**Effective Date:** [EFFECTIVE DATE — to be filled in on go-live] **Last Updated:** [EFFECTIVE DATE]
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1. Acceptance of These Terms
These Terms of Service (the **"Terms"**) form a binding legal agreement between you (**"you,"** **"your,"** or **"Customer"**) and Vehicle Inspectors ("**VI**," "**we**," "**us**," or "**our**"), a service operated by Ketchup Consulting, a California limited liability company.
By accessing or using the VehicleInspectors.com website (the **"Site"**), booking any inspection, creating an account, or clicking "I Agree" on any form, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree to all of these Terms, do not use the Site or book any inspection.
**You must be at least 18 years old and capable of entering into a binding contract to use this Site.**
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2. Definitions
- **"Inspection"** means a pre-purchase, fleet, RV, specialty, or other vehicle inspection service requested by a Customer through the Site.
- **"Inspection Report"** means the written, photographic, and/or diagnostic deliverable produced by an Inspector following an Inspection.
- **"Inspector"** means an independent third-party professional who performs Inspections. Inspectors are independent contractors and are **not** employees, agents, partners, or representatives of VI.
- **"Booking"** means a Customer's submission of an Inspection request through the Site.
- **"Platform"** means the Site, any related mobile applications, APIs, and the booking, dispatch, scheduling, and reporting systems operated by VI.
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3. The Nature of Our Service — Please Read Carefully
**VI is a technology platform. We do not perform Inspections. We do not inspect vehicles. We do not employ Inspectors.**
VI operates a two-sided marketplace that connects Customers who need vehicle inspections with independent Inspectors who perform them. VI's role is limited to:
- Receiving Customer booking requests
- Matching requests with Inspectors based on location, vehicle type, and availability
- Coordinating scheduling between the Customer and the Inspector
- Facilitating payment from Customer to Inspector
- Hosting and delivering the Inspection Report
**All Inspections are performed by independent third-party Inspectors.** Each Inspector:
- Sets their own methods, tools, and equipment
- Carries their own liability and automotive insurance
- Holds their own certifications, licenses, and credentials
- Bears sole responsibility for the quality, accuracy, completeness, and timeliness of the Inspection and Inspection Report
- Is in business for themselves and may provide similar services to customers of other platforms
VI **does not** warrant, guarantee, or underwrite any Inspector's work. VI does not verify every claim in any Inspection Report. VI does not guarantee any outcome, including but not limited to vehicle condition, defect detection, mechanical soundness, drivability, resale value, or suitability for any purpose.
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4. Your Account and Registration
To book an Inspection, you may be required to provide:
- Your full legal name, email, phone number, and billing address
- Vehicle details (year, make, model, VIN, location, seller contact)
- Payment information (processed through Square, our payment processor)
- Express written consent to receive electronic communications, including SMS
You agree that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
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5. Booking and Payment
5.1 Fees
Inspection fees are listed on the Site and within the booking flow. As of the date of these Terms, our standard packages are:
| Package | Price | Suitable for | |---|---|---| | Bronze | $249 | Budget-conscious / local private-party | | Silver | $349 | Daily drivers, most used vehicles, out-of-state purchases | | Gold | $449 | Exotic, collector, high-value, specialty | | Commercial/Fleet | Custom quote | Commercial trucks, fleet units | | RV/Specialty | Custom quote | Recreational vehicles, special-use equipment |
Prices are subject to change. The price displayed at the time of Booking is the price you pay.
5.2 Payment Timing
**Payment is collected in full at the time of Booking**, processed by Square, Inc. By completing a Booking, you authorize VI to charge your payment method for the full Inspection fee plus any applicable taxes.
5.3 Your Payment Authorization
You represent and warrant that:
- You are authorized to use the payment method you provide
- The payment information is accurate
- You will pay any additional amounts associated with your Booking
VI uses Square, Inc. as its payment processor. Your payment information is handled in accordance with Square's terms and privacy policy. VI does not store your full card number.
5.4 Taxes
Fees are exclusive of applicable taxes. Where required by law, VI will collect and remit sales tax.
