Please read these Terms of Use ("Terms") carefully before using any platform, tool, product score, product rating, product review, content, information, communication or other product or service published, promoted or otherwise made available (collectively, the “Services”) on any website made available by ROOKIE RIDES, Inc. (“ROOKIE RIDES”, "us", "we", or "our"), including www.RookieRides.com.
Your access to and use of any ROOKIE RIDES Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, subscribers, users and others who wish to access or use any ROOKIE RIDES Service.
Your consent at registration or your use of any ROOKIE RIDES Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms. If you disagree with any part of the Terms, you do not have permission to access or use any ROOKIE RIDES Service, and may not do so.
The use of all personal data you submit to any ROOKIE RIDES Service or which we collect about you is governed by our privacy policy (“Privacy Policy”). A copy of our Privacy Policy is available at www.rookierides.com/privacy-policy. You acknowledge that by using any ROOKIE RIDES Service you have reviewed and accepted the Privacy Policy. The Privacy Policy is incorporated into, and forms an integral part of, these Terms. Any ROOKIE RIDES Service is made available to you for general information, discussion, and entertainment purposes only. We make no representations or guarantees about any aspect of any ROOKIE RIDES Service. ANY ROOKIE RIDES SERVICE IS MADE AVAILABLE AND PUBLISHED ON AN “AS IS” BASIS, AND YOUR USE OR RELIANCE ON ANY ROOKIE RIDES SERVICE IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY ROOKIE RIDES SERVICE.
ARBITRATION NOTICE: PLEASE READ THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW. THOSE PROVISIONS AFFECT HOW DISPUTES ARE RESOLVED. THE ARBITRATION AND DISPUTE RESOLUTION SECTION, WITH LIMITED EXCEPTIONS, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST ROOKIE RIDES TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ THOSE PROVISIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
The information you submit to us through any ROOKIE RIDES Service, including as part of any account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse your access to any ROOKIE RIDES Service. You agree to indemnify, defend, and hold harmless ROOKIE RIDES and its Affiliates (as defined below) for any privacy, tort or other claims and related losses, liability, costs and expenses (including reasonable attorneys’ fees) relating to your voluntary provision of a telephone number or email account that is not owned by you, or your failure to promptly notify ROOKIE RIDES of any changes in the contact information.
When you provide us with any information, you expressly consent to ROOKIE RIDES communicating with you about any of our ROOKIE RIDES Services using the information you provided to us, and acknowledge that we have the authority to contact you via the contact methods you provide. This means we may contact you, in person or by recorded message, e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your telephone or other telecommunications device may be capable of receiving. For example, we may send you information relating to your use of a ROOKIE RIDES Service (e.g., changes in password, confirmation messages, notices) in electronic form only, such as via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that communications be in writing.
None of the ROOKIE RIDES Services are intended for access or use by those under the age of 18. If you are under the age of 18, you may not access or use any ROOKIE RIDES Service or provide information to us.
By accessing or using any ROOKIE RIDES Service, you represent that you are age 18 or over, and have legal capacity to enter into these Terms and fulfill your obligations set out in these Terms. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review these Terms with your parent or guardian before using any ROOKIE RIDES Service; if your parent or guardian does not agree with the Terms as applied to you, then you are not authorized to access or use any ROOKIE RIDES Service.
To the extent any ROOKIE RIDES Service offers an option for you to register or create an account with us, you are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access any ROOKIE RIDES Service or certain features or portions thereof. You agree to immediately notify ROOKIE RIDES of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from any authorized or unauthorized use of your Credentials or for your failure to follow the requirements set out in these Terms.
Your access and use of any ROOKIE RIDES Service is for personal and noncommercial purposes only. The rights granted to you in these Terms are subject to the following restrictions:
• Any ROOKIE RIDES Service includes information and content that is derived in whole or in part from content or materials supplied and owned by ROOKIE RIDES, ROOKIE RIDES’ licensors, or third parties. As between ROOKIE RIDES and you, ROOKIE RIDES owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with any ROOKIE RIDES Service and any content therein, except, if applicable, with respect to your User Content (as defined below).
