IF YOU NEED EMERGENCY HELP, CALL 911 OR YOUR LOCAL AUTHORITIES.
Terms of Service
By using the Service, you represent and warrant that you are 18 years old and legally competent to enter into this Agreement.
NATURE AND USE OF INFORMATION PROVIDED THROUGH THE SERVICE
- Our Customer. We provide the Services to our Enterprise Customer, who may authorize a certain number of users (each an“Authorized User,” or as the party reading and agreeing to these Terms before using the Service, “you,”) to access and use the Service when they need assistance. As an Authorized User of an Enterprise Customer, you have a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service subject to any usage restrictions agreed to by the Enterprise Customer under whose account you are authorized, and subject to any restrictions in these Terms. Except as agreed with the Customer, we accept no liability or responsibility for any Authorized User’s inability to reach the Services for any reason.
- Services. Through the Services, you may be connected with various technical or other professionals who can help you assess, troubleshoot, and find service for various vehicle issues. Our operators (“Agents”) may give a variety of options for potential assistance. Neither the Agents nor any of our employees are responsible for any decisions, or results of the decisions that you make while, as a result of, or after using the Service. While the Services may involve a referral to a service provider, we do not warrant the performance of any service by any third party provider, nor do we make any representations as to the services of such provider, their quality, or their fitness for the purpose intended.
- Registration. You may be asked to create an account as an Authorized User, or to otherwise provide evidence of your association with the Enterprise Customer (your “Credentials”) prior to accessing the Service. You agree that you will maintain and update your Credentials and ensure that they are current, complete and correct at all times. We have the right to suspend or terminate your account, your Subscription or your use of the Services if we determine that your use of the Services is no longer authorized by the Enterprise Customer.
RISKS, USE OF SERVICE
- Limitation of Liability. We at NHM,LLC are not vehicle professionals and do not give professional advice. Instead, we offer recommendations to help you find and connect with the assistance you need quickly. Not we, our Agents, nor any of our other employees, or any other entities with whom we have contracted, shall have any liability for (1) actions taken (or not taken) by you or a third party based wholly or in part on our advice or recommendations over the Service, or (2) the unavailability of the service. By calling the Service, you agree to indemnify us and hold us harmless for damages arising out of (A) your use of the Service, (B) your breach of these Terms, (C) your violation of the law, (D) claims asserted by third parties that you are in breach of these Terms; or (E) our use of information provided by you through the Service. Without limiting the foregoing, in no event shall we be liable to you for any special, incidental, consequential, exemplary or indirect damages.
- Warranty. THE SERVICE IS PROVIDED ON AN“AS IS” BASIS AND “AS AVAILABLE” BASIS. NHM, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NHM, LLC AND ITS AFFILIATES MAKE NO WARRANTY THAT SHIELDSUP WILL (A)MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR(C) MEET YOUR EXPECTATIONS. THE FOREGOING DISCLAIMERS OF LIABILITY APPLY TO ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION, DELETION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION,WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, INCLUDING NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
- Equipment. You acknowledge that utility and performance of the Service is based on and requires that you have the necessary equipment that is functioning properly. We do not provide any equipment as part of the Service. If you do not have the necessary equipment(mainly, a telephone) you may not be able to access the Service or receive accurately the intended information provided to you and we are not responsible for that failure or for any costs associated with that failure.
PROHIBITED USES; RIGHT TO TERMINATE ACCESS
a) Prohibited Use. You agree to use the Service only for lawful and legitimate purposes and in accordance with these Terms, and not:
- in any way that violates any applicable federal, state, local and international law or regulation;
- for the purpose of exploiting, harming or attempting to exploit or harm otherwise in any way by exposing them to inappropriate content, asking for personal information or otherwise;
- to threaten, harass, or otherwise inappropriately abuse the Service, its employees, partners, agents, subcontractors, Agents, or others;
- to “spam,” gather or attempt to gather personal information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise abusing ShieldsUp or its users;
- contrary to the instructions of your Enterprise Customer, in any way that allows for an unauthorized person to access the Services;
- to impersonate or attempt to impersonate another person or entity; or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm ShieldsUp or users of the Services or expose them to liability; or
- to otherwise attempt to gain access to the phone system or backend data or otherwise interfere with the proper working of the Service.
b) Termination. We reserve the right to terminate your access to the Service if you violate these Terms, including by engaging in the prohibited uses described above.
THIRD PARTY SERVICES
As part of the Services, you may be referred or recommended to visit a third party service provider to seek assistance with your issue(“Third Party Services”). These Terms only apply to your use of ShieldsUp as an Authorized User of our Customer. We are not responsible for, and make no representations regarding the policies or practices of any Third Party Services.
- Governing Law. These Terms of Service and the provision of the Service is governed solely by, and shall be interpreted according to, the laws of the State of Delaware without giving effect to principles of conflict of law. ShieldsUp and you both consent to the exclusive jurisdiction of the state and federal courts located in the city of New York, NY. The Service is operated in the United States. If you are located outside the United States, please be aware that any information you provide will be collected in or transferred to the United States as we as to our partners in Germany. By using the Service and/or providing us with your information, you consent to that collection and transfer.
- Severability; Entire Agreement. If a court finds any provision of these Terms of Service to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining terms shall remain in full force and effect. These Terms constitute the entire agreement between you and NHM, LLC, superseding any other written or oral agreements or understandings. No amendment to these terms shall be effective unless such amendment is in writing and signed by both parties.