By visiting, browsing, accessing, viewing or otherwise using the Site, You are deemed to have read and agreed to the following terms:
The following terminology applies to the Privacy Statement, these Terms and Conditions, and any other agreements entered into with WHEELWELL HOLDINGS, INC. (“Wheelwell”).
"Client", “You” and “Your” refers to you, the person accessing this product and accepting Wheelwell’s Terms and Conditions. "The Company", “Ourselves”, “We” and "Us", refers to Wheelwell. “Party”, “Parties”, or “Us”, refers to both You and Wheelwell, or either You or Wheelwell.
All terms contained in the Privacy Statement and Terms and Conditions refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting Your privacy. We constantly review our systems and data to ensure the best possible service to our customers. This Privacy Statement applies to any Personal Information collected or processed through Wheelwell.com (the “Site”), and any other Wheelwell operated Website or social media page that links to this Privacy Statement.
As used in this Privacy Statement, “Personal Information” is information that identifies or relates to a particular individual. Examples of Personal Information include, but are not limited to, name, e-mail address, phone number, mailing address, and online identifiers.
1. Types of Personal Information We Collect and Use
A. Information that You Provide Us.
In various places on the Site, We request information from You via forms. The exact information We need to collect (including Personal Information) will depend on the purpose of the form.
For example, when You create an account or shop on the Site You provide Us with Personal Information, such as: Your name, e-mail address, and login credentials. This Personal Information allows Us to process Your request, contact You with additional information, and respond to Your questions or comments.
We will indicate on the form whether a particular field of information is mandatory or optional. If You choose not to provide certain information, We may not be able to provide requested services.
B. Automatically Collected Information
Most browsers provide You with the ability to block, delete, or disable cookies, and Your mobile device may allow You to disable transmission of unique identifiers and location data. If You choose to reject cookies or block device identifiers, some features of the Site may not be available or some functionality may be limited or unavailable. Please review the help pages of Your browser or mobile device for assistance with changing Your settings.
C. Log File Information
When You use the Site, our servers automatically record information, including Your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site You visited before coming to the Site), domain names associated with Your internet service provider, information on Your interaction with the Site, and other such information (collectively, “Log File Information”).
We use IP Addresses to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use. Your IP Address is not linked to personally identifiable information. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without Your explicit permission.
2. How We Use Personal Information
We use Personal Information for the following purposes:
We will not sell Your personal information to any third party or use Your e-mail address for unsolicited mail.
3. How We Protect the Confidentiality of Personal Information
We protect the confidentiality and security of Personal Information We obtain in the course of business. We Use commercially reasonable safeguards to protect Your Personal Information.
Despite these efforts to securely store Personal Information, We cannot guarantee the security of Personal Information during its transmission or storage on our systems. Further, while We attempt to ensure the integrity and security of Personal Information, We cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about You will be protected against loss, misuse, or alteration by third parties.
4. Disclosure of Personal Information
5. Accessing, Updating, or Deleting Personal Information
If You would like to otherwise access, update, or delete your Personal Information, You may submit a request to support@Wheelwell.com. We will promptly review all such requests in accordance with applicable law.
If You are a resident of California, please see Section 8 (California Residents) for more information regarding Your rights.
6. Opting Out of Receiving Electronic Communications
We may send notifications, promotions, or other information via e-mail or text message (“Communications”). You may choose to stop receiving Communications by indicating Your preference in Your account profile or settings. You may opt out of Communications by visiting https://www.autoanything.com/privacy-policy. Please note that certain Platform-related Communications are necessary for the proper functioning and Use of the Platform (e.g., to verify the phone number associated with Your account).
7. International Use of the Platform
The Site is only intended for Use within the United States. If You are using the Site from outside the United States, please be aware that personal information may be collected, stored, and processed in the United States. Please be aware that the data protection laws of the United States might not be as comprehensive as those in Your country.
8. California Residents
This section applies to our collection and Use of “Personal Information”, as defined under California law, if You are a resident of California.
