitimate business purposes. We may send you confirmation and other transactional emails regarding our services. We may also send you emails or text messages about services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. You agree that communicating with Motorly or an authorized representative of Motorly via the âFacebook Messenger Platformâ that we will receive and store data, including the date and time of the message, the phone numbers, and the content of the messages. You agree to our use and disclosure of this data for legitimate business purposes.
Promotional Codes or Credits. We may create promotional codes or credits that may be redeemed for Account credit, or other features or benefits related to our services and/or a subject to any additional terms associated with each promotion (“Promo Codes”). You agree that Promo Codes: (i) must be used by the intended audience and for the intended purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to Motorly; (iv) may only be used pursuant to the specific terms that we established for such Promo
Code; (v) are not valid for cash; and (vi) may expire prior to your use. Motorly reserves the right to interpret how the Promo Codes will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Content. We may permit you from time to time to submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to our services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including developing, manufacturing and marketing products and/or services incorporating any User Content. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason or no reason, without notice to you.
Network Access and Devices. You are responsible for obtaining the compatible hardware or devices and data network access necessary to use our services. Our services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and we shall not be held liable for any such malfunction or delay.
Payment Terms
You understand that use of our services may result in charges to you for the services you receive from our Technicians (âChargesâ). Charges may include any applicable federal, state and local taxes. At the time you schedule a Job, we will record your preferred payment method information and validate your payment information. You authorize the payment of Charge(s) according to your preferred payment method information, or, if applicable, the payment of a cancellation fee if you cancel the Job. You agree not to make any alternative payment arrangement with the Technician who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
After you have received vehicle services obtained through your use of our service, we will facilitate your payment of the applicable Charges on behalf of Motorly. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Technician. Charges paid by you are final and non-refundable, unless otherwise determined by us. All Charges are due immediately. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your Account, if available. Payments by cash are accepted up to the total amount due. Payments by check are accepted upon verification performed at the time of receipt of the check. Checks unable to be verified at the time of receipt will not be accepted and an alternative payment method will be required. Motorly will make every reasonable effort to collect payment for the services rendered. You agree that 30 days without payment will result in collection efforts and an imposed processing fee of $75.00. Motorly reserves the right to secure the debt owed to Motorly. This includes but is not limited to a bank levy and/or title lien (Mechanicâs Lien) You agree to pay all costs of collection, including a reasonable attorney’s fee, whether or not suit is instituted as well as storage fees of the vehicle. A legal filing administrative fee is a non-refundable $200 added to the invoice. Check payments require an ID and state driverâs license number. Returned checks given to Motorly will incur a $35 âreturned check feeâ indicated on your invoice. All loans and payment plans issued by Motorly are subject to the New Jersey 16% APR interest rate as permitted by New Jersey state law.
We reserve the right to establish, remove and/or revise Charges for any or all Vehicle Services at any time in our sole discretion. If a Technician changes the Vehicle Services needed, or adds additional Vehicle Services that you authorize, you authorize the payment of updated or modified Charges. If the Technician determines that your car requires services other than the Vehicle Services you specified in your original Job Request or that the Technician is not able to perform such work, you may be charged a separate diagnosis fee.
Chargebacks. If you make a purchase from Motorly. , you agree to these Terms and Conditions. Chargebacks occur when your payment card provider reverses the transaction to return funds of which you claim is fraudulent or otherwise. We recognize that chargebacks can happen for a variety of reasons. However, if you make a card payment through the platform, and later dispute a legitimate charge by raising a chargeback without merit (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you from our platform by providing compelling evidence to refute your invalid chargeback request. Unmerited chargebacks include but are not limited to disputing a charge made in accordance with unauthorized activity; or requesting a chargeback without a legitimate reason. We take a zero-tolerance approach to unmerited chargebacks, in respect of the individual seller policies and friendly fraud. Motorly requires that our buyers first contact us for a refund before filing a dispute with their bank for any transaction. If a buyer directly raises a dispute with their bank without contacting us first, then this is a breach of our terms.
