The Company mobile application (the “App”) is a copyrighted work belonging to Roadr, Inc.  (“Company”, “us”, “our”, and “we”).  Certain features of the App may be subject to additional guidelines, terms, or rules, which will be posted on the App in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the App.  By downloading, installing, or using the App, or by clicking the “I agree” or similar icon, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms and the Privacy Policy, located at https://roadr.com (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  The Privacy Policy is hereby incorporated into and is made a part of these Terms.  You may not access or use the App or accept the Terms if you are not at least 18 years old.  If you do not agree to the Terms, you should not install or use the App or you should stop using the App and uninstall it.

This Agreement requires the use of arbitration (Section 17) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

We reserve the right to update and modify these Terms at any time, so please review them frequently either via the App or by visiting https://roadr.com.  Your continued use of the App will signify your acceptance of any changes to these Terms.

Access to the App

License.  Subject to these Terms, the Company grants you a non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable limited license to use and access the App on any mobile device (“Device”) that you own or control.  Without limiting the generality of the foregoing, any access to the App by automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality, is expressly prohibited.

Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: you may not: (a) sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit or monetize the App, whether in whole or in part, or any content displayed on the App, or otherwise make the App available to any third party without our permission; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (c) access the App in order to build a similar or competitive mobile application, website, product, or service; or (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the App or any portion of the App.  Unless otherwise indicated, any future release, update, or other addition to functionality of the App shall be subject to these Terms.  All copyright and other proprietary notices on the App (or on any content displayed on the App) must be retained on all copies thereof.

1. Modification.  We reserve the right, at any time, to modify, suspend, or discontinue the App (in whole or in part) with or without notice to you.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or any part thereof.

2. No Support or Maintenance.  You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the App.

3. Ownership.  Excluding any Materials that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App and its content are owned by us or by our suppliers.  Neither these Terms (nor your access to the App) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1.  We and our suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.

   
   

Accounts

Account Creation.  In order to use certain features of the App, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.  You may terminate your Account at any time, for any reason, by following the instructions on the App.  We may also suspend or terminate your Account in accordance with these Terms.

Subscriptions.  It is free to register for an Account, however we also may offer additional premium subscriptions for you to purchase (a “Subscription”).  Details on the costs and the specific services provided with a particular Subscription will be found on the registration page for that Subscription.

We reserve the right to add or remove features or services from a particular Subscription, to add new premium Subscriptions or to stop providing a premium Subscription at any time in our sole discretion.  We will provide you notice if we do so.

We may change the prices we charge for Subscriptions from time to time, and will communicate any price changes to you in advance.  To the extent any such price changes apply to your Subscription(s), those changes will take effect at the start of the next billing cycle for your Subscription following the date of the price change.  As permitted by local law, you accept any applicable new price by continuing to use the App after the price change takes effect.  If you do not agree with any price change that is applicable to you, you have the right to reject the change by cancelling your Subscription prior to the price change going into effect.

Subscriptions are automatically renewing and unless you cancel it, your Subscription will renew for the same time period at our then-current rates.  By purchasing a Subscription, you authorize us to charge you, and you agree to pay, on a recurring basis (e.g., monthly or yearly) for the applicable Subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection with your use of the Subscription.  To avoid charges for a new Subscription period, you must cancel the Subscription before the end of the then-current Subscription period in accordance with the provisions of Section 9 below or the instructions set forth in the App (if any).  If you cancel your Subscription, you may use your Subscription until the end of the period you last paid for, but you will not be eligible for a prorated refund and your Subscription will not be renewed when that period expires.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and access credentials (your “Account Data”) and are fully responsible for all activities that occur under your Account.  Anyone with knowledge of, or access to, your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account.  You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent.  We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.  We reserve the right to take any action that we deem necessary to ensure the security of the App and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize activity on your Account.

Security Violations.  You are responsible for ensuring and maintaining security of your systems and the devices that connect to and use the App, including implementation of necessary patches and operating system updates.  You are not allowed to use the App to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) server, network, network access, personal computer or mobile devices, software or data, or other system.

Materials and Feedback

Your Materials.  Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you are your “Materials.” You represent and warrant that your Materials are original to you and that you exclusively own the rights to such Materials, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third-party obligations or liability arising out of its exercise of such rights and licenses.  All of your Materials are your sole responsibility, and the Company is not responsible for any material that you upload, post, or otherwise make available.  By uploading, distributing, transmitting or otherwise using our Materials with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Materials in connection with operating and providing the App and any services we provide, subject to the terms of the Privacy Policy.  The Company does not guarantee the accuracy, quality, or integrity of any user Materials posted by you or any other user of the App and you agree that the Company will not under any circumstances be liable for any user Materials, including, but not limited to, errors in any user Materials, or any loss or damage incurred by use of user Materials.  The Company reserves the right to remove and permanently delete your Materials from the App with or without notice for any reason or no reason.

Feedback.  If you provide the Company with any feedback or suggestions regarding the App (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary.  You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:

You agree not to use the App to collect, upload, transmit, display, or distribute any Materials (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the App any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the App to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the App; (vii) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the App (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); or (viii) use the App for any illegal, unauthorized, unintended, unsafe, hazardous, fraudulent, deceptive or unlawful purposes (including, without limitation, in violation of any data, privacy or export control laws), or in any manner inconsistent with these Terms.

