Effective Date: July 1st, 2019 | See Previous Terms and Conditions
TESLOOP TERMS OF SERVICE
Welcome to Tesloop, a peer-to-peer vehicle rental marketplace website and online service provided by Tesloop, Inc. (“Tesloop”, “we,” or “us”). This Tesloop Terms of Service (this “Agreement”) describes the terms and conditions that govern your use of and participation in the services provided by Tesloop. These services include the Tesloop website, web widgets, feeds, mobile device software applications (the “Tesloop Software”), applications for third-party websites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Tesloop (these services, together with the Tesloop Software, constituting the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT TESLOOP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS AND OWNERS, NOR IS TESLOOP A TRANSPORTATION SERVICE, AGENT, OR INSURER. TESLOOP HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes (see Section 11 below). Subject to limited exceptions, this Agreement requires you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 11(F). Unless you opt-out of arbitration, you will only be permitted to: (a) pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Updates to this Agreement. We may, in our sole discretion, modify or update this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you are a registered user of the Service, we will notify you of material changes to this Agreement by email at least thirty (30) days before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. In addition, you will be required to affirmatively accept the new Agreement the first time you visit the Service and log in to your user account after the new Agreement takes effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Agreement takes effect. If you continue using the Service after the new Agreement takes effect, you will be bound by the modified Agreement.
2. Privacy Notice. In connection with your use of the Service, please review our Privacy Notice, located at https://www.tesloop.com/privacy-policy, to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Notice is part of and is governed by this Agreement and by agreeing to this Agreement, you agree to be bound by the terms of the Privacy Notice and agree that we may use information collected from you in accordance with its terms.
3. Use of the Service
A. Eligibility. This Service is intended solely for licensed drivers twenty-one (21) years of age or older, and any registration, use, or access to the Service by anyone under 21 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Tesloop, unless Tesloop has given you written notice of reinstatement. To become a registered User of the Services, all Users must pass our Renter and Vehicle Eligibility Requirements located at https://carmiq.zendesk.com/hc/en-us/sections/360005860072-Qualifying and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested by Tesloop in its sole discretion. You acknowledge and agree that Tesloop may change its Renter and Vehicle Eligibility Requirements at any time and for any reason; provided, that Tesloop will notify you in accordance with Section 1 above with regard to changes that materially alter your rights. By registering to use the Service, you represent and warrant that (i) You are at least 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement; (ii) you are a United States resident; (iii) you have not previously been removed from the Service unless you have a currently valid notice of reinstatement from Tesloop, and (iv) all of your User Content (as defined below) and other information that you provide to us is truthful and accurate. In addition, if you are using or opening an Account with Tesloop on behalf of a company, entity, or organization (each a “Business”) then you represent and warrant that you: (a) are an authorized representative of that Business with the authority to bind the Business to this Agreement; (b) have read and understand this Agreement; and (c) agree to all of the terms and conditions set forth in this Agreement.
B. Owner Obligations. If you own a vehicle and want to offer to share it or rent it through the Service you will constitute an “Owner”, and you agree to our Owner Policy located at https://carmiq.zendesk.com/hc/en-us/categories/360001757612-Vehicle-Owners which is subject to the terms of this Agreement, and which is incorporated herein by reference. If you are an Owner, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Owner Policy. Additionally, as an Owner, you represent and warrant that (i) you own or have all the necessary rights, consents, and authority to permit the vehicle you submit to be used as contemplated by the Service; (ii) the use of the vehicle you submit for use through the Service will not violate any rights of a third party or any agreement with respect to the applicable vehicle, including any leasing or financing agreement, (iii) to the best of your knowledge and belief, any vehicle you offer for rentals hereunder is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use and conforms with the Vehicle Eligibility Requirements as stated in the Renter and Vehicle Eligibility Requirements, and (iv) you carry at least the minimum automobile liability insurance required by law.
C. Renter Obligations. If you want to rent a vehicle from an Owner through the Service, you will constitute a “Renter”, and you agree to our Renter Policy which is subject to the terms of this Agreement, and which is incorporated herein by reference. If you are a Renter, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Renter Policy. Additionally, as a Renter, you represent and warrant that you will inform Tesloop of any changes in your driving record including but not limited to any driving “incidents or any Major Violations” (as defined by the Renter and Vehicle Eligibility Requirements).