Fraud. Motorly takes a zero-tolerance approach to fraud and therefore any evidence we obtain due to the presence of credit card fraud or otherwise will be turned over to the appropriate jurisdiction responsible for handling such matters. Appointments attempted or otherwise booked with a fraudulent card or multiple cards will result in an automatic blacklist from our platform.
Special Order Parts. Motorly may require special order parts that otherwise may come from dealerships and/or vendors that are non-refundable. Examples of special order parts are any electrical part ordered from a dealership or vendor, parts that are imported outside the USA due to parts availability locally and parts that are otherwise labeled as special order from the vendor and/or dealership. A deposit is required on such items. The customer agrees that these parts are non-refundable. In the event a deposit is waived by management, the customer agrees that he/she is responsible for the cost of the part regardless if the service has been performed or otherwise cancelled in such case. Special order parts will hold their retail value and be charged to the customer with the inclusion of NJ state sales tax. Once the invoice is finalized with the applicable shipping charges and payment submitted. Motorly will send the part to the customers address on file.
Vehicle/Unit Storage. All charges for repairs including labor and materials furnished are due and payable simultaneously with the delivery of the within described vehicle or prior to delivery upon the expiration of three (3) days after notice to Customer that the repairs have been completed. If the vehicle described herein is not picked up within three (3) days after such notice is given, Motorly may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day or the maximum rate allowable by applicable law.
Applied Credit Customers. Motorly does not offer in-house credit. Credit is issued and facilitated by Snap Finance under the name âSnap Financeâ. All terms and conditions of your loan are subject to Snap Finance and any questions should be directed to Snap Finance. All loans are subject to credit approval. Motorly does not make credit decisions on loans facilitated through Snap Finance.
Warranty Suspension. Motorly reserves the right to suspend warranties for account holders and all vehicles under the account holder that have the listed account in collection status. Accounts that are in legal dispute for non-payment will void or otherwise nullify the account warranty that applies to vehicles under that account. Warranties are not retroactive and therefore any account that had a warranty suspension will not be reimbursed the time a warranty was suspended. You agree to hold us harmless for any damages that may result therefrom. Account holders found in connection with fraudulent activity or otherwise will forfeit all warranties associated with the account.
Termination; Cancellation
Termination by Motorly. We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account.
Termination by You. You may terminate this Agreement by completely and permanently ceasing to use our services (provided that there are no outstanding unpaid services rendered under your Account). If you attempt to terminate this Agreement while there are still outstanding unpaid services rendered under your Account, this Agreement shall not terminate until such services have been paid as permitted by this Agreement.
Cancellation of Jobs by You. You may cancel a scheduled Job at any time, subject to the following: if you cancel within 3 hours of booking a Job, there is no cancellation fee; if you cancel more than 3 hours after booking a Job, you will be charged a $35 cancellation fee. We reserve the right to establish, remove and/or revise our cancellation policy or cancellation fees at any time in our discretion.
Cancellation of Jobs by Motorly. We reserve the right to refuse a Job Request. You hereby agree to hold us harmless from any liability that may result from the cancellation of a Job or refusal of a Technician to complete a Job. You will not be charged the standard cancellation fee. There may be instances where, after a Technician has arrived at your location, the Technician finds that he or she is not able to successfully complete the Job, for reasons including, without limitation, that the Technician does not have access or permission to work on your vehicle at the location you provided, that the location is not fit for repair services (e.g., hill or uneven surface), or that the information you provided with respect to your vehicle is inaccurate or incomplete. In such instances, you may be charged a call out fee of $35.00.
Gift cards
Motorly Gift Cards may be used only for the purchase of eligible Vehicle Services and products sold through the Motorly Platform. Except as required by law, Gift Cards cannot be transferred for value or redeemed for cash. Charges are deducted from the Gift Card balance. To redeem or view a Gift Card balance, please visit our user account page or call 862-400-3098 to speak with a representative. We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission. Treat your card as if it were cash.
