Terms of Service

Terms and Conditions

 

Agreement between User and garag.com

Welcome to garag.com. The garag.com website (the "Site") is comprised of various web pages operated by Garag, Inc. ("Garag"). garag.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of garag.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

garag.com is a Last-Mile tech logistics provider Site.

 

Garag is a courier company that provides last-mile delivery services to its portfolio of clients in the U.S.

 

Acknowledgment and Acceptance of Disclaimer and Terms and Conditions

Garag Website is owned and operated by Garag. When you obtain information to or buy services from this website, email or phone, you agree to the terms, conditions and disclaimers as amended from time to time and as set out below ("Terms & Conditions") and acknowledge that you have read and understood these Terms and Conditions. By using this Website to buy a delivery service or by registering on this Website you expressly agree to be bound by these Terms and Conditions. Please read this Disclaimer and Terms and Conditions prior to ordering any services from this Website. These Terms and Conditions govern the use of this Website and the purchase of any services from it. Garag may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this Website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended. Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact Garag prior to ordering any services from this Website. All data provided by you to Garag will be considered as confidential information and will not be disclosed by Garag to any third party except as may be required for the provision of the services you have requested Garag provides. 

Garag Terms and Conditions 

1. INTERPRETATION In these terms and conditions: "Courier" shall mean Garag ,its agents, and Sub-Contractors. "Customer" means the person or entity, or as servants or agents, entering into this contract with the Courier. "Sub-Contractor" means and includes: (a) Any person, firm or company with whom the Courier may arrange for the carriage of any goods the subject of this contract (b) Any person who is now or later a servant, agent, employee or Sub-Contractor of any other persons referred to in (a) above. 

2. COURIER IS NOT A COMMON CARRIER 
2.1 The Courier is not a common carrier and will accept no liability as such. 
2.2 All goods or articles are carried or transported and all storage and other services are performed by the Courier subject to these conditions. 
2.3 The Courier reserves the right to refuse to transport any goods for any person, firm or company at its discretion without being bound to give any reason for such refusal. 

3. RIGHT TO SUB-CONTRACT 
3.1 The Customer authorizes the Courier to engage a Sub-Contractor for the carriage of any of the goods subject to this contract at its discretion. 
3.2 The Sub-Contractor is deemed to be entitled to the full benefit of these terms and conditions to the same extent as the Courier. The Courier is deemed to have entered into this contract for its own benefit and also as agent for the Sub-Contractor. 

4. DELIVERY OF GOODS 
4.1 The Courier is authorized to deliver the goods at the address given to the Courier by the Customer for that purpose, and without prejudice to any other method of delivery. 
4.2 The Courier is taken to deliver the goods specified in the Contract in accordance with the term and conditions of the Contract if at that address the courier obtains from any person a receipt or signed delivery docket for the goods. 
4.3 If the specified place of delivery is unattended or if the Courier is otherwise unable to effect delivery, the Courier will contact the customer to arrange alternate directions, ie. request an alternative ‘ATL’, to leave safe, redelivery, alternate address or return goods to address of collection. The Customer must pay or indemnify the Courier for all costs and expenses incurred in or about for additional directions. 
4.4 If the Courier receives an 'ATL' to in accordance with Clause 4.3, this is deemed to be delivery of the goods under this contract. 
4.5 The Customer agrees to any deviation by the Courier from the usual route or manner of carriage of the goods which may be deemed by the Courier to be reasonable or necessary in the circumstances at its absolute discretion. 

5. RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS OR MISS- DELIVERY 
5.1 Unless otherwise agreed in writing, the goods are carried at the risk of the Customer and the Courier accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or mis-delivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason. 
5.2 The Customer agrees to indemnify the Courier against all loss, damage and expense sustained by any person (including the Courier) by reason of any such loss, damage, mis-delivery, non-delivery or delay in delivery as mentioned in Clause 5.1. 