A. Categories of Personal Information Collected, Used, and Disclosed
In accordance with California law, We collected the following categories of Personal Information within the preceding 12 months:
B. Your California Privacy Rights
If You are a resident of California, You have the following rights:
If You would like to exercise Your rights listed above, please contact (or have Your authorized agent contact) Us at support@Wheelwell.com. When doing so, please tell Us which right You are exercising and provide Us with contact information to direct our response.
We must verify Your identity before fulfilling Your requests. If We cannot initially verify Your identity, We may request additional information to complete the verification process. Any Personal Information You disclose to Us for purposes of verifying Your identity will solely be used for the purpose of verification.
You have a right not to receive discriminatory treatment by any business when You exercise Your California privacy rights.
9. Children’s Privacy
We do not knowingly collect or solicit any Personal Information from children. In the event that We learn that We have collected Personal Information from a child, We will promptly take steps to delete the information.
10. Linked Sites
11. Changes to Our Privacy Statement
Wheelwell may modify or update this Privacy Statement from time to time, so please review it periodically. We may provide You with notice of material changes to the Privacy Statement as appropriate under the circumstances. Unless otherwise indicated, any changes to this Privacy Statement will apply immediately upon posting to the Site.
12. User Conduct
You are responsible for maintaining the confidentiality of the password associated with Your account and for restricting access to Your password and to Your computer while logged into the Site. You accept responsibility for all activities that occur under Your account or from Your computer. We endeavor to use reasonable security measures to protect against unauthorized access to Your account. We cannot, however, guarantee absolute security of Your account, Your Content, or the personal information You provide, and We cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately notify Wheelwell at support@Wheelwell.com of any unauthorized use or Your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Your data and any other information You provide to Wheelwell.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that You, and not Wheelwell, are entirely responsible for all Content that You upload, post, e-mail, transmit or otherwise make available via the Site. Wheelwell does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wheelwell be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You agree to not use the Site to: (a) upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm any users or minors in any way; (c) Use the Site to commit fraud or other unlawful activities; (d) Use the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any third party;(f) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law; (j) access or attempt to access any other person’s account, information, or content without permission; and (k) delete, modify, or attempt to change or alter any of Wheelwell’s content or notices on the Site. You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that You will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site.
You acknowledge that Wheelwell may or may not pre-screen or monitor Content, but that Wheelwell and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, or remove any Content that is available via the Site. Without limiting the foregoing, Wheelwell and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
As stated in Section 4 of the Privacy Statement, You acknowledge, consent and agree that Wheelwell may access, preserve and disclose Your Personal Information, Content, user data, and Payment Method information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to Your requests for customer service; or (e) protect the rights, property or personal safety of Wheelwell, its officers, directors, employees, agents, licensors, supplies, assignees, successors-in-interest, or content providers (collectively “Affiliates”). Subject to the foregoing, Wheelwell will use reasonable efforts to maintain the confidentiality of Your user data, Personal Information, Content, and Payment Method information.
The Site is for Your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site, or access to the Site.
Content Submitted to the Site
By submitting Your Content to the Site, to the extent You hold intellectual property ownership in Your Content, You grant Wheelwell a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site for the purposes of providing and promoting the Site and the features and services available on the Site.
The Site may provide You with the option of making certain Content that You submit to the Site as private or available only to select users of the Site. If, upon submission of Content to the Site, You initially elect to mark such Content as private or available for a limited group of user, Wheelwell will maintain the privacy of such Content in accordance with Your election. However, if You do not elect to mark Your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, Wheelwell cannot and does not guarantee the privacy of such Content.
We welcome Your comments, feedback, suggestions, and other communications regarding the Site and the information and services We make available through the Site (collectively, “Feedback”). While You are not obligated to provide Feedback, in the event that You provide Feedback, You hereby grant to Wheelwell a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback to Wheelwell in connection with the Site, whether You send such information or materials to Us through the Site or through a separate communication channel, and to use, disclose, reproduce, modify, license, transfer, sell, offer for sale, import and export products and services based on such Feedback. Please do not send Us such Feedback or other information or materials, if You do not wish to grant Us the rights set forth above.
