Terms and COnditions
THESE Terms and Conditions CONTAIN AN ARBITRATION AGREEMENT, AND RESOLVES DISPUTES WITH ARBITRATION THAT COULD OTHERWISE BE BROUGHT IN A COURT OF LAW. THIS ARBITRATION AGREEMENT ALSO PRECLUDES YOU FROM BRINGING ANY CLASS, REPRESENTATIVE, OR COLLECTIVE ACTIONS AGAINST CHATTYWAGON, LLC OR ITS REPRESENTATIVES.
PLEASE REVIEW THE ARBITRATION AGREEMENT CAREFULLY AND CONSULT WITH OTHERS AS NECESSARY BEFORE ACCEPTING OR USING SERVICES TO UNDERSTAND YOUR RIGHTS.
IF YOU DO NOT AGREE WITH ANY PART OF THESE Terms and Conditions, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE OR THE SERVICES OR OPT-OUT AS SPECIFIED HEREIN.
We reserve the right to change these Terms and Conditions at any time, and by continuing to use the Website or the Services you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Services shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at https://www.chattywagon.com/terms-conditions/
ChattyWagon, LLC (“ChattyWagon”, “we”, “us” or “our”) permits you to pre-arrange efficient, eco-friendly transportation services in specific geographic areas in Tennessee during specified hours at no cost to users by using the Application or Website (all collectively referred to herein as the “Services”).
Our Services continue to grow and change. Please refer to our Website or the Application for further information about the Services we provide.
Unless otherwise agreed by us in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH US AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER, A TRANSPORTATION NETWORK COMPANY OR A TAXICAB.
YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS WHEN ACCESSING THE WEBSITE OR USING THE SERVICES, AND YOU MAY ONLY ACCESS OR USE THE SERVICES FOR LAWFUL PURPOSES. TRANSPORTATION OF ANY UNLAWFUL OR HAZARDOUS MATERIALS IS STRICTLY PROHIBITED.
You may be required to provide proof of identity to use or access the Services.
WE EXPRESSLY RESERVE THE RIGHT TO REFUSE TO OFFER YOU SERVICES IN OUR SOLE BUT REASONABLE DISCRETION.
All riders or users of the services must be 18 years or older.
You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to us or any other party, including other riders.
The Services are intended for use by adults over 18 years of age, and by using the Services, you represent and warrant that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. In order to use the Services, you must download the Application and create a login to register for and maintain an active account (“Account”). Account registration requires you to submit certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, whether or not you actually authorized that activity. You agree to maintain the security and secrecy of your Account username and password at all times, and you understand that you may only possess one Account. You shall never use another user’s Account without such user’s express permission. You will immediately notify us in writing of any unauthorized use of your Account, or other Account-related security breach known to you. In the event of any such unauthorized use of your Account, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. We reserve the right to refuse registration of, or cancel an Account in our sole discretion. Users who identify themselves as under eighteen (18) years old will be blocked from creating an Account.
4. Third Parties.
As a result of your use of the Services, you may receive, have access to, or receive referrals to products and services or giveaways of merchandise, goods, or other items provided by unaffiliated entities (each a “Third Party”), which are provided for convenience and informational purposes only. Because we have no access to or control over Third Parties, you acknowledge and agree that we are not responsible for and do not verify any Third Parties, and we do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials provided by such Third Parties (collectively “Third Party Services”). You also acknowledge and agree that ChattyWagon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Services.
Third Parties are fully responsible for all goods and services that they provide to you, and for any and all injuries, illnesses, damages, claims, liabilities, and costs (“Third Party Liabilities”) they may cause you to suffer, directly or indirectly, in full or in part, whether related to Third Party Services, or not. You waive and release ChattyWagon and its members, directors, officers, employees, contractors, affiliates, partners, successors, assigns and other legal representatives (collectively referred to herein as the “ChattyWagon Representatives”) from any Third Party Liabilities arising from or related to any act or omission of a Third Party. ChattyWagon is not responsible for any performance, availability or quality claims associated with Third Party Services. We are also not responsible for any products, services, or materials provided by a Third Party. Contact any Third Parties directly for additional information regarding Third Party Services or content provided by such Third Parties.
5. User Responsibilities.
You agree to provide only accurate, complete, and up-to-date information to ChattyWagon. You are responsible for all content you submit through your Account or to our Website, whether or not you actually authorized that activity. You will immediately notify ChattyWagon in writing of any unauthorized submission or of any related security breach known to you. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. We reserve the right to refuse, or cancel access to our Website or Services in our sole discretion.
6. Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from your use of Services in excess of normal “wear and tear” damages or necessary cleaning.
7. Intellectual Property.
The material provided on the Website is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. All intellectual property in on the Website is owned by ChattyWagon, and nothing herein or included in the Website’s materials shall be construed as a grant from ChattyWagon of a license to any copyrights, trademarks, patents or any other intellectual property rights.
Except as otherwise authorized by the Terms and Conditions, none of the Website content may be copied, reproduced, distributed, republished, downloaded, displayed, modified, exploited, entered into a database, reverse engineered, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of ChattyWagon. Permission is granted for you to display, copy, distribute and download the materials from the Website or use the Services ONLY for personal, non-commercial use, provided that you do not modify the materials, you retain all copyright and other proprietary notices contained in the materials, and you agree to abide by all additional copyright notices or restrictions contained in any material accessed through the Website. You hereby acknowledge that you are prohibited from transmitting, showing, displaying, or presenting the content, ideas, trademarks, or language contained on or within the Website in any way to any other individual, entity, or third party. The permission to use Services for personal, non-commercial use terminates automatically if you breach any of the Terms and Conditions as set forth herein. At termination of the permission of use by ChattyWagon for any reason, you agree to destroy any and all copies of the Website you possess in any format, including in electronic format. You also may not, without ChattyWagon permission, “mirror” any material contained on the Website on any other server. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Unless otherwise indicated, these Terms and Conditions, the Website and all content provided by ChattyWagon in connection therewith are copyright 2018 ChattyWagon, LLC. All rights reserved. ChattyWagon is either a trademark or registered trademark of ChattyWagon, LLC. The names of any actual companies and products mentioned on the Website may be the trademarks of their respective owners.
8. Content and Feedback.
If you provide feedback to ChattyWagon, or publish or post other information or content on the Website or otherwise in connection with your use of the Services (“User Content”), you shall grant ChattyWagon the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of the User Content as part of any ChattyWagon product, technology, service, specification or other documentation (individually and collectively, “ChattyWagon Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the User Content (and derivative works thereof) as part of any ChattyWagon Products; (iii) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the User Content or portion thereof incorporated into a ChattyWagon Product, technology or service. Further, you warrant that your User Content is not subject to any license terms that would purport to require ChattyWagon to comply with any additional obligations with respect to any ChattyWagon Products that incorporate any User Content.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
9. Code of Conduct.
To maintain the integrity and functionality of the Services, activities that are harmful to, inconsistent with or disruptive of the Services, or that otherwise interrupt or interfere with users’ beneficial use and enjoyment of the Services are expressly unauthorized and prohibited. For example, without limitation, such prohibited activities include:
a. Impersonating any person or entity;
b. Stalking, threatening, or otherwise harassing any person or user, or carrying any weapons when receiving transportation;
c. Interfering with or disrupting the Services or the Website;
e. Using the Services in violation of any federal, state, local, or international laws or regulations or would otherwise give rise to civil liability;
f. Using the Website or the Services for storing, transmitting, or posting infringing, libelous, offensive, defamatory, abusive, pornographic, hateful, obscene or otherwise objectionable, unlawful or tortious material, or using the Website or Services to harass, defame, or embarrass other users or individuals;
g. Interfering with other users’ use or enjoyment of the Website, or interfering or disrupting the Services or the Website;
h. Using the Services for commercial purposes other than those consented to in writing by ChattyWagon;
i. Collecting Website users’ personal information (including but not limited to email addresses, IP addresses, and telephone numbers) for any purpose, or otherwise bullying, intimidating, or harassing any other user of the Website;
j. Copying, aggregating, displaying, distributing, or other performance or derivative use of the Website or any content posted on the Website, whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds);
k. Accessing or using the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Website. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer or any electronic, wireless or mobile device, technology or product that exists now or in the future;
l. Attempting to decompile, disassemble or reverse engineer all or any part of the Application or Website in order to identify, acquire, copy or emulate any source code or object code;
m. Introducing or attempting to introduce any malicious software, viruses, worms, Trojan horses, malware, spiders and/or harmful code to the Website;
n. Infringing on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; and
o. Attempting to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities.
If you access the Website or copy, display, distribute, perform or create derivative works from the Website or our intellectual property in violation of the Terms and Conditions or for purposes inconsistent with the Terms and Conditions, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on the Website or any provision of the Terms and Conditions that restricts content, conduct, or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our Website on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively referred to herein as a “Circumvention Act”). If ChattyWagon determines, in its sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, ChattyWagon reserves the right to report you to the relevant regulatory authorities, among any other remedies available to it.