6. EXPLOSIVE, INFLAMMABLE OR OTHERWISE DANGEROUS GOODS 
6.1 The Customer or the Customer's authorized agent must not tender any explosive, inflammable, or otherwise dangerous or damaging goods for carriage by the Courier unless the Customer gives the Courier a full description of the goods. 
6.2 If the Customer fails to comply with Clause 6.1, the Customer is liable for all loss and damage resulting from this breach. 

7. CLAIMING FOR LOSS OR DAMAGE 
7.1 Any claim for loss or damage to the goods the subject of this contract in whole or in part by the Customer or the Consignee must be lodged with the Courier in writing within seven (7) days from the date of dispatch of the goods. 

8. CUSTOMER'S WARRANTY AS TO OWNERSHIP OR OTHERWISE 
8.1 The Customer expressly warrants to the Courier that the Customer is either the owner of, or authorized agent of the owner, of any goods under this contract. 8.2 By entering into this contract, the Customer agrees to accept these Terms and Conditions of this contract of carriage on behalf of the Consignee, as well as for all other persons on whose behalf the Customer is signing. 
8.3 The Customer agrees to indemnify the Courier for any liability whatsoever to any person in respect of the goods subject to this Contract (other than the Customer) who claims to have, who has, or may have later on, any interest in the goods in whole or in part. 
9. CUSTOMER'S WARRANTY AS TO PACKAGING OF GOODS 
9.1 The Customer warrants that the Customer has complied with all laws and regulations relating to nature, packaging, labeling or carriage of the goods and that the goods are packed in an adequate manner to withstand the ordinary risks of carriage when having regard to the nature of the goods. 
9.2 The Customer agrees to indemnify the Courier to the extent that the Customer fails to comply with this warranty and loss or damage result from the Customer's failure to comply. 

10. INSURANCE OF GOODS 
10.1 The Courier will effect insurance of goods up to the value of $10,000 dollars as the agent of the Customer if the Customer instructs the Courier to do so in writing prior to the effect of the contract. 
10.2 To avoid doubt, it is not the responsibility of the Courier to effect insurance of goods. Insurance of goods will only be effected by the Courier for the benefit of the Customer if the Courier receives written or electronically transmitted instructions from the Customer and the Customer agrees to pay the cost of insurance. 

11. CHARGES BY THE COURIER 
11.1 The Courier's charges are deemed to be earned as soon as the driver assigned to the order for service is dispatched by the Courier. 
11.2 The Customer will be and remains responsible to the Courier for all proper charges incurred by the Courier for any reason whatsoever, including attempts and unsuccessful pick up and/or delivery attempts due to Non-Courier / Driver related issues. In the event a driver is dispatched and arrives at the pick up or delivery location, is turned away by the customer, the customer’s client or employee, all service charges are deemed forfeited to compensate travel time, labor, mileage, fuel, and any other expenses. 
11.3 The Courier is entitled to make a charge for any delay over ten (10) minutes in loading or unloading the goods which results from the Customer's default. The permissible delay period starts upon the Courier reporting at the relevant place for loading or unloading. 
11.4 The cost of any labor to load or unload the vehicle is the responsibility of the Customer or Consignee of the goods. 
11.5 The Courier has the right to cancel (see 13) the service should the goods not be ready for cartage within 10 min of the Couriers arrival at the point of collection. The Courier will notify the Customer of this in effect. 

12. TERMS OF PAYMENT 
12.1 Customers must pre-pay for each job/service in advance via credit card. For account customers, customer agrees to accept the terms of trading as strictly seven (7) days net from receipt of the Courier's invoice or statement. 
12.2 Nothing prevents the Courier from taking any action necessary to recover any unpaid courier charges. The Courier is entitled without express authorization from the Customer to recover any and all costs incurred by the Courier in recovering unpaid courier charges, including debt collection costs, commissions, legal fees and any out of pocket expense.
12.3 The Courier reserves the right to retain the Customers credit card details if provided to us for the purposes of this agreement (12.2), including to process any future payment of fees from the customer. The Customer acknowledges that they are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the processing or collection of payments. 
12.4 The Customer agrees to pay all costs, legal or otherwise, incurred in the collection of charges due and owing by the Customer to the Courier for carriage of goods. 

