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D/B/A CurbCycle

End User Terms of Use

Effective Date: April 1, 2020

Acceptance of the Terms

These Terms (“Terms”) are entered into by and between you as a user (“You”) and CurbCycle, LLC (“CurbCycle”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern Your access to and use of the applications, websites, content, products, and services made available in the United States and its territories and possessions by CurbCycle, LLC, which may include mobile applications, websites, other software applications, and other related software and software services (collectively, the “CurbCycle Platform”) that allow You to transact with third parties to arrange, schedule, and pay for curbside pickup and other waste removal services. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE CurbCycle PLATFORM, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CurbCycle.

By accessing or using the CurbCycle Platform or by clicking to accept or agree to the Terms when this option is made available to You through any portion of the CurbCycle Platform, You accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://curbcycle.com/privacy-policy/, incorporated herein by reference. If You do not want to agree to these Terms or the Privacy Policy, You must not access or use the CurbCycle Platform.  CurbCycle may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the CurbCycle Platform or any portion thereof, at any time for any reason.

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW, AS IT SETS FORTH THE REQUIREMENTS BY WHICH YOU WILL RESOLVE DISPUTES WITH CurbCycle, LLC THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS HEREIN AND HAVE BEEN GIVEN AN OPPORTUNITY TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

The CurbCycle Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the CurbCycle Platform, You represent and warrant that You are of legal age to form a binding contract with CurbCycle and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the CurbCycle Platform.

In some cases, supplemental terms may apply to particular uses of the CurbCycle Platform (“Supplemental Terms”). Such Supplemental Terms will be disclosed to You separately and may incorporate these Terms by reference. Supplemental Terms are in addition to, and shall be deemed a part of, these Terms for such particular uses. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to use of the CurbCycle Platform for such particular uses.

Changes to the Terms

CurbCycle may amend the Terms from time to time. Amendments will be effective upon CurbCycle’s posting or presenting of such updated Terms through any portion of CurbCycle Platform. Your continued access or use of the CurbCycle Platform after the availability of such Terms confirms Your consent to be bound by the Terms, as amended. If CurbCycle changes these Terms, You may reject such change by providing written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This notice must be provided by email from the email address associated with Your Account to: [email protected]. In order to be effective, the notice must include Your full name and clearly indicate Your intent to reject changes to these Terms. By rejecting changes, You are agreeing that You will continue to be bound by the provisions of these Terms as of the date You first agreed to the Terms (or to any subsequent changes to these Terms).  CurbCycle reserves the right to terminate these Terms in response to your rejection of any changes, without prior notice, and effective as of the day that your written notice of rejection is received.

Arbitration Agreement

By agreeing to the Terms, You agree that You are required to resolve any claim that You may have against CurbCycle on an individual basis in arbitration, as set forth below in this Arbitration Agreement. This will preclude You from bringing any class, collective, or representative action against CurbCycle, and will also preclude You from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against CurbCycle by another party.

  • Agreement to Binding Arbitration Between You and CurbCycle. You and CurbCycle agree that any dispute, claim or controversy arising out of or relating to (a) these Terms, including the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) Your access to or use of the CurbCycle Platform, whether before or after the Effective Date, will be settled by binding arbitration between You and CurbCycle instead of in a court of law. You acknowledge and agree that You and CurbCycle are each waiving the right to a trial by jury, and waiving the right to participate as a plaintiff or class member in any class action, representative proceeding, or other similar action. Unless You and CurbCycle agree in a separate writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, representative, or other proceeding. You and CurbCycle each retain the right to bring an individual action in small claims court, as well as 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 any copyrights, trademarks, trade secrets, patents or other intellectual property rights.
  • Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as further modified by this Arbitration Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes 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, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement constitutes a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Ohio.
  • Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
  • Arbitrator’s Decision. The Arbitrator will render a decision within the time frame specified in the AAA Rules. Judgment on the arbitration decision may be entered in any court having competent jurisdiction to do so. 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.
  • Arbitration Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Hamilton County Ohio, but if the claim is for ten thousand US dollars ($10,000) or less, You may choose whether the arbitration will be conducted: (i) solely based on documents provided to the arbitrator; (ii) through a telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of Your billing address. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand for Arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, You agree to reimburse CurbCycle for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules.
  • Changes. If CurbCycle changes this Arbitration Agreement after the date You first agreed to the Terms (or to any subsequent changes to the Terms), You may reject any such change by providing CurbCycle written notice of such rejection as provided above in the “Changes to the Terms.” By rejecting changes, You are agreeing that You will arbitrate any dispute between You and CurbCycle in accordance with the provisions of this Arbitration Agreement as of the date You first agreed to the Terms (or to any subsequent changes to the Terms).
  • Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) such provision shall be severed from these Terms; (2) severance of the such provision shall have no impact whatsoever on the remainder of 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.

