CARBANDY
TERMS OF SERVICE
Last revised: May 8 , 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS IN THE USA (UNLESS YOU OPT OUT), AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
INTRODUCTION
CarBandy Inc. (hereinafter, “CarBandy”, “we”, or “us”), provides a platform to share information about vintage sports cars and to connect vehicle owners with fellow owners and enthusiasts seeking to learn, engage, and interact. CarBandy is accessible online at CarBandy.com and may also offer an application for mobile devices (CarBandy’s websites, blog, and/or mobile applications are hereinafter collectively referred to as “the Services”). By accessing or using the Services, including by communicating with us or other CarBandy users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and CarBandy.
All of the provisions in the Terms, together with CarBandy’s Privacy Policy, constitute the “Agreement” between you and CarBandy.
As laid out below, CarBandy does not currently offer insurance services, since it merely allows users to the share information about particular automobiles and automobile hobbyists. To the extent that individual users choose to connect in person, operate vehicles together, or exchange vehicles in some form, it is up to them to verify that they are covered by their own (and/or their counterparty’s) insurance policy and comply with all other insurance requirements and/or laws governing motor vehicles. To the extent required by local law(s) or insurance policies, each driver will give the other permission to enter and/or use the vehicles. Under all circumstances, the drivers enter, operate, or exchange vehicles at their own risk. Moreover, you agree to indemnify CarBandy from any form of liability, involvement, or damage relating to the operation or exchange of vehicles.
Modification. CarBandy reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your account within 30 days, in which case the previous effective version of the Terms of Service will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new Terms of Service will apply to you.
If
you have any questions for us concerning this Agreement, please contact us
at info@Carbandy.com.
GENERAL TERMS
Eligibility. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.
Registration. In order to access certain features of the Services you must sign up for an account with us (hereinafter a “CarBandy Account”) by either providing us your email address and creating a password or through a third-party logon service or social networking site account (“SNS”) (including, Facebook and Google).
Verification. When you sign up, you will provide us with certain information about yourself to enable us to verify your identity. You promise to provide complete and accurate information to CarBandy about yourself and your vehicle(s), if any. Where permitted, CarBandy has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, including driving history and driver’s license validity, but we do not endorse any vehicle, user, or his or her background, or commit to undertake any specific screening process. CarBandy may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize CarBandy to request, receive, use, and store such information. CarBandy may accept or reject your sign-up application in its sole discretion.
Ongoing Information Updates. You promise to update the information you have provided to CarBandy in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, CarBandy may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CarBandy Account, whether or not you have authorized such activities or actions. You will immediately notify CarBandy of any actual or suspected unauthorized use of your CarBandy Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your account after you have reported unauthorized access to us.
Your Commitments. You agree that you will always use your account and the Services in compliance with the Terms, applicable law, and any other policies and standards provided to you by CarBandy. As a vehicle owner or host (hereinafter “host”), you commit that you will only list vehicles that are safe, legally registered, insured, with a clean (non-salvage/branded) title, and in good mechanical condition. As a fellow owner or guest (hereinunder “guest”), you commit that you will be a legally licensed driver, who will treat fellow members and their vehicles with respect and due care. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate
any law, including:
● breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, third party rights or our systems, Policies, or determinations of your account status;
● post false, inaccurate, misleading, defamatory, or libelous content;
● infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to CarBandy, or that comes from the Services and belongs to another CarBandy user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of CarBandy;
Submit
any false information, including:
● submit any false information including name, date of birth, driver’s license, credit card, insurance, or other personal information;
● list or offer, as an owner, any vehicle that you do not yourself own or have authority to share;
● list or offer, as an owner, any vehicle that may not be shared for compensation pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement;
● list or offer, as an owner, any vehicle that has a salvaged, branded, washed, or unclean title or that is not safe, legally registered, (and insured) to be driven on public roads;
● share or drive any vehicle without a valid driver’s license;
● share or submit any listing with false or misleading information, or submit any listing with a price that you do not intend to honor;
● register for a CarBandy account on behalf of an individual other than yourself;
● impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Fail