Inspection or Diagnosis Work
We do not provide inspections that are equivalent to state inspections or SMOG inspections. Obtaining any inspection through the Motorly Platform does not indicate that your vehicle would pass a state inspection or a SMOG inspection.
If you schedule a diagnosis Job with Motorly, our technician will first seek to diagnose the problem. In performing a diagnosis, he or she may go through a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate tests. Although Technicians use their experience in performing diagnoses, we cannot guarantee that any particular diagnosis will identify all of the problems with your car (and/or solutions) during the first inspection. Sometimes, the only way to get to the root cause of a problem is to go through a process of elimination â that is, to replace a part suspected to be defective and then see whether the problem still exists.
After receiving a diagnosis, you may request subsequent repair work recommended based on the diagnosis. You agree that our Limited Warranty applies only to such repair work, not to the completeness of the diagnosis or to any problems that you may be experiencing with your car (other than a problem with the replaced part itself). For example, if your car has an oil leak, the leak may be coming from two or three different places on your engine. The Technician may recommend replacing the part responsible for the most obvious source of the leak, and then recheck the car to see if there are other components that are leaking too. You understand that, if there are other leaking components, replacing those other components would be separate work subject to an additional Charge.
DOT-Spec Inspections and annual paperwork are stored with Motorly. All paperwork associated is available upon request.
Pre-purchase Inspection
Pre-purchase inspections are based on what is seen and heard through the eyes and ears of our technicians. Weather and light conditions, as well as the cleanliness of the vehicle both inside and out, can reduce the accuracy of the inspection, making things such as prior repainting and body work difficult to detect. For the most accurate inspection report, the vehicle must be clean, dry and well-lit at the time of inspection. Technicians do not clean or disassemble vehicles prior to or during pre-purchase inspections.
Technicians go to your location to inspect the car. They do not put the car on a lift but may use floor jacks to raise up parts of the car. Pre-purchase inspections are not diagnosis Jobs. Diagnostic equipment is not typically used in a pre-purchase inspection. Technicians may identify the VIN (vehicle identification number), but do not check the authenticity of the VIN outside of verifying with the National Insurance Crime Bureau. Carfax reports are supplied in addition to the technician report based on the VIN that is on the vehicle itself for an additional cost.
Motorlyâs services are similar to what you would see and hear if you were to inspect the car yourself and you had the same level of experience as the Technician. Since many aspects of the inspection are subjective, the Technician is providing you with his or her professional opinion. If you were to perform the inspection yourself, you might come to different conclusions.
Each inspection is limited to the items expressly stated in the inspection report. If you request inspection of an item not included within the inspection report, the Technician may make a reasonable effort to inspect that additional item; however, there is no guarantee that the additional item will be inspected. If reference to the additional item is not expressly included in the inspection report, you should assume that the item was not inspected.
Technicians may test drive vehicles, but a test drive is not a required aspect of a pre-purchase inspection report. Unless the inspection report specifically states that a test drive was conducted, no such test drive was conducted. Certain vehicles cannot be test driven based on environmental conditions or legality issues such as license plates, vehicle insurance from seller or operational conditions that may present a hazard in the operation of the vehicle on public roadways. It is technicianâs discretion to refuse a test drive if it is an immediate threat to safety or against the interest of Motorlyâs safety policies.
Pre-purchase inspection reports are not guaranteed or warrantied, because changes in the vehicle can occur and/or manifest themselves between the time of inspected and the time of purchase, and because during a pre-purchase inspection the Technician cannot see inside an engine or transmission and does not take the whole car apart to check every component in the car. Thus, impending failures may not be evident at the time of inspection.