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6. Cancellations, Refunds, and Rescheduling
6.1 Before an Inspector is Assigned
If you cancel a Booking before an Inspector has accepted the assignment, you will receive a **full refund** of your payment, less a $15 administrative fee.
6.2 After an Inspector is Assigned, Before On-Site Arrival
If you cancel after an Inspector has accepted but before the Inspector has begun travel to the inspection location, you will receive a **partial refund** equal to the Inspection fee paid, less a $49 dispatch and coordination fee.
6.3 After the Inspector Has Begun Travel or Arrived
Once the Inspector has begun travel to the inspection location or arrived on-site, **the full Inspection fee is non-refundable**, regardless of whether the Inspection is completed.
6.4 No Inspector Match
If VI is unable to match your Booking with an available Inspector within **72 hours** of your Booking confirmation, VI will issue a **full refund** of your payment.
6.5 Rescheduling
You may reschedule a Booking up to 24 hours before the scheduled Inspection time at no charge. Rescheduling requests within 24 hours may incur a $49 rescheduling fee.
6.6 Refund Processing
Refunds are processed through Square and typically appear on your statement within 5–10 business days.
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7. Independent Contractor Relationship — Critical Provision
**Every Inspector is an independent contractor, not an employee, agent, representative, partner, franchisee, joint venturer, or worker of VI.**
You acknowledge and agree that:
- No employment, agency, partnership, joint venture, or fiduciary relationship exists between VI and any Inspector
- VI does not supervise, direct, or control the manner, means, or methods by which any Inspector performs an Inspection
- Each Inspector operates as a separate business entity
- Inspectors set their own hours, routes, methods, pricing, and business practices (subject only to the minimum professional standards in the Inspector Agreement)
- VI does not provide Inspectors with tools, equipment, uniforms, or vehicles
- Inspectors are responsible for their own taxes, insurance, licensure, and compliance with all applicable laws
**VI is not legally responsible for the acts, omissions, errors, or conduct of any Inspector.** Your legal remedy for any dispute arising from an Inspection is against the Inspector, not against VI.
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8. No Warranty of Inspection Accuracy — Critical Provision
8.1 Inspection is a Point-in-Time Snapshot
Every Inspection Report describes the condition of a vehicle **at the specific time and location the Inspection was performed, based only on what was reasonably observable by the Inspector using standard inspection techniques**. An Inspection Report:
- Is **not** a guarantee that the vehicle is mechanically sound, safe, roadworthy, or defect-free
- Is **not** a warranty of any kind
- Does **not** predict future mechanical performance, reliability, or value
- Does **not** include any condition that was not reasonably observable without disassembly, invasive testing, or removal of components
8.2 Hidden and Latent Defects
No Inspection can detect every possible defect. Vehicles contain hidden, latent, and emerging conditions that may not be apparent at the time of Inspection, including but not limited to:
- Internal engine or transmission wear not visible externally
- Electronic control module issues not flagged by OBD-II at the time of scan
- Frame or structural damage concealed by body panels or paint
- Prior flood, fire, or collision damage concealed by subsequent repair
- Pending recalls or manufacturer defects not yet public
- Conditions caused by driving, weather, or storage occurring after the Inspection
**You acknowledge that you are making an independent decision to purchase a vehicle and that the Inspection Report is one input among many you should consider.** You should also review vehicle history reports, seller representations, service records, and any other available information, and consult with mechanics, attorneys, or other professionals as appropriate.
8.3 No Endorsement of Vehicles
An Inspection Report is **not** a recommendation by VI or the Inspector to purchase, not purchase, or pay any particular price for any vehicle. All purchase decisions are solely yours.
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9. Limitation of Liability — Critical Provision
**READ THIS SECTION CAREFULLY. IT LIMITS VI'S LIABILITY TO YOU.**
9.1 Cap on Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS, AN INSPECTION, AN INSPECTION REPORT, THE PLATFORM, OR ANY SERVICES PROVIDED BY ANY INSPECTOR, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STATUTE, OR ANY OTHER LEGAL THEORY, **SHALL NOT EXCEED THE AMOUNT YOU PAID TO VI FOR THE INSPECTION IN QUESTION**.
