Terms & Conditions

Agreement between User and www.flipsidecommuter.com
Welcome to www.flipsidecommuter.com. The www.flipsidecommuter.com website (the "Site") is comprised of various web pages operated by Flipside Mobile Car Wash, LLC. www.flipsidecommuter.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.flipsidecommuter.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.flipsidecommuter.com is an E-Commerce Site.

Flipside Commuter is designed to offer a seamless digital portal for daily city parkers to order, book, and pay for our mobile car cleaning service.

YOU ACKNOWLEDGE THAT THE COMPANY IS SOLELY A TECHNOLOGY PLATFORM AND DOES NOT PROVIDE AUTO DETAILING/WASHING SERVICES OR OPERATE AS AN AUTO DETAILING/WASHING COMPANY.

Electronic Communications
Visiting www.flipsidecommuter.com or sending emails to Flipside Mobile Car Wash, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Cancellation/Refund Policy
Company reserves the right to modify the Charges at any time in its sole discretion.

Company reserves the right to charge you a fee of $10.00 for each cancellation of an order after 5 minutes have elapsed from the time the order is placed. Within the first 5 minutes after an order is placed, you may cancel service free of charge.

Complaints. Any complaints relating to the services performed by a Service Provider shall be submitted to the Company to info@flipsidemobilecarwash.com The Company will attempt to facilitate any claims or disputes between you and the Service Provider; provided, however, that you acknowledge and agree that the Service Provider is solely responsible for its acts or omissions and that you will seek remedial action solely from the Service Provider or its insurer.

Links to Third Party Sites/Third Party Services
www.flipsidecommuter.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Flipside Mobile Car Wash, LLC and Flipside Mobile Car Wash, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Flipside Mobile Car Wash, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flipside Mobile Car Wash, LLC of the site or any association with its operators.

Certain services made available via www.flipsidecommuter.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.flipsidecommuter.com domain, you hereby acknowledge and consent that Flipside Mobile Car Wash, LLC may share such information and data with any third party with whom Flipside Mobile Car Wash, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.flipsidecommuter.com users and customers.

Disclaimer of Warranties. WE ARE PROVIDING THE WEBSITE AND THE CONTENT AND SERVICES IN CONNECTION THEREWITH (SPECIFICALLY EXCLUDING THOSE SERVICES BY SERVICE PROVIDERS) WITHOUT ANY WARRANTY AND, AS SUCH, WE DO NOT WARRANT THAT THE APPLICATION WILL BE ACCURATE, FUNCTIONAL AT ALL TIMES, FREE OF ERROR, RESPONSIVE, OR OTHERWISE FREE OF ANY DEFECTS, WHETHER PERCEIVED OR ACTUAL. WE FURTHER DO NOT WARRANT THAT ANY OF THE FOREGOING ISSUES WILL BE FIXED OR THAT THE APPLICATION IS FREE OF MALWARE, VIRUSES OR OTHER HARMFUL PROGRAMS.

WE DO NOT CONTROL THE SERVICE PROVIDERS OR THE QUALITY OF SERVICES THAT THEY PROVIDE TO YOU, NOR DO WE REPRESENT OR WARRANT THE TIMELINESS OF THE SERVICE PROVIDERS OR THE COMPLETENESS OF THEIR WORK, AS EACH IS AN INDEPENDENT CONTRACTOR. THE SERVICE PROVIDERS ARE RESPONSIBLE FOR ALL AUTO DETAILING/WASHING SERVICES AND THE COMPANY IN NO WAY PROVIDES ANY REPRESENTATION OR WARRANTY AS  TO THE WORKMANSHIP OR QUALITY OF THE AUTO DETAILING/WASHING SERVICES. WE ENCOURAGE USERS AND SERVICE PROVIDERS TO COMMUNICATE DIRECTLY IN ORDER TO CONFIRM THAT THE DESIRED SERVICES WILL BE PERFORMED AND TO FURTHER CONFIRM THAT THE AGREEMENT IS BEING COMPLIED WITH BY EACH PARTY.

