GasBuddy Terms of Service
Effective Date: October, 2013
These GasBuddy Terms of Service (the “Terms of Service
”) describe the terms pursuant to which GasBuddy/OpenStore, LLC (“GasBuddy
” or “us
”) offers you access to the GasBuddy website located at www.GasBuddy.com as well as other localized GasBuddy websites, including DenverGasPrices.com, ToledoGasPrices.com, MichiganGasPrices.com or AllentownGasPrices.com
”), and the services and tools (including, but not limited to, mobile and other software applications) related to the Sites (collectively, the “Service
”). These Terms of Service apply when you access, visit or use the Service.
- About GasBuddy; Eligibility. GasBuddy is a Maryland limited liability company that helps motorists save money by providing motorist with current retail gas prices. [The Service is intended for users who are at least eighteen (18) years old. If you are not at least eighteen (18) years old please do not access, visit or use the Service.
- Acceptance of the Terms of Service. You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Service or create a GasBuddy account. Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE.
Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and GasBuddy have against each other are resolved (see Section 14 (Limitation of Liability), Section 19 (Choice of Law and Forum) and Section 20 (Arbitration Agreement and Waiver of Class Action Remedies) below). It also contains an Agreement to Arbitrate (see Section 20(A)), which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with Section 20(D). Unless you opt-out: (A) you will only be permitted to pursue claims against GasBuddy on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- Amendments. We may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we will also notify you of material changes to these Terms of Service by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms of Service. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period by contacting us at firstname.lastname@example.org, or by postal mail at 9737 Washingtonian Blvd., Suite 200, Gaithersburg, MD 20878 Attn: GasBuddy Customer Service, and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
- GasBuddy Accounts and Registration. You can visit and browse the Service without creating a GasBuddy account, but you will not be able to access some features of the Service unless you create a GasBuddy account. You can create a GasBuddy account either by directly registering through the Service or by logging in to the Service through your account on Facebook, or other compatible social media platforms (each, a “Social Media Service”). By creating an GasBuddy account you represent that you are: [(i) at least eighteen (18) years old; (ii) of legal age to form a binding contract]; and (iii) not barred from using the Service under the laws of the United States or another jurisdiction.
- Creating an Account Directly through the Service. If you choose to create an GasBuddy account directly through the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, or if GasBuddy has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, GasBuddy may suspend or terminate your account and refuse to allow you to use the Service at any time.
- Termination of Your Account. You may terminate your account at any time by contacting us at email@example.com. If you terminate your account you will still be able to access and view the Sites, but you will not have access to any of the customized features and content that are available to registered users of the Service. We may also terminate your account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.
- Ownership of the Service. Except for User Content (as described below in Section 7), you agree that GasBuddy and its licensors or partners own all rights, title and interest in the Service and all materials provided by us in connection with the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographs, (the “GasBuddy Content”), and all intellectual property rights related to the GasBuddy Content. You may not (and you may not allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service. The GasBuddy name, logo and symbols and related names are trademarks and service marks of GasBuddy (the “GasBuddy Marks”). You agree not to display or otherwise use any GasBuddy Marks without GasBuddy’s prior written consent.
- User Content.
- Responsibility for User Content. If you have a GasBuddy account you will be able to post content to the Service including comments, data, text, photographs, graphics, messages, tags, images, illustrations, or other materials (“User Content”). You, and not GasBuddy, will be solely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the Service, and other users of the Service, and not GasBuddy, are similarly responsible for the User Content that they upload, post, e-mail, transmit or otherwise make available through the Service. By posting User Content on the Service, you agree to assume full responsibility for the applicable User Content and represent that: (i) you are the sole owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and/or releases necessary to make your User Content available through the Service and to grant to GasBuddy the rights to your User Content described in these Terms of Service, (ii) the User Content does not and will not infringe the rights of any third party, including any intellectual property rights, publicity rights or rights of privacy, and (iii) all of your User Content and other information that you provide to us is truthful and accurate. Please remember that the Service is a public platform and that other users of the Service may search for, see and/or use any User Content that you make publicly available through the Service. GasBuddy has the right, but not the obligation, to pre-screen, refuse or remove any User Content that violates these Terms of Service or that it otherwise deems objectionable, such as, but not limited to the use of profanity, racism, hateful comments or sexual connotation. Should your account or your User Content be removed from the Service, GasBuddy reserves the right to retain your User Content for backup, archival, or audit purposes.
