Terms

TERMS OF USE

1. DEFINITIONS:
“User”: you or any person, who uses, downloads or accesses the Service or the Application.
“Content”: includes any text, graphics, images, music, software (not including the
Application), audio, video, information or other materials.
“User Content”: anything that a user posts, uploads, publishes, submits or conveys to be
made available through the Service or Application.
“Company Content” any Content that Company makes available through the Service or
Application, including any Content licensed from a third party, but excluding User Content.
“Collective Content” means, collectively, Company Content and User Content

2. TERMS AND CONDITIONS:
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal
agreement between you (the “user” or “you”) and Haute Cars“, a  Limited Liability
corporation (the “Company”, “we”, or “us”). In order to use the service (the “Service (s)”)
or the related application (“App”) you must agree to all the terms and conditions that are
set out in this Agreement.
By using or receiving any Services supplied to you by the Company, and downloading,
installing or using any related App provided by the Company which purpose is to enable you
to use the Service, you hereby deliberately acknowledge and agree to be bound by the
terms and conditions of the Agreement, and any future amendments and additions to this
Agreement as published through the App. The Company reserves the right to modify the
terms and conditions of this Agreement or its policies relating to the Service or Application
at any time, effective upon posting of an updated version of this Agreement on the
Company Website or Application. It is your responsibility to always review this Agreement.
Sustained use of the Service or the App after any or such amendments and additions to the
Agreement shall constitute your consent to such changes.
THE COMPANY IS NOT A TRANSPORTATION SERVICES OR PROVIDER AND THE COMPANY IS NOT A
TRANSPORTATION CARRIER. THE COMPANY ONLY CONNECTS YOU OR ANY USERS VIA THE APP
OR THE WEB TO THE THIRD PARTY TRANSPORTATION PROVIDERS, DRIVERS OR VEHICLE
OPERATORS WHO ARE WILLING AND ON THEIR OWN DISCRETION TO OFFER TRANSPORTATION
SERVICES.
THE COMPANY ONLY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY
TRANSPORTATION SERVICES AND IS NOT RESPONSIBLE OR LIABILE FOR ANY TRANSPORTATION
SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. THE SERVICE AND APPLICATION IS NOT
AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18).

3. REPRESENTATIONS AND WARRANTIES:
By using the Service or Application, You expressly agree, represent, and warrant to all of the
following:
You are at least 18 years old.
You have the right, authority and capacity to enter into this Agreement.
You abide by the terms and conditions of this Agreement.
You read, write and understand English.
You are using the Service or the App for your sole personal use.
You do not authorize others to use your user status.
You will keep secure and confidential your username and account password or any
identification we provide you which allows access to the Service or the App.
You do not assign or otherwise transfer your user account to any other person or entity.
You comply with all applicable laws from the country, state and city in which you are
present while using the Application or Service.
You only access the Service using authorized means.
You are responsible to check and ensure that you download the correct Application for your
device.
The Company is not liable if you do not have a compatible handset or if you have
downloaded the wrong version of the Application for your handset.
The Company reserves the right to terminate this Agreement should you be using the Service
or Application with an incompatible or unauthorized device.
You will only use the Service or Application for lawful purposes; you will not use the Services
for sending or storing any unlawful material or for fraudulent purposes.
You will not use or store in your user account any Counterfeit credit cards.
You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service or Application in any way whatsoever.
You will not copy, or distribute the Application or other content without consent from the
Company.
You will only use the Application and Service for your own use and will not resell it to a third
party.
You will provide us with whatever proof of identity we may reasonably request.
You will only use an access point or 2G and up data account (AP) which you are authorized
to use.
You are aware that when requesting transportation services by SMS, standard Messaging and
data charges will apply.

4. ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES:
The following applies to any App Store Sourced Application:
You acknowledge and agree that (i) this Agreement is concluded between you and Company
only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store
Sourced Application and content thereof. Your use of the App Store Sourced Application
must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any
applicable warranty, you may notify Apple, and Apple will refund the purchase price for the
App Store Sourced Application to you and to the maximum extent permitted by applicable
law, Apple will have no other warranty obligation whatsoever with respect to the App Store
Sourced Application. As between Company and Apple, any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any warranty will be
the sole responsibility of Company.
You and Company acknowledge that, as between Company and Apple, Apple is not
responsible for addressing any claims you have or any claims of any third party relating to
the App Store Sourced Application or your possession and use of the App Store Sourced
Application, including, but not limited to: (i) product liability claims; (ii) any claim that the
App Store Sourced Application fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Company acknowledge that, in the event of any third party claim that the App
Store Sourced Application or your possession and use of that App Store Sourced Application
infringes that third party’s intellectual property rights, as between Company and Apple,
Company, not Apple, will be solely responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim to the extent required by
this Agreement.
You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third
party beneficiaries of this Agreement as related to your license of the App Store Sourced
Application, and that, upon your acceptance of the terms and conditions of this Agreement,
Apple will have the right (and will be deemed to have accepted the right) to enforce this
Agreement as related to your license of the App Store Sourced Application against you as a
third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable
third party terms of agreement when using the App Store Sourced Application.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third party the Service or the Application in
any way; (ii) modify or make derivative works based upon the Service or the Application;
(iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any
other server or wireless or Internet-based device; (iv) reverse engineer or access the
Application in order to (a) build a competitive product or service, (b) build a product using
similar ideas, features, functions or graphics of the Service or Application, or (c) copy any
ideas, features, functions or graphics of the Service or Application, or (v) launch an
automated program or script, including, but not limited to, web spiders, web crawlers, web
robots, web ants, web indexers, bots, viruses or worms, or any program which may make
multiple server requests per second, or unduly burdens or hinders the operation and/or
performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of
applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise
unlawful or tortious material, including material harmful to children or violate the third
party privacy rights; (iii) send or store material containing software viruses, worms, Trojan
horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere
with or disrupt the integrity or performance of the Application or Service or the data
contained therein; or (v) attempt to gain unauthorized access to the Application or Service
or its related systems or networks.
Company will have the right to investigate and prosecute violations of any of the above to
the fullest extent of the law. Company may involve and cooperate with law enforcement
authorities in prosecuting users who violate this Agreement. You acknowledge that Company
has no obligation to monitor your access to or use of the Service, Application or Collective
Content or to review or edit any Collective Content, but has the right to do so for the
purpose of operating the Service and Application, to ensure your compliance with this
Agreement, or to comply with applicable law or the order or requirement of a court,
administrative agency or other governmental body. Company reserves the right, at any time
and without prior notice, to remove or disable access to any Collective Content that
Company, at its sole discretion, considers to be in violation of this Agreement or otherwise
harmful to the Service or Application
5. PAYMENT TERMS:
Any charges that the Company may charge You for the usage of the Application or Service,
are due immediately and are non-refundable. All charges made are non-refundable. This no
refund policy shall apply at all times regardless of Your choice to terminate usage of
Application or Service, our choice to terminate your usage, disruption caused to our
Application or Service either planned, accidental or intentional, or any other reason
whatsoever. The Company reserves the right to determine final charges. The charges are
based on incorporated factors, included but not limited to distance, duration, time of day
and location, and type of Service.
The Company, at its sole discretion, makes promotional offers with different features and
different prices to any persons. These promotional offers, unless made to You, shall have no
bearing whatsoever on Your offer or agreement. The Company may change the charges for
its Application or Service, whenever it is necessary for our business, and encourages you to
check this agreement and our website periodically if You are interested to learn about how
the Company charges for the usage of our Application or Service.
In the event that You cancel or withdraw a ride request on the Company Platform more than
five (5) minutes after your request is accepted by a driver, You agrees to pay a
nonrefundable $ 10 cancellation fee.
