Terms Of Use

TINKER TERMS OF USE

Last Modified On: Dec 20, 2023

Welcome to Tinker where we connect consumers with automotive-questions with people with experience in automotive service and repairs (“Experts”, as defined below) who have agreed to provide educational and informational tips in response to those questions. These Terms of Use are here to explain how we provide these connections, and these Terms of Use form a legally binding agreement between anyone accessing Tinker, the Website or our mobile application or using our Services ("you") and Glocal Development, LLC ("Glocal," "we," or "us") regarding your access to and use of (i) the website located at https://tinkerdiy.com/ and any content or functionality offered therewith (the “Website”); (ii) our mobile application and any content or functionality offered therewith (the “App”); and (iii) the sessions with the Experts and the educational and informational tips provided by the Experts (the “Services”). The Website and the App through which the Services are offered are together referred to as "Tinker."

EMERGENCY SITUATIONS (such as a motor vehicle accident) should not be directed to Tinker. In case of emergency, you should call 911. Tinker is not the appropriate venue to deal with emergency situations.

Table of Contents:

Acceptance of the Terms of Use

Please read these Terms of Use carefully before you start to use Tinker or engage with the Services. By accessing or using Tinker or the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.

Tinker does not offer Services to anyone outside of the United States or under the age of 18 years or otherwise legally defined as a minor. If you are not a resident of the United States or a legal adult, you are not authorized to use Tinker, the Website, the App, or the Services. Tinker and the Services are offered and available to users who are able to enter into an enforceable agreement with Glocal, and by using Tinker or the Services, you represent and warrant that you are of legal age to form a binding contract with us.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to Tinker, and apply to all access to and use of Tinker and our Services thereafter. We retain the option, but not the requirement, to post a notification to your Account (as defined below) and/or email you when the Terms of Use are updated. Your continued use of Tinker, the Website, the App, or the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and each time you engage with our Services so that you are aware of any changes, as they are binding on you.

The Services

Tinker provides consumers (“Consumers” or “DIYer”) who are performing do-it-yourself service or repairs on the Consumer’s own vehicle with access to Experts with whom the Consumer can request a video call through Tinker to discuss issues with a vehicle and receive educational and informational tips (each such video call, an “Information Session”). Through such Information Sessions, Tinker provides a venue for educational and informational purposes and connects Consumers with Experts. As used in these Terms of Use and on Tinker, the term “Expert” means that Glocal has determined, based on a review of the information provided by the Expert, that the individual (i) has a sizeable amount of relevant automotive experience or an Automotive Service Excellence (“ASE”) certification or (ii) has experience with specific car makes and models. Glocal has a criminal background check conducted for each Expert before giving them access to Tinker. By referring to an individual as an Expert, Glocal makes no guarantee regarding the quality of the Services or the individual’s level of expertise generally or concerning any particular issue.

Tinker does not provide advice or any professional service to Consumers or Experts. Consumers and Experts, not Tinker, provide the information exchanged on Tinker and through the Information Sessions. Experts are not our employees or acting under the direction of Glocal. We are not acting as an agent for any Consumer or Expert, and do not have the right or ability to bind any Consumer or Expert. Likewise, no Consumer or Expert has the right or ability to bind Tinker.

Glocal is not involved in the conversations between the Experts and Consumers. We shall not be liable for (i) any of your acts or omissions; (ii) the content exchanged in Information Sessions or communications taking place on Tinker, including questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, profile information, and posts and any other places where Consumers and Experts communicate with each other or openly post on Tinker; (iii) a Consumer’s or Expert’s failure to participate in an Information Session or complete an Information Session; or (iv) any damage that may result from following the tips or advice provided by an Expert. You are solely responsible for your engagement with Consumers or Experts, as the case may be, while using Tinker.

