Siteler, the largest onsite auto service platform

Let's start with your contact info

First Name:

Last Name:

Email:

Phone:

Term of Use:

SITELER SERVICE PROVIDER SOFTWARE LICENSE AND ONLINE SERVICES AGREEMENT
Last update: April 23, 2015
This Software License and Online Services Agreement (“Agreement”) constitutes a legal agreement between you, an individual (“you”) and Siteler, Inc. 
Siteler, Inc. (“Siteler”) provides lead generation to independent providers of Auto Care/Auto Detailing/Auto Cleaning Services or peer-to-peer (collectively, “P2P”) Auto Care services using the Siteler Services (as defined below). The Siteler Services enable an authorized Auto Care provider to seek, receive and fulfill requests for Auto Care services from an authorized Customer of Siteler’s mobile application. You desire to enter into this Agreement for the purpose of accessing and using the Siteler Services.
You acknowledge and agree that Siteler, Inc. is a technology services provider that does not provide Auto Care services.
In order to use the Siteler Services, you must agree to the terms and conditions that are set forth below. Upon your execution (electronic or otherwise) of this Agreement, you and Siteler Inc. shall be bound by the terms and conditions set forth herein.
IMPORTANT: PLEASE NOTE THAT TO USE THE SITELER SERVICES, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE SITELER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION. BY VIRTUE OF YOUR ELECTRONIC EXECUTION OF THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.
1. Definitions
1.1  “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity. 
1.2  “City Addendum” means an addendum to this Agreement setting forth additional Territory- specific terms, as updated by Siteler from time to time. 
1.3  “Siteler Data” means all data related to the access and use of the Siteler Services hereunder, including all data related to Customers (including Customer Information). 
1.4  “Device” means a Siteler Device or Your Device, as the case may be. 
1.5  “Siteler App” means the mobile application provided by Siteler that enables Auto Care providers to access the Siteler Services for the purpose of seeking, receiving and fulfilling on- demand requests for Auto Care services by Customers, as may be updated or modified from time to time. 
1.7  “Siteler ID” means the identification and password key created by you, that enables you to use and access the Siteler App. 
1.8  “Service Charge” has the meaning set forth in Section 4.1. 
1.9  “Service Fee” has the meaning set forth in Section 4.4. 
1.10  “Territory” means the city or metro areas in the United States in which you are enabled by the Siteler App to provide Auto Care Services. 
1.12  “Auto Care Services” means your provision of P2P Auto Care services to Customers via the Siteler Services in the Territory. 
1.13  “Siteler Services” mean Siteler’s on-demand lead generation and related services licensed by Siteler to Sitelers that enable Auto Care providers to seek, receive and fulfill on-demand requests for Auto Care services by Customers seeking Auto Care services, which services include Siteler’s software, websites, payment services as described in Section 4 below, and related support services systems, as may be updated or modified from time to time. 
1.14  “Customer” means an end Customer authorized by Siteler to use the Siteler mobile application for the purpose of obtaining Auto Care Services offered by Siteler.
1.15  “Customer Information” means information about a Customer made available to you in connection with such Customer’s request for and use of Auto Care Services, which may include the Customer’s name, service location, contact information, vehicle make and photo. 
1.16  “Equipment” means your tools and chemicals that: (a) meets the current Siteler requirements for all Siteler’s that provide Siteler Services; and (b) Siteler authorizes for your use for the purpose of providing Auto Care Services. 
1.17 “Your Device” means a mobile device owned or controlled by you: (a) that meets the then- current Siteler specifications for mobile devices as set forth at www.siteler.com/byod-devices; and (b) on which the Siteler App has been installed as authorized by Siteler solely for the purpose of providing Auto Care Services.
2. Use of the Siteler Services
2.1  Siteler IDs. You will create a SITELER ID to enable you to access and use the Siteler App on a Device in accordance with this Agreement. You acknowledge and agree that you are required to fulfill a request for Auto Care Services using the Siteler App at least twice a month to maintain an active Siteler profile, and Siteler reserves the right to deactivate your Siteler ID if you have not fulfilled a request for Auto Care Services using the Siteler App at least twice a month. You agree that you will maintain your Siteler ID in confidence and not share your Siteler ID with any third party. You will immediately notify Siteler of any actual or suspected breach or improper use or disclosure of your Siteler ID or the Siteler App. 
2.2  Provision of Auto Care Services. If you accept a request for Auto Care Services, the Siteler Service will provide you with certain Customer Information via the Siteler App, including the Customer’s first name and service location. It is recommended that you wait at least ten (10) minutes for a Customer to be at the requested service location. You will know the service requested from the Customer, from the Siteler App. You acknowledge and agree that once you have accepted a Customer’s request for Auto Care Services, Siteler’s mobile application may provide certain information about you to the Customer, including your first name, contact information, photo and location. You shall not contact any Customers for any reason except for the purposes of fulfilling Auto Care Services. As between Siteler and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Auto Care Services; and (b) you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform Auto Care Services. 
2.3  Your Relationship with Customers. You acknowledge and agree that your provision of Auto Care Services to Customers creates a direct business relationship between you and the Customer. Siteler is not responsible or liable for the actions or inactions of a Customer in relation to your activities. You shall have the sole responsibility for any obligations or liabilities to Customers or third parties that arise from your provision of Auto Care Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a Customer or third party. You acknowledge and agree that Siteler may release your contact and/or insurance information to a Customer upon such Customer’s reasonable request. You acknowledge and agree that all Customers shall receive the specified service purchased by the applicable Customer, without unauthorized interruption.