13. CANCELLATION CHARGES 
13.1 The Courier will charge the Customer 100% of the quoted price if the contract is cancelled after the Courier has arrived at the collection address. 
13.2 The Courier will charge the Customer 100% of the quoted price if the contract is cancelled after the contract has been accepted by the Courier. 

14. REFUNDS POLICY 
14.1 The Courier does not issue refunds under any circumstances other than services payed in advance via cash or credit card specifically related to Cancellation Charges (see 13). Any service paid for by credit card which the Courier approves of a refund (part or full) will have a refund and transaction fee applied, equal to 90% of the total fee for services charged. 
15. GOODS AND SERVICES TAX 
15.1 In this Agreement: "GST" means any tax imposed by authority of any federal, state or local law enacted by the Government of the United States, Commonwealth of Pennsylvania and includes goods and services tax. 15.2 Customer is responsible for all GST. 

​16. GENERAL 
16.1 The Customer accepts that all rights, immunities and limitations of liability accruing to the Courier under these Terms and Conditions continue to have full force and effect, notwithstanding any breach of contract or any condition by the Courier. 

16.2 The Courier is not bound by any agreement which purports to vary these Terms and Conditions unless the agreement is in writing and signed by or on behalf of the Courier by its duly authorized officer. 

16.3These Terms and Conditions are to be governed and construed by the laws of the State in which the Courier has its principal place of business wherever the contract is made. Accordingly, any proceedings in respect of any claim, matter or thing against the Courier must be instituted in that State only. 

