TERMS OF SERVICE Effective Date: January 1, 2025 1. INTRODUCTION AND ACCEPTANCE 1.1 Overview. These Terms of Service (“Terms”) govern your (“Customer,” “User,” or “you”) access to and utilization of (a) the internet domain located at www.metroplexautorepair.com (the “Website”), which is owned, operated, and controlled by Metroplex Auto Repair (“Metroplex Auto Repair” or “we”); and (b) any or all associated products, services, repairs, parts, shipping processes, data exchanges, content, functionalities, or transactions collectively referred to herein as the “Services.” These Terms form a legally binding agreement between you and Metroplex Auto Repair. 1.2 Binding Consent. By viewing, browsing, accessing, downloading, purchasing, scheduling, receiving, or utilizing any portion of the Website or Services, you explicitly: Acknowledge reading, understanding, and agreeing to abide by these Terms in their entirety; Represent and warrant that you have the capacity and legal authority to enter into a binding agreement on your own behalf and/or on behalf of the entity you represent (if applicable); and Waive any right to claim the invalidity of these Terms based upon any failure of the Terms to conform to local or specialized law, except where such waiver is expressly prohibited by law. 1.3 Automatic Acceptance of Revisions. Metroplex Auto Repair reserves the exclusive right, at its sole and absolute discretion, to revise, modify, amend, or otherwise alter any portion of these Terms at any time, with or without prior notification to you. We will publish the updated Terms on the Website, along with a revised “Effective Date.” Your continued use of the Services, including any new or additional features that augment or enhance the current Services, constitutes acceptance of the most recent version of these Terms. 1.4 Immediate Discontinuation Requirement. If you cannot or will not comply fully with any portion of these Terms, or you find any provision herein to be objectionable, you must cease using the Website and Services immediately. 2. ELIGIBILITY AND APPLICABLE LAW 2.1 Minimum Age; Jurisdictional Requirements. You represent, warrant, and covenant that you are at least eighteen (18) years of age, or the age of majority in your applicable jurisdiction, whichever is greater. The Services are intended solely for individuals and entities that can lawfully form binding contracts and not otherwise prohibited from entering into these Terms under the laws of the United States, the State of Texas, or other relevant governing bodies. 2.2 U.S.-Centric Operations. Metroplex Auto Repair operates under the statutes, regulations, and case law of the United States and, specifically, the State of Texas. We make no representation that the Website, or the Services, are appropriate or available for use in other jurisdictions, and accessing them from territories where such activities are deemed illegal is strictly prohibited. If you access or use the Website or Services from any location outside the United States, you do so voluntarily and bear sole responsibility for compliance with local laws. 3. NATURE AND SCOPE OF SERVICES 3.1 Automotive Repair Services – “As-Is” and “Emergency” Basis. Temporary or Subpar Quality: Metroplex Auto Repair offers temporary, emergency, or stopgap automotive repair services, which may be subpar in workmanship and not intended to meet any standard of completeness or longevity. No Warranty or Guarantee: All repairs are provided on an “as-is” basis, without warranties (express, implied, or statutory). All post-repair obligations, including further inspections or OEM corrections, lie exclusively with the Customer and at the Customer’s expense. 3.2 Parts Sales – “As-Is, Where-Is.” No Representations of Condition: Metroplex Auto Repair may from time to time sell automotive parts or components on an “as-is, where-is” basis, without any representation or warranty regarding (i) the merchantability; (ii) fitness for any particular purpose; (iii) non-infringement of intellectual property; (iv) quality; or (v) any other characteristic. Disclaimer of UCC Protections: To the maximum extent allowable by law, we hereby disclaim all implied warranties under the Uniform Commercial Code (U.C.C.) §§ 2-314, 2-315, 2-316, and any applicable modifications thereto, as well as any comparable state laws or international conventions. 3.3 Online Scheduling and Quotations. Estimated Only: Any and all quotes, estimates, or ranges of pricing provided online or through any other means are non-binding and subject to change without prior notice. Right to Modify: Metroplex Auto Repair reserves the unfettered right to modify, withdraw, or cancel any quote or scheduled appointment at any time, for any reason or no reason at all. 3.4 Shipping Procedures and Risk of Loss. Carriers: Should Metroplex Auto Repair engage in shipping or dispatch of parts or products, we may utilize third-party carriers, including but not limited to USPS, UPS, FedEx, private freight, or any other logistics providers. Transfer of Risk: Title and risk of loss pass to the Customer immediately once the item leaves our possession. The Customer is obliged to pursue all insurance claims, damage claims, or loss claims directly with the carrier, and Metroplex Auto Repair disclaims any obligation or liability associated therewith. 4. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY 4.1 No Warranty of Any Kind (Magnuson-Moss and Other Laws). Absolute Disclaimer: To the fullest extent permissible under the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seq.), the U.C.C., and any analogous federal or state statutes, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike quality, durability, habitability, title, non-infringement, or arising from course of dealing or usage of trade. Scope: This disclaimer applies to all aspects of Services, including, but not limited to, repairs, parts, equipment, or any data or content on the Website. 4.2 Limitation of Liability; Exclusion of Consequential Damages. Cap on Damages: Under no circumstances shall the total, aggregate liability of Metroplex Auto Repair (including its subsidiaries, affiliates, directors, officers, employees, contractors, agents, successors, and assigns) exceed the lesser of (a) fifty U.S. dollars (USD $50), or (b) the total amounts you have actually paid to Metroplex Auto Repair in the six (6) months preceding the event giving rise to the alleged liability. Exclusion of Special Damages: In no event shall Metroplex Auto Repair be liable for any incidental, indirect, consequential, special, exemplary, punitive, or enhanced damages whatsoever. This category explicitly includes loss of business, goodwill, data, or profits, and any intangible losses, even if Metroplex Auto Repair has been advised of the possibility of such damages or if such damages were otherwise foreseeable. 4.3 Assumption of Risk by Customer. You voluntarily acknowledge that any operation of a motor vehicle following subpar or stopgap repairs entails inherent risks. By availing yourself of the Services, you assume all attendant risks and release Metroplex Auto Repair from any liability associated with personal injury, property damage, mechanical failure, or other negative outcomes. 4.4 Insurance Responsibility. You further agree that it is your sole responsibility to procure, maintain, and pay for adequate insurance coverage for your vehicle, property, health, or any other requisite coverage. Metroplex Auto Repair does not provide any form of insurance, indemnity, or guarantee for damages or losses. 4.5 Shipping Exculpation. Upon the carrier’s acquisition of physical possession of shipped items, Metroplex Auto Repair’s liability as to delay, loss, or damage is fully extinguished. You agree that you are solely responsible for initiating claims against the chosen carrier and that any disclaimers provided by the carrier shall also inure to Metroplex Auto Repair’s benefit, insofar as permissible by law. 5. PAYMENT TERMS AND SECURITY PROTOCOLS 5.1 Payment Methods and Authorizations. Accepted Forms: We may accept electronic payments (e.g., credit cards, debit cards, ACH, PayPal, Stripe, Square), in-person cash or checks, or other methods as designated. Third-Party Services: By using any third-party payment processor, you agree to abide by their respective terms, conditions, and regulations, which are incorporated herein by reference. Metroplex Auto Repair disclaims any liability related to third-party processing errors, data breaches, or other system malfunctions. 5.2 Data Management and PCI-DSS. Storage of Card Data: Where legally permissible, we may store credit/debit card information on our own servers or rely on external vendors. PCI-DSS Compliance: We strive to adhere to the Payment Card Industry Data Security Standard (PCI-DSS) requirements; however, you acknowledge that no method of data storage or transmission is fully invulnerable to hacking, cyberattacks, or unauthorized access. 5.3 Security Disclaimer. Metroplex Auto Repair makes no warranties regarding data security. By providing your payment information, you expressly release Metroplex Auto Repair from all liability arising out of or related to data breaches, hacking incidents, identity theft, or fraudulent transactions, except where such liability cannot be excluded by applicable law. 5.4 Right to Decline or Cancel. Metroplex Auto Repair reserves the right, at any time and without liability, to refuse, void, or cancel any payment, transaction, or portion thereof that we suspect, in our sole discretion, is fraudulent, unauthorized, contravenes these Terms, or is otherwise detrimental to our interests or the interests of our customers. 6. REFUND POLICIES, RETURNS, AND DISPUTES 6.1 All Sales Final; “As-Is.” No Implied Refunds: All parts, repairs, or Services rendered are sold on a final basis, with no guaranteed refunds, returns, or exchanges. Case-by-Case Exceptions: In rare, extraordinary circumstances, Metroplex Auto Repair may, but is not obligated to, grant partial credits or adjustments at our sole and absolute discretion. 6.2 Individual Dispute Resolution by Management. Disputes or complaints about pricing, workmanship, or other issues shall be subject to direct negotiation with Metroplex Auto Repair’s management. No provision in these Terms obligates Metroplex Auto Repair to provide refunds or other remedies once a transaction is deemed complete. 6.3 Finality of Metroplex’s Decision. You agree that the resolution, if any, proposed by Metroplex Auto Repair regarding a dispute constitutes the final and binding determination, unless you elect to initiate Arbitration strictly in accordance with the provisions in Section 10 herein. 