• You acknowledge ROOKIE RIDES’ valid intellectual and proprietary property rights in any ROOKIE RIDES Service and that your use of any ROOKIE RIDES Service is limited to accessing, viewing and downloading any ROOKIE RIDES Service and associated content and information, as authorized by ROOKIE RIDES. Nothing in these Terms shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to any ROOKIE RIDES Service, or to any portion thereof, except for the limited rights expressly granted herein.
• You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on any ROOKIE RIDES Service, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with any ROOKIE RIDES Service. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of any ROOKIE RIDES Service (including any code used in any software).
• You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any ROOKIE RIDES Service or any portion thereof unless expressly permitted by ROOKIE RIDES in writing. You may not incorporate any ROOKIE RIDES Service or any portion thereof into, or stream or retransmit any ROOKIE RIDES Service via, any hardware or software application or make any ROOKIE RIDES Service or portion thereof available via frames or in-line links, and you may not otherwise surround or obfuscate any ROOKIE RIDES Service with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate any ROOKIE RIDES Service, content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on any ROOKIE RIDES Service or its servers and infrastructures.
• You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of any ROOKIE RIDES Service (including any code used in any software), whether or not for profit.
• You may not use any trademarks, service marks, names, logos, or other identifiers of ROOKIE RIDES or any of its Affiliates (defined below) without the prior written permission of ROOKIE RIDES or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of ROOKIE RIDES;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that ROOKIE RIDES sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
Rookie Rides and other related marks used in any ROOKIE RIDES Service are registered trademarks of ROOKIE RIDES in the United States and other countries.
Any future release, update, or other addition to functionality of any ROOKIE RIDES Service shall be subject to these Terms. All copyright and other proprietary notices on any ROOKIE RIDES Platform content or materials must be retained on all copies thereof. Modification or use of any ROOKIE RIDES Service (including any ratings, reviews, scores or other content or materials published thereon) for any purpose not permitted by these Terms is prohibited and may be a violation of the copyrights and/or trademarks protected by law and these Terms.
If you provide ROOKIE RIDES any feedback or suggestions for improving or regarding your use of any ROOKIE RIDES Service (“Feedback”), you hereby assign to ROOKIE RIDES all rights in the Feedback and agree that ROOKIE RIDES shall have the right to use such Feedback and related information in any manner it deems appropriate, without any compensation or liability to you. ROOKIE RIDES will treat any Feedback you provide to ROOKIE RIDES as non-confidential and non-proprietary. You agree that you will not submit to ROOKIE RIDES any information or ideas that you consider to be confidential or proprietary.
“User Content” means any and all information and content that a user submits to, or uses with, any ROOKIE RIDES Service (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. YOU ASSUME ALL RISKS ASSOCIATED WITH USE OF YOUR USER CONTENT, INCLUDING ANY RELIANCE ON ITS ACCURACY, COMPLETENESS OR USEFULNESS BY OTHERS, OR ANY DISCLOSURE OF YOUR USER CONTENT THAT MAKES YOU OR ANY THIRD PARTY PERSONALLY IDENTIFIABLE. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by ROOKIE RIDES. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will ROOKIE RIDES be liable for any inaccuracy or defect in any User Content.
You hereby grant, and represent and warrant that you have the right to grant, to ROOKIE RIDES an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
BECAUSE WE DO NOT CONTROL USER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT AND WE MAKE NO GUARANTEES REGARDING THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF ANY USER CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR ANY USER CONTENT. Your interactions with other users of any ROOKIE RIDES Service are solely between you and such user. If there is a dispute between you and any user of any ROOKIE RIDES Service, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be profane, indecent or otherwise derogatory. While ROOKIE RIDES has no obligation to monitor or delete any such User Content, ROOKIE RIDES reserves the right to do so in its sole discretion. ROOKIE RIDES may remove or modify any User Content without notice or liability at any time in ROOKIE RIDES’ sole discretion.
NEITHER ROOKIE RIDES, NOR ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS OR ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) ARE RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF ANY ROOKIE RIDES SERVICE, AND TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ROOKIE RIDES AND ITS AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USER CONTENT OR ARISING OUT OF ANY USER INTERACTIONS ON ANY ROOKIE RIDES SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If we become aware of a user’s violation of these Terms, including the rights of any third party, we may take certain remedial steps, including refusing access to any ROOKIE RIDES Service to any person or entity. We may also change eligibility requirements at any time.
