Terms of Use
1. Agreement to These Terms
These Terms of Use (the "Terms") constitute a legally binding agreement between you ("you" or "User") and GarageFind LLC, an Illinois limited liability company ("GarageFind"), and govern your access to and use of the GarageFind website and related services (the "Services"). "Buyer" and "Seller" refer to Users acting in those capacities.
You accept these Terms by creating an account, listing an item, completing a purchase, or otherwise accessing or using the Services. If you do not accept these Terms, you may not use the Services.
Acceptance at checkout. In addition to your initial acceptance, each checkout requires you to affirmatively confirm your agreement to these Terms and the policies incorporated by reference, and your acceptance of the as-is, assumption-of-risk acknowledgment set out in Section 12, by selecting a confirmation control that is unselected by default and that must be selected before an order may be submitted. GarageFind records and retains each such acceptance, including the version of these Terms then in effect, the accepting account, and the date and time of acceptance.
ARBITRATION NOTICE. Section 17 requires that most disputes between you and GarageFind be resolved by binding individual arbitration and waives your right to a trial by jury and to participate in any class or representative action. Please review it carefully.
2. Eligibility
You represent that you are at least 18 years of age and have the legal capacity to enter into a binding contract. The Services are offered solely within the United States, are provided through the web interface only, and during the launch period are available by invitation only. GarageFind may decline, condition, suspend, or revoke access to the Services at its discretion, including by withdrawing an invitation.
3. GarageFind's Role
GarageFind operates an online venue through which Users list, discover, and purchase automotive parts. GarageFind is not the buyer or seller of any item, does not take title to any item, and is not a party to any contract of sale formed between Users.
Each contract of sale is formed directly between the Buyer and the Seller. GarageFind does not manufacture, design, recondition, certify, inspect, test, store, possess, package, label, warrant, install, or ship items, and does not assume responsibility for any Seller's conduct or any item's existence, quality, condition, safety, legality, authenticity, fitment, mileage, title, origin, regulatory compliance, or roadworthiness, or for the accuracy, completeness, or legality of any listing. No listing, ranking, search result, badge, communication, dispute assistance, payment facilitation, or other Service feature should be understood as GarageFind's endorsement, certification, inspection, approval, or guarantee of any User, item, listing, transaction, or outcome.
Where GarageFind facilitates payment or assists in resolving a dispute under Section 5, it does so as a service to Users and not as a party to the underlying contract of sale.
4. Transactions and Off-Platform Contact
All purchases on the Services are completed through GarageFind checkout. At checkout, payment is collected and held through GarageFind's payment system and is released to the Seller only after the Buyer accepts the item or the inspection window described in Section 5 expires. Every such transaction is a Purchase Protection Transaction and is eligible for Purchase Protection.
GarageFind does not prohibit Users from communicating with one another or from arranging matters between themselves outside the Services. However, GarageFind does not process or hold payment for, facilitate, mediate, protect, insure, or provide Purchase Protection for any payment or transaction made outside GarageFind checkout. A User who pays or accepts payment outside GarageFind checkout does so entirely at its own risk, is not covered by Purchase Protection, and has no recourse against GarageFind in connection with that payment or transaction; GarageFind is unable to recover funds, compel performance, or adjudicate outcomes for it.
5. Purchase Protection Transactions
Payment and holding of funds. At checkout, the Buyer pays the item price, applicable shipping, and any applicable fees and taxes through GarageFind's third-party payment processor (currently Stripe). You may not use GarageFind to sell any product or service that is prohibited under Stripe's Terms of Service or restricted-business list. If we determine, or Stripe informs us, that your activity violates such rules or applicable law, we may cancel transactions, issue refunds, withhold payouts, and terminate your account.
Payments for transactions on the GarageFind marketplace are processed by Stripe or other payment providers we designate. By selling on GarageFind, you agree to the Stripe Connected Account Agreement and any additional terms Stripe requires. You acknowledge that GarageFind is a marketplace platform and that Stripe, not GarageFind, processes card payments and handles related settlement and compliance obligations. Amounts paid are processed and held by that payment processor for the benefit of the Buyer and Seller and are not finally released to the Seller at the time of checkout. You authorize GarageFind to instruct Stripe to debit transaction amounts from Buyers and to credit net proceeds (minus any fees, adjustments, and chargebacks) to your Stripe connected account. Payouts are subject to Stripe's risk and compliance reviews; Stripe or GarageFind may delay, restrict, or reverse payouts, or require additional information, where necessary to comply with law or payment-network rules.