2.4  Your Relationship with Siteler. You acknowledge and agree that Siteler’s provision to you of the Siteler App and the Siteler Services creates a direct business relationship between Siteler and you. Siteler does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Auto Care Services.  You retain the sole right to determine when and for how long you will utilize the Siteler App or the Siteler Services. You retain the option, via the Siteler App, to attempt to accept or to decline or ignore a Customer’s request for Auto Care Services via the Siteler Services.  With the exception of any signage required by local law or permit/license requirements, Siteler shall have no right to require you to: (a) display Siteler’s or any of its Affiliates’ names, logos or colors on your Vehicle(s); or (b) wear a uniform or any other clothing displaying Siteler’s or any of its Affiliates’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to; (i) use other software application services in addition to the Siteler Services; and (ii) engage in any other occupation or business. Siteler retains the right to, at any time at Siteler's sole discretion, deactivate or otherwise restrict you from accessing or using the Siteler App or the Siteler Services in the event of a violation of this Agreement, your disparagement of Siteler or any of its Affiliates, your act or omission that causes harm to Siteler’s or its Affiliates’ brand, reputation or business as determined by Siteler in its sole discretion, or for any other reason at the reasonable discretion of Siteler. 
2.5  Ratings. 
2.5.1  You acknowledge and agree that: (a) after providing Auto Care Services, the customer will be prompted by Siteler’s mobile application to provide a rating of you and such Auto Care Services and, optionally, to provide comments or feedback about you and such Auto Care Services.  
2.5.2  The customer has to provide a rating and optional feedback within two hours of your completion of the service.  It is strongly recommended that you do a “walk through” with each customer in person and ask them if the service you performed is considered a 5 star service.  If the customer is pleased with the service, make sure you receive a 5 star rating before leaving the service location.
2.5.3  In the event that a customer gives you a 2 star rating or below you will not earn any revenue for the job you  performed.  Have each customer provide your rating while you are still present so you can fix any areas that were not to their satisfaction to ensure you receive a 5 star rating everytime.
2.5.4  You acknowledge that Siteler desires that Customers have access to high-quality services via Siteler’s mobile application. In order to continue to receive access to the Siteler App and the Siteler Services, you must maintain an average rating by Customers that exceeds the minimum average acceptable rating established by Siteler for your Territory, as may be updated from time to time by Siteler in its sole discretion (“Minimum Average Rating”). In the event your average rating falls below the Minimum Average Rating, Siteler will notify you and may provide you, in Siteler’s discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), Siteler reserves the right to deactivate your access to the Siteler App and the Siteler Services. Additionally, you acknowledge that your repeated failure to accept Customer requests for Auto Care Services creates a negative experience for Customers of Siteler’s mobile application. 
2.5.5  Siteler and its Affiliates reserve the right to use, share and display your and Customer ratings and comments in any manner in connection with the business of Siteler and its Affiliates without attribution to you or your approval. You acknowledge and agree that Siteler and its Affiliates are distributors (without any obligation to verify) and not publishers of your and Customer ratings and comments, provided that Siteler and its Affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Siteler’s or its Affiliates’ content policies.