16.4 The clauses and provisions in these Terms and Conditions are severable from each other and if for any reason any clause or provision is invalid or unenforceable, such invalidity or unenforceability does not prejudice or in any way affect the invalidity or unenforceability of any other clause or provision of these Terms and Conditions. Acknowledgment And Acceptance Of Disclaimer And Terms And Conditions The Garag Website is owned and operated by Garag DBA as Garag. When you obtain information to or buy services from this Website you agree to the terms, conditions and disclaimers as amended from time to time and as set out below ("Terms & Conditions") and acknowledge that you have read and understood these Terms and Conditions. By using this Website to buy a delivery service or by registering on this Website you expressly agree to be bound by these Terms and Conditions. Please read this Disclaimer and Terms and Conditions prior to ordering any services from this Website. These Terms and Conditions govern the use of this Website and the purchase of any services from it. Garag may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this Website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended. Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact Garag prior to ordering any services from this Website. All data provided by you to Garag will be considered as confidential information and will not be disclosed by Garag to any third party except as may be required for the provision of the services you have requested Garag provides. Garag Terms and Conditions 1. INTERPRETATION In these terms and conditions: "Courier" shall mean Garag its agents and Sub-Contractors. "Customer" means the person or entity, or as servants or agents, entering into this contract with the Courier. "Sub-Contractor" means and includes: (a) Any person, firm or company with whom the Courier may arrange for the carriage of any goods the subject of this contract (b) Any person who is now or later a servant, agent, employee or Sub-Contractor of any other persons referred to in (a) above. 2. COURIER IS NOT A COMMON CARRIER 2.1 The Courier is not a common carrier and will accept no liability as such. 2.2 All goods or articles are carried or transported and all storage and other services are performed by the Courier subject to these conditions. 2.3 The Courier reserves the right to refuse to transport any goods for any person, firm or company at its discretion without being bound to give any reason for such refusal. 3. RIGHT TO SUB-CONTRACT 3.1 The Customer authorizes the Courier to engage a Sub-Contractor for the carriage of any of the goods subject to this contract at its discretion. 3.2 The Sub-Contractor is deemed to be entitled to the full benefit of these terms and conditions to the same extent as the Courier. The Courier is deemed to have entered into this contract for its own benefit and also as agent for the Sub-Contractor. 4. DELIVERY OF GOODS 4.1 The Courier is authorized to deliver the goods at the address given to the Courier by the Customer for that purpose, and without prejudice to any other method of delivery. 4.2 The Courier is taken to deliver the goods specified in the Contract in accordance with the term and conditions of the Contract if at that address the courier obtains from any person a receipt or signed delivery docket for the goods. 4.3 If the specified place of delivery is unattended or if the Courier is otherwise unable to effect delivery, the Courier will contact the customer to arrange alternate directions, ie. request an alternative ‘ATL’, to leave safe, redelivery, alternate address or return goods to address of collection. The Customer must pay or indemnify the Courier for all costs and expenses incurred in or about for additional directions. 4.4 If the Courier receives an 'ATL' to in accordance with Clause 4.3, this is deemed to be delivery of the goods under this contract. 4.5 The Customer agrees to any deviation by the Courier from the usual route or manner of carriage of the goods which may be deemed by the Courier to be reasonable or necessary in the circumstances at its absolute discretion. 5. RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS OR MISS- DELIVERY 5.1 Unless otherwise agreed in writing, the goods are carried at the risk of the Customer and the Courier accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or mis-delivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason. 5.2 The Customer agrees to indemnify the Courier against all loss, damage and expense sustained by any person (including the Courier) by reason of any such loss, damage, mis-delivery, non-delivery or delay in delivery as mentioned in Clause 5.1. 6. EXPLOSIVE, INFLAMMABLE OR OTHERWISE DANGEROUS GOODS 6.1 The Customer or the Customer's authorized agent must not tender any explosive, inflammable, or otherwise dangerous or damaging goods for carriage by the Courier unless the Customer gives the Courier a full description of the goods. 6.2 If the Customer fails to comply with Clause 6.1, the Customer is liable for all loss and damage resulting from this breach. 7. CLAIMING FOR LOSS OR DAMAGE 7.1 Any claim for loss or damage to the goods the subject of this contract in whole or in part by the Customer or the Consignee must be lodged with the Courier in writing within seven (7) days from the date of dispatch of the goods. 8. CUSTOMER'S WARRANTY AS TO OWNERSHIP OR OTHERWISE 8.1 The Customer expressly warrants to the Courier that the Customer is either the owner of, or authorized agent of the owner, of any goods under this contract. 8.2 By entering into this contract, the Customer agrees to accept these Terms and Conditions of this contract of carriage on behalf of the Consignee, as well as for all other persons on whose behalf the Customer is signing. 8.3 The Customer agrees to indemnify the Courier for any liability whatsoever to any person in respect of the goods subject to this Contract (other than the Customer) who claims to have, who has, or may have later on, any interest in the goods in whole or in part. 9. CUSTOMER'S WARRANTY AS TO PACKAGING OF GOODS 9.1 The Customer warrants that the Customer has complied with all laws and regulations relating to nature, packaging, labelling or carriage of the goods and that the goods are packed in an adequate manner to withstand the ordinary risks of carriage when having regard to the nature of the goods. 9.2 The Customer agrees to indemnify the Courier to the extent that the Customer fails to comply with this warranty and loss or damage result from the Customer's failure to comply. 10. INSURANCE OF GOODS 10.1 The Courier will effect insurance of goods up to the value of $100,000 dollars as the agent of the Customer if the Customer instructs the Courier to do so in writing prior to the effect of the contract. 10.2 To avoid doubt, it is not the responsibility of the Courier to effect insurance of goods. Insurance of goods will only be effected by the Courier for the benefit of the Customer if the Courier receives written or electronically transmitted instructions from the Customer and the Customer agrees to pay the cost of insurance. 11. CHARGES BY THE COURIER 11.1 The Courier's charges are deemed to be earned as soon as the driver assigned to the order for service is dispatched by the Courier. 11.2 The Customer will be and remains responsible to the Courier for all proper charges incurred by the Courier for any reason whatsoever, including attempts and unsuccessful pick up and/or delivery attempts due to Non-Courier / Driver related issues. In the event a driver is dispatched and arrives at the pick up or delivery location, is turned away by the customer, the custom

These terms and conditions are provided by Garag and, in part, describe the terms under which the services are provided by Garag.

1. Garag provides an independent medical and research specimen collection, processing, and delivery services. Garag IS NOT a medical laboratory and does not conduct laboratory testing. Garag IS NOT a partner or subsidiary of any medical laboratory.