DISCLAIMER OF WARRANTIES
LIMITATION ON LIABILITY
WHEELWELL AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS, LOST PROFITS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RELATING TO YOUR USE OF THE SITE OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SITE AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF WHEELWELL.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE WILL BE TO STOP USING THE SITE.
IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF WHEELWELL. AND ITS AFFILATES FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR YOUR DIRECT PROVABLE DAMAGES.
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST WHEELWELL.
Copyright and other relevant intellectual property rights exists on all text, imagery, and software processes relating to the Site, Wheelwell’s services, and the full content of this product. Wheelwell’s logo is a registered trademark of this Company in the United States. All vehicle names, brand names, and part model names are copyrights of their respective owners and are not affiliated with Wheelwell unless stated otherwise.
To the fullest extent permitted under applicable law, You agree to indemnify, defend and hold harmless Wheelwell and its Affiliates against any and all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from: (a) an injury, damage, or loss resulting from Your Use of the Site; (b) a third party claim alleging Your Content infringes a copyright, patent, trademark, or misappropriates a trade secret of a third party; or (c) an act or omission by You which is a breach of Your obligations under these Terms and Conditions. You will have the right to defend and compromise such claim at Your expense for the benefit of Wheelwell and its affiliates; provided, however, You will not have the right to obligate Wheelwell and its Affiliates in any respect in connection with any such settlement without the prior written consent of the indemnified party. Notwithstanding the foregoing, if You fail to assume Your obligation to defend, Wheelwell and its Affiliates may do so to protect their interests and You will reimburse all costs incurred by Wheelwell and its Affiliates in connection with such defense.
You agree that Wheelwell may, under certain circumstances and without prior notice, immediately terminate Your account and/or access to the Site. Causes for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by You in connection with the Site. Termination of Your account may include (x) removal of Your access to all offerings within the Site, (y) deletion of Your information, files, and Content associated with or inside Your account, and (z) barring of further use of the Site. Further, You agree that all terminations for causes shall be made in Wheelwell’s sole discretion and that Wheelwell shall not be liable to You or any third party for any termination of Your account or access to the Site.
This Site is controlled by Wheelwell from its offices within the United States of America. Wheelwell makes no representation that the Content in the Site or the Site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the Site, the Content, or the Terms and Conditions shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California for any legal proceedings, subsequent to the contractually agreed upon arbitration provision below, related to the Site or the Terms and Conditions.
You and Wheelwell agree that any dispute relating to this Agreement or Your use of the Site, or any services provided by Wheelwell, shall be resolved by arbitration. Arbitration will be initiated through Judicial Arbitration and Mediation Services, Inc. (“JAMS”). If JAMS is not available to arbitrate, the Parties will select an alternative arbitral forum. All costs associated with arbitration are to be split evenly between the Parties. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of You and Wheelwell. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forums rules, and the terms of arbitration. The aware of the arbitrator is final and binding upon the Parties.
These Terms and Conditions, together with the Privacy Statement, and any other executed agreement, constitutes the entire agreement between You and Wheelwell relating to Your Use of and access to, the Site and supersedes any prior or contemporaneous agreements or representations. For avoidance of doubt, notwithstanding this Section, these Terms of Conditions do not modify, revise, or amend the terms of any other agreements You may have with Wheelwell.
By accessing this Site You consent to these Terms and Conditions. If any of these terms are deemed invalid or unenforceable, they shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable term(s) should be construed as narrowly as possible in order to give effect to as much of the Terms of Conditions as possible.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions, Privacy Statement, or any other agreement, or the Company’s failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions, Privacy Statement, or any other agreement, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Nothing in these Terms and Conditions will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
Support and Questions
If you have any questions or need to contact Us for any reason relating to these Terms of Conditions, please contact Us by e-mail at firstname.lastname@example.org.
© 2021 WHEELWELL HOLDINGS, INC. All Rights Reserved