TEST DRIVER FOR HIRE TERMS AND CONDITIONS

These terms and conditions, together with the rules, policies, terms and conditions set forth in, referred to herein, all of which are incorporated herein by reference, are, collectively, the

“Agreement.” This Agreement is a legal contract between you and Test Driver For Hire, LLC (“Test Driver For Hire”). By visiting our website testdriverforhire.com (“Site”) or ordering an

inspection with Test Driver For Hire, you agree to be bound by these terms and conditions. This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs and services made available by Test Driver For Hire (the “Services”), including an agreement to engage in binding arbitration to resolve any disputes between us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

The rights and obligations in your agreement with Test Driver For Hire are personal to you, and not transferable to another party. You must be at least 18 years old to order an inspection with Test Driver For Hire. IF YOU ARE UNDER 18 YEARS OLD OR DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. ACCEPTANCE OF TERMS AND CONDITIONS
   
   

   1. Access as Acceptance. Your access and use of the Services constitutes your agreement to be bound by this Agreement. If you do not agree to the Terms, you may not access or use the Services. The Terms, together with any Supplemental Terms (as defined below), expressly supersede prior agreements or arrangements with you, and supersede content or information you read or have access to at other places, such as our website, emails, or applications. Test Driver For Hire may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.
      
      

   2. Supplemental Terms. Supplemental terms are any additional terms or policies applicable to a particular Service that are provided with that Service (“Supplemental
      Terms”). Supplemental Terms may include terms and conditions of any particular event, activity, program or promotion. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
      
      

   3. Amendment to Terms. Test Driver For Hire may amend the Terms from time to time. Amendments will be effective upon Test Driver For Hire's posting of such updated Terms or such amended Supplemental Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
      
      

   4. Representations of User. By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. If you enter into this Agreement on
      behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.
      
      

2. THE SERVICES
   
   

   1. Nature of Test Driver For Hire Inspections. When you place your order with Test Driver For Hire, you are hiring us to evaluate the overall condition of the designated vehicle, based on what our inspectors can subjectively observe. Test Driver For Hire inspectors do not use hoists or tools or dismantle the vehicles. The Test Driver For Hire service is a visual inspection of all reasonably accessible items only, and some problems may not be observable during the inspection. The Test Driver For Hire inspector will attempt to test drive the vehicle, but if this is not feasible, a test drive will not be conducted. Once the inspection is completed, you will receive a hyperlink/email of the inspector's report, along with a package of photographs and/or video(s) of the vehicle.
      
      

   2. Test Driver For Hire Service Limited to Inspection Test Driver For Hire performs inspection services only. Test Driver For Hire is not affiliated with the seller of the vehicle and does not take a position on whether you should, or should not, purchase the vehicle. Test Driver For Hire does not verify that the seller has the legal right to sell the vehicle. Test Driver For Hire is not responsible for any representations made by the seller or any other party.
      
      

   3. Inspection Is Not An Insurance Policy or Warranty. An inspection does not act as a warranty or as an insurance policy for any vehicle. You acknowledge and agree that if you purchase any vehicle inspected by Test Driver For Hire, you are fully responsible for all costs for repairs and maintenance on your vehicle, whether or not covered by any other insurance policy or warranty. You acknowledge and agree that the decision to purchase any vehicle remains your own responsibility and that you are responsible for determining whether a vehicle is under warranty or properly insured.
      
      

   4. Vehicle Remains "As Is". You agree that, even after inspection, you will be purchasing the vehicle in an "as is" condition, unless otherwise warranted by the seller. Because a vehicle's condition may change between the time the inspection is conducted and the actual purchase of the vehicle, we recommend having the inspection completed as close in time to the purchase as possible. The Test Driver For Hire report is not a substitute for any safety or emissions inspection that may be required by applicable state laws. You acknowledge and agree that the Test Driver For Hire inspection does create any warranty for any vehicle you may purchase and that your right to recover for any defects in the vehicle, whether or not disclosed in the Test Driver For Hire report, is limited to any warranty the seller may offer.
      
      

   5. Factors Affecting Inspections. Test Driver For Hire inspections may be affected by weather and light conditions, as well as the cleanliness of the vehicle, both inside and out, at the time of the inspection. Many external factors, beyond our control, can reduce the
      accuracy of the inspection, making things such as repainting and body work difficult to detect with the naked eye. For the most accurate inspection report, the vehicle must be clean, dry and situated in well-lit location at the time of inspection. However, Test Driver For Hire does not agree to take any steps or actions affecting the vehicle's condition at the time of the inspection. Test Driver For Hire strongly suggests that you contact the seller and make all necessary accommodations to ensure that the vehicle is as clean as possible and available in a suitable location for an inspection.
      
      

      1. 1. Cancellation. Once your order is placed, all sales are final. Test Driver For Hire may decline to undertake the requested inspection, in which case your prepaid inspection fee will be promptly refunded. However, you cannot cancel your order for a refund.
            
            

         2. Unforeseeable Circumstances. You agree that if Test Driver For Hire is prevented from the performance of the inspection or report due to circumstances or causes beyond its control, such as computer malfunctions, restrictive laws or regulations, labor disputes, or acts of God, Test Driver For Hire is excused from further obligations. Test Driver For Hire, in its sole discretion, may cancel such an inspection.
            