2.6 Devices.
2.6.1 (i) You are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan; and (ii) Siteler shall make available the Siteler App for installation on Your Device. Siteler hereby grants you a personal, non-exclusive, non-transferable license to install and use the Siteler App on Your Device solely for the purpose of providing Auto Care Services. You agree that: (i) use of the Siteler App on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the Siteler App on Your Device as an interface with the Siteler Services may consume very large amounts of data through the data plan. SITELER ADVISES THAT YOUR DEVICE ONLY BE USED UNDER A DATA PLAN WITH UNLIMITED OR VERY HIGH DATA USAGE LIMITS, AND SITELER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN. 
Location Based Services. You acknowledge and agree that your geo-location information must be provided to the Siteler Services via a Device in order to provide Auto Care Services.  In addition, Siteler and its Affiliates may monitor, track and share your geo-location information obtained by the Siteler App and Device for their technical, marketing and commercial purposes, including to provide and improve their products and services.

3. Expectations
3.1  Your Requirements. Possess the appropriate and current level of training, expertise and experience to provide Auto Care Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. You acknowledge and agree that you may be subject to certain background record checks from time to time in order to qualify to provide, and remain eligible to provide, Auto Care Services. You acknowledge and agree that Siteler reserves the right, at any time in Siteler’s sole discretion, to deactivate your account if you fail to meet the requirements set forth in this Agreement. 
4. Financial Terms
4.1 Calculation for Your Payment. You are entitled to receive payment for each instance of completed Auto Care Services provided to Customers that are obtained via the Siteler Services who have given you a rating of 3 or above where such payment is calculated based upon 75% of the total charge to the customer. You: (i) appoint Siteler as your limited payment collection agent solely for the purpose of accepting the Payment, from the customer on your behalf via the payment processing functionality facilitated by the Siteler Services; and (ii) agree that payment made by Customers to Siteler shall be considered the same as payment made directly by Customer to you
Siteler agrees to remit to you on at least a weekly basis: the Payment less the applicable Service Fee (25%).
4.2  Changes to Payment Calculation. Siteler reserves the right to change the Payment Calculation at any time in Siteler’s discretion based upon local market factors, and Siteler will provide you with notice in the event of such change that would result in a change in the price for service for each instance of completed Auto Care Services. Continued use of the Siteler Services after any such change in the Payment Calculation shall constitute your consent to such change. 
4.3  Payment Adjustment. Siteler reserves the right to: (i) adjust the payment for a particular instance of Auto Care Services (e.g., you fail to properly check out a particular instance of Auto Care Services in the Siteler App, technical error in the Siteler Services, etc.); or (ii) cancel the payment for a particular instance of Auto Care Services (e.g., Customer is charged for Auto Care Services that were not provided, in the event of a Customer complaint, fraud, etc.). Siteler’s decision to reduce or cancel the payment in any such manner shall be exercised in a reasonable manner. 
4.4  Service Fee. In consideration of Siteler’s provision of the Siteler App and the Siteler Services for your use and benefit hereunder, you agree to pay Siteler a service fee on a per Auto Care Services transaction basis calculated as a percentage of the Payment as provided or otherwise made available by Siteler from time to time for the applicable Territory (“Service Fee”). In the event regulations applicable to your Territory require taxes to be imputed in the Payment, Siteler shall calculate the Service Fee based on the Payment net of such taxes. Siteler reserves the right to change the Service Fee at any time in Siteler’s discretion based upon local market factors, and Siteler will provide you with notice in the event of such change. Continued use of the Siteler Services after any such change in the Service Fee calculation shall constitute your consent to such change. 
4.5  Cancellation Charges. You acknowledge and agree that Customers may elect to cancel requests for Auto Care Services that have been accepted by you via the Siteler App at any time prior to your arrival. In the event that a customer cancels an accepted request for Auto Care Services, Siteler may charge the Customer a cancellation fee on your behalf. If charged, this cancellation fee shall be deemed payment for the cancelled Auto Care Services for the purpose of remittance to you hereunder. 
4.6  Receipts. As part of the Siteler Services, Siteler provides you a system for the delivery of receipts to Customer for Auto Care Services rendered. Upon your completion of Auto Care Services for a Customer, Siteler prepares an applicable receipt and issues such receipt to the Customer via email on your behalf. Such receipts are also provided to you via email or online portal. Receipts include the breakdown of amounts charged to the Customer for Auto Care Services and may include specific information about you, including your name, contact information and photo, as well as a list of services you preformed. Any corrections to a Customer’s receipt for Auto Care Services must be submitted to Siteler in writing within three (3) business days after the completion of such Auto Care Services. Absent such a notice, Siteler shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Payment.
4.7  No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Siteler and its Affiliates may seek to attract new Customers to Siteler and to increase existing Customers’ use of Siteler’s mobile application. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement. 
4.8  Taxes. You acknowledge and agree that you are responsible for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax on the provision of Auto Care Services. 