If we become aware that any of our users has infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to any ROOKIE RIDES Service. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to any ROOKIE RIDES Service (including any user account, registration or membership), taking legal action and/or reporting you to law enforcement authorities.
ROOKIE RIDES reserves the right to investigate suspected violations of these Terms, including any violation arising from any User Content, postings or emails you make on, or send through, any ROOKIE RIDES Service. ROOKIE RIDES may seek to gather information from any user who is suspected of violating these Terms and from any other user. ROOKIE RIDES may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If ROOKIE RIDES believes, in its sole discretion, that a violation of these Terms has occurred, it may remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. ROOKIE RIDES may cooperate with law enforcement authorities or court orders requesting or directing ROOKIE RIDES to disclose the identity of anyone posting or publishing or otherwise making available any materials that are believed to violate these Terms. YOU WAIVE AND HOLD HARMLESS ROOKIE RIDES AND ITS AFFILIATES FROM ANY CLAIM RESULTING FROM ANY ACTION TAKEN BY ROOKIE RIDES AND ITS AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ROOKIE RIDES OR LAW ENFORCEMENT AUTHORITIES.
Please act responsibly when using any ROOKIE RIDES Service. The following rules are a condition of your access to or use of any ROOKIE RIDES Service:
• No Criminal or Unlawful Conduct. You may only use any ROOKIE RIDES Service (including any information contained therein) for lawful purposes, in accordance with these Terms, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
• Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind, including any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You hereby represent and warrant to ROOKIE RIDES that your User Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the use, transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality; (d) will not violate any law, statute, ordinance, code, or regulation (including those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); and (e) will not be defamatory, libelous, malicious, threatening, or harassing. You recognize that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.
• Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third party claims that User Content, material or information you have posted on or contributed to any ROOKIE RIDES Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material or information publicly posted or privately transmitted on or through any ROOKIE RIDES Service are the sole responsibility of the sender, not ROOKIE RIDES, and that you are responsible for all User Content, material or information you upload, publicly post or otherwise transmit to or through any ROOKIE RIDES Service. If we become aware that any of our users has infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to our ROOKIE RIDES Platform. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
• No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other users of any ROOKIE RIDES Service (including their email addresses or other contact information). You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so-called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of any ROOKIE RIDES Service by any other user or third party, including placing or deploying malware on any ROOKIE RIDES Service.
• No Bullying, Impersonation or Interference. You may not use any ROOKIE RIDES Service to threaten, abuse, harass, or invade the privacy of any other user or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with ROOKIE RIDES or with any other person or entity. You may not restrict, inhibit or interfere with any other user or third party from using or enjoying any ROOKIE RIDES Service.
• No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any ROOKIE RIDES Service, any other online services, or to obtain unauthorized access to any ROOKIE RIDES Service or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to any ROOKIE RIDES Service.
• No Violations of Security Systems. You are prohibited from using any ROOKIE RIDES Service to compromise the security or tamper with, or gain unauthorized access to, any ROOKIE RIDES Service, any online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, ROOKIE RIDES reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them with resolving security incidents.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to any ROOKIE RIDES Service or seeking other legal or equitable remedies, once we become aware of any violation of these Terms.
We may change, modify, edit, suspend, discontinue or otherwise manipulate any ROOKIE RIDES Service or any part, feature or service of any ROOKIE RIDES Service at any time, with or without notice to you. You agree that ROOKIE RIDES will not be liable to you or to any third party for any modification, suspension, or discontinuance of any ROOKIE RIDES Service or any part thereof.