            

         3. Refund Policy after Inspection Report. If you believe there are inaccuracies in the inspection report, you must submit them to us (emailed to testdriverforhire@gmail.com) within seven (7) days for consideration of a refund, include pictures and specific details addressing the issue(s). Due to the complex mechanical nature of automobiles and factors that may affect their continued performance, all submissions must be received by Test Driver For Hire within seven (7) days of the report being delivered to you.
            
            

         4. Endorsements. Links provided from our website, testdriverforhire.com, to another website, are not endorsements.

   6. 
      
      

      1. 1. Contact Information. All customer service communications to Test Driver For Hire must be addressed to testdriverforhire.com.
            
            

         2. Privacy. At Test Driver For Hire, we care about our customers' privacy. By purchasing a vehicle inspection through Test Driver For Hire you will be providing certain personal information to us. Test Driver For Hire will only share your information with our affiliates to carry out the intent of the service you purchased from us. We will not share your information with an unaffiliated third party, unless we are required to do so by law.
            
            

         3. Communications with Inspectors. You agree to communicate only with Test Driver For Hire about your inspection and to not contact any inspector directly. If you attempt to contact the inspector without Test Driver For Hire's consent, or attempt to remove Test Driver For Hire from the inspection process, Test Driver For Hire has the right to cancel the inspection and keep your payment.
            
            

         4. Other State Laws. Some states do not allow the limitation, exclusion or disclaimer of implied warranties or incidental and consequential damages, so the limitations or disclaimers in this agreement may not apply to you.

         5. Severability. If any section of this agreement is found by competent authority to be invalid, illegal or unenforceable in any respect and for any reason, the validity, legality and enforceability of the unaffected remainder of such section and the remainder of the agreement will continue in effect.
            
            

         6. No Third-Party Inspections. By purchasing a Test Driver For Hire inspection, you agree that you are purchasing the inspection for your own use and will not resell the inspection to third parties or use the inspection other than for your own evaluation of the vehicle being inspected.
            
            

         7. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
            
            

         8. Ownership. The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the Test Driver For Hire Site is the property of Test Driver For Hire and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, “Marks”) of Test Driver For Hire. Our Marks may not be used for any purpose. All other Marks are the property of their respective owners and may not be used without their prior written consent.
            
            

         9. Service Incidents. We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Test Driver For Hire shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Test Driver For Hire has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

3. INDEMNIFICATION
   
   

   1. You hereby agree to indemnify, defend, and hold harmless Test Driver For Hire and any of its owners, partners, members, investors, representatives, or employees from and against any and all claims, losses, expenses, liabilities, damages or demands (including
      attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Test Driver For Hire Site, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another, and (v) your information and content that you submit or transmit through the Test Driver For Hire Site. Test Driver For Hire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Test Driver For Hire.
      
      

4. LIMITATION OF LIABILITY
   
   

   1. YOU AGREE THAT ALL SERVICES FROM TEST DRIVER FOR HIRE ARE PROVIDED ON AN "AS IS, WITH ALL DEFECTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES IN THE SERVICES CONSTITUTES A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT TEST DRIVER FOR HIRE'S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE TEST DRIVER FOR HIRE INSPECTION.
      
      YOU AGREE THAT IN NO EVENT WILL EITHER TEST DRIVER FOR HIRE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANY VEHICLE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
      
      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TEST DRIVER FOR HIRE OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR THE ASSOCIATED JOB.
      
      

5. RESOLUTION OF DISPUTES - ARBITRATION
   
   

   1. Any controversy or claim arising out of or relating to these terms and conditions, or the breach thereof, or any disputes or claims relating to inspections provided by Test Driver For Hire must be settled by arbitration administered by the American Arbitration
      Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration must occur at a location of Test Driver For Hire's choosing in Logan, Utah. The parties will pay their respective costs and expenses of arbitration. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Test Driver For Hire's intellectual property rights, Test Driver For Hire may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, and you consent to exclusive jurisdiction and venue in such courts.
      
      

6. APPLICABLE LAW

   1. Governing Law. The Terms and Conditions, including any warranties, shall be governed by and construed under the laws of the State of Utah.

   2. Jurisdiction. We control the Test Driver For Hire Site and/or Service from our location within the United States of America. We make no representation that the content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating the Site and/or Service, the services provided through the Site, or the content shall be governed by the internal laws of the state of Utah, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cache County, Utah, U.S.A.

   3. Venue. You will not commence or prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement other than in the state or federal courts located in Utah. You irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement and hereby waive the right to challenge the jurisdiction of such courts on grounds of lack of personal jurisdiction or forum non conveniens or to otherwise seek a change of venue. This choice of venue is intended to be mandatory, and not permissive, in nature. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. A printed version of this Agreement and of any related 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.
      
      

7. DISCLAMER

   1. THE SITE AND/OR SERVICE IS PROVIDED ON AN AS-IS AND AS- AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND/OR SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND/OR SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, SERVICE OR PRODUCTS (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND/OR SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE AND/OR SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND/OR SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.