If a driver reports to the Company that You, or another party who was with You during the
ride, in any manner materially damaged the Driver’s vehicle, the company may, in its sole
and absolute discretion, charge Your credit card a “Damage Charge” of minimum $ 150. If
the damage exceeds $ 25, You agree to pay in full for driver’s cost of repairing or cleaning
the vehicle. This Damage Charge is paid to the driver less the Company Fee of $ 50 The
Company reserve the right (but is not obligated) to verify or require documentation of
damage prior to processing the Damage Charge.
6. THIRD PARTY INTERACTIONS:
During use of the Application and Service, you may enter into correspondence with,
purchase goods and/or services from, or participate in promotions of third party service
providers, advertisers or sponsors showing their goods and/or services through the
Application or Service. Any such activity, and any terms, conditions, warranties or
representations associated with such activity, is solely between you and the applicable
third-party. The Company and its licensors shall have no liability, obligation or responsibility
for any such correspondence, purchase, transaction or promotion between you and any such
third-party. The Company does not endorse any sites on the Internet that are linked through
the Service or Application, and in no event shall the Company or its licensors be responsible
for any content, products, services or other materials on or available from such sites or
third party providers. The Company provides the Application and Service to you pursuant to
the terms and conditions of this Agreement. You recognize, however, that certain thirdparty
providers of goods and/or services may require your agreement to additional or
different terms and conditions prior to your use of or access to such goods or services, and
the Company disclaims any and all responsibility or liability arising from such agreements
between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the
Application or Service and other mechanisms to subsidize the Application or Service. By
agreeing to these terms and conditions you agree to receive such advertising and marketing.
If you do not want to receive such advertising you should notify us in writing. The Company
reserves the right to charge you a higher fee for the Service or Application if you choose not
to receive these advertising services. This higher fee, if applicable, will be posted on the
Company’s website located at www.hautecarsparkcity.com. The Company may compile and release
information regarding you and your use of the Application or Service on an anonymous basis
as part of a customer profile or similar report or analysis. You agree that it is your
responsibility to take reasonable precautions in all actions and interactions with any third
party you interact with through the Service.
7. DISCLAIMER OF WARRANTIES:
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS
OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT
(A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION,
SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS
OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR
THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS”
BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY,
OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR
AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH
THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE
RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY
SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
8. INTERNET DELAYS:
THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND
OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC
COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES,
OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
9. LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES
OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE
OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE
LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY
NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY
TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER,
ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY
THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY TRANSPORTATION PROVIDERS FOR THE
PURPOSES OF PROVIDING TRANSPORTATION. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY
OR ABILITY OF ANY THIRD PARTY TRANSPORTATION PROVIDERS AND YOU EXPRESSLY WAIVE
AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING
FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRANSPORTATION PROVIDER. THE
COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU
AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING
PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE
DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE
(WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE
SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE
AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR
DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY
RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU
EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF
THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER
STATE), WHICH READS 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.”
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE
SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER
WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND,
THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO
TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS,
UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE
SERVICE AT YOUR OWN RISK.
10. CONDUCT OF USERS:
By entering into this Agreement or using the Application or the Service you agree that (1)
you will not misuse any third party car, use any third party car for any illegal purpose,
engage in any illegal activities (such as carrying any kind of drugs of narcotics) in any third
party car; and (2) you will comply with the laws of the City and State where you use the
App.
11. INDEMNIFICATION:
By entering into this Agreement and using the Application or Service, you agree that you
shall defend, indemnify and hold the Company, its licensors and each such party’s parent
organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and
agents harmless from and against any and all claims, costs, damages, losses, liabilities and
expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your
violation or breach of any term of this Agreement or any applicable law or regulation,
whether or not referred to in this Agreement; (b) your violation of any rights of any third
party, including any providers of transportation services, or (c) your use or misuse of the
Application or Service.
