Effective: February 15, 2018
1. Contractual Relationship
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Tesloop may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TESLOOP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Tesloop may amend the Terms from time to time. Amendments will be effective upon Tesloop's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Tesloop changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Tesloop written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Tesloop on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Tesloop, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Tesloop by someone else.
Agreement to Binding Arbitration Between You and Tesloop.
You and Tesloop agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Tesloop, and not in a court of law.
You acknowledge and agree that you and Tesloop are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Tesloop otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Tesloop each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Tesloop changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Tesloop written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Tesloop in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services comprise web applications and related services (each, an "Application"), which enable users to arrange and schedule transportation. In certain instances the Services may also include an option to receive transportation, goods, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Tesloop in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. You acknowledge any use of language as “Seats”, “Bookings”, “Trip” as related language. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, GOODS, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH TESLOOP AS A PROVIDER OF TRANSPORTATION, GOODS LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, Tesloop grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the web application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Tesloop, inc.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Tesloop; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain Tesloop's property or the property of Tesloop's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Tesloop's company names, logos, product and service names, trademarks or services marks or those of Tesloop's licensors.
4. Access and Use of the Services
In order to use most aspects of the Services, you must pay for a seat through the Services online web application. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain a Seat. Seat registration requires you to submit to Tesloop certain personal information, such as your name, mobile phone number, and email as well as at least one valid payment method supported by Tesloop. You agree to maintain accurate, complete, and up-to-date information in your Seat booking. Your failure to maintain accurate, complete, and up-to-date Booking information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs in your Booking, and you agree to maintain the security and secrecy of your Booking and payment information at all times. Unless otherwise permitted by Tesloop in writing, you may only possess one Booking Account.
User Requirements and Conduct.
Tesloop reserves the right to enforce a zero-tolerance policy regarding sexual harassment. Sexual harassment activities include, but are not limited to:
- Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults, and intentional physical conduct that is sexual in nature, such as touching , pinching, patting, grabbing, brushing against another's body, or poking another's body.
- Unwelcome sexual advances, propositions or other sexual comments, such as sexually oriented gestures, noises, remarks, jokes or comments about a person's sexuality or sexual experience.
Any persons informally found to have committed sexual harassment within the realm of Tesloop are subject to a permanent ban from using Tesloop's services.
You may not authorize third parties to use your booking, and you may not allow persons under the age of 13 to receive transportation or logistics services from the Service unless they are accompanied by someone who is of 18 years or old. Unaccompanied minors between the age of 13-17 must be accompanied by someone at least 18 years of age until the Tesloop departs. You may not assign or otherwise transfer your Seat to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. Children ages 7 years and up may travel on Tesloop when accompanied by accompanied by a parent or guardian. Children requiring car seats may travel on Tesloop when their parent or guardian has booked all seats in the Tesloop Vehicle they will be traveling in. The parent or guardian must bring, install and uninstall their own car seat for the trip.
A valid photo ID is required to board any Tesloop vehicle. Tesloop will send you an email confirmation of your booking. Tesloop requires that you provide us with a contact number (preferably SMS text message enabled mobile phone) so we can contact you in the event of a service disruption. Smoking is prohibited aboard all Tesloop vehicles in accordance with U.S. Federal law.
Dogs, cats, birds, or other animals will not be transported. A service animal, trained for the purpose of accompanying a special needs traveler, will be permitted to travel with the passenger at no additional charge (please notify us with the weight and height of the service animal when you book so that we may ensure there will be room in the vehicle).
Except as responsibility may be imposed by law, Tesloop will not be liable for delays caused by accidents, breakdowns, road conditions, weather and other conditions beyond its control, and does not guarantee to arrive at or depart from any point at a specific time.
Tesloop reserves full control and discretion as to the seating of passengers and the right to change such seating at any time during the trip, provided; however, seating arrangements will be made without regard to race, color, creed, or national origin.
Tesloop reserves the right, when operating conditions require, to transfer passengers from one vehicle to another while en route.