GarageFind does not itself operate as a bank, escrow company, or money-transmission business, and uses regulated third-party payment processors to handle payments and settlements.
Inspection window. The Buyer has 3 calendar days following confirmed delivery (as established by carrier tracking) to inspect the item and either accept it in the app or open a Purchase Protection claim. If the Buyer takes no action within that period, GarageFind will automatically release payment to the Seller and, as between Buyer and Seller on the GarageFind platform, the sale is treated as final under these Terms, subject to any non-waivable rights the Buyer may have under applicable law.
Scope of coverage. Within the inspection window, a Buyer may open a Purchase Protection claim only where the item (i) was not received, or (ii) is materially not as described in the listing based on objective evidence existing at delivery, including because of an incorrect item, undisclosed material damage, undisclosed material defect, counterfeit status, or a materially different specification or condition. Purchase Protection does not apply unless the Buyer timely submits all information GarageFind reasonably requests, preserves the item and packaging, and cooperates with any return, carrier claim, law-enforcement inquiry, payment-network inquiry, or other investigation.
Exclusions. Purchase Protection does not extend to buyer's remorse; compatibility, fitment, emissions, inspection, registration, title, licensing, or installation issues the Buyer failed to verify before purchase; ordinary wear or deterioration consistent with the listing; cosmetic variation not materially inconsistent with the listing; missing instructions, hardware, packaging, or accessories not expressly included in the listing; costs of diagnosis, removal, installation, reinstallation, tuning, calibration, storage, towing, transport, rental, lost use, lost time, lost profits, diminution in value, or substitute parts; damage, loss, theft, alteration, installation, attempted installation, use, or resale after delivery or acceptance; personal injury, property damage, regulatory penalties, or consequential losses; or any payment made outside GarageFind checkout. Purchase Protection is a discretionary, contract-based program administered by GarageFind; it is not a warranty, insurance policy, escrow service, product certification, safety inspection, or substitute for professional inspection, and it does not limit any non-waivable rights the Buyer may have under applicable law.
Resolution; sole and exclusive remedy vis-a-vis GarageFind. GarageFind will review claims and supporting materials, including photographs, carrier records, communications, and other documentation, and may require return of the item in the condition received. GarageFind may deny a claim, require additional information, require return shipment, issue a full or partial refund, release funds to the Seller, or reach another resolution it considers appropriate in its reasonable discretion under this Purchase Protection program. Where the Buyer and Seller do not reach agreement, GarageFind may make a final determination of the claim for purposes of administration of the transaction on the GarageFind platform, and you authorize GarageFind to do so, subject to any applicable rights you may have with your card issuer, bank, payment provider, or under governing law.
To the maximum extent permitted by applicable law, any refund, partial refund, or other resolution provided under Purchase Protection constitutes the Buyer's sole and exclusive contractual remedy against GarageFind in respect of any item that is not received or is not as described, and GarageFind has no obligation to reimburse amounts exceeding the transaction amount actually paid through GarageFind checkout. This limitation does not affect any rights the Buyer may have against the Seller or any non-waivable rights under consumer-protection, defect, or warranty laws.
No duplicate recovery; chargebacks. A Buyer may not seek duplicate recovery for the same transaction under both Purchase Protection and a chargeback, card-network dispute, payment-provider claim, bank claim, or similar reversal process. If a Buyer initiates any such process, GarageFind may close, suspend, or deny any related Purchase Protection claim, release or withhold funds as appropriate, provide transaction information to the payment processor or card network, and offset any duplicate recovery, all in accordance with applicable payment-network rules and law. A Buyer must promptly return or repay any duplicative refund, credit, reversal, or other recovery.
6. Selling
Accuracy of listings. A Seller is solely responsible for its listings and must describe accurately each item's condition, specification, history, and defects, and must hold the legal right to sell the item. Listing images must depict the actual item offered.
Payment onboarding. To receive funds for Purchase Protection Transactions, a Seller must establish a connected payment account through GarageFind's payment processor, Stripe, and provide the information Stripe requires to verify the Seller's identity. A Seller's use of the payment service is governed by the Stripe Connected Account Agreement and the Stripe Services Agreement, which are incorporated by reference, and which the Seller must accept before receiving payments. GarageFind's payment processor may obtain information from identity and credit reference agencies to verify the Seller. GarageFind and Stripe are independent parties; nothing in these Terms creates a partnership or agency between them, and GarageFind cannot make commitments on Stripe's behalf.