- Content on the Service. GasBuddy is an Internet Service Provider and does not assume any duty to monitor the Service for inappropriate or unlawful User Content. GasBuddy is not responsible for, nor does GasBuddy necessarily hold the opinions expressed by, User Content. Opinions and other statements expressed by users of the Service are theirs alone. Users are fully responsible for the accuracy and completeness of the User Content that they contribute to the Service. GasBuddy does not endorse, guarantee, or assume any responsibility, obligation or liability relating to the applicable User Content, including, but not limited to, liability for third-party claims against users of the Service for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
- GasBuddy ’s Rights in User Content; Gas Data. GasBuddy does not claim ownership of your User Content. However, you grant GasBuddy a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display your User Content and to incorporate your User Content into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in your User Content in any media known now or in the future in connection with the Service, all without compensation to you. You understand that the technical processing and transmission of data associated with the Service, including your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to conform and adapt to technical requirements of connecting networks or devices. If, and to the extent, a User inputs retail gas price data (the “Gas Data”) into the Service, such User grants GasBuddy a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display the Gas Data and to incorporate the Gas Data into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in the Gas Data in any media known now or in the future in connection with the Service, all without compensation to you. You release GasBuddy from and against any and all claims of any kind which you may have against GasBuddy in connection with such use of User Content and Gas Data as described herein, including, but not limited to, those based on rights of publicity or privacy. If you purchase Gas Data via the Service or through www.gaspricedata.com you are granted a limited, non-exclusive, non-assignable, non-transferrable license to use the Gas Data for your own use and you may not otherwise distribute, transfer or sell any part of the Gas Data to third parties.
- Prohibited User Content. While using the Service, you agree that you will not upload, post, e-mail, transmit or otherwise make available any User Content that:
Prohibited User Conduct. While using the Service, you agree not to engage in any of the following prohibited activities:
- is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable;
- creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
- seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or
- infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
User Feedback. GasBuddy welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, the Service or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Service, or through any other communication with GasBuddy, you acknowledge and agree that: (A) the suggestions or feedback you provide will not contain confidential or proprietary information; (B) GasBuddy is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (C) GasBuddy shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide; (D) GasBuddy may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (E) the suggestions and feedback you provide will automatically become the property of GasBuddy without any obligation of GasBuddy to you and you hereby assign all of your rights in the suggestions and feedback to GasBuddy; (F) you are not entitled to any compensation or reimbursement of any kind from GasBuddy under any circumstances, and (G) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Service or to GasBuddy.
Links to Other Websites. The Service may contain links to third party websites, resources or data, and other users of the Service may post links to third party websites, resources or data. You acknowledge and agree that GasBuddy is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services or other materials on or available through these websites or resources, including payment or delivery of such goods or services from these websites. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources or data. Links to third party websites on the Service are not intended as endorsements or referrals by GasBuddy of any products, services or information contained on the applicable websites. These Terms of Service do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites’ terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of third-party websites.
Disclaimer of Warranties. THE SERVICE, INCLUDING ALL GAS DATA, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GASBUDDY AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “GASBUDDY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE GASBUDDY PARTIES DO NOT WARRANT THAT THE SERVICE OR GAS DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
- use, display, mirror or frame the Service, any individual element within the Service, the GasBuddy name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
- access the Service by any means other than through the interface provided by GasBuddy and as otherwise expressly authorized under these Terms of Service;
- access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GasBuddy or any of our providers or any other third party (including another user) to protect the Service;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
- attempt to access or search the Service or scrape or download User Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GasBuddy or other generally available third party web browsers;
- send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- use any meta tags or other hidden text or metadata utilizing the Service or an GasBuddy trademark, logo, or URL without GasBuddy’s express written consent;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your account) or your access to or use of the Service;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;
- collect or store any personally identifiable information from other members of the Service without their express permission;
- stalk or otherwise harass another person or entity;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE GASBUDDY PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE GASBUDDY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A GASBUDDY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE GAS DATA.
Abusing GasBuddy. Please report problems, offensive content, and policy violations to us by sending us an email at firstname.lastname@example.org. We reserve the right, but have no obligation, to remove any User Content from the Service at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and user accounts, prohibit access to the Service, and its content, delay or remove hosted content, and take technical and legal steps to keep users from using the Service, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
Copyright Policy. GasBuddy respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Service. When sharing any content that is owned by third-parties, such as photographs, images, articles or links, you should credit the original source. GasBuddy is an internet service provider (ISP) and does not monitor the Site or other sharing tools for inappropriate or unlawful content.
GasBuddy does provide content owners with the ability to notify GasBuddy if they believe that their work has been used or shared in a way that constitutes copyright infringement. Copyright owners and their authorized agents may submit Digital Millennium Copyright Act (DMCA) notifications to GasBuddy as set forth below. When we receive a valid DMCA notification, we will take down the applicable material and take reasonable steps to notify the user who posted the material. If the affected user sends us a valid counter-notification, we will restore access to the material unless we receive notice from the copyright owner that it has filed suit seeking a court order to restrain the alleged infringement, in which case, pursuant to the DMCA, access to the material will not be restored absent a court order.