We may terminate this Agreement and your rights to access and use your Account, the Website and Services for any or no reason, without liability, at our sole discretion at any time, including but not limited to if we suspect that you have violated this Agreement. We may notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Website (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security or integrity of ChattyWagon 's network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement by you.
Even after your right to use the Website is terminated or suspended, these Terms and Conditions will remain enforceable against you. Upon termination of this Agreement or cessation of your right to access the Website or Services, all rights granted to you hereunder will immediately terminate.
12. Privacy and Protection of Personal Information.
YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, SHALL INDEMNIFY AND HOLD CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES HARMLESS FROM AND AGAINST ALL SUITS, PROCEEDINGS AT LAW OR IN EQUITY, CLAIMS, LIABILITIES, COSTS, DAMAGES, PAYMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ OR ACCOUNTANTS’ FEES) ASSERTED AGAINST CHATTYWAGON OR THE CHATTYWAGON REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, MISUSE OF, OR RELIANCE ON THE SERVICES; (B) YOUR VIOLATION OR BREACH OF THESE TERMS AND CONDITIONS; (C) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY OR SERVICE PROVIDER; (D) YOUR CONNECTION TO THE CHATTYWAGON WEBSITE; or (E) ANY CLAIM FOR DAMAGES TO PROPERTY OR INJURIES TO PERSONS, CAUSED BY OR RESULTING FROM YOUR ACTS OR OMISSIONS. CHATTYWAGON reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.
YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH USE OF THE SERVICES AND HEREBY INDEMNIFY CHATTYWAGON AND CHATTYWAGON REPRESENTATIVES AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INJURY OR DEATH.
THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL warranties, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. CHATTYWAGON DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY SERVICES, INCLUDING THE ABILLITY TO PROVIDE OR RECEIVE SRVICES AT ANY GIVEN LOCATION OR TIME, OR ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS ON THE WEBSITE.
CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES ASSUME NO LIABILITY OR RESPONSIBILITY FOR: ANY ERRORS OR OMISSIONS IN THE SERVICES OR CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICES OR CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OR MERCHANTS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WEBSITE CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. INFORMATION ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHATTYWAGON IS NOT RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. CHATTYWAGON DOES NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION, OR OTHER USE OR ACCESS OF THE SERVICES BY PERSONS UNDER THE AGE OF EIGHTEEN IN VIOLATION OF THIS AGREEMENT.
The WEBSITE may permit you to link to other websites, applications, or resources on the Internet, and other websites, applications, or resources may contain links to the WEBSITE. CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY. CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES DO NOT ENDORSE, HAVE NO CONTROL OVER, AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR THE FUNCTIONALITY, AVAILABILITY, OR SECURITY OF ANY THIRD PARTY. THE USER ACKNOWLEDGES THAT CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES HAVE NO CONTROL OVER SUCH SERVICES AND AGREES TO HOLD CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES BLAMELESS FOR ANY LAPSE IN FUNCTIONALITY, BREACH OF SECURITY, OR UNAVAILABILITY OF ANY THIRD PARTY’S WEBSITE CONTENTS, SERVICES, OR INTERRUPTION OF ACCESS TO THE WEBSITE AS A RESULT OF ANY THIRD PARTY’S WEBSITE MALFUNCTION OR INOPERABILITY. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE USER’S USE OF THIRD-PARTY WEBSITES AND MERCHANTS IS AT THE USER’S OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.
Location data provided by the Website or Application is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither ChattyWagon, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Website. Any of your Information, including geolocation data, you upload, provide, or post on the ChattyWagon may be accessible to ChattyWagon and certain Users of the Website.
ChattyWagon shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the APPLICATION OR Website.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
15. No Liability.
YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, ACKNOWLEDGE AND AGREE THAT CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES ARE ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, AGREE NOT TO HOLD CHATTYWAGON OR THE CHATTYWAGON REPRESENTATIVES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR THIRD PARTY (INCLUDING WITHOUT LIMITATION INJURY, DEATH, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR THIRD PARTY, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES OR ANY DESTRUCTION OF YOUR INFORMATION, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.
UNDER NO CIRCUMSTANCES WILL CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF SERVICES. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CHATTYWAGON AND THE CHATTYWAGON REPRESENTATIVES ARE LIABLE FOR DAMAGES IN EXCESS THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).