to honor your commitments, including:
● fail to pay your fees or other amounts owed to CarBandy or another user;
● transfer your CarBandy account and/or user ID to another party without our consent;
● allow anyone else with whom you are traveling to drive the vehicle you have independently agreed to drive or exchange;
● list or provide to a guest a vehicle that is subject to a safety recall without first properly addressing the matter subject to the recall;
Harm
or threaten to harm users of our community, including:
● “stalk” or harass any other CarBandy user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a CarBandy owner or traveler in accordance with these Terms;
● engage in physically or verbally abusive or threatening conduct;
● use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
● treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the CarBandy community;
Use
CarBandy for your own unrelated purposes, including:
● contact a fellow member or host for any purpose other than asking a question related to such host’s vehicle(s) or listing(s);
● commercialize any content found on CarBandy or software associated with our Services, including Reviews;
● harvest or otherwise collect information about users without their and our consent;
● recruit or otherwise solicit any user to join third party services or websites that are competitive to CarBandy, without CarBandy’s prior written approval;
Interfere
with the operation of the Services, including:
● interfere with any other user’s listings;
● enter into a CarBandy transaction with a member of your family, household, friend, colleague, or acquaintance;
● distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
● distribute viruses or any other technologies that may disrupt or interfere with the operation or provision of our Services, or harm CarBandy or the interests or property of others;
● bypass robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
● systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
● use, display, mirror, or frame the Services or any individual element within the Services, CarBandy’s name, any CarBandy trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without CarBandy’s express written consent;
● access, tamper with, or use non-public areas of the Services, CarBandy’s computer systems, or the technical delivery systems of CarBandy’s providers;
● attempt to probe, scan, or test the vulnerability of any of CarBandy’s system or network or breach any security or authentication measures;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CarBandy or any of CarBandy’s providers or any other third party (including another user) to protect the Services;
● forge any TCP/IP packet header or any part of the header information in any email or other posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
● attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
● endeavor to circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to circumvent an account suspension or closure or giving cars registered to you or a member of your household to other CarBandy users to List.
Violations. CarBandy has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of this Agreement to the fullest extent permissible by the law. CarBandy may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against CarBandy or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of CarBandy, its employees, its users, or members of the public.
CarBandy reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that CarBandy, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. If we believe you are abusing CarBandy, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Fees. Any fees we may charge for using our Services and other cost structures may change from time to time. Prices and pricing changes will be displayed through the Service.
Collection of Fees. When you provide CarBandy a payment method, you authorize CarBandy, or third-party partners acting on CarBandy’s behalf, to store your payment credential for future use in the event you owe CarBandy any money. You authorize CarBandy to use stored payment credentials for balances, including but not limited to, payment, fines, fees, claims costs, and related administrative fees. CarBandy and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. CarBandy, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. 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 parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to CarBandy by you. Such communication may be made by CarBandy or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information CarBandy reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us info@Carbandy.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your CarBandy Account, you must contact the collection agency directly.
Communications
with You. In
order to contact you more efficiently, we may at times contact you using
autodialed or prerecorded message calls or text messages at your telephone
number(s). We may place such calls or texts primarily to confirm your signup;
provide notices regarding your Account or Account activity; investigate or
prevent fraud; collect a debt owed to us; or communicate urgent messages. You
agree that we, or our service providers, may contact you using autodialed or
pre-recorded message calls and text messages to carry out the purposes we have
identified above. We may share your phone number(s) with service providers with
whom we contract to assist us in pursuing these interests, but will not share
your phone number(s) with third parties for their own purposes without your
consent. Standard telephone minute and text and data charges may apply. Where
CarBandy is required to obtain your consent for such communications, you may
choose to revoke your consent.