Tinker does not refer Consumers to or endorse or recommend any particular Experts. We shall not be liable for any acts or omissions of Experts, Information Sessions, the tips or advice of an Expert, the ability of Experts to answer questions, or a Consumer's failure to properly describe the purpose of the Information Session. We cannot ensure that an Expert will respond to your request for an Information Session or participate in or complete an Information Session. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the content exchanged through Tinker, including during an Information Session. Notwithstanding the foregoing, we reserve the right, but are not obligated, to refuse to post or to remove any content and/or remove any Consumer or Expert’s access to Tinker for any reason, including violation of these Terms of Use.

You agree and acknowledge that (i) we are not providing any diagnostic service, maintenance, or repair to any motor vehicle; (ii) we are not providing any estimates of the cost of service, repairs, or parts for any motor vehicle; (iii) any estimates of the cost of service, repairs, or parts provided by an Expert is not based on an in-person evaluation of the motor vehicle and is instead the opinion of the Expert which is not provided by us or with our approval; and (iv) you are not using the Website, the App, or the Services to get a diagnosis or repair to a motor vehicle but instead only to get an Expert’s expertise and guidance so that you can perform any necessary repairs on a do-it-yourself basis. Glocal does not and is NOT responsible for mediating disputes between Consumers and Experts.

We have reviewed the work experience of each Expert on Tinker; however, such review is only as accurate as the information provided by the Expert. We do not endorse, recommend, or guarantee the advice or work of any Expert. For the avoidance of doubt, we disclaim all liability related to an Expert’s work experience or work performance, including the Expert's’ expertise and quality of tips or advice.

We cannot and do not warrant or guarantee a Consumer or Expert’s purported identity and cannot and do not represent, warrant, or guarantee the truthfulness or accuracy of the credentials or identities of any Consumer or Expert or information provided by any Consumer or Expert. You acknowledge that Glocal will not be liable for any loss or damages caused by your reliance on any information or content exchanged through Tinker or during the Information Session.

Information that Experts provide on Tinker is to be used by Consumers for general information purposes only, not as a substitute for in-person evaluation or specific professional advice. No professional-client relationships shall be formed on Tinker. By answering questions and providing Consumers with information about do-it-yourself service or repairs that Consumers are attempting or performing, Experts do not intend to form, and do not form any privileged relationship with Consumers. The laws, regulations, other governing authorities, standards, practices, and procedures that apply to a Consumer’s particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed or have experience in, only particular jurisdictions. Consumers are responsible for confirming that an Expert is properly licensed, certified, educated, employed, or experienced in a particular area or jurisdiction. Communications on Tinker are not confidential and shall not be the subject of any associated privileges. Communications on Tinker are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

Accessing Tinker

We reserve the right to withdraw, modify, or amend Tinker, the Website, the App, and any Services we provide on or through Tinker in our sole discretion without notice. We will not be liable if for any reason all or any part of Tinker, the Website, the App, or our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entirety of Tinker, to users, including all users accessing Tinker as well as Consumers and Experts using Tinker.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website and/or App, and
Ensuring that all persons who access Tinker through your internet connection or your Account are aware of these Terms of Use and the Privacy Policy and comply with them.

Creating Your Account and Account Security

To access Tinker and the Services, you will be required to provide Tinker with certain personal information and to indicate whether you are accessing Tinker as a Consumer or Expert.

For Consumers. If you indicate you are a Consumer (“DIYer”) seeking information about a particular vehicle issue through Tinker, you will be asked to provide information including but not be limited to, your first name, last name, date of birth, email address, phone number, time zone, vehicle make and model, and profile picture (“Consumer Account”).

For Experts. If you indicate you are an Expert seeking to provide Consumers with assistance with a particular vehicle issue through Tinker, you will be asked to provide information including but not be limited to, your first name, last name, date of birth, email address, phone number, time zone, vehicle expertise, work experience, profile picture, and availability (“Expert Profile”). You will also be required to consent to a background check. The Glocal team will review the information in your Expert Profile before your Expert Profile is published in the App. When conducting such review, Glocal may, but is not required to, verify the accuracy of any information provided in an Expert Profile and conduct a background check on you. Glocal may decline to publish your Expert Profile in Tinker for any reason or no reason, in its sole discretion. As an Expert, you are responsible for compliance with all applicable laws, rules, and regulations required for providing a Consultation.