2. Once specimens are delivered, Garag has no control over the handling, processing, and testing of specimens, or reposting of those results to the prescribing practitioner. The laboratory is solely responsible for proper handling, processing, testing and results reporting. Garag is NOT responsible IF the laboratory fails to do any of the above properly or in a timely fashion.


3. While most common laboratory tests require the same or similar type of sample (whole blood, plasma, serum, urine, etc.) no matter what laboratory is performing the testing, every laboratory has its own specimen requirements for sample type, processing, and handling. While every effort is made to collect adequate and acceptable specimens, it is impossible to know the specific requirements for every test done by every laboratory. Furthermore, some laboratory tests cannot be collected in the field because the sample requires special handling that is impossible to perform outside a laboratory environment. In addition, some laboratory tests require the sample to undergo additional processing IN THE LABORATORY, as soon as it is delivered to the laboratory, which cannot be done in the field. Given these facts, there is a possibility that inadequate samples or no samples will be obtained. Garag is NOT responsible [f the laboratory fails to perform any additional pre-analytical sample processing required after we deliver the samples to the laboratory.


4. Garag specimen collection and delivery services are provided ONLY at the direction of and under specific order from a duly licensed medical practitioner/Laboratories authorized to prescribe and order medical diagnostic testing. You cannot request specimen collection services without a valid laboratory order from an authorized medical practitioner.

5. Garag personnel cannot materially change or in any way alter the laboratory collected package. It is against the law for any medical care provider to change a practitioner’s order without express consent from the prescribing practitioner. 


6. Garag is not a limousine or personal courier service. We cannot transport Individuals from a laboratory to another one or hospital. We cannot deliver any personal items.

7. We have a 48-hour cancellation policy. Appointments cancelled without at least 48 hours' notice will be charged a 50% cancellation fee for all services scheduled on that day. Appointments canceled at time of service or "no shows" " be charged the full fee for services scheduled on that day.

8. EXCEPT AS EXPRESSLY STATED HEREIN THE SERVICES OF GARAGARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. GARAGAND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GARAGNOR ITS AFFILIATES, SUPPLIERS OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE GARAGINC LOGISTICS. IN SUCH STATES/JURISDICTIONS, THE GARAGINC LOGISTICS'S LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. These terms constitute the entire understanding between you and Garag and no amendment or modification of its terms shall be valid or binding unless in writing and signed by an authorized representative of The Garag Inc Logistics.

 

Electronic Communications

Visiting garag.com or sending emails to Garag 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.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Garag is not responsible for third party access to your account that results from theft or misappropriation of your account. Garag and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

Garag does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use garag.com only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

garag.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Garag and Garag 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. Garag is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Garag of the site or any association with its operators.

 

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

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use garag.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Garag 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 Garag 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. Garag 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 Garag 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 Garag or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Garag has no obligation to monitor the Communication Services. However, Garag reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Garag reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Garag reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Garag's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Garag does not control or endorse the content, messages or information found in any Communication Service and, therefore, Garag specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Garag spokespersons, and their views do not necessarily reflect those of Garag.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to garag.com or Posted on Any Garag Web Page

Garag does not claim ownership of the materials you provide to garag.com (including feedback and suggestions) or post, upload, input or submit to any Garag Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Garag, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Garag is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Garag's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Accounts

You will be able to connect your Garag account to third party accounts. By connecting your Garag 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 Garag 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 Garag Content accessed through garag.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 Garag, 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. Garag 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 Garag 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.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Garag agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

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. GARAG, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

GARAG, INC. 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. GARAG, INC. 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 GARAG, INC. 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 GARAG, INC. 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.

 

Termination/Access Restriction

Garag 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 Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware 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 Garag as a result of this agreement or use of the Site. Garag's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Garag'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 Garag 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 Garag with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Garag 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

Garag reserves the right, in its sole discretion, to change the Terms under which garag.com is offered. The most current version of the Terms will supersede all previous versions. Garag encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Garag welcomes your questions or comments regarding the Terms

Email Address:

info@garag.com 

Effective as of October 01, 2020