You agree to defend, indemnify, and hold ROOKIE RIDES and its Affiliates harmless, including costs and reasonable attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of any ROOKIE RIDES Service, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. ROOKIE RIDES reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ROOKIE RIDES. ROOKIE RIDES will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
ANY ROOKIE RIDES SERVICE is PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, GOOD AND WORKMANLIKE SERVICES, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT ANY ROOKIE RIDES SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. ROOKIE RIDES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON ANY ROOKIE RIDES SERVICE OR ANY ONLINE SERVICES LINKED TO ANY ROOKIE RIDES SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON ANY ROOKIE RIDES SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ANY ROOKIE RIDES SERVICE OR ANY PORTION THEREOF, AND (III) EVENTS BEYOND OUR REASONABLE CONTROL.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. ROOKIE RIDES ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL ROOKIE RIDES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM USE OF ANY ROOKIE RIDES SERVICE, ANY CONTENT POSTED ON OR THROUGH ANY ROOKIE RIDES SERVICE, OR CONDUCT OF ANY USERS OF ANY ROOKIE RIDES SERVICE, WHETHER ONLINE OR OFFLINE. YOU USE ANY ROOKIE RIDES SERVICE AT YOUR OWN RISK. FOR EXAMPLE, SOME AREAS OF OUR ROOKIE RIDES PLATFORM MAY OFFER INFORMATION, OPINIONS, SCORES, RATINGS, REVIEWS OR OTHER ADVICE ON ONE OR MORE TOPICS; YOUR USE OF SUCH ADVICE IS AT YOUR SOLE RISK. ROOKIE RIDES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF ANY ROOKIE RIDES SERVICE AND YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS AND ACTIONS TAKEN OR NOT TAKEN WHICH IN ANY WAY RELATE TO THE USE OF ANY ROOKIE RIDES SERVICE, OR ANY INFORMATION OBTAINED THROUGH ANY ROOKIE RIDES SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ROOKIE RIDES, OR OUR AFFILIATES OR OUR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, ECONOMIC OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, ANY ROOKIE RIDES SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID ROOKIE RIDES IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
IF YOU ARE A CALIFORNIA RESIDENT, TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Any ROOKIE RIDES Service might contain information regarding, or links to, third-party websites, apps, products or services, including links to sites where you can purchase vehicles or obtain vehicle services such as financing and insurance, and advertisements for third parties (collectively, “Third-Party Items & Ads”). Such Third-Party Items and Ads are not under the control of ROOKIE RIDES and ROOKIE RIDES is not responsible for any Third-Party Items and Ads. ROOKIE RIDES provides these Third-Party Items & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Items & Ads. It is your responsibility to evaluate the accuracy, suitability, safety and usefulness of any information, products or services obtained from any Third-Party Items & Ads. When you purchase or otherwise use products or services from Third-Party Items & Ads, you do so at your own risk, and neither CR nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon any information or links made available on any ROOKIE RIDES Service. When you link to Third-Party Items & Ads, the applicable third party's terms, conditions and policies apply, including the third party's privacy policies.
• ROOKIE RIDES makes no representation that any ROOKIE RIDES Service or any information or content thereon is appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access any ROOKIE RIDES Service from other locations, you do so on your own initiative and at your own risk.
• You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
ROOKIE RIDES may, in its sole discretion, terminate your password, account (or any part thereof) or use of any ROOKIE RIDES Service, or remove and discard any User Content or information stored, sent, or received via any ROOKIE RIDES Service without prior notice and for any reason or no reason, including: (i) you permitting another person or entity to use your identification to access any ROOKIE RIDES Service, (ii) any unauthorized access or use of any ROOKIE RIDES Service, (iii) any violation of these Terms, or (iv) tampering with or alteration of any of the software, data files, and/or content contained in or accessed through, any ROOKIE RIDES Service. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms or your access rights to any ROOKIE RIDES Service shall not affect any right or relief to which ROOKIE RIDES may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to ROOKIE RIDES and its licensors. All rights granted by you to ROOKIE RIDES shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of these Terms or your access rights to any ROOKIE RIDES Service, the following provisions of these Terms will survive: Sections 2 – 21.
We may revise, prospectively, these Terms by posting an updated version on any ROOKIE RIDES Service. You consent and agree to receive notices of updates to these Terms through our posting of an updated Agreement on any ROOKIE RIDES Service. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of any ROOKIE RIDES Service will be deemed as your irrevocable acceptance of any revisions.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND ROOKIE RIDES CAN BRING CLAIMS COVERED BY THE ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND ROOKIE RIDES TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
BY ENTERING INTO THESE TERMS AND THE ARBITRATION AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE ARBITRATION AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of any ROOKIE RIDES Service, your relationship with ROOKIE RIDES, or these Terms (including previous versions), (collectively, “Claim” or “Claims”), you and ROOKIE RIDES agree to first attempt to negotiate any Claim informally for at least 30 days before initiating any out of court settlement (such as mediation or arbitration) or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the mailing address or the email address on file with ROOKIE RIDES (if any). ROOKIE RIDES’ address for such notice is Rookie Rides Inc., PO BOX 53 Benson MD 21018.