Account Verification. To verify your Consumer Account or Expert Profile (collectively referred to herein as “Account”) and to access Tinker, you will be required to provide your mobile phone number. We will send a code to the mobile number you provide. You should only provide your own mobile number for this purposes and you should not share the code you receive with anyone. Please note that your standard message and data rates will apply.

It is a condition of your use of Tinker that all the information you provide on Tinker or while using the Services is accurate, correct, current, and complete. You agree that all information you provide to register with Tinker or otherwise provide, including, but not limited to, through the use of any interactive features on Tinker, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, which may be required for access to your Account, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to Tinker or portions of it using your user name, password, other security information, or other Account information. You are not authorized to transfer your Account to any other person or entity. You are responsible for all use of your Account.

You agree to notify us immediately of any unauthorized access to or use of your user name, password, or Account or any other breach of security. You should use particular caution when accessing your Account from a public or shared device so that others are not able to view or record your password or other personal information.

We have the right to disable any Account, including your user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or the Privacy Policy. For the avoidance of doubt, the provision of any inaccurate, incorrect, or incomplete information when creating an Account, including without limitation personal information and work experience, shall permit us to immediately disable your Account and cancel any scheduled Information Sessions.

Requesting an Information Session

For Consumers: To request an Information Session with an Expert, a Consumer must submit a request through Tinker (a “Session Request”). Consumers will be asked to provide the following information in their Session Request: (i) a brief description of your issue; (ii) the specific topic related to your vehicle and issue (e.g., oil and fluid changes, tires and wheels, etc.); (iii) the make and model of your vehicle; and (iv) any details you would like to provide to the Expert prior to the Information Session, such as symptoms of the issue, tools you have, and actions you have taken so far. Once a Consumer submits a Session Request, Tinker will attempt to match the Consumer with an available Expert. If an available Expert accepts the Session Request, the Consumer will receive a notification in Tinker confirming that the Consumer has matched with an available Expert. That notification will include a link to the matched Expert’s Profile and a button to join the video call with the Expert. Experts will receive a notification in the App to accept the video call with the Consumer.

For Experts: After an Information Session is requested by a Consumer, an Expert will receive a Tinker notification with the Session Request, including the identity of the Consumer. Experts will be able to review the information provided in the Session Request. After reviewing the Session Request, the Expert will respond to the Tinker notification indicating whether or not the Expert has accepted the Session Request.

If the Consumer declines the notification that an Expert is available or does not join the Information Session within five (5) minutes, the Information Session will automatically cancel and the Expert will receive a notification that the Information Session has been cancelled. If the Expert does not join the Information Session within five (5) minutes, the Information Session will automatically cancel and the Consumer will receive a notice asking the Consumer to submit a new Session Request.

All of the information provided to or through Tinker is subject to our Privacy Policy.

Participating in an Information Session

At the time of the Information Session, both the Consumer and Expert shall click the link in their notification to join the Information Session. The video call for the Information Session will be provided and supported by Glocal's third party service provider, Zoom Video Communications, Inc. (“Zoom”). By using Tinker and accessing the Services, you agree to Zoom’s Privacy Policy, which can be found at the following link: https://explore.zoom.us/en/privacy/, as well as its Terms of Use, which may be found at the following link: https://explore.zoom.us/en/terms/. If you do not agree with Zoom’s Privacy Policy or Terms of Use, you should not use Tinker or access the Services.

All Information Sessions will be recorded for quality control and learning purposes.

You are responsible for compliance with all laws governing the monitoring or recording of conversations. By using the Services, you authorize us to create and retain these recordings. You may receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you should immediately terminate the Information Session and stop using Tinker.