7. ACCEPTABLE USE AND PROHIBITED ACTIVITIES 7.1 Prohibited Conduct. You agree that you will not: Utilize the Website or Services in violation of any federal, state, or local law, regulation, or ordinance; Infringe upon any intellectual property rights or privacy rights of any individual, entity, or third party; Introduce malware, viruses, worms, trojan horses, or any other malicious or harmful code into the Website or associated systems; Attempt to bypass, breach, or test the vulnerabilities of Metroplex Auto Repair’s security protocols, servers, or networks without our express written authorization; Supply fraudulent, misleading, or inaccurate information in any communications or forms submitted to Metroplex Auto Repair or the Website; or Engage in any activity that, in Metroplex Auto Repair’s sole discretion, disrupts or interferes with the Services, or exposes Metroplex Auto Repair or its affiliates to increased or unforeseeable liability or reputational harm. 7.2 Terminations and Suspensions. Metroplex Auto Repair reserves the right to immediately suspend, deactivate, or terminate your access to the Website or Services for any conduct deemed non-compliant with these Terms, or for any other reason within our sole discretion, without prior notice or liability to you. 8. INTELLECTUAL PROPERTY RIGHTS 8.1 Ownership of Content. All textual, graphical, photographic, audiovisual, proprietary, or otherwise protected materials (collectively, “Content”), including but not limited to code, layouts, interfaces, compilations, designs, logos, slogans, trade names, or other distinctive brand features, published on or used by the Website are the exclusive property of Metroplex Auto Repair or licensed to Metroplex Auto Repair, unless otherwise explicitly noted. 8.2 Trademarks and Service Marks. All logos, service marks, brand names, or trade names identifying Metroplex Auto Repair or our products and services are proprietary trademarks of Metroplex Auto Repair and may not be used without prior written consent. Unauthorized use may violate applicable trademark laws, including the Lanham Act (15 U.S.C. §§ 1051 et seq.). 8.3 Prohibitions on Use, Copying, or Distribution. You shall not reproduce, copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any Content for commercial or non-commercial purposes, except with the express written permission of Metroplex Auto Repair or as otherwise allowed by law. 9. SHIPPING TERMS AND INTERNATIONAL CONSIDERATIONS 9.1 Carrier Discretion. Metroplex Auto Repair may, at its sole election, select or change the carrier or shipping method. No commitment is made regarding transit times, expected delivery dates, or reliability of any shipping services. 9.2 Global Shipments. Where permissible, Metroplex Auto Repair may ship internationally, subject to compliance with export laws, customs regulations, tariff schedules, and other government-imposed restrictions. You shall be fully responsible for all import fees, duties, taxes, brokerage costs, or additional charges arising from or related to international shipping. 9.3 Passing of Title and Risk. Notwithstanding any shipping terms indicated at checkout, all title, risk of loss, damage, or delay associated with shipped products transfers to you once the carrier or shipping agent takes physical possession. 10. DISPUTE RESOLUTION AND ARBITRATION 10.1 Mandatory Arbitration Under Federal Law. Except where prohibited by law, any dispute, controversy, or claim (collectively, “Dispute”) arising out of or relating to these Terms, the Website, or the Services, including the breach, termination, enforcement, interpretation, or validity thereof, shall be exclusively resolved by final and binding arbitration pursuant to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and governed by the Commercial Arbitration Rules of the American Arbitration Association (AAA). 10.2 Venue and Governing Law. The arbitration proceedings shall be conducted in the most inconvenient venue for the Customer that the State of Texas law permits (for example, Dallas County, Texas, or another Texas county chosen by Metroplex Auto Repair), and interpreted under the substantive laws of Texas, excluding conflict-of-law principles. 10.3 Class Action Waiver. You irrevocably waive any right to (1) consolidate or combine your claims with those of other persons, or (2) proceed as a class, representative, or private attorney general action. All arbitrations shall be conducted on an individual basis, and an arbitrator shall have no authority to hear or arbitrate class, representative, consolidated, or joint claims. 10.4 Limited Judicial Recourse; Forum Selection. If a court of competent jurisdiction finds that any or all of the arbitration clause is unenforceable, or if a Dispute is permitted to proceed in a court of law for any reason, then such Dispute shall be heard exclusively in the state or federal courts located in a Texas county unilaterally selected by Metroplex Auto Repair. You hereby submit to the personal jurisdiction of those courts and waive any objections to inconvenient forum. 10.5 Fees and Remedies. In the event that the arbitrator or court determines that a Dispute is frivolous, brought in bad faith, or harassing, Metroplex Auto Repair reserves the right to recover its reasonable attorneys’ fees, arbitration costs, court expenses, and any other just relief. 10.6 Injunctive and Equitable Relief. Notwithstanding anything to the contrary, Metroplex Auto Repair reserves the right to seek interim, preliminary, or permanent injunctive relief or other equitable remedies in any court of competent jurisdiction as necessary to protect its intellectual property rights, data, servers, or to otherwise prevent irreparable harm. 11. PRIVACY, DATA HANDLING, AND THIRD-PARTY INTEGRATIONS 11.1 Privacy Policy Incorporation. Your use of the Services is additionally governed by any posted Privacy Policy, which is hereby incorporated by reference. In the event of any conflict between the Privacy Policy and these Terms, these Terms shall prevail regarding disclaimers and liability limitations. 