9.2 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY:
- INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
- LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST OPPORTUNITIES
- COST OF REPAIR OR REPLACEMENT OF THE INSPECTED VEHICLE
- DIMINUTION IN VALUE OF THE INSPECTED VEHICLE
- LEGAL FEES, EXPERT WITNESS FEES, OR LITIGATION COSTS YOU INCUR IN DISPUTES WITH THE SELLER OF THE VEHICLE
- EMOTIONAL DISTRESS, INCONVENIENCE, OR LOSS OF USE
- ANY LOSSES RESULTING FROM YOUR PURCHASE OR NON-PURCHASE OF A VEHICLE BASED ON AN INSPECTION REPORT
This limitation applies even if VI has been advised of the possibility of such damages and even if any limited remedy fails of its essential purpose.
9.3 Your Remedy Against the Inspector
Nothing in this Section 9 limits your legal rights directly against an Inspector for the Inspector's own acts or omissions. The Inspector is a separate business and is directly responsible for their own professional conduct.
9.4 Basis of the Bargain
You acknowledge that the fees you pay are based in part on these limitations of liability, and that these limitations form an essential basis of the bargain between you and VI.
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10. Indemnification
You agree to defend, indemnify, and hold harmless VI, its officers, directors, members, employees, contractors, agents, affiliates, and Inspectors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Platform
- Your breach of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third party's rights, including but not limited to any seller of a vehicle
- Any dispute between you and a seller, prior owner, manufacturer, or financier of a vehicle
- Any false, misleading, or incomplete information you provide during Booking
This obligation survives termination of these Terms.
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11. User Conduct and Prohibited Uses
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any law
- Attempt to gain unauthorized access to the Platform, accounts, or systems
- Interfere with, disrupt, or create an undue burden on the Platform or Inspectors
- Misrepresent yourself, your identity, or your affiliation with any person or entity
- Submit false or fraudulent Booking information
- Attempt to circumvent the Platform to contract directly with an Inspector for the purpose of avoiding VI's fees, including but not limited to soliciting an Inspector you met through VI for off-platform work on the vehicle or a vehicle in the same transaction
- Harass, threaten, or harm any Inspector, VI employee, or other user
- Record, monitor, or surveil any communications without appropriate consent under applicable law
- Reverse engineer, decompile, or scrape the Platform
- Use the Platform to develop a competing product or service
Violation may result in immediate account termination, forfeiture of any pending refunds, and legal action.
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12. Intellectual Property
12.1 Our IP
The Platform, including all software, text, graphics, logos, interfaces, trademarks, and designs, is owned by VI, Ketchup Consulting, or its licensors and is protected by United States and international intellectual property laws. You are granted a limited, non-transferable, non-exclusive, revocable license to access and use the Platform solely for the purpose of booking and receiving Inspections.
12.2 Inspection Reports
Upon delivery of your Inspection Report and full payment, you receive a **perpetual, non-transferable license** to use the Inspection Report for your personal, non-commercial purposes related to your evaluation of the inspected vehicle. VI retains a non-exclusive license to use anonymized data from the Inspection Report for quality assurance, training, aggregated analytics, and product improvement. VI will not disclose your personally identifiable information in connection with this use.
12.3 Feedback
If you provide feedback or suggestions to VI, you grant VI a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without compensation to you.
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13. Electronic Communications Consent
You consent to receive communications from VI electronically (by email, SMS, push notification, and Platform messages). You agree that all notices, disclosures, agreements, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
13.1 SMS Program — Express Written Consent
By checking the SMS consent box during Booking, you expressly authorize VI to send you recurring transactional and marketing text messages at the mobile number you provided, using an automatic telephone dialing system or pre-recorded voice technology. Such messages may include:
- Booking confirmations
- Inspector assignment and scheduling updates
- Reminders of upcoming Inspections
- Inspection Report delivery notices
- Service follow-ups and, if you opt in, promotional offers
**Message frequency varies by activity.** Typical transactional activity is 3–8 messages per Booking. **Message and data rates may apply** depending on your mobile carrier plan.