Payout. Funds for a Purchase Protection Transaction are released to the Seller's connected account after the Buyer accepts the item or the inspection window expires, subject to Stripe's payout schedule.
Reimbursement, reserves, offsets, and negative balances. Where a Buyer is entitled to a refund under Purchase Protection, a transaction is reversed, or a Buyer prevails on a chargeback, card-network dispute, payment-provider claim, bank claim, or similar process, you authorize GarageFind and its payment processor to refund the Buyer, reverse or withhold transfers, offset against current or future amounts payable to you, establish or increase reserves, delay payout, debit available balances where permitted, and recover the corresponding amount from the Seller's sale proceeds, connected account balance, future transactions, or, where those are insufficient, by other lawful means. The Seller remains fully responsible for any negative balance, refund, reversal, chargeback, dispute fee, payment-network fine, processor fee, investigation cost, collection cost, or other loss or cost arising from its listings, items, transactions, or breach of these Terms, whether incurred by GarageFind, its payment processor, or another User.
Shipping. A Seller must ship within the stated handling time using a tracked method and is responsible for adequate packaging. Many items (including wheels, tires, rotors, and brake assemblies) are heavy or freight-class; the Seller must select an appropriate method and represent shipping cost and lead time accurately.
7. Fees
GarageFind charges fees in respect of Purchase Protection Transactions, which are disclosed before a sale is completed. GarageFind may amend its fees prospectively upon notice.
8. Prohibited and Restricted Parts
The Prohibited and Restricted Parts Policy is incorporated into these Terms by reference, and this Section summarizes it. Listing a prohibited item may result in removal of the listing, suspension or termination of the account, and referral to the appropriate authorities.
You may not list, sell, ship, offer, or facilitate the sale of:
- counterfeit, nonfunctional, previously-deployed, tampered, altered, disabled, or recalled airbags, seat belts, crash sensors, inflators, control modules, supplemental restraint system (SRS) components, or any device that masks, bypasses, or simulates a missing, nonfunctional, counterfeit, or recalled safety component;
- used, salvaged, recycled, unlabeled, improperly labeled, or unverifiable catalytic converters, except where expressly permitted by applicable federal, state, and local law and GarageFind policy;
- emissions defeat devices, delete kits, tunes, software, oxygen-sensor simulators, OBD readiness monitor bypasses, or other items whose principal purpose or effect is to bypass, defeat, disable, misrepresent, or interfere with emissions controls or regulatory compliance;
- parts subject to an open safety recall, stop-sale, legal hold, or manufacturer safety campaign unless expressly permitted by law and GarageFind policy;
- counterfeit, trademark-infringing, falsely represented OEM, or misbranded parts;
- stolen parts, parts with removed, altered, or obscured identifying marks, VIN plates, title documents, odometer-tampering devices, license-plate concealment devices, or parts offered without provable ownership;
- hazardous, regulated, or restricted materials that may not lawfully be shipped by the selected carrier; and
- any item the sale, possession, shipment, import, export, installation, or use of which is otherwise unlawful, unsafe, or prohibited by GarageFind policy.
All other parts, including used, wear, performance, racing, off-road, modified, salvage, rebuilt, refurbished, and safety-critical parts, may be listed only if lawful and accurately described, and are sold as-is, with the Buyer assuming all risk, subject to Section 12 and to the Seller's obligation to describe each item accurately. GarageFind may remove any listing, block or reverse any transaction, require additional documentation, impose category-specific acknowledgments, restrict payout, or suspend or terminate any account where GarageFind believes an item may be unsafe, unlawful, misdescribed, recalled, counterfeit, stolen, or otherwise inappropriate for the Services.
9. Off-Platform Contact
GarageFind does not prohibit Users from communicating with one another or from arranging a sale outside GarageFind checkout. Any such off-platform arrangement is solely between the Users; it is not processed, held, facilitated, protected, or insured by GarageFind, is not covered by Purchase Protection, and is made entirely at the Users' own risk. GarageFind's fees apply only to transactions completed through GarageFind checkout.
