Terms and Conditions
Agreement between User and www.detailbookie.com
Welcome to www.detailbookie.com. The www.detailbookie.com website (the “Site”) is comprised of various web pages operated byDemiWare, LLC. (“Detail Bookie”). www.detailbookie.com is offered to you conditioned on your acceptance without modification ofthe terms, conditions, and notices contained herein (the “Terms”). Your use of www.detailbookie.com constitutes your agreement toall such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.detailbookie.com is an E-Commerce Site.
Software Solutions for Detailers.
Privacy
Your use of www.detailbookie.com is subject to Detail Bookie’s Privacy Policy. Please review our Privacy Policy, which also governsthe Site and informs users of our data collection practices.
Electronic Communications
Visiting www.detailbookie.com or sending emails to Detail Bookie constitutes electronic communications. You consent to receiveelectronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to youelectronically, 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 toyour computer, and you agree to accept responsibility for all activities that occur under your account or password. You may notassign or otherwise transfer your account to any other person or entity. You acknowledge that Detail Bookie is not responsible forthird party access to your account that results from theft or misappropriation of your account. Detail Bookie and its associatesreserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Detail Bookie does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If youare under 18, you may use www.detailbookie.com only with permission of a parent or guardian.
Cancellation/Refund Policy
A request to cancel a Detail Bookie application must be initiated at least 10 days prior to the next invoice date. Any request to cancela Detail Bookie application must be made by completing the DemiWare, LLC. DBA Detail Bookie Termination of Service form andemailed to accounting@detailbookie.com for processing.
Simply canceling the credit/debit card with a Detail Bookie account does not cancel the account. Detail Bookie will continue to treatthis as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-partycollection service. It is imperative that you speak with a Detail Bookie representative or submit an online ticket with the cancellationform if you wish to initiate cancelation of your Detail Bookie account. Likewise, returning an ACH payment does not cancel theaccount.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, such as payments for DetailBookie Services, charged installments or annual contract charges, portions of which may not yet have been invoiced when youcancelled. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balancemay be turned over to a third-party collection service.
Links to Third Party Sites/Third Party Services
www.detailbookie.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DetailBookie and Detail Bookie is not responsible for the contents of any Linked Site, including without limitation any link contained in aLinked Site, or any changes or updates to a Linked Site. Detail Bookie is providing these links to you only as a convenience, and theinclusion of any link does not imply endorsement by Detail Bookie of the site or any association with its operators.
Certain services made available via www.detailbookie.com are delivered by third party sites and organizations. By using any product,service or functionality originating from the www.detailbookie.com domain, you hereby acknowledge and consent that Detail Bookiemay share such information and data with any third party with whom Detail Bookie has a contractual relationship to provide therequested product, service or functionality on behalf of www.detailbookie.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 www.detailbookie.com strictly in accordancewith these terms of use. As a condition of your use of the Site, you warrant to Detail Bookie that you will not use the Site for anypurpose 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 toobtain 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 softwareused on the Site, is the property of Detail Bookie or its suppliers and protected by copyright and other laws that protect intellectualproperty and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or otherrestrictions 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 wayexploit any of the content, in whole or in part, found on the Site. Detail Bookie content is not for resale. Your use of the Site does notentitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rightsor attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of thecontent without the express written permission of Detail Bookie and the copyright owner. You agree that you do not acquire anyownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DetailBookie or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Detail Bookie account to third party accounts. By connecting your Detail Bookie account to yourthird party account, you acknowledge and agree that you are consenting to the continuous release of information about you toothers (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared inthis manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Detail Bookie from our offices within the USA. If you access the Service froma location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Detail BookieContent accessed through www.detailbookie.com in any country or in any manner prohibited by any applicable laws, restrictions orregulations.
Indemnification
You agree to indemnify, defend and hold harmless Detail Bookie, its officers, directors, employees, agents and third parties, for anylosses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to usethe Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of athird party, or your violation of any applicable laws, rules or regulations. Detail Bookie reserves the right, at its own cost, to assumethe exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperatewith Detail Bookie 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, orany provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such disputeshall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitratorand administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a locationmutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court havingjurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms andConditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate alldisputes 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 FederalArbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope andenforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the terminationof these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations andclass/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THEOTHER 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 ACTIONAGAINST THE OTHER. Further, unless both you and Detail Bookie agree otherwise, the arbitrator may not consolidate more than oneperson’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 INCLUDEINACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEMIWARE,LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DEMIWARE, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINEDON 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 OFANY KIND. DEMIWARE, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TOTHIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES ORCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEMIWARE, LLC. AND/OR ITS SUPPLIERS BELIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGESWHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE ORRELATED 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 OFTHE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEMIWARE, LLC. ORANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONMAY 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
Detail Bookie reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portionthereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State ofAlabama and you hereby consent to the exclusive jurisdiction and venue of courts in Alabama in all disputes arising out of or relatingto 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 Detail Bookie as a result ofthis agreement or use of the Site. Detail Bookie’s performance of this agreement is subject to existing laws and legal process, andnothing contained in this agreement is in derogation of Detail Bookie’s right to comply with governmental, court and law enforcementrequests or requirements relating to your use of the Site or information provided to or gathered by Detail Bookie with respect to suchuse. 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 deemedsuperseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of theagreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Detail Bookie with respectto the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written,between the user and Detail Bookie with respect to the Site. A printed version of this agreement and of any notice given in electronicform shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent andsubject to the same conditions as other business documents and records originally generated and maintained in printed form. It isthe express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Detail Bookie reserves the right, in its sole discretion, to change the Terms under which www.detailbookie.com is offered. The mostcurrent version of the Terms will supersede all previous versions. Detail Bookie encourages you to periodically review the Terms tostay informed of our updates.
Contact Us
Detail Bookie welcomes your questions or comments regarding the Terms:
DemiWare, LLC.