**Consent is not a condition of purchase.** You may book an Inspection without agreeing to receive SMS.
To opt out at any time, reply **STOP** to any message. To get help, reply **HELP**. For our full SMS terms, see `/sms-terms/`. Carriers are not liable for delayed or undelivered messages.
13.2 Email
You consent to receive email communications from VI related to your Bookings and account. You may unsubscribe from promotional emails at any time via the link in each email. Transactional emails (e.g., Booking confirmation, Inspection Report delivery) will continue as long as you have an active Booking.
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14. Privacy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
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15. Modifications to These Terms
VI may modify these Terms at any time. Material changes will be communicated via email and posted on the Site at least **30 days before they take effect** for existing customers. Continued use of the Platform after the effective date constitutes acceptance.
For any Booking that is in progress when Terms change, the Terms in effect at the time of the Booking continue to apply to that Booking.
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16. Termination
16.1 By You
You may close your account at any time by contacting `support@vehicleinspectors.com`. Closing your account does not refund any completed Bookings and does not release you from obligations incurred before termination.
16.2 By Us
VI may suspend or terminate your access to the Platform, with or without notice, for any reason, including but not limited to breach of these Terms, suspected fraud, or compliance with legal process.
16.3 Survival
Sections 7 (Independent Contractor), 8 (No Warranty), 9 (Limitation of Liability), 10 (Indemnification), 12 (Intellectual Property), 17 (Dispute Resolution), 18 (Governing Law), and any other provisions that by their nature should survive, shall survive termination.
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17. Dispute Resolution — Binding Arbitration and Class Action Waiver
**READ THIS SECTION CAREFULLY. IT LIMITS HOW YOU CAN RESOLVE DISPUTES WITH VI.**
17.1 Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Inspection, or any Inspection Report shall be resolved by **binding individual arbitration** administered by the American Arbitration Association (**"AAA"**) under its Consumer Arbitration Rules. The arbitration shall be conducted in Riverside County, California, or, at your election, in the county where you reside, or by video conference.
17.2 Class Action Waiver
**YOU AND VI AGREE THAT EACH PARTY 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.** Further, unless both parties agree, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
17.3 Opt-Out of Arbitration
You may reject this arbitration agreement by sending VI written notice within **30 days** of first accepting these Terms. Notice must be sent by email to `legal@vehicleinspectors.com` with the subject line "Arbitration Opt-Out." If you opt out, disputes shall be resolved in court consistent with Section 18.
17.4 Exceptions
This arbitration agreement does not cover:
- Claims for injunctive relief to protect intellectual property
- Small claims court actions, where both parties may choose that forum
- Any disputes that applicable law requires to be resolved in court
17.5 Fees
The AAA's fee schedule applies, except that for Bookings of $250 or less, VI will pay all arbitration fees if your claim is non-frivolous.
17.6 Attorneys' Fees
Each party bears its own attorneys' fees and costs, except where the arbitrator awards fees consistent with applicable law.
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18. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. For any dispute not subject to arbitration under Section 17, venue is exclusive to the state and federal courts located in Riverside County, California, and you consent to personal jurisdiction there.
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19. Export Controls and International Use
The Platform is operated from the United States and is intended for use by persons in the United States. You are responsible for compliance with all applicable export and import laws.
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20. Force Majeure
VI is not liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government action, labor strikes, or failure of third-party services (including payment processors, telecom carriers, and cloud infrastructure providers).
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21. Assignment
You may not assign these Terms without VI's prior written consent. VI may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
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22. Severability
If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
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23. Entire Agreement
These Terms, together with the Privacy Policy and any Booking confirmation, constitute the entire agreement between you and VI with respect to the Platform and Inspections, superseding any prior or contemporaneous communications.
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24. No Waiver
VI's failure to enforce any provision of these Terms is not a waiver of its right to enforce it later.
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25. Contact
Questions about these Terms? Contact us:
**Vehicle Inspectors** c/o Ketchup Consulting [MAILING ADDRESS — to be filled in] Temecula, California Email: `legal@vehicleinspectors.com` Phone: (757) 618-2938
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**BY CLICKING "I AGREE," COMPLETING A BOOKING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THE PRIVACY POLICY AND AGREE TO BE BOUND BY THEM, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 17.**