D. Rental Confirmations. When you use the Service to rent your vehicle to a Renter, or to rent your vehicle from an Owner, as applicable (the applicable transaction constituting a “Rental”) the Service will present you with a page confirming the details of the Rental (the “Rental Confirmation”). By clicking “I Agree” (or any other means of acceptance presented by the Service), you agree to the terms of that Rental, and the Rental Confirmation becomes part of this Agreement.
E. Insurance. Tesloop provides limited insurance coverage as described in the Insurance Overview located at https://carmiq.zendesk.com/hc/en-us/sections/360005860172-The-Vehicle-s-Coverage. You are also required to carry your own insurance in accordance with the insurance requirements set forth in the Insurance Overview. Please review the Insurance Overview and your vehicle insurance policy carefully and ensure you have all necessary insurance coverage.
4. Fees; Billing; Payments.
A. Fee Schedule and Billing Policies. You agree to the fees and charges, terms of sale, and payment and billing policies applicable to your use of the Service as stated in our Fee and Commission Schedule located at https://carmiq.zendesk.com/hc/en-us/articles/360030428672-Miscellaneous-Fees- which is subject to the terms of this Agreement, and which is incorporated herein by reference. Tesloop may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee and Commission Schedule.
B. Payments. Tesloop will adjudicate the Rental fee on your behalf, which means processing the Renter’s credit card, retaining a commission as set forth in our Fee and Commission Schedule and remitting applicable funds to you as provided in this section. Alternately Tesloop will offer a flat monthly fee for use of your vehicle. Tesloop will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable use is undertaken. Payment shall be in the form you select when you register for the Service, or subsequently updated as permitted by the Service. Payments shall only be made in those months in which the amount due to you totals at least $100.00. Unpaid amounts due shall accrue until the next month in which the amount due is at least $100.00. Tesloop reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending Tesloop’s reasonable investigation of the applicable breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes, without limitation, applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Tesloop in writing within thirty (30) days of any applicable payment; failure to so notify Tesloop shall result in the waiver by you of any claim relating to any applicable disputed payment. Payment shall be calculated solely based on records maintained by Tesloop. No other measurements or statistics of any kind shall be accepted by Tesloop or have any effect under this Agreement.
C. Collections. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to you by Tesloop. Applicable communications may be made by Tesloop or by anyone on its behalf, including but not limited to a third party collection agent.
5. User Content.
A. Rights in User Content. Some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any applicable materials a User submits, posts, displays, or otherwise makes available on the Service are referred to as “User Content”). You retain ownership of your User Content. You are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Tesloop does not guarantee any confidentiality with respect to any User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Tesloop a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all applicable User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with Tesloop’s (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display, and perform applicable User Content as permitted through the functionality of the Service and under this Agreement.
B. Prohibited User Content. You agree not to post User Content, or take any actions on or through the Service, that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(viii) contains any information or content that you know is not correct and current. You represent, warrant and agree that any User Content that you post does not and will not violate or infringe third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below), rights of publicity and privacy.
Tesloop reserves the right, but is not obligated, to reject and/or remove any User Content that Tesloop believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
C. User Content Disclaimer. Tesloop takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service is solely your responsibility. Tesloop is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Tesloop shall not be liable for any damages you allege to incur as a result of such User Content.
6. Management of Users: Disputes.
A. User Interactions. We may, but have no obligation to, take actions to verify User identities and descriptions and information regarding vehicles available via the Service. Tesloop does not endorse any Users or their background, any User Content, vehicle, or Rentals. You are solely responsible for your interactions with other Tesloop Users. You acknowledge that Tesloop does not offer transportation services. Instead, the Service allows Renters and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of Rentals, User Content, or other services or transactions available via the Service.
B. User Disputes; Release of Claims. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Tesloop shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to Rentals or the Service. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to the particular User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from Tesloop with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service. If you are a California resident, you waive California Civil Code 1542, which says: “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.”
C. Assumption of Risk. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS. TESLOOP CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY VEHICLES PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. TESLOOP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND USER CONTENT. ACCORDINGLY, ANY RENTALS MADE BY A USER, RENTER, AND/OR OWNER WILL BE MADE AT THE USER, RENTER, AND/OR OWNER'S OWN RISK.
D. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
7. Rights to Use the Service.
A. License Grant. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only. Tesloop reserves all rights not expressly granted herein in the Service and the Tesloop Content (as defined below). Tesloop may terminate this license at any time for any reason or no reason.
B. Our Proprietary Rights. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, the Tesloop Software and any other software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Tesloop Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Tesloop and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any applicable Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Service. Use of the Tesloop Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. We reserve all rights in and to the Service and the Tesloop Content.
C. User Feedback. You may choose to, or we may invite you to, submit comments, feedback or ideas about the Service, including, without limitation, about how to improve the Service or our products (“Feedback”). By submitting any Feedback through the Service, you agree that your submission of your Feedback is optional, gratuitous, unsolicited, and without restriction and will not place Tesloop under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by submission of your Feedback, Tesloop does not waive any rights to use similar or related ideas previously known to Tesloop, or developed by its employees, or obtained from sources other than you.
8. Prohibited Activities; Termination.
A. Prohibited Activities. You agree that in connection with your use of the Service, you will not engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Tesloop servers than a human can reasonably produce in the same period of time using a conventional online web browser, except that Tesloop grants the operators of public search engines revocable permission to use spiders to copy materials from any Tesloop, Inc. website 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;
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including Account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict the use or copying of any content, or enforce limitations on use of the Service or the content therein.
B. Termination and Suspension of the Service. Tesloop may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if, in Tesloop’s sole determination, you violate any provision of this Agreement, or for no reason. All aspects of the Service are subject to change or elimination at Tesloop’s sole discretion. Tesloop reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Tesloop will not be liable to you for any interruption of the Service, delay, or failure to perform.
9. Third Party App Stores. You acknowledge and agree that the availability of the Service may be dependent on third party websites or mobile applications from which you download the Service, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that this Agreement is between you and Tesloop and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, this Agreement, the more restrictive or conflicting terms and conditions in this Agreement will apply to your use of the Service.
10. Third Party Sites. The Service may contain links to websites operated by third parties (“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY NOTICE, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.
11. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Tesloop agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 11(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. You and Tesloop each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Tesloop each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 11(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
F. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 11(B) and 11(C) by sending written notice of your decision to opt-out by emailing us at firstname.lastname@example.org. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
G. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 11(B) do not apply, or if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 11, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions. In the event of litigation relating to this Agreement or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
H. Applicable Law. You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Tesloop.
12. Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties
(i) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, TESLOOP CONTENT, ALL USER CONTENT AND ANY OTHER CONTENT, MATERIAL OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY USER CONTENT OR ANY OTHER CONTENT, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE TESLOOP CONTENT, USER CONTENT, OR ANY OTHER CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
(ii) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE, THE TESLOOP CONTENT, ANY USER CONTENT, OR ANY OTHER CONTENT, MATERIAL OR ITEMS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE SERVICE) (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON THE SERVICE, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MATERIAL OR ITEMS (INCLUDING WITHOUT LIMITATION USER CONTENT AND MATERIALS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
B. Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, TESLOOP CONTENT, USER CONTENT, OR ANY OTHER CONTENT, MATERIAL OR ITEMS ON THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
13. Indemnity. You agree to indemnify and hold Tesloop and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Service or any content or information available through the Service (including, for clarity, your User Content), or any violation of this Agreement and/or our Privacy Notice and/or the terms and conditions that are applicable to your use of Third Party App Stores or Third Party Sites. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from Tesloop’s own negligent conduct.
14. Notice to New Jersey Users. Notwithstanding any terms set forth in this Agreement, if any of the provisions set forth in Sections 11, 12 or 13 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of this Agreement shall remain binding on you and Tesloop. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in this Agreement, nothing in this Agreement is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
15. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
16. Notice to International Users. The Service is controlled and operated from Tesloop’s facilities in the United States. Tesloop makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
18. Export Control. The Service 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 Tesloop, or any products utilizing such data, in violation of the United States export laws or regulations
19. Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
20. Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision.
21. Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
22. Assignment. We may assign our rights under this Agreement without your approval and with or without notice to you.
23. No Modifications by Our Employees. If any of our employees offers to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
24. Contact Information. If you have any questions about the Service, this Agreement or your account, please contact us at firstname.lastname@example.org.