You remain responsible for complying with these Terms, the Prohibited and Restricted Parts Policy, and applicable law in any communication or arrangement conducted through the Services, and you may not use the Services to defraud another User, misrepresent an Item, or facilitate any unlawful, prohibited, or restricted Item or transaction, whether on- or off-platform.
10. Your Content
You retain ownership of the photographs, text, and other materials you submit ("Your Content"). You grant GarageFind a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute Your Content for the purpose of operating, promoting, and improving the Services. You represent that you hold the rights necessary to grant this license and that Your Content does not infringe the rights of any third party or violate any law.
You may not post content that is false, misleading, infringing, defamatory, or harassing, or that is otherwise unlawful, and you may not interfere with another User's listings or transactions.
11. Intellectual Property; Infringement Claims
The Services, including all content, data, software, algorithms, databases, user interfaces, designs, trademarks, service marks, trade names, and the "GarageFind" name and logo (collectively, the "GarageFind IP"), are owned exclusively by GarageFind or its licensors and are protected by applicable intellectual property and unfair competition laws. Subject to your compliance with these Terms, GarageFind grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for their intended purposes.
Except as expressly permitted by GarageFind in writing, you shall not, and shall not permit any third party to: (a) copy, reproduce, distribute, publicly display, or create derivative works from the Services or GarageFind IP; (b) scrape, crawl, harvest, or otherwise extract data from the Services, including through automated means (e.g., bots, scripts, or APIs not provided by GarageFind); (c) reverse engineer, decompile, or attempt to derive source code or underlying structure of the Services; (d) use the Services or any GarageFind data to build, train, or improve any competing product or service, including any machine learning or artificial intelligence models; (e) benchmark or otherwise analyze the Services for competitive purposes; or (f) circumvent or attempt to circumvent any technical or contractual restrictions. Any unauthorized use will constitute a material breach and may result in immediate suspension or termination of access, in addition to any other remedies available at law or in equity, including injunctive relief.
If you believe that any content on the Services infringes your intellectual property rights, you may submit a notice to GarageFind's designated DMCA agent at legal@garage-find.com (or such other address as may be updated), including all information required under 17 U.S.C. Section 512(c)(3). GarageFind will investigate and respond to properly submitted notices, may remove or disable access to allegedly infringing material, and will, in appropriate circumstances, terminate users who are repeat infringers. GarageFind also complies with applicable counter-notification procedures under the DMCA.
12. Disclaimers
THE SERVICES, AND ALL ITEMS LISTED THROUGH THEM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GARAGEFIND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
GARAGEFIND MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY ITEM, INCLUDING ITS CONDITION, AUTHENTICITY, SAFETY, LEGALITY, FITMENT, MILEAGE, TITLE, OR SUITABILITY FOR STREET, OFF-ROAD, TRACK, RACING, COMPETITION, EMISSIONS-CONTROLLED, OR ANY OTHER USE. USED, PERFORMANCE, MODIFIED, SALVAGE, REBUILT, REFURBISHED, WEAR, AND SAFETY-CRITICAL AUTOMOTIVE PARTS MAY BE DEFECTIVE, WORN, DAMAGED, ALTERED, COUNTERFEIT, RECALLED, IMPROPERLY LABELED, UNSUITABLE, UNLAWFUL FOR A PARTICULAR USE OR JURISDICTION, OR DANGEROUS EVEN IF A LISTING APPEARS ACCURATE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT ANY ITEM IS CORRECT, SAFE, LAWFUL, COMPATIBLE, AND APPROPRIATE FOR YOUR VEHICLE, JURISDICTION, AND INTENDED USE, AND FOR HAVING IT INSPECTED, INSTALLED, CALIBRATED, TESTED, AND MAINTAINED BY A QUALIFIED PROFESSIONAL BEFORE USE. YOU ASSUME ALL RISK ARISING FROM THE SEARCH, LISTING, PURCHASE, SALE, SHIPPING, HANDLING, INSPECTION, INSTALLATION, CALIBRATION, TESTING, USE, MISUSE, FAILURE, REMOVAL, RESALE, OR DISPOSAL OF ANY ITEM.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GARAGEFIND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR ANY TRANSACTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, GARAGEFIND'S AGGREGATE LIABILITY FOR ANY CLAIM OR SERIES OF RELATED CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR A TRANSACTION WILL NOT EXCEED THE GREATER OF: (a) THE AMOUNT OF GARAGEFIND FEES ACTUALLY PAID TO AND RETAINED BY GARAGEFIND FOR THE TRANSACTION GIVING RISE TO THE CLAIM; (b) THE AMOUNT PAYABLE TO THE BUYER UNDER ANY APPLICABLE PURCHASE PROTECTION FOR THE TRANSACTION AT ISSUE; OR (c) ONE HUNDRED U.S. DOLLARS (USD $100) (THE "FLOOR AMOUNT"). THE FOREGOING CAP APPLIES IN THE AGGREGATE ACROSS ALL THEORIES OF LIABILITY AND ALL CLAIMS ARISING FROM THE SAME OR RELATED FACTS OR CIRCUMSTANCES.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND APPLY REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, WARRANTY, MISREPRESENTATION, OR EQUITY), AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION: (i) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A PARTY'S NEGLIGENCE WHERE SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED; (ii) LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE EXTENT SUCH LIABILITIES CANNOT BE LIMITED, THE FOREGOING CAP SHALL NOT APPLY SOLELY TO THAT NON-LIMITABLE PORTION.