Feedback

When you provide any feedback, comments, questions, or suggestions concerning Tinker, the Website, the App, or the Services (collectively, “Feedback”), you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, and (iii) that the Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against us and any other users of Tinker any claims and assertions of any moral rights contained in such Feedback.

If you are a Consumer providing feedback or comments concerning an Expert or an Expert providing feedback or comments concerning a Consumer, you represent and warrant that the comments or feedback are accurate and truthful and do not violate the rights of any other person or entity.

We do not represent or warrant that we undertake any independent review of such Feedback. Each Expert acknowledges that Glocal will not be liable for any loss or damages caused by a Consumers’ Feedback or the public availability of the Consumers’ Feedback, and each Expert waives any right to bring a claim against a Consumer or Glocal arising out of or relating to Feedback.

This Feedback section shall survive any termination of these Terms of Use or participation in Tinker or the Services.

Intellectual Property Rights

Tinker and all content, features, and functionality on Tinker (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Glocal, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Tinker, except for purposes of signing up for the Services.

This permission terminates automatically if you violate these Terms of Use or our Privacy Policy and upon termination of your access to use Tinker for any reason. No right, title, or interest in or to Tinker or any content on Tinker is transferred to you, and all rights not expressly granted are reserved by Glocal. Any use of Tinker not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The name TINKER and the respective company logos associated with the name, and all related names, logos, product and service names, designs, and slogans are trademarks of Glocal and its respective affiliates or licensors. You must not use such marks without Glocal's prior written permission. All other names, logos, product and service names, designs, and slogans on Tinker are the trademarks of their respective owners.

Prohibited Uses

You may use Tinker only for lawful purposes and in accordance with these Terms of Use. You agree not to use Tinker:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Tinker, Glocal or any of its affiliates, an employee of Glocal or any of its affiliates, another user of Tinker, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Tinker, the Website, App, or the Services, or which, as determined by us, may harm Tinker or users of Tinker, the Website, App, or Services, or expose them to liability.

Additionally, you agree not to:

Use Tinker in any manner that could disable, overburden, damage, or impair Tinker or interfere with any other party’s use of Tinker, including their ability to engage in real time activities through Tinker.
Use any robot, spider, or other automatic device, process, or means to access Tinker for any purpose, including monitoring or copying any of the material on Tinker.
Use any manual process to monitor or copy any of the material on Tinker, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of Tinker.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Tinker, the Website, the App, the server on which either Tinker is stored, or any server, computer, or database connected to Tinker.
Attack Tinker via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of Tinker.

Monitoring and Enforcement; Termination

We have the right to:

Disclose your identity or other information about you to any third party who claims that material provided by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Tinker or the Services.
Terminate or suspend your access to all or part of Tinker for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using Tinker or the Services. YOU WAIVE AND HOLD HARMLESS GLOCAL AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Infringement

If you believe that any materials on Tinker (“Materials”) violate your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us at: support@tinkerdiy.com and provide the following information:

A clear statement identifying the works or marks that you believe to be infringed by the Materials.
A statement from the owner, or authorized representative of the owner, of the works or marks that you believe to be infringed and not authorized by the owner.
Sufficient information about the location of the allegedly infringing Materials so that we can find and verify their existence.
Your name, telephone number, and email address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are the owner or authorized to act on the owner’s behalf.
A signature or the electronic equivalent from the owner or authorized representative of the owner.

It is our policy to terminate the ability to use Accounts of repeat infringers.

Reliance on Information Posted

Tinker may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided as part of Tinker, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Glocal. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to Tinker

We may update the content on Tinker from time to time, but do not guarantee that all content is complete or up-to-date at any given time. You should carefully review your request submission for accuracy before submitting a request for help.