Third-Party Links & Ads.  The App may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads.  The Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so.  When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Disclaimers.

Neither we, our service providers, nor any third-party beneficiary makes ANY WARRANTIES, EXPRESS OR IMPLIED, about the App (including the content or other information delivered to you as part of the App).  In addition, we do not promise uninterrupted or problem-free service and do not promise that the data or information provided to you will be error free.  Use of the App is at your own sole risk.  Certain functions of the App may violate your terms of use with third parties (including, but not limited to your credit card provider).  By continuing to use the App you acknowledge and accept these risks and any other risks associated with your use of the App.  THE APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  NEITHER WE, NOR ANY OF OUR SUPPLIERS, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE APP OR ABOUT ANY DATA OR INFORMATION OR APP OR RELATED SERVICES PROVIDED TO YOU.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APP, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

We provide a service that allows you to connect with third-party service providers (“Service Providers”).  We do not endorse and are not responsible or liable for any content, data, advertising, products, goods or services provided on or through the App or that is available or unavailable from or through any third party or Service Provider (which includes, but is not limited to, roadside assistance) (“Third Party Services”).  You agree that should you use or rely on such Third Party Services, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with those Third Party Services and hereby waive and release Company from any and all liability for or relating to any interactions or dealings with Service Providers or the Third Party Services.  Your dealings with any Service Provider, and any other terms, conditions, representations or warranties associated with the Third Party Services, are between you and the Service Provider exclusively and do not involve Company.  You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.  It is your responsibility to review such third party or Service Provider policies, including but not limited to any relevant privacy policies or contractual terms.  Y We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider.  You interact with the Service Providers, and obtain the Third Party Services at your own risk.  ,.

Indemnification; Release

Indemnification.  You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or in any way arising out of (a) your use of the App, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your Materials.  The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of the Company.  The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Limitation on Liability

Waiver of Consequential Damages.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

Cap on Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S.  $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

Exclusions.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  BY ACCESSING AND USING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Term and Termination.

Term of Agreement.  Subject to this Section, these Terms will remain in full force and effect while you use the App.

Suspension, Termination and the Effect of Termination.  You may terminate your Account or a Subscription at any time through the App.  We may suspend or terminate your Account, your Subscriptions or your rights to use the App at any time and for any reason at our sole discretion, including for any use of the App in violation of these Terms.  In the event we suspend access to your Account or your Subscriptions, we will use commercially reasonable efforts to notify you of the reason(s) for such suspension as reasonably practicable prior to any suspension, but in no event less than seventy-two (72) hours after the start of any suspension.  Upon termination of your rights under these Terms for any reason other than our termination because of your material breach, you will continue to be able to access and use your Account, your Subscriptions and the App until the end of the then current Subscription term, at which time your Account, Subscriptions and right to access and use the App will end.  However, if we terminate your rights because you violated these Terms, your Account, Subscriptions and right to access and use the App will end immediately.  You understand that any termination of your Account may involve deletion of your Materials associated with your Account.  The Company will not have any liability whatsoever to you for any suspension or termination of your rights under these Terms, including for termination of your Account or Subscription or deletion of your Materials.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2, Section 3 and Sections 4 through 17.

Refunds.

Termination of Subscriptions within 24-hours.  If you purchase a Subscription and then cancel or terminate that Subscription or your Account within twenty-four (24) hours (or such other time frame as may be required by law) after you have purchased the Subscription (the “Grace Period”), we will provide you a refund of any pre-paid charges for the Subscription and any registration costs you may have incurred (or your credit card will not be charged if it had not been charged already).

All Other Terminations. In general, all purchases and payments you make under these Terms are final and non-refundable (except during the Grace Period set forth above).  If you terminate or cancel a Subscription or your Account at any time after the Grace Period, or if we terminate your rights under these Terms as a result of your violation of these Terms, then you will not be entitled to a refund of any remaining pre-paid charges you’ve made to us although you are able to access and use your Account, Subscriptions and the App until the end of the then current term, as set forth in Section 9.2 above.  However, notwithstanding the foregoing, we reserve the right to (but are not obligated to) evaluate the circumstances of the termination or cancellation of any Account or Subscription and provide a full or partial refund based on our sole and absolute discretion.

Proprietary Information.  The App, the content and information therein, and all improvements, additions, derivatives, and other modifications thereto, and any information pertaining to the foregoing, are the exclusive property of the Company and/or its licensors and shall be considered and treated by you as the proprietary information of the Company (the “Company Proprietary Information”).  You acknowledge and agree that the Company is the owner of the Company Proprietary Information and you agree that you have no right, title, or interest in any of the Company Proprietary Information except the right to use the App in accordance with and subject to this Agreement.  You agree not to, directly or indirectly, disclose, sell, or otherwise transfer or exploit the Company Proprietary Information, or any portion thereof, to any other person or entity or allow any other person or entity to use the Company Proprietary Information, or any portion thereof, without the prior written consent of the Company, which may be withheld in the Company’s sole discretion.  You further agree not to challenge or assist with or participate in any challenge, directly or indirectly, of the Company’s ownership of the Company Proprietary Information or any right, title, or interest therein or any portion thereof.