Use of Services

  • Use of CurbCycle Platform. The CurbCycle Platform may allow You to request and schedule waste removal and other pickup services (“Third Party Services”) from various third party providers (“Third Party Providers”) at a price determined by the respective Third Party Providers. The CurbCycle Platform is made available solely for Your personal, noncommercial use.  You acknowledge that: (a) Your only relationship with CurbCycle is that of a user of the CurbCycle Platform; (b) Your use of the CurbCycle Platform to obtain Third Party Services does not create an obligation for CurbCycle to provide such Third Party Services; and (c) CurbCycle is not liable for any action or inaction of Third Party Providers with respect to Third Party Services.
  • License. Subject to Your compliance with these Terms, CurbCycle grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the CurbCycle Platform on Your personal device; and (ii) access and use any content, information and related materials that may be made available through the CurbCycle Platform, in each case solely for Your personal, noncommercial use. Any rights not expressly granted herein are reserved by CurbCycle.
  • License Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the CurbCycle Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the CurbCycle Platform except as expressly permitted by CurbCycle; (iii) decompile, reverse engineer or disassemble any portion of the CurbCycle Platform; (iv) attempt to gain unauthorized access to any portion of the CurbCycle Platform. No right, title, or interest in or to the CurbCycle Platform or any content on the CurbCycle Platform is transferred to You, and all rights not expressly granted are reserved by CurbCycle. Any use of the CurbCycle Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
  • Further Prohibited Uses. You may use the CurbCycle Platform only for lawful purposes and in accordance with these Terms. You agree not to access or use the CurbCycle Platform: (a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) To impersonate or attempt to impersonate CurbCycle, a CurbCycle employee, another user, or any other person or entity; (d) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the CurbCycle Platform, or which, as determined by us, may harm CurbCycle or users of the CurbCycle Platform, or expose them to liability; (e) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the CurbCycle Platform, including their ability to engage in real time activities through the CurbCycle Platform; (f) with any robot, spider, or other automatic device, process, or means to access the CurbCycle Platform for any purpose, including monitoring or copying any of the material on the CurbCycle Platform; (g) with any device, software, or routine that interferes with the proper working of the CurbCycle Platform; (h) in an attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the CurbCycle Platform, the server on which the CurbCycle Platform is stored, or any server, computer, or database connected to the CurbCycle Platform; (i) to attempt to Attack the CurbCycle Platform via a denial-of-service attack or a distributed denial-of-service attack; or (j) to otherwise attempt to interfere with the proper working of the CurbCycle Platform.
  • Third Party Software. Use of the CurbCycle Platform may include use of third party software that is licensed to CurbCycle. You acknowledge that different Terms and privacy policies may apply to Your use of such third party software.
  • Ownership. The CurbCycle Platform and all rights therein, excluding any third party software are and shall remain CurbCycle’s property or the property of CurbCycle’s licensors. Neither these Terms nor Your use of the CurbCycle Platform grant to You any rights: (i) in or related to the CurbCycle Platform except for the limited license granted above; or (ii) to use or reference in any manner CurbCycle’s company names, logos, product and service names, trademarks or services marks or those of CurbCycle’s licensors.