5. Proprietary Rights; License
5.1  License Grant. Subject to the terms and conditions of this Agreement, Siteler hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the Siteler Services (including the Siteler App on a Device) solely for the purpose of providing Auto Care Services to Customers and tracking resulting Payments and Fees. All rights not expressly granted to you are reserved by Siteler, its Affiliates and their respective licensors. 
5.2  Restrictions. You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Siteler Services, Siteler App or any Siteler Device in any way; (b) modify or make derivative works based upon the Siteler Services or Siteler App; (c) improperly use the Siteler Services or Siteler App, including creating Internet “links” to any part of the Siteler Services or SITELER App, “framing” or “mirroring” any part of the Siteler Services or Siteler App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Siteler Services or Siteler App; (d) reverse engineer, decompile, modify, or disassemble the Siteler Services or Siteler App, except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the Siteler Services or Siteler App to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Siteler Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Siteler Services; or (iv) attempt to gain unauthorized access to the Siteler Services or its related systems or networks. 
5.3  Ownership. The Siteler Services, Siteler App and Siteler Data, including all intellectual property rights therein, and the Siteler Devices are and shall remain (as between you and Siteler) the property of Siteler, its Affiliates or their respective licensors. Neither this Agreement nor your use of the Siteler Services, Siteler App or Siteler Data conveys or grants to you any rights: (a) in or related to the Siteler Services, Siteler App or Siteler Data, except for the limited license granted above; or (b) to use or reference in any manner Siteler’s, its Affiliates’, or their respective licensors’ Siteler names, logos, product and service names, trademarks, services marks or other indicia of ownership. 
6. Confidentiality
6.1  Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Siteler Data, Siteler IDs, Customer Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential. 
6.2  Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Siteler, its internal record-keeping requirements). 
6.3  Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure. 
7. Privacy
7.1  Disclosure of Your Information. Subject to applicable law and regulation, Siteler and its Affiliates may, but shall not be required to, provide to you, a Customer, an insurance company and/or relevant authorities and/or regulatory agencies any information (including personal information (e.g., information obtained about you through any background check) and any Siteler Data) about you or any Auto Care Services provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, between you and a Customer; (b) it is necessary to enforce the terms of this Agreement; (c) it is required, in Siteler’s or any Affiliate’s sole discretion, by applicable law or regulatory requirements (e.g., Siteler or its Affiliates receive a subpoena, warrant, or other legal process for information); or (d) it is necessary, in Siteler’s or any Affiliate’s sole discretion,  . 
7.2  Information provided by you and collected about you may be transferred or accessed by Siteler and its Affiliates around the world, including in jurisdictions that may have less protective privacy laws than your country. Siteler and its Affiliates located in the U.S. abide by the Safe Harbor frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. You expressly consent to Siteler’s and its Affiliates’ use of to protect the safety, rights, property or security of Siteler or its
Affiliates, the Siteler Services or any third party; to protect the safety of the public for any reason; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity Siteler or its Affiliates, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity) location-based services and you expressly waive and release Siteler and its Affiliates from any and all liability, claims, causes of action or damages arising from your use of the Siteler Services, or in any way relating to the use of the geo-location and other location-based services.
7.3 Siteler and its Affiliates may collect your personal data during the course of your application for, and use of, the Siteler Services, which information may be stored, processed, and accessed by Siteler and its Affiliates for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Siteler’s and its Affiliates’ legitimate business needs. You expressly consent to such use of personal data.
8. Insurance
8.1  You agree to maintain during the term of this Agreement liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate as an independent contractor.  This coverage must also include any no-fault coverage required by law in the Territory that may not be waived by an insured. You agree to provide Siteler and its Affiliates a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this Section 8.1 upon request. Furthermore, you must provide Siteler with written notice of cancellation of any insurance policy required by Siteler. Siteler shall have no right to control your selection or maintenance of your policy. You must be a named insured, for which a premium is charged, on the insurance policy required in this Section 8.1 at all times. 
8.2  You agree to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the Territory. If permitted by applicable law, you may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but do so at your own risk. 
8.3  You understand and acknowledge that your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for the Auto Care Services you provide pursuant to this Agreement. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not Siteler’s, to resolve them with your insurer(s). 
8.4  Siteler may maintain during the term of this Agreement insurance related to your provision of Auto Care Services as determined by Siteler in its reasonable discretion, provided that Siteler and its Affiliates are not required to provide you with any specific insurance coverage for any loss to you. You are required to promptly notify Siteler of any accidents that occur while providing Auto Care Services and to cooperate and provide all necessary information related thereto. 