Third-Party and Open Source Components.  We may include certain third party software components and open source software components in or with the App that are subject to separate license agreements.  To the extent you are required to agree separately to those separate license agreements or where a third party license or an open source license expressly supersedes these Terms, that third party license or open source license, as applicable, shall instead govern your use of the included third party component or open source components.

Connection Requirements.  You are responsible for providing and maintaining, at your own risk, option, and expense, any hardware, software, and communication lines required to access and use the App, and we reserve the right to change the access configuration of the App at any time without prior notice.

Responsibility for Equipment.  Use of the App may require a computer, smartphone, or tablet.  Unless otherwise agreed in writing between the parties, all equipment is provided solely by the users of the App.  We have no responsibility for the operation or support, maintenance or repair of any equipment, software, Device or services that you elect to use in connection with the App.

Third Party Carriers and Costs.  The App communicates via internet and/or cellular data service provided by independent carriers.  The internet or cellular data service provided by the independent carriers may fail or go off-line from time to time, and during any such outage the App will be unable to transmit and receive information.  We may not receive timely notice of the communications outage from the independent carriers.  We are not obligated to provide the App during any such outages.  Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate the App.  You will be responsible for all data usage and other network usage fees charged by your cellular service carrier in connection with your use of the App.

Additional Terms for Users of the Apple and Google Mobile Platforms.

The following terms apply only to your use of the Apple and Google Mobile Platforms (each a “Mobile Platform”).  In the event of any conflict between this Section and the rest of the Terms, this Section will control only for your use of the respective Mobile Platform.

You must comply with all applicable third-party terms of agreement when using the App.  For example, your use of the App must not violate the terms of your wireless data services agreement for the applicable Device.

The Mobile Platform is a third-party beneficiary of these Terms and may enforce these Terms against you as a third-party beneficiary.  Subject to the rights of the Mobile Platform to enforce these Terms as a third-party beneficiary, a person who is not a party to these Terms has no right under any applicable law to enforce any term of these Terms.  Notwithstanding that any term of these Terms may be or become enforceable by the Mobile Platform or any other third party, these Terms or any of them may be varied, amended or modified or these Terms may be suspended, cancelled or terminated by agreement in writing signed by or on behalf of the Company or these Terms may be rescinded (in each case), without the consent of the Mobile Platform or such other third party.

YOU HEREBY REPRESENT AND WARRANT THAT (I) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S.  GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S.  GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (II) YOU ARE NOT LISTED ON ANY U.S.  GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

YOU ACKNOWLEDGE THAT THE MOBILE PLATFORM HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.

YOU ACKNOWLEDGE THAT TO THE EXTENT PERMITTED BY LAW, THE MOBILE PLATFORM WILL NOT BE LIABLE TO USER FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION.

AS BETWEEN THE COMPANY AND THE MOBILE PLATFORM, BUT SUBJECT TO THESE TERMS, THE MOBILE PLATFORM WILL NOT BE RESPONSIBLE TO YOU FOR ANY CLAIM RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO, (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

Arbitration Agreement and Class Action Waiver

Dispute Resolution.  Please read this Arbitration Agreement carefully.  It is part of your contract with the Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.  Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute.  Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings.  The following procedures apply to all arbitration proceedings involving you and us.

Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to the address in Section 18.7.  After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Rules for Arbitration.  Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before one arbitrator in Atlanta, Georgia, unless the parties agree to a different location.  The arbitration shall be administered pursuant to JAMS’s Streamlined Arbitration Rules and Procedures (“JAMS Rules”).  The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability.  The arbitrator shall be empowered to grant whatever relief would be available in court.  Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court having jurisdiction.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court.  If the request to proceed in small claims court is made before an arbitrator has been appointed, any open arbitration between the parties shall be administratively closed.  If an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court.  Arbitration shall be conducted by written submissions only, unless either you or the Company invoke the right to an oral hearing before the arbitrator.

Time Limits.  If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

Waiver of Jury Trial.  You and the Company expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY.  This means that if for any reason the Arbitration Agreement contained in Section 17 is not enforced or is found inapplicable, or either of us file the action in small claims court, our claims against each other will be resolved by a judge rather than a jury.

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

1. Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

General

Choice of Law.  To the full extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States of America, excluding its conflict of law principles.

Export.  The App may be subject to U.S. export control laws and may be subject to export or import regulations in other countries.  You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Disclosures.  The Company is located at the address in Section 18.7.  If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications.  The communications between you and the Company use electronic means, whether you use the App or send us emails, or whether the Company posts notices on the App or communicates with you via email.  For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing.  The foregoing does not affect your non-waivable rights.

Entire Terms.  These Terms constitute the entire agreement between you and us regarding the use of the App.  Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us.  These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us.  Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other.  You may not enter into any contract on our behalf or bind us in any way.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  The Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information.  Copyright © 2024 Roadr, Inc.  All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the App are our property or the property of other third parties.  You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information: info@roadr.com