Accessing the CurbCycle Platform and Account Security

  • Account. From time to time, CurbCycle may restrict access to some parts of the CurbCycle Platform, or the entire Services, to users, including users that have registered an account with the CurbCycle Platform (“Account”). We will not be liable if for any reason all or any part of the CurbCycle Platform is unavailable at any time or for any period. Creation of an Account may require You to submit personal information, such as Your name, address, mobile phone number, age, payment methods, and other information. You agree to maintain information in Your account as accurate and complete. Inaccurate or incomplete information in your Account may result restrictions on your access or use of the CurbCycle Platform. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times.
  • Account Responsibilities. You are responsible for both: (a) making all arrangements necessary for You to access the CurbCycle Platform, including providing a device and internet connection through which the CurbCycle Platform may be accessed; and (b) ensuring that all persons who access the CurbCycle Platform through Your Account are aware of these Terms and comply with them. You may not authorize third parties to use Your Account, and You may not use Your Account to schedule or obtain Third Party Services for another. You agree to comply with all applicable laws when accessing or using the CurbCycle Platform, and You may only access or use the CurbCycle Platform for lawful purposes (e.g., no unlawful disposal of hazardous materials). You may not use the CurbCycle Platform to cause nuisance or property damage, whether to the Third Party Provider or any other party.
  • Account Contact. You agree that CurbCycle and Third Party Providers may, as part of scheduling or providing the Third Party Services, contact You by software application notification, telephone, text message, email, or other contact method that is configured or provided by You or on Your behalf in connection with Your Account. 
  • Account Location. In some cases, scheduling and accepting Third Party Services may require You to possess a smartphone capable of installing or accessing the CurbCycle Platform (a “Mobile Device”). Some uses of the CurbCycle Platform may result in the CurbCycle collecting location information from Your Mobile Device, and You hereby acknowledge and consent to such collection. CurbCycle does not collect or use such information for purposes beyond identifying Your potential Third Party Providers and coordinating the scheduling of Third Party Services.
  • User Contributions. CurbCycle may allow You to submit, upload, publish or otherwise make available to text, audio, and/or visual content and information through the CurbCycle Platform, including commentary and feedback related to the CurbCycle Platform and Third Party Services (“User Contributions”). By providing User Contributions to CurbCycle, You grant CurbCycle a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Contributions. You represent and warrant that: (i) You either are the sole and exclusive owner of all User Contributions or You have all rights, licenses, consents and releases necessary to grant CurbCycle the above license to the User Contributions; and (ii) no use of the User Contributions will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • User Contribution Standards and Enforcement. You that your User Contributions will not be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as may be determined by CurbCycle in its sole discretion. CurbCycle may, but shall not be obligated to, review, monitor, or remove User Contributions, at CurbCycle’s sole discretion and at any time and for any reason, without notice to You. You understand and acknowledge that You are responsible for any User Contributions You submit, and that You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Further, CurbCycle is not responsible or liable to You or any third party for the content or accuracy of any User Contributions posted by You or any other user of the CurbCycle Platform. By using the CurbCycle Platform to submit User Contributions, You understand that Your User Contributions are not and will not be treated as confidential by CurbCycle, and that CurbCycle has the right to: (a) disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the CurbCycle Platform; and (c) terminate or suspend Your access to all or part of the CurbCycle Platform for any or no reason, including without limitation, any violation of these Terms.  YOU WAIVE AND HOLD HARMLESS CurbCycle AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Payment for Third Party Services