9. Representations and Warranties; Disclaimers
9.1 By You. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide (i) Auto Care Services using the Vehicles pursuant to this Agreement, and (ii) passenger Auto Care services to third parties in the Territory generally.
9.2  Disclaimer of Warranties. SITELER AND ITS AFFILIATES PROVIDE, AND YOU ACCEPT, THE SITELER SERVICES, SITELER APP AND THE SITELER DEVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. SITELER AND ITS AFFILIATES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITELER SERVICES, SITELER APP OR THE SITELER DEVICES: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR AUTO CARE SERVICES. SITELER AND ITS AFFILIATES FUNCTION AS AN ON-DEMAND LEAD GENERATION AND RELATED SERVICE ONLY AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE CUSTOMERS WHO MAY REQUEST OR RECEIVE AUTO CARE SERVICES FROM YOU, AND SITELER AND ITS AFFILIATES DO NOT SCREEN OR OTHERWISE EVALUATE CUSTOMERS. BY USING THE SITELER SERVICES AND SITELER APP, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SITELER SERVICES OR SITELER APP.NOTWITHSTANDING SITELER’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF YOU FOR THE PURPOSE OF ACCEPTING PAYMENT FROM CUSTOMERS ON YOUR BEHALF AS SET FORTH IN SECTION 4 ABOVE, SITELER AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY CUSTOMER OR OTHER THIRD PARTY. 
9.3  No Service Guarantee. SITELER AND ITS AFFILIATES DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE SITELER SERVICES OR SITELER APP. YOU ACKNOWLEDGE AND AGREE THAT THE SITELER SERVICES OR SITELER APP MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE SITELER SERVICES OR SITELER APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SITELER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS. 
10. Indemnification. You shall indemnify, defend (at Siteler’s option) and hold harmless Siteler and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Customers, regulators and governmental authorities) directly or indirectly related to your provision of Auto Care Services or use of the Siteler Services.
11. Limits of Liability. SITELER AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR SITELER’S OBLIGATIONS TO PAY AMOUNTS DUE TO
YOU PURSUANT TO SECTION 4 ABOVE, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH ARE APPLICABLE THERETO, IN NO EVENT SHALL THE LIABILITY OF SITELER OR ITS AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF SERVICE FEES ACTUALLY PAID TO OR DUE TO SITELER HEREUNDER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12. Term and Termination
12.1  Term. This Agreement shall commence on the date accepted by you and shall continue until  terminated as set forth herein. 
12.2  Termination. Either party may terminate this Agreement: (a) without cause at any time upon seven (7) days prior written notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Siteler may terminate this Agreement or deactivate your SITELER ID immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of Siteler and its Affiliates, to provide Auto Care Services or to operate the Vehicle, or as otherwise set forth in this Agreement. 
12.3  Effect of Termination. Upon termination of the Agreement, you shall: (a) promptly return to Siteler all Siteler Devices; and (b) immediately delete and fully remove the SITELER App from any of Your Devices. Outstanding payment obligations and Sections 1, 2.3, 2.5.3, 4.7, 4.8, 5.3, 6, 7, 9, 10, 11, 12.3, 13, 14 and 15 shall survive the termination of this Agreement. 
13. Relationship of the Parties
13.1  Except as otherwise expressly provided herein with respect to Siteler acting as the limited payment collection agent solely for the purpose of collecting payment from Customers on your behalf, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between Siteler and you; and (b) no joint venture, partnership, or agency relationship exists between Siteler and you. 
13.2  You have no authority to bind Siteler or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of Siteler or its Affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Siteler, you undertake and agree to indemnify, defend (at Siteler’s option) and hold Siteler and its Affiliates harmless from and against any claims by any person or entity based on such implied agency or representative relationship. 
14. Miscellaneous Terms
14.1 Modification. Siteler reserves the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement on the portal available to you on the Siteler Services. Siteler reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Siteler Services, or downloading, installing or using the SITELER App, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Payment Calculations. 
Continued use of the Siteler Services or SITELER App after any such changes shall constitute your consent to such changes. Unless changes are made to the arbitration provisions herein, you acknowledge and agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.
14.2  Supplemental Terms. Supplemental terms may apply to your use of the Siteler Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict. 
14.3  Severability. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. 
14.4  Assignment. Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that Siteler may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: (a) to an Affiliate; or (b) to an acquirer of all or substantially all of Siteler’s business, equity or assets. 
14.5  Entire Agreement. This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” 
14.6  No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims. 
14.7  Notices. Any notice delivered by Siteler to you under this Agreement will be delivered by email to the email address associated with your account or by posting on the portal available to you on the Siteler Services. Any notice delivered by you to Siteler under this Agreement will be delivered by contacting Siteler at cs@sitelerwash.com. Additional Territory-specific notices may be required from time to time. 
By clicking “I accept”, you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with Siteler.
						