Except as otherwise required under applicable law, you and ROOKIE RIDES agree that any arbitration will be limited to the Claim between ROOKIE RIDES and its Affiliates and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ROOKIE RIDES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and ROOKIE RIDES otherwise agree, 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. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis.
Notwithstanding any other provision of these Terms, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible. Unless there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, you may not opt-out of the Class Action Waiver, and any opt-out from the Arbitration Agreement under Section 16.6 shall have no force or effect on the scope, applicability, enforceability, or validity of the Class Action Waiver.
This agreement to arbitrate under Sections 16.2 to 16.6 (collectively, “Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of these Terms and your relationship with ROOKIE RIDES or your use of any ROOKIE RIDES Service.
To the fullest extent permitted by applicable law, you and ROOKIE RIDES agree to arbitrate any and all Claims in accordance with this Arbitration Agreement.
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND ROOKIE RIDES MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THE ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
If there is a dispute about the arbitrability of any Claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and ROOKIE RIDES agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND ROOKIE RIDES ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
In order to initiate arbitration, a Claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in these Terms, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper bases and circumstances of the Claims are presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and ROOKIE RIDES agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. If you bring an arbitration against ROOKIE RIDES, the arbitration hearing will be held in the location of the AAA-ICDR Regional Office closest to your residence, unless we both agree on a different location.
At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.
The Arbitration Agreement shall not require arbitration of the following types of claims:
• Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
• Applications for provisional remedies, preliminary or permanent injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and
• Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA. Neither the Terms nor this Arbitration Agreement prevent you from participating in any investigation by a federal, state, or local government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any federal, state, or local government agencies.
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
You may opt out of the Arbitration Agreement by notifying ROOKIE RIDES in writing within 30 days of your first acceptance date of any version of these Terms containing the arbitration provisions. Following expiration of such 30 day period, you may no longer opt out of the Arbitration Agreement, unless any applicable law provides for a longer opt out period and you have timely opt out under such applicable law. To opt out, you must send a signed written notification to tom@rookierides.com, that includes (a) your name, (b) your address, (c) your telephone number, (e) your email address, and (d) a clear statement indicating that you wish to opt out of the Arbitration Agreement. It is not necessary to submit a rejection of any future change to the Arbitration Agreement if you have properly opted out of arbitration in compliance with the requirements of this Section 16.6.
No failure or delay by ROOKIE RIDES in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
These Terms shall be governed by and construed solely and exclusively in accordance with the laws of the State of Maryland, USA without giving effect to any law that would result in the application of the law of another jurisdiction. No version of the Uniform Computer Information Transactions Act shall apply to these Terms.
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our ROOKIE RIDES Services have a designated agent to receive notices of claims of copyright infringement: Thomas Christopher Zoebelein, 811 Stiles Ct., Joppa, MD 21085, tom@rookierides.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records (if any). If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to any ROOKIE RIDES Service of any user who repeatedly infringes the proprietary rights of any third party.
These Terms (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of any ROOKIE RIDES Service. The section titles in these Terms are for convenience only and have no legal or contractual effect. The words "includes" and "including" are not limited in any way and mean "includes or including without limitation." The word "person" includes individuals, corporations, partnerships, limited liability companies, co-operatives, associations and other natural and legal persons. The term "and/or" means each and all of the persons, words, provisions or items connected by that term (i.e., it has a joint and several meaning). The word "will" is a synonym for the word "shall." If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
From time to time, ROOKIE RIDES may offer certain contests, sweepstakes, or other promotions on any ROOKIE RIDES Service (each, a “Promotion”). Please refer to the Promotion-specific terms and conditions then available on or through any ROOKIE RIDES Service for more information about the terms, conditions, and policies that may apply to your registration for and participation in each Promotion.
If you have any questions about these, you may contact us by email at tom@rookierides.com.