  • Charges. You understand that use of the CurbCycle Platform to obtain Third Party Services may result in charges to You (“Charges”). An estimate of Charges will be presented to You at the time that Third Party Services are scheduled. You are responsible for reviewing the estimated Charges prior to confirming the Third Party Services, and You shall be responsible for all Charges scheduled confirmed through Your Account whether or not You are aware of them at the time they are incurred.  CurbCycle will receive and/or enable Your payment of the applicable Charges for such services or goods obtained through Your use of the CurbCycle Platform. Charges may be inclusive of applicable taxes, and may also include other applicable fees, tolls, and/or surcharges.
  • Payment. Payment of Charges will be enabled by CurbCycle using the payment method designated in Your Account. If Your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, You agree that CurbCycle may use a secondary payment method in Your Account, if available. Charges paid by You are final and non-refundable. You authorize CurbCycle and any payment processing service retained by CurbCycle to facilitate the payment of Charges. All Charges paid through a third party payment processing service will be subject to additional terms provided by that third party payment processing service and, by agreeing to these Terms, You agree to be bound by such additional terms. While CurbCycle will use commercially reasonable efforts to protect all payment method information and all other personal information, CurbCycle expressly disclaims any liability for any damage that may result should any information be released to any third parties, and You agree to hold CurbCycle harmless for any damages that may result therefrom.
  • Authorization to Charge. You hereby authorize CurbCycle to charge the payment method on file in Your account for the amount of any Charges arising from Third Party Services upon the earlier of: (a) Your verification of the completion of such Third Party Services; or (b) 24 hours after a Third Party Provider’s verification of the completion of such Third Party Services, if You have not filed any complaint related to the Third Party Services or if such complaint has been otherwise resolved as determined by CurbCycle in its sole discretion.  CurbCycle may seek authorization of Your selected payment method to ensure the ability to complete future payment and prevent unauthorized behavior. Such authorization may temporarily appear as a charge, and may be subject to overdraft or NSF charges in some cases. CurbCycle is not responsible for any such charges.
  • Determination of Charges. CurbCycle reserves the right to establish and revise Charges for any or all services or goods, including Third Party Services, at any time and in CurbCycle’s sole discretion. CurbCycle will use reasonable efforts to inform You of Charges that may apply to any particular use of the CurbCycle Platform, provided that You will be responsible for Charges incurred under Your Account regardless of Your awareness of such Charges. CurbCycle provide certain users with offers or discounts that result in different Charges for the same or similar services, goods, or Third Party Services. You agree that any such discount, unless also made specifically and expressly available to You, shall not impact Your Charges associated with use of the CurbCycle Platform.
  • Cancellations. You may elect to cancel Your request for Third Party Services at any time prior to the day that such Third Party Services are requested and/or scheduled to be completed, in which case no Charges will apply for that canceled Third Party Service. Cancellations on the same day as scheduled Third Party Services may result in full or partial application of Charges, depending upon the associated Third Party Provider and the status of the Third Party Services at the time the cancellation request is received.  In the event of cancelation of scheduled Third Party Services by a Third Party Provider, no Charges will apply for that canceled Third Party Service.
  • Failure to Prepare Waste. You acknowledge that completion of the Third Party Services may require You to adequately prepare waste or other objects (a “Scheduled Pickup”) to picked up, which may include positioning the Scheduled Pickup at a location that is customarily used for waste pickup and removal, and which may also include additional preparation requirements such as placing the Scheduled Pickup in bags and/or other containers, wrapping some or all of the Schedule Pickup in plastic, marking portions of the Scheduled Pickup to indicate their status (e.g., hazardous), or other preparations.  In the event that a Third Party Provider determines that a Scheduled Pickup has not been adequately prepared or positioned, or the Third Party Provider determines to be unsafe to fulfill the Scheduled Pickup, the Third Party Provider may, but is not required to, make attempts to contact You so that any deficiencies in the Scheduled Pickup may be addressed. In any case, where the Third Party Provider determines that performance of the Third Party Services due to Your inadequate preparation or positioning of the Scheduled Pickup, full Charges for those Third Party Services will apply and neither Third Party Provider nor CurbCycle shall be required to reschedule such Third Party Services without additional Charges.
  • Third Party Provider Disputes. We understand that disputes may arise between You and a Third Party Provider in relation to the Third Party Services or other issues. In the event that such a dispute cannot be directly resolved between You and the Third Party Provider, You hereby agree, at CurbCycle’s request, to participate with good faith, to the extent You are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by CurbCycle. However, You acknowledge and agree that CurbCycle is under no obligation facilitate resolution in any dispute between or among You and any Third Party Provider. YOU ACKNOWLEDGE THAT THE CurbCycle PLATFORM IS A SOFTWARE SERVICE FOR CONNECTING YOU WITH THIRD PARTY PROVIDERS, AND THAT CurbCycle DOES NOT CONTROL AND IS NOT AN AFFILIATE OF ANY THIRD PARTY PROVIDER. ANY LOSS, DISPUTE, OR OTHER CLAIM YOU HAVE WITH ANY THIRD PARTY PROVIDER IS SOLELY BETWEEN YOU AND THAT THIRD PARTY PROVIDER, AND YOU IRREVOCABLY RELEASE CURBCYCLE (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Reliance on Information Posted

The information presented on or through the CurbCycle Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the CurbCycle Platform, or by anyone who may be informed of any of its contents.