16. Arbitration Agreement and Class Action Waiver.
By agreeing to the Terms and Conditions, you agree that any claim you have against ChattyWagon will be resolved in an individual basis in binding arbitration. YOU AND CHATTYWAGON MUTUALLY AGREE WE WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives after the Agreement terminates or your relationship with ChattyWagon ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, as more fully set forth herein.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND CHATTYWAGON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN A CORPORATE OR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE ACTION. UNLESS BOTH EXPRESSLY AGREED TO BY CHATTYWAGON, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules then in effect (the “AAA Rules”), unless otherwise specified herein.
The arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues. It is the intent of the parties that the AAA Rules shall preempt all state laws to the fullest extent permitted by law.
The party seeking to arbitrate a Claim must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The parties shall mutually agree upon an Arbitrator within five (5) days of delivery of the Demand for Arbitration, or if an arbitrator cannot be mutually agreed upon, the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and ChattyWagon otherwise agree, the arbitration will be conducted in Chattanooga, Tennessee. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ChattyWagon submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, 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.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. 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. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms and Conditions; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Time Limit for Claims.
You agree that any Claims against ChattyWagon must be filed within one (1) year after such Claim first arose, or such Claim shall be barred forever; provided, however, that in the event any statute or law prohibits the revision of the limitations period applicable to such claim or cause of action to such one (1) year, such period shall be revised to the shortest period of time allowable by such statute or law.
Notices of Changes and Opt-Out.
The Company may change this Arbitration Agreement at any time, without prior notice to you. If you access or use the Services, and such change is posted, you accept that change. If you do not accept the change, please do not access or use the Services. If you would like to opt-out of the Arbitration Agreement, or any updates thereto, please contact us in writing at firstname.lastname@example.org. You must opt-out within thirty (30) days of the first date you accepted the Services, or within thirty (30) days that any changes have been posted to the Arbitration Agreement. You should check this Arbitration Agreement each time you use the Website.
a. United States Access. ChattyWagon is based in the State of Tennessee, in the United States of America. ChattyWagon makes no claims that the content of the Website or that the Services are appropriate or lawful outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms and Conditions shall remain in effect indefinitely.
b. No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
c. Age Restrictions. You must be at least eighteen (18) years old to use the Services and the Website. If you are under eighteen (18) years old, then you must have permission from a parent or legal guardian to use the Website. ChattyWagon has no intention of collecting personal information from individuals under the age of eighteen (18).
d. Electronic Communications. When you use the Website, or send e-mails to ChattyWagon, you are communicating with ChattyWagon electronically and you consent to receive communications from ChattyWagon electronically. ChattyWagon will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that ChattyWagon provides to you electronically satisfy any legal requirement that such communications be in writing.
e. Severability. If any one or more of the provisions (or portions thereof) of the Terms and Conditions shall for any reason be held by a final determination of a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions (or portions of the provisions) of the Terms and Conditions, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the parties.
f. Waivers. The failure of ChattyWagon to seek redress for violation of or to insist upon the strict performance of any covenant or condition of the Terms and Conditions shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.
g. Force Majeure. ChattyWagon shall not be responsible for any damages, delay in performance or failure to perform by ChattyWagon if caused by any act or occurrence beyond its reasonable control such as embargoes, changes in government regulations or requirements (executive, legislative, judicial, military or otherwise), acts of war or terrorism, power failure, electrical surges or current fluctuations, lightning, earthquake, flood, the elements or other forces of nature, delays or failures of transportation, or acts or omissions of telecommunications common carriers.
h. Assignment. The Terms and Conditions, and any rights you may have under them, may not be assigned or transferred by you. ChattyWagon may freely assign the Terms and Conditions to any third party.
i. Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
j. Headings. All headings used in the Terms and Conditions are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms and Conditions. Words of any gender used in the Terms and Conditions shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
k. Survival. All provisions of these Terms and Conditions relating to ownership, warranties, indemnification, limitations of liability, and any other subject that would, by its nature, be deemed to survive termination of these Terms and Conditions will survive termination of these Terms and Conditions, whether or not so expressly stated.
l. Modification. ChattyWagon may post changes to the Terms and Conditions at any time, and any such changes will be applicable to all subsequent access to or use of the Website. If you do not accept and agree to all provisions of the Terms and Conditions, now or in the future, your sole recourse is to reject the Terms and Conditions by immediately terminating all access and use of the Website, in which case any continuing access or use of the Website is unauthorized. By using the Website you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.
m. Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties and supersede all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of the Terms and Conditions.
YOU acknowledge that YOU HAVE read and fully understand THESE Terms and Conditions and that, BY USING THE WEBSITE, YOU agree with and accept all the Terms and Conditions contained herein.