SECTION 12 ALLOCATES RISK BETWEEN USERS AND GARAGEFIND AND IS INTENDED TO SUPPLEMENT -- AND NOT TO EXPAND -- THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. FOR THE AVOIDANCE OF DOUBT, A USER'S ASSUMPTION OF RISK DOES NOT OPERATE TO WAIVE OR LIMIT LIABILITY WHERE SUCH WAIVER OR LIMITATION IS PROHIBITED BY LAW, INCLUDING FOR NON-WAIVABLE PERSONAL INJURY CLAIMS.
USERS ACKNOWLEDGE THAT CERTAIN RISKS ASSOCIATED WITH PARTS, INSTALLATION, AND USE MAY RESULT IN PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH. GARAGEFIND DOES NOT MANUFACTURE, INSPECT, OR CONTROL THIRD-PARTY PARTS OR INSTALLATION SERVICES. ACCORDINGLY, PRODUCT LIABILITY, SELLER LIABILITY, AND/OR MARKETPLACE OR COMMERCIAL GENERAL LIABILITY INSURANCE MAINTAINED BY SELLERS, INSTALLERS, AND/OR GARAGEFIND (AS APPLICABLE) IS INTENDED TO SERVE AS THE PRIMARY FINANCIAL BACKSTOP FOR SUCH RISKS. GARAGEFIND MAY, IN ITS DISCRETION, REQUIRE PARTICIPATING SELLERS OR SERVICE PROVIDERS TO MAINTAIN MINIMUM INSURANCE COVERAGE AS A CONDITION OF PLATFORM ACCESS.
14. Indemnification
You will defend, indemnify, and hold harmless GarageFind, its affiliates, and their respective officers, directors, managers, members, employees, contractors, agents, payment processors, licensors, successors, and assigns from and against any claim, demand, action, investigation, loss, liability, damage, judgment, settlement, penalty, fine, cost, or expense, including reasonable attorneys' fees and costs, arising out of or relating to: your listings, items, content, communications, transactions, shipping, packaging, installation advice, returns, refunds, chargebacks, tax obligations, or disputes; your breach or alleged breach of these Terms or any policy incorporated by reference; your violation or alleged violation of any law, regulation, third-party right, payment-network rule, carrier rule, or GarageFind policy; any allegation that an item is unsafe, defective, counterfeit, stolen, recalled, misdescribed, misbranded, noncompliant, or unlawful; and any injury, death, property damage, economic loss, regulatory action, or third-party claim arising from an item you list, sell, purchase, install, use, resell, ship, or otherwise handle. GarageFind may control the defense and settlement of any matter subject to indemnification, and you will cooperate as reasonably requested.
15. Suspension and Termination
GarageFind may suspend, restrict, withhold payouts from, remove listings from, or terminate your access to the Services at any time, with or without notice, including for violation of these Terms, suspected fraud, suspected unlawful or unsafe activity, excessive claims, chargebacks or refund activity, regulatory risk, payment-processor or carrier concern, marketplace-integrity concerns, or legal or business reasons. GarageFind may preserve, disclose, or provide information to payment processors, carriers, law enforcement, regulators, rights holders, insurers, or affected Users where GarageFind believes doing so is appropriate to investigate, prevent, or address fraud, safety issues, legal violations, policy violations, or payment disputes. The provisions that by their nature should survive termination, including Sections 3, 5 through 7, 10 through 14, 16, 17, and 19, survive termination.