The CurbCycle Platform may include content provided by third parties, including materials provided by other users and Third Party Providers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CurbCycle, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CurbCycle. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the CurbCycle Platform

We may update the content on the CurbCycle Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the CurbCycle Platform may be out of date at any given time, and CurbCycle is under no obligation to update such material.

Information About You and Your Use of the CurbCycle Platform

All information CurbCycle collects on the CurbCycle Platform is subject to our Privacy Policy at: https://curbcycle.com/privacy-policy/. By using the CurbCycle Platform, You consent to all actions taken by CurbCycle with respect to Your information in compliance with the Privacy Policy.

Geographic Restrictions

The owner of the CurbCycle Platform is based in the State of Indiana in the United States. We provide the CurbCycle Platform for use only by persons located in the United States. We make no claims that the CurbCycle Platform or any of its content is accessible or appropriate outside of the United States. Access to the CurbCycle Platform may not be legal by certain persons or in certain countries. If You access the CurbCycle Platform from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that CurbCycle cannot and does not guarantee or warrant that files or other data received from the CurbCycle Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CurbCycle PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CurbCycle PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE CurbCycle PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CurbCycle PLATFORM IS AT YOUR OWN RISK. THE CurbCycle PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CurbCycle PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CurbCycle NOR ANY PERSON ASSOCIATED WITH CurbCycle MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CurbCycle PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CurbCycle NOR ANYONE ASSOCIATED WITH CurbCycle REPRESENTS OR WARRANTS THAT THE CurbCycle PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CurbCycle PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CurbCycle PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CurbCycle PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, CurbCycle HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

CURBCYCLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE CurbCycle PLATFORM OR ANY THIRD PARTY SERVICES REQUESTED THROUGH THE CurbCycle PLATFORM, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CurbCycle OR ANOTHER PARTY, EVEN IF CurbCycle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CurbCycle SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE CurbCycle PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE CurbCycle PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CurbCycle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CurbCycle SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF THIRD PARTY SERVICES.

WHILE THE CurbCycle PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THIRD PARTY SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT CurbCycle HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY THIRD PARTY SERVICE, GOODS, OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS ARE RESPONSIBLE FOR AND CONTROL PERFORMANCE OF THIRD PARTY SERVICES, AND THAT ANY EMPLOYEES, CONTRACTORS, OR OTHER PERSONNEL PROVIDING THE THIRD PARTY SERVICES ARE SELECTED BY AND UNDER THE CONTROL OF THE THIRD PARTY PROVIDER. CurbCycle IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY PROVIDER OR THEIR EMPLOYEES, CONTRACTORS, OR OTHER PERSONNEL, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY THIRD PARTY SERVICES OR ANY THIRD PARTY PROVIDER.

SUBJECT TO EACH PRECEDING LIMITATION, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CurbCycle AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT THAT CurbCycle HAS RECEIVED FROM YOU FOR YOUR ACCESS AND USE OF THE CurbCycle PLATFORM IN THE LAST TWELVE MONTHS.

Indemnification

You agree to indemnify CurbCycle and its affiliates and their officers, directors, employees, and agents from any and all claims, demands, losses, liabilities, attorney’s fees, or expenses arising out of or in connection with: (i) Your use of the CurbCycle Platform, scheduling or receipt of Third Party Services, or other services or goods obtained through Your use of the CurbCycle Platform; (ii) Your breach of any of these Terms; (iii) CurbCycle’s use of Your User Contributions; or (iv) Your violation of the rights of any third party, interactions with any third party, or damage to any third party, including Third Party Providers.

Governing Law and Jurisdiction

Subject to the Arbitration Agreement, all other matters relating to the CurbCycle Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the CurbCycle Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Cincinnati and County of Hamilton. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE CurbCycle PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by CurbCycle of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CurbCycle to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy, as well as any Supplemental Terms that you may be presented from time to time, constitute the sole and entire agreement between You and CurbCycle, LLC regarding your use of the CurbCycle Platform as an end user and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding your use of the CurbCycle Platform as an end user.

Your Comments and Concerns

This website is operated by Bobby Klein.

All other feedback, comments, requests for technical support, and other communications relating to the CurbCycle Platform should be directed to: [email protected],