- Filing a Copyright Complaint. If you are a copyright owner or its agent and believe that any user content made available through the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing GasBuddy’s Copyright Agent (using the Copyright Agent contact information set forth below) with the following information in writing (pursuant to 17 U.S.C § 512(c)(3)):
- The physical or electronic signature of a 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 are covered by a single notification, a representative list of such works;
- 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 GasBuddy, the service provider, to locate the material;
- Information reasonably sufficient to permit GasBuddy, the service provider, to contact you, such as an address, telephone number, and, if available, an email address;
- A statement by you that you have 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, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must provide notification of claimed infringement to GasBuddy’s designated Copyright Agent by mail to Copyright Agent, Stephen W. McVearry, General Counsel, 9737 Washingtonian Blvd., Suite 200, Gaithersburg, MD 20878 or by email to email@example.com
. For clarity, only DMCA notifications should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to firstname.lastname@example.org
. You acknowledge that if you fail to comply with all of the requirements described in this DMCA Policy, your DMCA notification may not be valid.
If we receive a notification, we will send a copy of the notification to the user who posted the material addressed by your notification.
Responding to a Copyright Complaint with a Counter-Notice. If GasBuddy notifies you that your content has been removed based on a copyright claim submitted, and you believe your content was removed in error, you have the option to file a counter-notice. To file a counter-notice, you should respond to the notice that you received with the following information:
- Your physical or electronic signature;
- Your address, telephone number and e-mail address;
- The source address for your content that was removed;
- A statement under penalty of perjury that you have a good faith belief that your content was removed in error; and
- A statement that you consent to the jurisdiction of the Federal District Court for the Judicial District in which your address is located (or, if your address is outside of the United States, for any Judicial District in which GasBuddy may be found) and that you will accept service of process from the person who submitted the original copyright complaint or an agent of such person.
When we receive your counter-notice, we will forward a copy of it to the person who filed the original copyright claim. If we do not receive notice within ten (10) business days that such person is taking further action, we may restore your content.
Release. If you have a dispute with one or more other users of the Service, you agree to release the GasBuddy Parties from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and another user of the Service. In entering into this release you expressly waive any protections (whether statutory or otherwise), including California Civil Code Section 1542, that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
Indemnity. You agree to indemnify and hold the GasBuddy Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) your User Content; (B) your use of the Service; (C) your violation of these Terms of Service; or (D) your violation of any law rights of another party.
Choice of Law and Forum. The laws of the State of Maryland apply to these Terms of Service and to your relationship with the GasBuddy Parties, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Maryland. You consent to the exclusive jurisdiction of the federal or state courts located in Maryland.
Arbitration Agreement and Waiver of Class Remedies.
Special Provisions for Users Located Outside of the United States. GasBuddy’s policies and procedures are based on United States law. As a result, if you are using the Service from a country embargoed by the United States, or are on the United States Treasury Department's list of “Specially Designated Nationals,” you agree that you will not conduct any commercial activities using or through the Service.
Notices. Except as explicitly stated otherwise, legal notices shall be served on GasBuddy’s national registered agent (in the case of GasBuddy) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given twenty-four (24) hours after the email is sent.
Assignability. You may not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of GasBuddy. GasBuddy may assign or delegate any right or obligation under these Terms of Service, whether by operation of law or otherwise, without your consent.
Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
Entire Agreement. These Terms of Service (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms of Service: Section 8 (GasBuddy’s Rights in User Content), Section 14 (Limitation of Liability), Section 17 (Release), Section 18 (Indemnity) and Section 19 (Choice of Law and Forum), and Section 20 (Arbitration Agreement and Waiver of Class Action Remedies).
No Oral Modifications. Employees of the GasBuddy Parties are not authorized to modify the terms of these Terms of Service, either verbally or in writing. If any employee of the GasBuddy Parties offers to modify these Terms of Service, he or she is not acting as an agent for the GasBuddy Parties or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the GasBuddy Parties or anyone else purporting to act on our behalf.
Third Party Beneficiaries. These Terms of Service are between you and GasBuddy. There are no third party beneficiaries.
Independent Contractor. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at email@example.com or by postal mail at 9737 Washingtonian Blvd., Suite 200, Gaithersburg, MD 20878 Attn: GasBuddy Customer Service.
- Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception - Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out to the following address: 9737 Washingtonian Blvd., Suite 200, Gaithersburg, MD 20878 Attn: General Counsel. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.