Information About You and Your Visits to or Use of Tinker

All information we collect on Tinker is subject to our Privacy Policy. By using Tinker, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Participation in the Services & Information Sessions

Creating an Account with Tinker does not guarantee participation in the Services or Information Sessions. When a Consumer creates a Consumer Account with Tinker, it permits the Consumer to submit a Session Request. When an Expert creates an Expert Profile with Tinker, once verified by Tinker, it allows the Expert to be listed as an Expert in Tinker and potentially to be matched to Consumer's Session Requests. Tinker does not guarantee that an Expert will be matched to a Consumer's Session Request. Consumers are not required to request or participate in Information Sessions. Experts are not required to accept or participate in Information Sessions. We retain the right, in our sole discretion, to deny participation in the Services.

Text Message Program

By beginning or completing registration to use Tinker, either as a consumer or Expert, you agree to participate in our text message program (“Text Program”). As part of the Text Program, you give consent for us to send you enrollment and account related text communications at any telephone number you provide to us. You also represent that you are the subscriber for the telephone number you provide to use and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify us immediately at support@tinkerdiy.com or by updating your phone number in your account profile. You agree to indemnify us for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us immediately of a change in your telephone number.

We do not charge any fee to participate in the Text Program. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details). We anticipate a typical Text Program participant will receive approximately four messages per month; however, the number of messages you receive may vary.

Supported carriers include AT&T, Verizon, T-Mobile, and other major national and regional carriers in the United States. Supported carriers are not responsible for the Text Program and may not be held liable for any problem or claim arising in connection with it.

You may opt out of the Text Program by texting STOP to (302) 775-9550. You may then receive one message confirming your opt-out. If you are participating in any other text message programs provided by us, you must opt out of those programs separately.

You may obtain assistance with the Text Program by emailing us at support@tinkerdiy.com.

Linking to Tinker and Social Media Features

You may link to Tinker, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Tinker may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on Tinker.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website or mobile application that is not owned by you.
Cause Tinker or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of Tinker other than the homepage.
Otherwise take any action with respect to the materials on Tinker that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Additionally, Experts must not provide links to their own personal or business social media accounts, websites, or other communication channels. Experts may not provide any personal references or other contacts through Tinker or during an Information Session.

Links from Tinker

If Tinker contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Tinker, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or apps.

Geographic Restrictions

We provide Tinker from within the United States, for use only by persons located in the United States. We make no claims that Tinker or any of its content is accessible or appropriate outside of the United States. Access to Tinker may not be legal by certain persons or in certain countries. If you access Tinker from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Payment Terms

Consumers and Experts may access the Website or download the App (from the Apple App Store or Google Play Store) for free.

Consumers are charged a set price for each Information Session upon successful completion of an Information Session as determined by connection of an Information Session and confirmation of a completed Information Session from an Expert. To pay for an Information Session, a DIYer is required to provide valid credit card information through the App to a third-party payment processor. Tinker does not directly hold any credit card information. In the event of a failed payment, we reserve the right to suspend or terminate your account. In some cases, a DIYer may have free Information Session credits, in which case a free Information Session credit will be used prior to charging for an Information Session.

In the event of a dispute regarding an Information Session (e.g., an allegation of being charged incorrectly by mistake or an Expert allegedly saying the Information Session is complete by mistake), a DIYer can request a refund or exchange within 30 (thirty) days of an Information Session. In the event of a refund or exchange request, Glocal will investigate and maintains the right to accept or deny a refund. After an investigation, if Glocal decides to fulfill a refund or exchange request, Glocal may decide in its own discretion to provide a free Information Session credit as an exchange instead of a refund.

Tinker uses a third party research partner to recruit Experts and also receives candidates for Experts through other sources. Consumer acknowledges that Expert is not paid by Consumer for any services provided by Expert. Experts are compensated in accordance with a separate agreement between Glocal and Expert.

As a condition for your access to the Services, Consumers and Experts agree not to make any separate payment or other payment arrangements for Information Sessions or the Services. We reserve the right to disable your Account and prevent you from accessing or using Tinker for any failure by you to comply with the foregoing or any other terms of this Agreement.

Safe Use

YOU AGREE NOT TO USE TINKER OR ANY SERVICES IN AN UNSAFE MANNER, INCLUDING WHILE DRIVING, WALKING, OR OTHERWISE WITHOUT YOUR FULL ATTENTION WHERE RISK TO YOU OR OTHERS MAY ARISE OR RESULT.