						
15. Governing Law; Arbitration
15.1 The interpretation of this Agreement shall be governed by Deleware law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Siteler Services shall be subject to the exclusive jurisdiction of the state and federal. 15.2  Other than disputes regarding the intellectual property rights of the parties, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Siteler Services may be subject to arbitration pursuant to Section 15.3.

15.3  Arbitration Provision Important Note Regarding this Arbitration provision:

Arbitration does not limit or affect the legal claims you may bring against the Siteler. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved.

Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.

Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with the Siteler. 
IMPORTANT: This arbitration provision will require you to resolve any claim that you may have against Siteler on an individual basis pursuant to the terms of the Agreement unless you choose to opt out of the arbitration provision. This provision will preclude you from bringing any class, collective, or representative action against Siteler. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against Siteler by someone else.

o The mere existence of such class, collective, and/or representative lawsuits, however, does not mean that such lawsuits will ultimately succeed. But if you do agree to arbitration with the Siteler, you are agreeing in advance that you will not participate in and therefore, will not seek to recover monetary or other relief under any such class, collective, and/or representative lawsuit.

o However, as discussed above, if you agree to arbitration, you will not be precluded from bringing your claims against Siteler in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator (subject to splitting the cost of arbitration as mentioned above).

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ABRITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

i. How This Arbitration Provision Applies.

This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures.

Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.

Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge.

Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with Siteler, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by Siteler and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims.

This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision.
The parties expressly agree that Siteler is an intended third-party beneficiary of this Arbitration Provision. ii. Limitations On How This Agreement Applies.
The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply:
Claims for workers compensation, state disability insurance and unemployment insurance benefits;
Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S. Department of Labor (www.dol.gov), the National Labor Relations Board (www.nlrb.gov), or the Office of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration;

Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision;

Disputes regarding your, Siteler’s intellectual property rights;

This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.

iii. Selecting The Arbitrator and Location of the Arbitration.

The Arbitrator shall be selected by mutual agreement of Siteler and you. Unless you and Siteler mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures rules will apply. Those rules are available here:
http://www.jamsadr.com/rules-streamlined-arbitration/
The location of the arbitration proceeding shall be no more than 45 miles from the place where you last provided Auto Care services under this Agreement, unless each party to the arbitration agrees in writing otherwise.

iv. Starting The Arbitration.
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to Siteler shall be provided to Siteler Inc, 765 Mabury Rd, San Jose, CA 95133. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.

v. How Arbitration Proceedings Are Conducted.
In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.
You and Siteler agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only.
While Siteler will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, Siteler shall not be precluded from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set forth in this Agreement.

vi. Paying For The Arbitration.
Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (i.e., a party prevails on a claim that provides for the award of reasonable attorney fees to the prevailing party). In all cases where required by law, Siteler will pay the Arbitrator's and arbitration fees. If under applicable law Siteler is not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.

vii. The Arbitration Hearing And Award.
The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

viii. Your Right To Opt Out Of Arbitration.
Arbitration is not a mandatory condition of your contractual relationship with Siteler. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying Siteler in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to cs@siteler.com, stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to:
Siteler Inc.
765 Mabury Rd, San Jose, CA 95133
In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Provision, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by Siteler. Should you not opt out of this Arbitration Provision within the 30-day period, you and Siteler shall be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision.

ix. Enforcement Of This Agreement.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. Except as stated in subsection v, above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
By clicking “I accept”, you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with Siteler.

I accept the terms of use

Traning & Quiz

Completion of the video training and quizzes is mandatory for becoming a certified Siteler.

It consists of seven Videos in total and takes about 45 minutes to complete.

Let's start with your contact info

Traning & Quiz

Completion of the video training and quizzes is mandatory for becoming a certified Siteler. It consists of seven Videos in total and takes about 45 minutes to complete.

Let's start with your contact info

Completion of the video training and quizzes is mandatory for becoming a certified Siteler.

It consists of seven Videos in total and takes about 45 minutes to complete.