12. NOTICE:
The Company may give notice by means of a general notice on the Service, electronic mail
to your email address on record in the Company’s account information, or by written
communication sent by first class mail or pre-paid post to your address on record in the
Company’s account information. 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). You may give notice to the Company (such notice
shall be deemed given when received by the Company) at any time by any of the following:
letter delivered by nationally recognized overnight delivery service or first class postage
prepaid mail to the Company’s mailing address to the attention of: Managing Director.
13. ASSIGNMENT:
This Agreement may not be assigned by you without the prior written approval of the
Company but may be assigned without your consent by the Company to (i) a parent or
subsidiary, (ii) an acquirer of assets or (iii) a successor by merger. Any purported assignment
in violation of this section shall be void.
14. GOVERNING LAW:
This Agreement is governed by the laws of the United States of America as applied in  Any suit, action or proceeding arising out ofthis Agreement shall be instituted in the federal courts or state courts located in the United States and each party irrevocably submits to the exclusive jurisdiction of such courts in any such
suit, action or proceeding.
15. DISPUTE RESOLUTION:
You and Company agree that any dispute, claim or controversy arising out of or relating to
this Agreement or the breach, termination, enforcement, interpretation or validity thereof
or the use of the Service or Application (collectively, “Disputes”) will be settled by binding
arbitration, except that each party retains 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. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING
THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY
PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and
Company otherwise agree in writing, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of any class or representative
proceeding. If this specific paragraph is held unenforceable, then the entirety of this
“Dispute Resolution” section will be deemed void. Except as provided in the preceding
sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in
accordance with the Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this
“Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by
calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the
interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written
Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired
judge or an attorney licensed to practice law in the state of California and will be selected
by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are
unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for
Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Company otherwise agree, the arbitration will be conducted in the county
where you reside. If your claim does not exceed $5000, then the arbitration will be
conducted solely on the basis of documents you and Company submit to the arbitrator,
unless you request a hearing or the arbitrator determines that a hearing is necessary. If your
claim exceeds $5000, your right to a hearing will be determined by the AAA Rules. Subject
to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The
arbitrator’s decision will include the essential findings and conclusions upon which the
arbitrator based the award. Judgment on the arbitration award may be entered in any court
having jurisdiction thereof. The arbitrator’s award damages must be consistent with the
terms of the “Limitation of Liability” section above as to the types and the amounts of
damages for which a party may be held liable. The arbitrator may award declaratory or
injunctive relief only in favor of the claimant and only to the extent necessary to provide
relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be
entitled to an award of attorneys’ fees and expenses, to the extent provided under
applicable law. Company will not seek, and hereby waives all rights it may have under
applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as
set forth in the AAA Rules. However, if your claim for damages does not exceed $1000,
Company will pay all such fees unless the arbitrator finds that either the substance of your
claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an
improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure
11(b)).
Changes
Notwithstanding the provisions of the modification-related provisions above, if Company
changes this “Dispute Resolution” section after the date you first accepted this Agreement
(or accepted any subsequent changes to this Agreement), you may reject any such change
by sending us written notice within 30 days of the date such change became effective, as
indicated in the “Last Updated Date” above or in the date of Company’s email to you
notifying you of such change. By rejecting any change, you are agreeing that you will
arbitrate any Dispute between you and Company in accordance with the provisions of this
“Dispute Resolution” section as of the date you first accepted this Agreement (or accepted
any subsequent changes to this Agreement).
16. GENERAL:
No joint venture, partnership, employment, or agency relationship exists between you, the
Company or any third party provider as a result of this Agreement or use of the Service or
Application. If any provision of the Agreement 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. The failure of the Company to enforce any right or provision in this Agreement
shall not constitute a waiver of such right or provision unless acknowledged and agreed to
by the Company in writing. This Agreement comprises the entire agreement between you
and the Company and supersedes all prior or contemporaneous negotiations, discussions or
agreements, whether written or oral, between the parties regarding the subject matter
contained herein.