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, TINKER WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE OR APP FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF TINKER, THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH TINKER OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APP LINKED TO IT.

YOUR USE OF TINKER, THE WEBSITE, THE APP, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH TINKER IS AT YOUR OWN RISK. TINKER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH TINKER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GLOCAL NOR ANY PERSON ASSOCIATED WITH GLOCAL OR TINKER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF TINKER. WITHOUT LIMITING THE FOREGOING, NEITHER GLOCAL NOR ANYONE ASSOCIATED WITH GLOCAL OR TINKER REPRESENTS OR WARRANTS THAT TINKER, THE WEBSITE, THE APP, THEIR RESPECTIVE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH TINKER, THE WEBSITE, THE APP OR INFORMATION SESSIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT TINKER, OUR WEBSITE, APP, OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TINKER, THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH TINKER WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FOR THE AVOIDANCE OF DOUBT, GLOCAL DOES NOT PROVIDE ANY WARRANTY, LIMITED OR OTHERWISE, FOR ANY TIPS, ADVICE OR INFORMATION, ORAL, WRITTEN, OR OTHERWISE PROVIDED BY THE EXPERT, INCLUDING WITHOUT LIMITATION, IN TINKER OR DURING THE INFORMATION SESSION.

TO THE FULLEST EXTENT PROVIDED BY LAW, GLOCAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Release and Waiver of Liability

By checking the box provided on the Account registration page and explicitly consenting to these Terms of Use, I agree to release Glocal of all liability in consideration of being permitted to participate in the Services and in recognition of Glocal's reliance hereon. I am aware and understand that vehicle maintenance and repair are potentially dangerous activities and involve the risk of serious injury, disability, death, and/or property damage. I understand that the Expert will not physically be providing any service or repairs and that I will receive only educational and informational tips that I may use in performing maintenance or a repair myself or engaging a third party to perform the maintenance or repair for me. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE SERVICES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, SICKNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF GLOCAL OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known, against Glocal, other users, and its and their officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (each a “Releasee”) on account of personal or psychological injury, illness, sickness, pain, suffering, temporary or permanent disability, death, property damage, financial loss, or any other claimed damages or harm of any type arising out of or attributable to my use of Tinker or the Services, whether arising out of the ordinary negligence of Glocal or any Releasees or otherwise. I covenant not to make or bring any such claim against Glocal or any other Releasee, and forever release and discharge Glocal and all other Releasees from liability under such claims.

I shall defend, indemnify, and hold harmless Glocal and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, the costs of enforcing any right to indemnification under this release and waiver of liability related to the Services, and the cost of pursuing any insurance providers, incurred by Glocal or any other Releasees, arising out of or resulting from any claim of a third party related to my participation in the Services, including any claim related to my own negligence or the ordinary negligence of Glocal.

I acknowledge that Glocal is relying on these statements to allow me to access Tinker and to use the Services.

BY PROVIDING MY AFFIRMATIVE CONSENT TO THESE TERMS OF USE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE GLOCAL AS SET OUT HEREIN.

Limitation on Liability

CONSUMERS ACKNOWLEDGE THAT ALL INFORMATION SESSIONS ARE PROVIDED BY INDEPENDENT EXPERTS, NOT BY GLOCAL OR ITS EMPLOYEES OR REPRESENTATIVES. ACCORDINGLY, GLOCAL HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, INFORMATION SESSIONS, TIPS, ADVICE OR SERVICES PROVIDED TO CONSUMERS BY SUCH EXPERTS.