16. Taxes
Purchase Protection Transactions. In respect of transactions processed through GarageFind checkout, GarageFind may be a marketplace facilitator and may be required to calculate, collect, and remit applicable sales tax, in which case such tax is shown at checkout.
Off-platform transactions. GarageFind does not process payment for, and assumes no tax-collection obligation in respect of, any transaction completed outside GarageFind checkout. The Buyer and Seller are solely responsible for any taxes arising from such a transaction.
Each Seller is responsible for its own income and business taxes.
17. Dispute Resolution; Arbitration; Governing Law
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles, and all non-waivable consumer protections remain available under Illinois law. The parties agree that the seat of any arbitration shall be Chicago, Illinois, and that any in-person arbitration hearings shall take place in Cook County, Illinois, unless the parties and the arbitrator agree otherwise.
Except for a claim that may be brought in small-claims court on an individual basis as described below, you and GarageFind agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any listing, any transaction, any item, Purchase Protection, communications between Users, or any relationship between you and GarageFind (collectively, "Claims") exclusively by binding individual arbitration. You and GarageFind waive the right to a trial by jury for any Claims and the right to litigate such Claims (except as expressly provided in this Section). Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, including any applicable AAA Mass Arbitration Supplementary Rules, except as modified by this Section. If AAA is unable or unwilling to administer the arbitration, the parties will mutually select another nationally recognized arbitration provider with similar consumer-due-process standards; if the parties cannot agree, a court of competent jurisdiction in Cook County, Illinois will select the administrator.
Either party may elect to bring an individual Claim in small-claims court in Cook County, Illinois, if that court has jurisdiction over the Claim and the amount in controversy falls within that court's monetary limits. Filing or defending an individual Claim in small-claims court does not waive either party's right to arbitration of Claims that are not eligible for small-claims court.
Notwithstanding the agreement to arbitration, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction in Cook County, Illinois, for Claims relating to intellectual property, data security, unauthorized access to the Services, or misuse of the Services, without waiving its right to arbitration of any damages Claims. The arbitrator may also award individual injunctive or equitable relief to the extent permitted by applicable law and necessary to resolve the individual Claim before the arbitrator.
If you initiate arbitration, you will be responsible only for any consumer filing fee required by the AAA Consumer Arbitration Rules, and GarageFind will pay or reimburse any remaining filing fee and will pay all AAA administration fees and arbitrator compensation. Each party will pay its own attorneys' fees and costs, and the arbitrator may award attorneys' fees and costs only to the extent permitted by applicable substantive law. The arbitrator may not award any fees or costs in a manner that is inconsistent with the AAA Consumer Arbitration Rules or applicable law.
To the fullest extent permitted by law, you and GarageFind agree that each may bring Claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, private-attorney-general, or representative action. The arbitrator shall have no authority to hear or resolve any Claims on a class, collective, consolidated, private-attorney-general, or representative basis, or to award relief for or against anyone other than the individual party in arbitration. Class, collective, consolidated, private-attorney-general, or representative arbitration is not permitted.
If any portion of this arbitration agreement or class-action waiver is found unenforceable, the unenforceable portion shall be severed and the remainder shall continue in full force and effect. However, if the class-action waiver in subsection (i) is found unenforceable with respect to a particular Claim, that Claim (and only that Claim) must be litigated in a court of competent jurisdiction in Cook County, Illinois, and the parties agree that they will not seek or permit class, collective, consolidated, private-attorney-general, or representative arbitration of such Claim.
This arbitration agreement and class-action waiver survive the termination of your account or these Terms and apply to any Claims, whether arising before or after termination.
18. Changes to These Terms
GarageFind may amend these Terms. Material changes will be communicated with reasonable notice, and your continued use of the Services after the effective date of a change constitutes acceptance of the amended Terms.
19. General
These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and GarageFind with respect to the Services. If any provision is held unenforceable, the remaining provisions remain in full force and effect. GarageFind may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign these Terms without GarageFind's prior written consent. GarageFind's failure to enforce any provision does not constitute a waiver of it.
Contact: support@garage-find.com for general inquiries; legal@garage-find.com for legal notices. GarageFind LLC, 2501 Chatham Road, Suite N, Springfield, IL 62704