Neither we nor any Technician will advise on the value of any vehicle, whether or not to purchase a vehicle, or authenticates a vehicleâs origin. Regardless of any comments made by a Technician, you purchase or decline to purchase a vehicle at your own risk. We do not determine if a vehicle is emission compliant or whether a vehicle will perform properly.
Engine Oil Analysis. Motorly offers engine oil analysis. Oil analysis is facilitated by Black Stone Laboratories and is subject to their testing policies and practices.
Analysis reports are not guaranteed or warrantied, because changes in the vehicle can occur and/or manifest themselves between the time of sample collection and the time of report receipt. Fluid analysis is not available for pre-purchase inspections without written seller authorization.
Limited Warranty
The terms and conditions of our Limited Warranty are incorporated into this Agreement by reference. We may amend the Limited Warranty from time to time, posting changes, your continued access or use of the Services after posting constitutes your consent to be bound by the terms of the Limited Warranty as amended.
Disclaimers
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, THE SERVICES AND PARTS ARE MADE AVAILABLE ON AN âAS IS,â âAS AVAILABLE,â AND âWITH ALL FAULTSâ BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE OUR SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE MOTORLY PLATFORM WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE MOTORLY PLATFORM WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE MOTORLY PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. MOTORLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF OUR SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF OUR SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MOTORLY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitations of Liability
YOU AGREE NOT TO HOLD MOTORLY (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE MOTORLY PLATFORM OR ANY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MOTORLY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL MOTORLY 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. MOTORLY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE MOTORLY PLATFORM.
NOTHING IN THIS AGREEMENT OR THE MOTORLY 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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MOTORLY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR THE ASSOCIATED JOB. BY USING THE MOTORLY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE MOTORLY PLATFORM.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Motorly and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Motorly Platform, and/or the provided services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including Technicians), and (v) your information and content that you submit or transmit through the Motorly Platform. Motorly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Motorly.
Dispute Resolution
Arbitration. Any dispute or claim relating in any way to your use of the Motorly Platform or any Vehicle Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Motorlyâs Legal Department, located at 781 State Route 57, Port Murray, NJ 07865. The arbitration will be conducted in Somerset, New Jersey, by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, Motorly will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Applicable Law By accessing or using the Motorly Platform or any Vehicle Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New Jersey, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state, will govern these Terms of Use and any dispute of any sort that might arise between you and Motorly.
Other Provisions
General. You may not assign these Terms without Motorly’s prior written approval. Motorly may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Motorly’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Motorly or any of our constituents as a result of this Agreement or use of our services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Motorly’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Motorly in writing.
Complaints of Copyright Infringement. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided through the Motorly Platform or in connection with our services infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it (please note it is not sufficient to merely provide a top level URL); (iii) the complete name, address, telephone number and e-mail address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Motorly’s contact information for notice of alleged copyright infringement is via email: legal@bookmotorly.com. or via mail: Attn: Legal Department, Motorly, 781 State Route 57, Port Murray, NJ 07865.
Notice. Motorly may give notice by means of a general notice through the Motorly Platform, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Motorly, with such notice deemed given when received by Motorly, at any time by first class mail to Motorly, Attn: Legal Department, 781 State Route 57, Port Murray, NJ 07865.
Links to Other Websites and Display of Othersâ Brand Names or Logos. The Motorly Platform may contain logos and/or brand names of third parties, and/or links (such as hyperlinks) to third-party websites. Such brands, logos, and links do not constitute our endorsement of those parties, sites or their content. They are provided as an information service, for reference and convenience only. We do not control any such sites, and are not responsible for their availability or accuracy, or content, advertising, or products or services. The existence of links on the Motorly Platform to such websites (including without limitation external websites that are framed by the Motorly Platform as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites or have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites, othersâ brands or logos, or other material associated with links, logos or brand names that may appear on
the Motorly Platform. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Motorly Platform. All logos displayed on the Motorly Platform are trademarks of their respective organizations.