Terms of Use

Binding Arbitration. These Terms of Use provide that all disputes between you and WrenchWay that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with WrenchWay.

Availability of Platform
ACCESS TO AND USE OF THE PLATFORM IS LIMITED EXCLUSIVELY TO USERS WHO ARE 13 YEARS OF AGE OR OLDER AND LOCATED IN THE UNITED STATES OF AMERICA. Access to the Platform may not be legal by certain persons or in certain countries. Accessing the Platform or the services from if you do not meet all of the foregoing eligibility requirements or from jurisdictions where content is illegal, or where we do not offer services, is prohibited.

Changes
WrenchWay may revise and update these Terms of Use, the Platform, and any Content, service or product provided by WrenchWay from time to time in its sole discretion. All changes are effective immediately when WrenchWay posts them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

What We Do – The Platform
The Platform serves as an engagement hub between organizations (“Shops”) and technicians, instructors, or any other user primarily in the automative, diesel, or collision industries (“Users”). Shops post information about their work environment and open positions. School Users post information about their school programs and requests for assistance from Shops. Other individual Users view Shop information and also participate in surveys and discussion forums. We also post content on the Platform including best practices and guides for Shops to improve their recruiting and retention practices.

Users can access the platform for free while Shops pay fee as outlined on the Shop’s Order Form. For some Shops, as outlined on the Order Form or the Platform, we use a third-party payment processor to process credit card information. By accepting these Terms of Use, you are giving the third-party payment processor permission to charge your on-file credit card, debit card, or other approved method of payment for the premium version of the Services.

We do not make any guarantees to Shops as to the number of Users who will visit their page or the number of Users who will contact them.

We make no guarantees to Shops or Users as to the validity of the information submitted by Shops or Users. It is the responsibility of the Shop or User to do their own verification.

Access to the Platform, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

Violations of system or network security may result in civil or criminal liability. WrenchWay will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

For those portions of the Platform where access requires a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by WrenchWay. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by WrenchWay at any time with or without cause. You agree to defend, indemnify and hold WrenchWay harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by WrenchWay arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.

WrenchWay reserves the right to withdraw or amend the Platform, and any service or material we provide through the Platform, in our sole discretion without notice. We will not be liable if the Platform are unavailable, in whole or in part, at any time. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, or to users, including registered users. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete

Ownership of the Platform
All pages, features and content within this Platform and any material made available for download are the property of WrenchWay, or its licensors or suppliers, as applicable. The Platform is protected by United States copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by WrenchWay. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of WrenchWay without our express written consent.

User Contributions
The Platform allow Users and Shops to send, submit, publish, attach, display or transmit (hereinafter, “Post”) content, messages, or materials (collectively, “User Contributions”) on or through the Platform. We do not own the content or data relating to User Contributions.

You understand and acknowledge that you are responsible for any User Contributions you Post, and you, not WrenchWay, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

Account Set-Up
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or WrenchWay has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, WrenchWay may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

License to use our App
WrenchWay grants to you a nontransferable license to use the App on devices that you own or control. WrenchWay reserves all rights in and to the App not expressly granted to you under this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by WrenchWay that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Agreement. Without our prior written permission, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your device to a third party, you must remove the App from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).

Limitations on License.
The license to use our App is restricted as follows:

1. Limitations on Copying and Distribution. You may not copy or distribute the App except to the extent that copying is necessary to use the App for purposes set forth herein.
2. Limitations on Reverse Engineering and Modification; APIs. You may not (i) access or use the application programming interfaces (“APIs”) for any purpose other than your licensed use of the App or (ii) reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law.
3. Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the App on a device not owned and controlled by you.
4. Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the App or its documentation.
5. Use in Accordance with Documentation. All use of the App must be in accordance with its then current documentation, if any, provided with the App or made available on WrenchWay’s website.
6. Confidentiality. You must hold the App and any related documentation in strict confidence for your own use only.
7. Compliance with Applicable Law. You are solely responsible for ensuring your use of the App is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

Location-Enabled Features
Certain location-enabled functionality made available through our Platform is provided by Google Inc., Apple Inc., and other third party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.