Tesloop reserves the right to refuse to transport a person a) under the influence of intoxicating liquor or drugs, b) who is incapable of taking care of him/herself (this does not apply to persons who are accompanied by an attendant or nurse), c) whose conduct is such or likely to be such as to make him or her objectionable to other passengers or prospective passengers, d) who refuse to permit a search of his or her person or property for weapons or who fails to provide positive identification upon request, or e) or who refuses to comply with any lawful rule or regulation. Such persons may be removed from the carrier vehicle at such place along the route as the driver may select. Tesloop shall not issue any compensation for passengers removed en route.
Tesloop reserves the right to transport you in any type of sedan and/or suv. In most cases the vehicle used in transportation will be a Tesla (Model S, Model X, Model 3 or future Tesla Models). In some cases (such as, but not limited to, vehicle maintenance) Tesloop may choose to transport you in a licensed and insured vehicle that is not a Tesla.
You acknowledge that your estimated time of arrival may fluctuate and that Tesloop is not responsible or accountable for timeliness. You acknowledge that situation and conditions may arise that are out of Tesloop control. Tesloop is not responsible for any financial loss or compensation unless otherwise stated by Tesloop or an Agent of Tesloop. (Read more in “Disclaimer” section).
Transportation of Goods and Cargo
The Service may be used to transport goods and cargos. The charge for this service will be the price of the booking for the day and direction that the cargo or goods is travelling. Good and or Cargo bookings will be considered as a seat booking and will only travel from Tesloop approved pickup and drop off points. The transportation of drugs, weapons, biohazards, animals or the items deemed dangerous by Tesloop are prohibited. If found, your goods or cargo will be seized and reported to local or state authorities. Goods and cargo may not exceed 55 pounds and must fit in the space of 30x18x12 inches. Goods and cargo that exceed requirements will not be accepted on any Tesloop. Decisions for refusal of service may come from Tesloop, it’s Third Party Providers or it’s agents. You acknowledge that any failure to meet requirements will not result in compensation of any kind. To deliver Goods and or Cargo on the Service you must make a request at email@example.com or 818-330-6446.
Lost and Found.
Tesloop will store lost and found items for a period of 180 days after lost and found items is marked in Tesloop’s system. Tesloop will make reasonable effort to make contact with owners of items. You acknowledge and permit Tesloop to contact you by mobile phone, email, or text message to return lost items to you. After 180 days Tesloop is no longer responsible for lost or unreturned items. You may contact Tesloop and it’s agents at firstname.lastname@example.org.
Limited Cell Phone Use.
Tesloop ask that all travelers answer phone calls for no more than 3 minutes unless otherwise agreed upon.
SuperCharger and Stops.
Tesloop reserves the right to make planned and unplanned stops for any reason. “Reasons” may include, but are not limited to, Tesla supercharging, passenger pickups, passenger dropoffs, and emergency stops.
Health & Wellness.
Full credit for unused trips if you cancel because you are sick. If you feel ill, and it's possible to reschedule your trip, we urge you not to travel. We can help out by providing full credit for an unused trip, even if you cancel 24 hours before.
All passengers must meet the following luggage requirement. Two personal items (backpack, purse, laptop case) and one medium bag (maximum 30x18x12 inches). Bags must be less than 55 lbs total for each traveler. Oversized luggage or luggage that requires disassembly is prohibited. Motorized scooters, segways or other large items are prohibited.
You acknowledge that Tesloop reserves the right to “Charge” your booking for large luggage for a fee no larger than $79. Tesloop may require you to purchase seats for luggage. This fee will depend on the seat cost for the day and direction of travel. Failure to comply with baggage regulations and fees may result in a refusal of service, loss of carbon credits for the trip or luggage being left behind.
Tesloop offers Third Party 4G Wifi mobile hotspot for laptops, tablets, and mobile phones. You agree that data connection losses in hotspot coverage or other drops in services from Third Party Providers are limited to Third Party Providers. To ensure fast Internet connectivity for all travelers, video streaming, downloading are prohibited. Tesloop reserves the right to charge your booking for data usage deemed excessive.
Food & Beverages.
You agree that only certain types of food are allowed. Tesloop requires that only certain types of foods are eaten in Tesloop vehicles. Allowed and disallowed foods, snacks and beverages is at the sole discretion of Tesloop and agents of Tesloop. You agree to discard of any food or beverage not allowed on any Tesloop. Tesloop and its agents are not responsible financially nor is any compensation owed for discarded and disallowed foods or beverages.
Text Messaging and Telephone Calls.
