PLATFORM USE GRANT AGREEMENT CALLED "LINK2WASH Business Pro", IS ENTERED BY M3K AUTO GROUP L.L.C, REPRESENTED HEREINAFTER "LINK2WASH Business Pro" AND ON THE OTHER HAND THE “CONTRACTOR" STATING THE SAME CONTENTS AND FOR THE SOLE PURPOSE OF THE FOLLOWING TERM AND CONDITIONS.
1.- L2W grants the use of the platform called "L2W" in favor of the CONTRACTOR, and this was bound to carry out an appropriate use of the platform, sticking to the stipulations in the Manual of Procedures and Norms.
L2W shall collect information about CONTRACTOR when using the platform, websites and other online products and services (including all the "Services") and through other interactions and communications you have with L2W. For people residing in the United States, Services are provided by U.S. Trade Agents, LLC, and its US affiliates (hereinafter “L2W”).
2.- According to the concession of use, the CONTRACTOR must have the equipment and materials to provide the services he represents on the platform.
3.- Without L2W prior written consent, CONTRACTOR may not make any modifications to the application called "L2W" as well as to the services and procedures provided through it.
4.- The duration of this agreement is indefinite if the CONTRACTOR agrees and accepts the stipulated terms and conditions.
5.- CONTRACTORshall assume the full responsibility of the staff who hires to carry out use of the platform stipulated in the first term of this agreement, so this agreement does not create any working relationship between the CONTRACTOR or any other member of the company with L2W, this is an agreement between individuals participating in a system of shared economy, where L2W provides technology and organic marketing, and CONTRACTOR provides, labor, equipment, product, techniques and quality as a third-party contractor.
6.- Scope and Application. The application of the obligations stipulated in this Agreement shall be valid only in the territory of the United States of America It Also Does Not apply to people or customers who use the application to apply for Car wash service ("Users "). If you interact with Services as Users.
7.- Information Gathering. L2W may collect personal information from CONTRACTOR or Customers, when it creates an account and uses L2W Services, including location data, that information can be stored, processed and/or accessed by L2W, as well as its service providers, for commercial purposes, including marketing, leadership generation, development and improvement of services, analysis, industry and market research, and other purposes consistent with the legitimate business needs of L2W and its affiliates.
By submitting information to L2W during the account creation process and/or using the Services, such collection and use of personal data is accepted.
8.- Information from CONTRACTOR to third parties. Matter to all applicable laws, L2W may provide a third party with any information (including personal details and any L2W data) about CONTRACTOR provided below if: (a) There is a complaint, litigation or conflict, including an accident, relative to a CONTRACTOR; (b) It is necessary to enforce the terms of the CONTRACTOR agreement; (c) L2W, requires by applicable law, regulation, ordinance, license or operating agreement; (d) It is necessary, at L2W's sole discretion, to protect the security, rights, property or security of L2W, the services of L2W, or any third party; To detect, prevent or otherwise address fraud, safety or technical issues; and/or to prevent or stop the activity that L2W, in its sole discretion, considers it to be, or poses a risk of being, illegal, unethical, or legally prosecutable.
9.- Location based on grant of services. CONTRACTOR expressly grants the use of L2W of location-based services and expressly waives and releases L2W from any liability, claim, cause of action or damage arising from your use of L2W Services, or in any manner related to the use of precise localization and other location-based services.
10.- Payments. L2W shall make payments based on the quantities agreed below:
Each day L2W platform calculates the revenues obtained by CONTRACTOR and returns the amount corresponding to 94.01% each day, the payment will be available in our system through a Digital Wallet processor “cash out” with additional fee of $.50 cent each transaccion. The remaining 5.99% will be retained and considered fees for technology software access (L2W software, website www.link2wash.com and APP’s) & administration cost. (The amounts available will only be for completed and paid services)
L2W may withhold payments from CONTRACTOR when the latter is removed from the platform and does not resume its activities in the corresponding locations
11.- Insurance. The CONTRACTOR is responsible for having commercial insurance at the beginning and while it is operating within our platform.
CONTRACTOR shall be responsible for the staff trained to carry out the purpose of this agreement, and it is not responsible for any civil, penal, labor or any other liability applicable to L2W.
In case of an accident occurring in provided service CONTRACTOR dissociates from any legal responsibility and payment to L2W, being CONTRACTOR the sole and exclusive responsible for paying the damages caused as well as applicable insurance deductibles.
12.- L2W does not create any working relationship between the CONTRACTORL2W company, this is an agreement between parties in a shared economy scheme, where L2W provides technology platform, and the CONTRACTOR provides staff, work, equipment, techniques and quality as an independent contractor (W 9-FORM). This Agreement does not create any working relationship between CONTRACTOR or any other member of L2W company, this is an agreement between individuals participating in a collective economies scheme, where L2W provides technology platform, and CONTRACTORprovides staff, work, equipment, techniques and quality as an independent contractor or any of its subsidiaries or employees ("affiliates") does not accept or consider unsolicited or third party ideas or suggestions to avoid possible Misunderstandings or disputes in the event that L2W's marketing products, services or strategies seem similar to unsolicited ideas submitted to L2W. Unsolicited ideas or suggestions include, among others, ideas for technologies, products, services, processes, materials, names, works of art or advertisements, promotions or other new or improved marketing plans or campaigns.
L2W respects the rights of ideas, so it will not request the submission of any idea or suggestion in any way to L2W or any of its affiliates. If, notwithstanding such request, any unsolicited idea or suggestion is sent, regardless of what the communication says regarding the presentations, the following terms shall apply to your presentations:
CONTRACTOR accepts that:
13.- The rights and obligations. Arising from this Agreement shall be undertaken by THE PARTIES and may not be ceded, transferred, negotiated, or otherwise affected by the "CONTRACTOR" without the express written consent of "L2W".
14.- Termination. "L2W" may give by terminated this agreement without the need of a judicial statement and without any liability, shall be by written notice signed by the legal representative with 5 calendar days in advance to take Effects the termination and/or at any time, where there is any breach of the obligations agreed between the two parties and/or any of the following terms: To death or disable "CONTRACTOR".
15.- Limitation of liability. To the maximum extent permitted by applicable law, L2W and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the platform and services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not L2W has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
16.- Disclaimer of warranty. You expressly agree that use of this platform is at your sole risk. neither L2W, its subsidiaries affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, reliability or content of any information, service or vouchers provided through this platform. the platform is made accessible on an "as is" and "as available" basis. L2W hereby disclaims any and all representations, warranties and conditions, whether express or implied, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.
17.- Copyright and Trademarks. Everything located on or in this Platform is the exclusive property of L2W or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF L2W IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Platform and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the platform are protected by copyright as a collective work under the United States copyright laws. L2W owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of L2W or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
18.- If you create an account on our platform, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined, or otherwise shared with any other person. If you violate any of these limitations, we may terminate your account and, without limitation. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the platform or in connection with your L2W account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Platform.
19.- Regarding the interpretation and enforcement of this agreement, the parties agree to comply with all applicable law and jurisdiction of the courts in the United States of America, the parties hereby expressly waiving the jurisdiction that may correspond to them according to their present or future addresses.