Modified Devices and Operating Systems
WrenchWay will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the App on Modified Devices will be at your sole and exclusive risk and liability.

Electronic Communications
When you use the Platform or services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. WrenchWay may contact you by telephone, mail, or email to verify your Account information. WrenchWay may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform and the services until you provide the information to us as requested.

Trademarks
The WrenchWay name, the WrenchWay logo, and all related names, logos, product and service names, designs and slogans are trademarks of the WrenchWay or its affiliates or licensors. You must not use such marks without the prior written permission of WrenchWay. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

Reliance on Information Posted
WrenchWay attempts to ensure the integrity and accuracy of the Platform, however, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content or User Content thereon. The information presented on or through the Platform is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. WrenchWay disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform may contain typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform WrenchWay so that it can be corrected. WrenchWay reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, WrenchWay will have no responsibility or liability for information or Content posted to the Platform from any non-WrenchWay affiliated third party

This Platform may include Content and User Contributions provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WrenchWay, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WrenchWay. WrenchWay and its affiliates are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Third Party Links
Links to third party websites may appear on the Platform. Links to third party websites are provided for your convenience only. WrenchWay makes no representations whatsoever about any other website that you may access through the Platform. This includes links contained in advertisements, including banner advertisements and sponsored links. When you access a non-WrenchWay website, please understand that it is independent from WrenchWay, and that WrenchWay has no control over the content on that website. In addition, a link to a non-WrenchWay website does not mean that WrenchWay endorses or accepts any responsibility for the content, or the use, of the linked website WrenchWay has no control over the contents of those sites or resources and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the third party websites. WrenchWay does not accept any responsibility for the third party websites or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for the third party websites and not by these Terms of Use.

User Contributions and other Postings to the Platform
If you submit, upload or post User Contributions, including any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Platform you agree not to provide any User Contributions that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Platform through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to WrenchWay that you have the legal right and authorization to provide all User Contributions to WrenchWay for the purposes and WrenchWay’s use as set forth herein. WrenchWay has a royalty-free, irrevocable, transferable right and license to use the User Contributions in whatever manner WrenchWay desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Contributions and/or incorporate such User Contributions into any form, medium or technology throughout the world. WrenchWay is and shall be under no obligation (1) to maintain any User Contributions in confidence; (2) to pay to you any compensation for any User Contributions; or (3) to respond to any User Contributions.

WrenchWay does not regularly review posted User Contributions, but does reserve the right (but not the obligation) to monitor and edit or remove any User Contributions submitted to the Platform. You grant WrenchWay the right to use the name that you submit in connection with any User Contributions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Contributions. You are and shall remain solely responsible for the content of any User Contributions you make. WrenchWay and its affiliates take no responsibility and assume no liability for any User Contributions submitted by you or any third party.

You agree to defend, indemnify and hold WrenchWay harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by WrenchWay arising out of any User Contributions you post or allow to be posted to the Platform.

Prohibited Uses
You may use the Platform for your personal use or internal business purposes only, and in accordance with these Terms of Use, except as otherwise expressly authorized or approved in writing by WrenchWay. Except as expressly permitted in accordance with these Terms of Use, you must not reproduce, repurpose, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, use, sell, re-sell, access, or transmit any portion of the Platform or Content.

You must not use the Platform to harm others or the Platform itself. You agree not to: (a) use the Platform in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) access or use the Platform to build a similar or competing service, website, or application; (c) reverse engineer any portion of the Platform; (d) use the Platform for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (e) collect or store personal data about other account users or attempt to gain access to other user accounts or otherwise mine information about the Platform or the users of either; (f) use any robot, spider, or other automatic device, process or means, to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (h) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; or (i) use any device, software, or technology to attack the Platform or otherwise attempt to interfere with the proper working of the Platform.