11.2 Data Sharing and Consent. By interacting with our Website, you consent to the collection, use, processing, and storage of your personal, financial, or transactional data in accordance with applicable laws. You further consent to our sharing of such data with vendors or service providers (including payment processors) whenever necessary to render the Services or protect our legitimate business interests. 11.3 Disclaimer of Third-Party Controls. We may, but are not obligated to, incorporate third-party plugins, analytics, or software development kits (SDKs). You recognize that any such third-party is a separate and distinct entity, and Metroplex Auto Repair disclaims any liability for data mishandling, wrongful acts, or omissions of these external parties. 12. INDEMNIFICATION You agree to defend, indemnify, and hold Metroplex Auto Repair and its officers, directors, managers, employees, agents, subsidiaries, affiliates, successors, and assigns (collectively, “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, damages, costs, expenses (including reasonable attorneys’ fees), penalties, judgments, and causes of action arising from or in connection with: Your breach of these Terms or any other agreement with Metroplex Auto Repair; Your violation of any intellectual property, privacy, or proprietary right of a third party; Your misuse or unauthorized use of the Website or Services; Your negligent, reckless, or willful misconduct; or Any property or personal injury caused or alleged to have been caused by your continued operation of a vehicle serviced under these Terms. 13. FORCE MAJEURE Metroplex Auto Repair shall not be deemed in default or otherwise liable for any delay or failure in performance under these Terms when such delay or failure arises from causes beyond its reasonable control, including, but not limited to, Acts of God, natural disasters, fires, floods, epidemics, pandemics, riots, war, terrorism, labor disputes, government embargoes, internet or communication failures, or any other occurrence that renders performance impossible, impracticable, or unreasonably burdensome. 14. SEVERABILITY In the event any provision (or portion thereof) within these Terms is declared void, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, such determination shall apply only to the specific provision at issue and shall not affect the remaining provisions, all of which shall remain in full force and effect. Any invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 15. NO WAIVER Failure by Metroplex Auto Repair to insist upon the strict performance of any term or condition herein, or to exercise any right, power, or remedy under these Terms, shall not constitute a waiver of any subsequent or other failure to perform. Any waiver of any provision by Metroplex Auto Repair shall be in writing and shall apply only to the specific instance expressly identified therein. 16. ASSIGNMENT You may not assign, transfer, or delegate these Terms or any of your rights, duties, or obligations hereunder, in whole or in part, without our prior written consent. Any purported assignment in violation of this clause is null and void. Metroplex Auto Repair may freely assign or transfer these Terms, and any rights or obligations under them, at any time and without notice. 17. ENTIRE AGREEMENT These Terms, together with any additional policies, disclaimers, or agreements expressly incorporated by reference (including any relevant Privacy Policy), constitute the entire understanding and agreement between you and Metroplex Auto Repair regarding the subject matter. They supersede all prior or contemporaneous oral or written representations, understandings, proposals, or agreements. 18. ELECTRONIC COMMUNICATIONS AND NOTICES You consent to receive all communications (including notices, agreements, legally required disclosures, and other information) from Metroplex Auto Repair electronically. We may provide such electronic communications by posting them on the Website, sending them via email, or other electronic means to any contact information you provide. You agree that any such communications meet any legal requirement that such communications be in writing. 19. CONTACT INFORMATION For any inquiries, complaints, or notices relating to these Terms or the Services, you may contact us via: Metroplex Auto Repair Metroplex Automotive Corporate Headquarters 10233 Locke Rd Keithville, Louisiana 71047 Email: interstatediesel247@gmail.com Telephone: (469) 224-3304 20. FINAL NOTE AND DISCLAIMER Legal Purpose: These Terms are intentionally drafted to provide the fullest extent of legal protection to Metroplex Auto Repair, to the extent allowed by the laws and regulations of Texas and other applicable jurisdictions. No Legal Advice: Nothing herein shall be construed as formal legal advice. You are strongly encouraged to seek professional counsel if you have any questions regarding legal rights, liabilities, or obligations. Binding Acknowledgment: By proceeding to use the Services, you affirm that you have read and understood these Terms in their entirety, thereby expressing your unequivocal acceptance. Immediate Cessation: If you do not concur with these Terms, you must immediately discontinue using the Website and any related Services. YOU ACKNOWLEDGE THAT YOU HAVE READ, COMPREHENDED, AND VOLUNTARILY ACCEPT THESE TERMS IN THEIR ENTIRETY. IF YOU DISAGREE OR ARE UNWILLING TO COMPLY, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES EFFECTIVE IMMEDIATELY.