You agree that Tesloop may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Tesloop account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Tesloop at any time, either by texting the word “STOP” to using the mobile device that is receiving the messages, or by contacting email@example.com. If you do not choose to opt out, Tesloop may contact you as outlined in its User Privacy Statement, located in the privacy section.
Cancellation, Credit and Refund Policy.
You acknowledge that Refund Policies may change and that your continued use of this Service is an acceptance of those changes. Tesloop will make reasonable notice of changes. Passengers who purchase bookings and seats are eligible for full monetary refunds up to 24 hours after initial booking. After 24 hours of booking passengers are not eligible for full refunds toward future trips unless otherwise stated by Tesloop and it’s agents. After 24 hours passengers are only eligible for credits toward future trips. Re-issued credits will only be issued once. Excess values will not be retained by passengers and will not be re-issued. Within 24 hours of a trip passengers and customers are not eligible for credit or refunds of any kind unless otherwise stated by Tesloop.
All credit awarded to passengers must be used within 90 days of being awarded. Passengers are not eligible for credit or refunds unless otherwise stated by Tesloop.
No refund or additional credit will be offer for credits used that are worth more than the days booking price when you rebook. You will pay the difference for the days price if that day’s booking price is worth more than the value of your code.
Passenger Tardiness and Refusal of Service
Tesloop requires that all passengers must arrive 10 minutes before agreed upon departure time. Final departure times are agreed upon when you book your trip. You will be notified about changes in departure times and a new departure time will be given to you. You acknowledge that not being at the agreed upon departure time and location after 10 minutes will result in your trip being cancelled and departing without you. Tesloop is not held accountable or responsible nor is any compensation of any kind owed to you for trips that depart without you. Tesloop reserves the right to refuse service to passengers and customers who are late or do need meet the requirements as stated in section 4 “Access and Use of the Services.”
Referrals and Promotional Codes.
Tesloop may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Tesloop establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Tesloop; (iii) may be disabled by Tesloop at any time for any reason without liability to Tesloop; (iv) may only be used pursuant to the specific terms that Tesloop establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Tesloop reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Tesloop determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Tesloop’s Terms.
You acknowledge multiple usage of certain promo code may result in cancellation of bookings and seats without notice.
User Provided Content.
Tesloop may, in Tesloop's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Tesloop through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Tesloop, you grant Tesloop a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Tesloop's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Tesloop the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Tesloop's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Tesloop in its sole discretion, whether or not such material may be protected by law. Tesloop may, but shall not be obligated to, review, monitor, or remove User Content, at Tesloop's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Tesloop does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Tesloop will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. Please visitwww.Tesloop.com/ for further information on your particular location.
All Charges and payments will be enabled by Tesloop using the preferred payment method designated in your booking, after which you will receive a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Tesloop may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Tesloop.
As between you and Tesloop, Tesloop reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Tesloop's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand, holidays and other high usage times. Tesloop will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Tesloop may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Tesloop may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers or Tesloop, and Tesloop will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Tesloop will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Tesloop or its affiliates, where Tesloop is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Tesloop for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Tesloop will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, Tesloop does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Tesloop (on Tesloop's website, in the Application, or in Tesloop's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Tesloop provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities and tips are voluntary. Tips are not required or expected on any Tesloop.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your booking in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Tesloop in Tesloop's reasonable discretion, Tesloop reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by Tesloop to a Third Party Provider, if applicable, and are non-refundable.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TESLOOP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TESLOOP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TESLOOP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TESLOOP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TESLOOP, EVEN IF TESLOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TESLOOP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TESLOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TESLOOP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TESLOOP'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT TESLOOP PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING, PEER-TO-PEER, OR SHARED RIDE TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, BUT YOU AGREE THAT TESLOOP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY TESLOOP OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TESLOOP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TESLOOP’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Tesloop and its affiliates and their contractors, officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Tesloop's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Tesloop's designated agent or to firstname.lastname@example.org.
Tesloop may give notice by means of a general notice on the Services, electronic mail to your email address in your booking, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your booking. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Tesloop, with such notice deemed given when received by Tesloop, at any time to email@example.com.
You may not assign these Terms without Tesloop's prior written approval. Tesloop may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Tesloop's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Tesloop as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Tesloop's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tesloop in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.