WE DO NOT CARRY INSURANCE FOR SERVICE PROVIDERS, NOR DO WE ASSIST THEM IN OBTAINING ANY INSURANCE COVERAGE WHICH THEY ARE REQUIRED TO OBTAIN AS A SERVICE PROVIDER. SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR ALL INSURANCE COVERAGE RELATING TO THE AUTO DETAILING/WASHING SERVICES. WE DO NOT CARRY INSURANCE THAT PROTECTS THE USERS OR THEIR PROPERTY. AS SUCH, WE RECOMMEND THAT ALL VALUABLES ARE SECURED BY THE USER PRIOR TO PROVIDING THEIR VEHICLE TO A SERVICE PROVIDER. YOU ACCEPT ALL RISKS ASSOCIATED WITH USING THE APPLICATION AND ANY OF THE SERVICES PERFORMED INCIDENT THERETO AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS OR SERVICE PROVIDERS, AS APPLICABLE IN EACH INSTANCE. SERVICE PROVIDERS HAVE BEEN ADVISED NOT TO DRIVE OR OPERATE YOUR VEHICLE. PERMITTING THEM TO DO SO IS AT YOUR OWN RISK AND EXPENSE.

WE ARE NOT RESPONSIBLE FOR THE SAFEKEEPING OF ANY PERSONAL INFORMATION DISCLOSED IN CONNECTION WITH YOUR USE OF THE APPLICATION AND WE DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY OTHER PERSONS OR ENTITIES WHO OBTAIN SUCH INFORMATION, WHETHER RIGHTFULLY OR WRONGFULLY OBTAINED.

THE APPLICATION MAY PROVIDE LOCATION DATA TO USERS, SERVICE PROVIDERS AND OTHER THIRD PARTIES. AS SUCH, LOCATION DATA IS NOT PRIVATE AND, BY USING THE APPLICATION, YOU MAY BE SHARING LOCATION DATA OR RELYING UPON LOCATION DATA THAT MAY LEAD TO UNKNOWN RISKS, AS THE ACCURACY OF SUCH LOCATION DATA IS NOT GUARANTEED BY US AND OTHERS MAY HAVE ACCESS TO LOCATION DATA THAT YOU DID NOT INTEND TO SHARE WITH THEM.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, ANY MOBILE APPLICATION SOURCE, OR THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR APPLICATION FOR ANY RECONSTRUCTION OF ANY LOST DATA.

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY CONTENT OR SERVICES OBTAINED THROUGH THE APPLICATION.

THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED

RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify, defend and hold harmless Company and its insurers, officers, managers, members, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application. Additionally, you agree to hold harmless Company from and against any and all losses, damages, liabilities, claims, actions, judgments, costs or expenses of whatever kind arising from or relating to damage or liability resulting from (i) services provided by Service Providers or Third Parties in connection with the auto detailing/washing services, or (ii) your failure to comply with this Agreement.

Limitation on Time to File Claims. TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.flipsidecommuter.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Flipside Mobile Car Wash, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Flipside Mobile Car Wash, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Flipside Mobile Car Wash, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Flipside Mobile Car Wash, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Flipside Mobile Car Wash, LLC or our licensors except as expressly authorized by these Terms.

Intellectual Property Rights. The Application and its contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, logo and all related names, logos, product and service names, designs and slogans are intellectual property of Company or its affiliates. You may not use such intellectual property without the prior written permission of Company. All other names, logos, product and service names, designs and slogans in the Application are the intellectual property of their respective owners.

Third Party Accounts
You will be able to connect your Flipside Mobile Car Wash, LLC account to third party accounts. By connecting your Flipside Mobile Car Wash, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users
The Service is controlled, operated and administered by Flipside Mobile Car Wash, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Flipside Mobile Car Wash, LLC Content accessed through www.flipsidecommuter.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Flipside Mobile Car Wash, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Flipside Mobile Car Wash, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flipside Mobile Car Wash, LLC in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLIPSIDE MOBILE CAR WASH, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FLIPSIDE MOBILE CAR WASH, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FLIPSIDE MOBILE CAR WASH, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIPSIDE MOBILE CAR WASH, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,

ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLIPSIDE MOBILE CAR WASH, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Termination/Access Restriction
Flipside Mobile Car Wash, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flipside Mobile Car Wash, LLC as a result of this agreement or use of the Site. Flipside Mobile Car Wash, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flipside Mobile Car Wash, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Flipside Mobile Car Wash, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Flipside Mobile Car Wash, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flipside Mobile Car Wash, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Flipside Mobile Car Wash, LLC reserves the right, in its sole discretion, to change the Terms under which www.flipsidecommuter.com is offered. The most current version of the Terms will supersede all previous versions. Flipside Mobile Car Wash, LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Flipside Mobile Car Wash, LLC welcomes your questions or comments regarding the Terms:

Flipside Mobile Car Wash, LLC 12300 West 83rd Pl

Saint John, Indiana 46373

Email Address: rhett@flipsidemobilecarwash.com

Telephone number: 2196718832

Effective as of July 18, 2017