Terms of Use

DRAFT FOR ATTORNEY REVIEW. NOT LEGAL ADVICE. A non-lawyer wrote this draft as a starting point. Before you rely on it or charge money, a licensed attorney in your state needs to review it. Items in [BRACKETS] must be completed, and notes marked “Lawyer” are questions for counsel, to be removed before publishing.

Last updated: [DATE OF PUBLICATION]

These Terms of Use (“Terms”) are an agreement between you and [LEGAL ENTITY NAME, e.g. “Olgu Akin, doing business as RepairAhead” or “RepairAhead LLC”] (“RepairAhead,” “we,” “us”). They govern your use of repairahead.com and its subdomains (the “Site”), our emails, and any report or other product we sell (together, the “Services”). By using the Services, you agree to these Terms. If you don't agree, please don't use the Services. When you buy something from us, we'll ask you to tick a box agreeing to these Terms first.

1. Information only, not professional advice or a mechanic's inspection

The Services give general, educational information about BMW vehicles with the N20/N26 engine. That includes a reported failure range for certain parts (mileages drawn from public owner complaints filed with NHTSA, manufacturer service bulletins, recalls, a class-action settlement and published repair-shop reports) and an estimated repair cost (drawn from retailer prices, published shop quotes and, where we found no reliable public figure, our own estimates, which we label “ESTIMATE”).

This information is not a diagnosis, inspection, prediction or guarantee for any specific vehicle. Your car may never have these problems, or it may have them earlier, later or differently.
We are not mechanics, and we do not inspect your vehicle. Nothing in the Services is professional automotive, engineering, financial or legal advice, and no professional relationship forms between us.
Replacing parts early may reduce some risks but does not guarantee that any part or the engine won't fail. Cost figures are estimates; real prices vary by region, shop, parts and labor.
Before you buy parts, authorize repairs, or buy or sell a vehicle, have the vehicle inspected by a qualified technician and follow the manufacturer's procedures and safety warnings. If a warning light comes on or the car overheats, stop safely and follow the owner's manual.
Do any repair work at your own risk. We don't provide repair instructions, and you should not use the Services as a substitute for the manufacturer's service information.

2. Recall and VIN information

The VIN check runs in your browser and queries NHTSA's public vPIC and recalls services. That data comes from third parties and may be incomplete, delayed or wrong. Recall lists on the Site are by model and model year, not by your VIN, so a listed recall may not apply to your car, may already have been fixed, or may be missing. Always confirm open recalls for your VIN at nhtsa.gov/recalls or with an authorized BMW dealer. Recall repairs are performed by dealers, not by us.

3. Sources, third-party sites and retailer links

We cite and link to third-party sources and retailers (for example NHTSA, FCP Euro, ECS Tuning, BimmerWorld and published shop quotes). We don't control those sites, and we aren't responsible for their content, products, prices, availability or privacy practices. Your purchases from a retailer are between you and that retailer.

Paid links. Today, our retailer links are not paid links. If we join a retailer's affiliate program, every link that earns us a commission will be labeled “Paid link” (or similar) next to the link, and our cost figures and recommendations won't change based on commissions. We don't accept payment from repair shops or retailers for placement or rankings. If that ever changes, we'll update these Terms and clearly label any paid placement where it appears.

4. Trademarks and independence

BMW, the BMW logo, model names (such as 328i, X3 and 528i) and related marks are trademarks of BMW AG. RepairAhead is independent and is not affiliated with, sponsored or endorsed by BMW AG, BMW of North America, LLC, or any retailer or shop mentioned. We use those names only to identify the vehicles, parts and sources our information relates to. Other names are the property of their owners. “RepairAhead” and our logo are our own brand; please don't use them in a way that suggests we endorse you.

5. Purchases, preorders and refunds

Right now we don't sell anything; the N20 Ownership / Used-Car Report is in development and no payment is taken. This section applies once we start selling.

Product and price. The N20 Ownership / Used-Car Report is a personalized digital PDF delivered by email. It includes fair repair-cost ranges and a negotiation helper based on estimated repair costs; it is not an appraisal or market-value estimate of any vehicle. The price, taxes (if any) and what's included are shown at checkout before you pay.
Delivery window. Once sales open, reports are delivered by email within 24 hours of purchase. This window is shown on the site, at checkout and in your receipt. If we need to confirm something with you (for example, a VIN that doesn't decode), the 24 hours run from your purchase, not from your reply.
If it's late. If your report isn't delivered within 24 hours of purchase, you're entitled to a full refund: email and we'll refund you in full, even if the report arrives later (you keep it). If we can't deliver within 7 days of purchase for any reason, we'll cancel the order and refund you in full automatically, without you having to ask. [Lawyer: confirm the 24-hour promise, the request-based refund and the 7-day automatic refund satisfy 16 CFR Part 435 (delay notice / option to cancel) and NY/FL law.]
Refunds. You can cancel for a full refund at any time before the report is delivered. After delivery, you can request a refund within [14] days if the report is materially different from its description. Refunds go back to the original payment method within 7 business days of cancellation (card refunds can take one billing cycle to post). We don't substitute store credit for a refund you're owed.
Payment processing. Payments are handled by Stripe, Inc. We never see or store your full card number. Stripe's terms and privacy policy also apply to the payment.
Personal, non-transferable license. The report is licensed to you for your personal, non-commercial use for the vehicle you entered. You may share it with a shop, seller or buyer of that vehicle, but you may not resell it or republish it.