IMPROPER USE OF THE PLATFORM, CONTENT, OR SERVICES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES AND ENFORCEMENT FOR DAMAGES TO THE FULLEST EXTENT OF APPLICABLE LAW. Further, improper use of the Platform or any and/or all Content automatically terminates any rights set forth in this Section 16 without prejudice to any other remedy provided by applicable law or these Terms of Use.

Monitoring and Enforcement; Termination
WrenchWay has the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform, and (b) terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, WrenchWay has the right to fully cooperate with any law enforcement authorities or court order requesting or directing WrenchWay to disclose the identity or other information of anyone posting any materials on or through the Platform.

WrenchWay does not undertake to review the material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, WrenchWay assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. WrenchWay has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Intellectual Property
WrenchWay retains all right, title, and interest in and to the Platform, the services and any information, products, documentation, software, or other materials on the Platform, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Platform licensed by WrenchWay. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of WrenchWay trademarks, service marks, and logos are strictly prohibited without the prior written permission of WrenchWay. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Platform. Nothing contained on the Platform should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Platform without the written grant thereof by WrenchWay or the third party owner of such trademarks, service marks, or logos. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Feedback
You may elect to provide comments, suggestions, enhancements or recommendations to the Platform or services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Platform or services) (collectively, “Feedback“). We always appreciate your Feedback and other suggestions about our Platform and services; however, you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. In accordance with this, you hereby grant to WrenchWay a world-wide, royalty free, irrevocable, perpetual license to use Feedback for any purpose whatsoever.

Linking to the Platform and Social Media Features
You may link to the Platform, provided you do so in a way that is fair and legal and does not damage WrenchWay’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of WrenchWay without the express written consent. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with Content Standards set out in these Terms of Use.

Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

WrenchWay respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to WrenchWay’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Platform
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice (“Notice“) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:

   “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Mark Wilson
100 S. 1st Street, Suite 101
Mount Horeb, WI 53572

Disclaimer of Warranties
WRENCHWAY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THIS PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE AND SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. WRENCHWAY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PLATFORM AND SERVICES, AND LINKED WEBSITES. WRENCHWAY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WRENCHWAY DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES OR CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE. THE AVAILABILITY OF THIRD PARTY INFORMATION, EDUCATION, PRODUCTS, AND SERVICES THROUGH THE PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OF SUCH THIRD PARTIES OR THIRD PARTY MATERIAL BY WRENCHWAY.

Limitation on Liability
IN NO EVENT WILL WRENCHWAY, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE PLATFORM, OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY ASPECT OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF WRENCHWAY AND ITS AFFILIATES TO YOU WITH RESPECT TO THE PLATFORM, OR SERVICES OR YOUR USE OF THE PLATFORM, OR SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO WRENCHWAY UNDER AN ACTIVE SHOP ORDER FORM IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (B) FIVE DOLLARS ($5). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

Assignment
You may not assign, transfer, or delegate the Terms of Use or any part thereof without WrenchWay’s prior written consent. WrenchWay may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

Force Majeure
We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms of Use or our Privacy Notice due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

Governing Law
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution; Arbitration Agreement
YOU AND WRENCHWAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this Section 18. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you seek arbitration or elect to file a small claim court action, you must first send WrenchWay, by certified mail, a written notice of your claim (a “Notice”) to PO Box 186, Mount Horeb, WI 53572. If WrenchWay initiates the arbitration, it will send such Notice to you in accordance with this section. A Notice, whether sent by you or WrenchWay, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and WrenchWay do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or WrenchWay may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WRENCHWAY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE PLATFORM MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by WrenchWay of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any delay or failure on the part of WrenchWay to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

No Liability for Select Third Parties
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Platform, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Platform. WrenchWay, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Platform or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE PLATFORM, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Platform or your possession and use of the Platform infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

Entire Agreement
The Terms of Use and Privacy Notice constitute the sole and entire agreement between you and WrenchWay with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Contact Us
All feedback, comments, requests for technical support and other communications relating to the Platform should be sent to info@wrenchway.com.