DISCLAIMER OF LIABILITY
Disclaimers. CARBANDY PROVIDES SERVICES THAT ENABLE LISTING AND/OR EXCHANGING INFORMATION ABOUT CERTAIN VEHICLES. CARBANDY DOES NOT ITSELF PROVIDE VEHICLE RENTAL SERVICES AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE VEHICLE MANUFACTURER, OR ANY THIRD-PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, CARBANDY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CarBandy makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. CarBandy makes no warranty regarding the quality or content of any listings, vehicles, hosts, guests, the Services, or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, that may be obtained from CarBandy or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST CARBANDY AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “CARBANDY PARTIES”) AND ANY CARBANDY USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE HOST PROVIDES THEIR OWN COMMERCIAL/RENTAL INSURANCE/PROTECTION) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE CARBANDY PARTIES, ANY ACTIONS OR INACTION OF THE HOST. NEITHER CARBANDY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, in no event will CarBandy or its insurer’s aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of the amounts you have paid or owe for the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or $100 (USD). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARBANDY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Moreover, you specifically waive any and all claims against CarBandy related to possible damage to a vehicle (whether yours or someone else’s), injury to yourself or to other passengers in a vehicle, or other third-party property damage or injuries sustained in relation to your use of a vehicle.
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold CarBandy and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, or creation of a listing for a vehicle; or the use, condition, or trip, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of sharing or use of a vehicle.
No rental services. CarBandy is not a rental car company. It does not own a fleet of vehicles, and is not, in the business of renting vehicles to the public. CarBandy is in the business of providing an online platform where vehicle owners can exchange information about vintage automobiles and sports cars, subject to these Terms.
Termination. You may discontinue your use of the Services at any time and CarBandy may terminate your access to the Services and remove any listings for any reason or no reason to the maximum extent permissible under applicable law. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and CarBandy may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
No Transfer or Assignment. Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the CarBandy Services.
No Agency. CarBandy does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of CarBandy and CarBandy will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement.
General. This Agreement states the entire understanding between you and CarBandy concerning your access to and use of the CarBandy Services and supersedes any earlier verbal or written communications between us. If any provision of this Agreement is construed to be unenforceable, invalid, or void for any reason, then the remaining provisions will not be affected and will continue in full force and effect. A CarBandy Director or Officer must agree to any modification or waiver of any term of this Agreement in writing. CarBandy’s failure to exercise any right under this Agreement will not constitute a waiver of any other right CarBandy may have. Headings are for reference purposes only and do not limit the scope or extent of such Section.
CarBandy can be contacted info@Carbandy.com. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
CarBandy Content and User Content License. Subject to your compliance with the provisions of these Terms, CarBandy grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any CarBandy content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CarBandy or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of your vehicle or trip. By making available any content on or through the Services, or through CarBandy promotional campaigns, you hereby grant to CarBandy a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services. CarBandy does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright
Protection. We
respond to notices of alleged copyright infringement and terminate
accounts of repeat infringers according to the process set out in the US
Digital Millennium Copyright Act and similar laws. If you think a user is
violating your copyright(s), please notify us at info@Carbandy.com.
LEGAL DISPUTES FOR OWNERS
AND TRAVELERS
RESIDING IN THE UNITED STATES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CARBANDY HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, you and CarBandy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of Maryland, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute that has arisen or may arise between you and CarBandy, except as otherwise stated in the Terms of Service. These Terms and your use of the Services will be interpreted in accordance with the laws of Maryland and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Maryland, or a United States District Court for Maryland.
Agreement to Arbitrate. You and CarBandy each agree that any and all disputes or claims that have arisen or may arise between you and CarBandy (including its respective subsidiaries, employees, officers, directors, and agents) relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through CarBandy’s Services (such as listing or sharing a vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains 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. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND CARBANDY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARBANDY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief,” shall be for a court of competent jurisdiction to decide.
Arbitration requests will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to CarBandy should be sent via email to info@Carbandy.com. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from CarBandy.
If you and CarBandy are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or CarBandy may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site. (The AAA provides a Demand for Arbitration form and a separate form for California residents.) Any settlement offer made by you or CarBandy shall not be disclosed to the arbitrator.
Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. You or CarBandy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and CarBandy subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or CarBandy may attend by telephone.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same CarBandy user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities
Costs of Arbitration. CarBandy will cover the cost of any arbitration fees for you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
Severability. With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure. IF YOU ARE A NEW CARBANDY USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO info@Carbandy.com ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your CarBandy Account(s) to which the opt-out applies and to info@Carbandy.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against CarBandy prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and CarBandy. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms but will arbitrate any dispute in accordance with the provisions of the “Agreement to Arbitrate” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to CarBandy, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of the Terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and CarBandy must be resolved exclusively by a state, federal, or small claims court located in Maryland. You and CarBandy agree to submit to the personal jurisdiction of the courts located within Maryland for the purpose of litigating all such claims or disputes.
SPECIFIC TERMS FOR GUESTS
The following Sections also apply if you access, use, or exchange a vehicle:
Fees. While CarBandy is currently a largely free (or “freemium”) service, you are responsible for paying all fees when they come due. You authorize CarBandy to charge any payment methods or stored payment credentials associated with your account for all amounts due, including but not limited to, security deposits, processing fees, fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g., tolls, parking tickets, towing fines) incurred.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder.
Use of the Vehicle. If you choose to use a vehicle from an owner through CarBandy, you do so at your own risk. Moreover, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft). You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits, seat belts, and prohibitions on impaired or distracted driving. In the event CarBandy has any concern about your use of a vehicle or the Services, CarBandy may terminate your account or listing in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. If you have any concerns about your planned use, please contact info@Carbandy.com. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle.
Condition of the Vehicle. You understand that third parties own the vehicles offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the CarBandy team immediately at info@Carbandy.com.
Missing
Vehicles. If
a vehicle you have used through the CarBandy Services goes missing and/or is
stolen during a meet up with another user, you, must immediately return the
original ignition key to the host; file a police report immediately after
discovering the vehicle is missing or stolen, but in no event more than 24
hours after discovering it has gone missing; and cooperate fully with the host,
law enforcement, CarBandy, and other authorities matters related to the
investigation.
SPECIFIC TERMS FOR OWNERS
The following Sections also apply if you allow access to or share your vehicle:
Information Given at Registration. When you sign up for CarBandy, you will identify passenger vehicle(s) that you want to list for sharing through the Services. CarBandy may impose fees on such listings. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
Maintenance. You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be listed. In addition, if CarBandy believes that your vehicle does not conform to reasonable standards, CarBandy may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. CarBandy is not responsible for the maintenance or condition of any vehicle.
Other Insurance and Legal Matters. You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your vehicle. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by any and all applicable jurisdictions. You also promise to maintain registration information and proof of insurance in your vehicle. You agree to provide CarBandy with information regarding your policy’s coverage as may be requested. You must inform CarBandy promptly in the event information previously provided lapses or changes.
You shall be exclusively responsible for providing commercial rental insurance coverage for any interaction or operation involving your vehicles through CarBandy. You shall carry no less than the minimum applicable liability and/or physical damage automobile insurance for your vehicle, your guest, and his/her authorized drivers. You represent and warrant that (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in connection with listing vehicles on CarBandy; or (2) you are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental car insurance to guests.
You further acknowledge and agree that you shall receive no protection or coverage by CarBandy or its affiliates, whether that be vehicle damage protection, liability protection, uninsured or underinsured motorist coverage, personal injury protection, or any similar coverage or indemnification, roadside assistance, or trust and safety support when you have chosen to provide your own commercial rental insurance.
CarBandy reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial rental car company and have the ability to offer commercial auto rental insurance to renters/drivers of your vehicles when you choose to decline protection. If CarBandy has any concerns in this regard, you agree that CarBandy can automatically, and in its sole discretion, remove your listings or suspend your account.
If you lose the ability to offer commercial rental insurance to your guests (for example your policy has been canceled or nonrenewed), you must immediately change the status of your vehicle. If the change is temporary, you can snooze your vehicle(s). Never let someone use or exchange a car without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise guests with hidden costs or requirements at pick-up.
You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate and would be difficult for CarBandy to prove. You will pay CarBandy $5,500 in Liquidated Damages/Contract Penalties to compensate CarBandy for any such conduct. This amount is not intended as a punishment for any such breach.
You shall defend, indemnify, and hold CarBandy, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your guests or their authorized drivers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of use of any vehicles.