EXPERTS ACKNOWLEDGE THAT ALL INFORMATION SESSIONS ARE WITH INDEPENDENT VEHICLE OWNERS, NOT GLOCAL. ACCORDINGLY, GLOCAL HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION PROVIDED TO OR REQUESTS SUBMITTED BY CONSUMERS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GLOCAL, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, TINKER, THE WEBSITE, THE APP, ANY WEBSITES OR APPS LINKED TO THEM, ANY CONTENT ON TINKER OR SUCH OTHER WEBSITES OR APPS, OR THE SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Glocal, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Use (ii) your use of Tinker, its content, or the Services other than as expressly authorized in these Terms of Use, (iii) your use of any information obtained from Tinker; (iv) compliance with all applicable laws, rules, and regulations.

Arbitration Agreement, Class Action Waiver, Applicable Law, Exclusive Jurisdiction, and Venue

ARBITRATION AGREEMENT.

All actions, disputes, claims and controversies of any nature whatsoever arising under common law, statutory law or in equity of any type or nature whatsoever and that arise under or are in any way related to the following areas are subject to binding and final arbitration: (a) Tinker, (b) the Website, (c) the App, (d) the Services, (e) these Terms of Use, (f) the Privacy Policy, (g) your Account, and (h) and any all other matters directly or indirectly related to these areas (“Claims”) are subject to binding and final arbitration. If the parties are unable to resolve any Claim through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Claim has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Claim. Such arbitration proceeding shall be filed with and conducted by the American Arbitration Association (“AAA”), which can be located and contacted at: http//www.adr.org. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to Optional Appellate Arbitration in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential or indirect damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules. Attorneys’ fees shall be borne by each party independently and no party shall be liable for the attorneys’ fees of the other party. This Arbitration Agreement does not allow for the filing of class action, mass action, or consolidated arbitration proceedings, and such arbitration proceedings are prohibited. This Arbitration Agreement applies mutually to you and Glocal. You further agree that any Claims regarding the scope or interpretation of this Arbitration Agreement are delegated to Arbitration for decision by the applicable arbitrator. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO A JURY TRIAL THROUGH THIS ARBITRATION AGREEMENT, AS WELL AS ANY RIGHT YOU MAY HAVE TO PRESENT YOUR CLAIM OR DISPUTE IN A COURT OF LAW.

Should any court proceeding nonetheless be filed, you and Glocal have the right to enforce this Arbitration Agreement solely and exclusively in the state or federal courts in the County of Los Angeles, California. You agree that any Arbitration Award or order rendered by the arbitrator may be confirmed as a judgment or order in the state or federal courts in the County of Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

CLASS ACTION WAIVER.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND GLOCAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Notwithstanding any other provision of these terms, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO BRING A CLASS ACTION, CLASS ARBITRATION, OTHER PROCEDURAL DEVICE, OR OTHER REPRESENTATIVE ACTION THROUGH THIS CLASS ACTION WAIVER.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, TINKER, THE WEBSITE, THE APP, AND/OR ANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and no failure by us to assert a right or provision under these Terms of Use shall constitute a waiver of such right or provision.

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

Use of Recordings and Pictures

Glocal may use all recordings and likeness of the vehicle booked for an Information Session and its location in internal training and external marketing campaigns. Individual Consumer or Expert information such as address, name, facial likeness, work experience, license plate number/vehicle identification number will be protected and any external use must be expressly approved by the Consumer or Expert, as applicable.

For Apple iOS Users

By accessing or downloading the App from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”). This Agreement governs if there is a conflict with the Apple Terms.

You acknowledge and agree that (i) these Terms are binding between you and Glocal only, and Apple is not a party hereto, and (ii) as between Glocal and Apple, it is Glocal that is responsible for the App and the content thereof. You must use the iOS App only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support with respect to the App.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the App, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and Tinker, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Tinker’s responsibility, but only to the extent provided by these Terms of Use. Please read the entire Terms of Use, as other sections of these Terms of Use limit Tinker’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Glocal regarding Tinker, the Website, the App, and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Tinker, the Website, the App and the Services.

Your Comments and Concerns

Tinker, including the Website and App, is operated by Glocal.

Any feedback, comments, requests for technical support, and other communications relating to Tinker should be directed to: support@tinkerdiy.com.