6. Your account information and emails

If you join our email list, you're agreeing to receive the checklist, launch news and related emails. Every marketing email has an unsubscribe link, and we honor opt-outs promptly (and always within 10 business days). See our Privacy Policy for what we collect and why.

7. Acceptable use

Don't: (a) scrape, crawl or bulk-download the Site or our data, or use it to build a competing database, except ordinary search-engine indexing; (b) send automated requests to our signup or other endpoints, or try to get around rate limits or security; (c) submit someone else's email address without their permission, or submit false information; (d) copy, resell or republish our content, reports or compilations except as these Terms allow; (e) use the Services for anything unlawful or to infringe anyone's rights. We may suspend access or refuse service if you break these rules.

8. Our content and copyright

The Site's text, data compilations, design, diagrams and reports are owned by us or our licensors and are protected by copyright and other laws. Public-domain government data (such as NHTSA records) remains public; our selection, arrangement and analysis of it is ours. You may view the Site and share links to it.

Copyright complaints. If you believe something on the Site infringes your copyright, email with: your contact details; the work you claim is infringed; the material and its URL; a statement that you have a good-faith belief the use isn't authorized; a statement, under penalty of perjury, that your notice is accurate and that you're the owner or authorized to act for the owner; and your physical or electronic signature. [Lawyer: register a DMCA designated agent with the U.S. Copyright Office (17 U.S.C. §512(c)(2)) only if we host user-submitted content; until then this is a courtesy process.]

9. Disclaimer of warranties

THE SERVICES AND ALL INFORMATION, ESTIMATES AND REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY INFORMATION IS COMPLETE, CURRENT OR ERROR-FREE, THAT ANY ESTIMATE WILL MATCH WHAT YOU PAY, OR THAT FOLLOWING IT WILL PREVENT ANY FAILURE OR DAMAGE. SOME STATES DON'T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR VEHICLE DAMAGE, REPAIR COSTS, LOST PROFITS, LOSS OF USE OR DIMINISHED VEHICLE VALUE, ARISING FROM OR RELATED TO THE SERVICES OR ANY DECISION YOU MAKE BASED ON THEM, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $[50]. THESE LIMITS DON'T APPLY TO LIABILITY THAT CAN'T BE LIMITED BY LAW, SUCH AS LIABILITY FOR OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR FOR PERSONAL INJURY OR DEATH WHERE THE LAW PROHIBITS A LIMIT. SOME STATES DON'T ALLOW THESE LIMITS, SO THEY MAY NOT FULLY APPLY TO YOU.

11. Indemnity

If you use the Services in breach of these Terms or the law (for example, by republishing our reports or scraping the Site), you agree to cover our reasonable losses and costs, including reasonable attorneys' fees, arising from third-party claims caused by that breach. This doesn't apply to claims caused by our own conduct. [Lawyer: consumer indemnities are often unenforceable or disfavored; keep, narrow or delete?]

12. Changes to the Services and these Terms

We may change or discontinue the Services. We may update these Terms; we'll post the new version with a new “Last updated” date, and if a change is material and you've bought something from us or are on our list, we'll email you before it takes effect. Changes don't apply retroactively to a dispute that arose before the change. Purchases are governed by the Terms you accepted at checkout.

13. Governing law and venue

These Terms are governed by the laws of the State of [NEW YORK / FLORIDA, where the owner is based], without regard to conflict-of-laws rules, and by applicable federal law. Except as Section 14 provides, any dispute will be resolved in the state or federal courts located in [COUNTY], [STATE], and you and we consent to their jurisdiction. Either of us may bring an individual claim in small-claims court if it qualifies. Nothing here takes away rights you have under the consumer-protection laws of the state where you live.

14. Dispute resolution [LAWYER DECIDES: keep Option A (courts only) or adopt Option B (arbitration). Delete the other.]

Informal resolution first. Before filing any claim, email describing the problem and what you want. We'll try in good faith to resolve it within 30 days, and most issues (like refunds) we'll simply fix.

Option A, courts. If we can't resolve it informally, either of us may file in the courts named in Section 13 or in small-claims court.

Option B, individual arbitration and class-action waiver. If we can't resolve it informally, you and we agree that any dispute about the Services will be resolved by binding individual arbitration administered by [the American Arbitration Association under its Consumer Arbitration Rules], not in court, except that either of us may bring a qualifying individual claim in small-claims court, and either of us may seek an injunction in court for misuse of intellectual property. You and we waive any right to a jury trial and to participate in a class or representative action. We will pay the filing, administrative and arbitrator fees above what you'd pay to file in court. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing with your name and the words “arbitration opt-out.” If the class waiver is found unenforceable for a claim, that claim must proceed in court, not in arbitration. This agreement is governed by the Federal Arbitration Act.

15. General

These Terms (with our Privacy Policy and any checkout terms) are the whole agreement between us about the Services. If a provision is unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms; we may assign them to a successor (for example, if we form an LLC or sell the business). We're not liable for delays caused by events beyond our reasonable control.

16. Contact

[LEGAL ENTITY NAME] · [MAILING ADDRESS: PO box or commercial mail-receiving agency address, not a home address] ·