PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.
THE USER TERMS ARE INTENDED FOR ALL USERS OF THE HARESHARE SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE, THOSE WHO DOWNLOAD THE MOBILE APPLICATION[ AND THOSE WHO REGISTER AN ACCOUNT]. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
HareShare Service Overview
The HareShare Service is a community-based ride-sharing service that enables busy parents to leverage their personal networks and coordinate transportation for their children. Parents select drivers from their own contacts based on personal relationships or recommendations from friends and neighbors. Parents can communicate with each other through the mobile application to coordinate transportation for their children and may pay drivers through tools provided through the HareShare mobile application, where applicable. Please note: HareShare solely provides a platform and venue for these interactions and transactions between parents and their network of drivers. HareShare does not conduct background checks or otherwise screen users of the HareShare Service, including any drivers, and makes no warranties or guarantees concerning the correctness, completeness or accuracy of any user-submitted information or data. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy and suitability of any drivers selected through the HareShare Service.
Registration for HareShare Service
Registration with the HareShare Service is subject to the following additional terms and conditions:
Eligibility: You are eligible to use this HareShare Service only if you are the age of 18 or older. By registering with the HareShare Service, you represent and warrant that you are at least 18 years old and that all registration information you submit, including, without limitation, your first and last name, telephone number, e-mail address, profile image, billing address, and credit card or financial account payment information, is completely accurate and truthful. HareShare may, in our sole discretion, refuse to offer access to or use of the HareShare Service to you and change the eligibility criteria at any time. The foregoing is void where prohibited by law and the right to access the HareShare Service is revoked in such jurisdictions. If you reside in a jurisdiction that restricts the use of the HareShare Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the HareShare Service. By registering, you represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the HareShare Service.
Young User Usage: The HareShare Service is solely directed toward users at least 18 years of age or older. Any users of the HareShare mobile application who are under the age of thirteen (13) (a “Young User”), must have their parent or legal guardian (a “Parent Registered User) register to use the HareShare Services, using the Parent Registered User’s name, email, and credit card information, and consent to a Young Users use of any aspect of the HareShare Services. Parent Registered Users are responsible for updating the settings of and terminating their account and monitoring use of the HareShare Services by the applicable Young User. For purposes of these User Terms, Parent Registered Users and their Young Users are deemed to be Users as used in these User Terms. By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept these User Terms and any applicable additional terms in their entirety on behalf of yourself and your Young User whether or not you use any of the HareShare Services. You further understand and agree that you will ensure your Young User’s compliance with these User Terms and that you are responsible for any noncompliance by your Young User.
If you are a Parent Registered User, you also agree that you are responsible for monitoring the account of your Young User as well as your Young User’s activities both within and without the HareShare Service, including monitoring who your Young User communicates or interacts with via the HareShare Services. When a Young User turns eighteen (18) years old, the Parent Registered User may transfer the account to their child who has now reached the age of majority, by changing the account name, email address, and credit card number on file in the account, if they so wish.
Parents may submit information about their children through the HareShare Service for purposes of setting up trip information and the HareShare mobile application may access user information (including that relating to the location/pickup information for rides for their children. If a parent or guardian believes that a Younger User has submitted any personal information to HareShare via the HareShare Service without such parent/guardian’s consent, please contact HareShare at firstname.lastname@example.org.
Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify HareShare of any unauthorized use of your password or any breach of security. You also agree that HareShare shall not be liable for any loss or damage arising from your failure to keep your password secure.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in these User Terms as well as all other operating rules, policies and procedures that may be published from time to time on this web page by HareShare, each of which is incorporated herein by reference and each of which may be updated by HareShare from time to time without notice to you.
Your Use of the HareShare Service
By using the HareShare Service, you agree to the following restrictions on your use of the HareShare Service:
You warrant that the information you provide to HareShare is accurate and complete. HareShare is entitled at all times to verify the information that you have provided and to refuse the HareShare Service to you without providing reasons.
You may only access the HareShare Service using authorized means. HareShare is not liable if you do not have a compatible mobile device or computer. HareShare reserves the right to terminate the HareShare Service should you attempt to access the HareShare Service with an incompatible or unauthorized device or computer.
You will only use the HareShare Service for your sole, personal use and will not resell it to a third party;
You will not authorize others to use your account, unless it is your child acting under your supervision and control;
You will not assign or otherwise transfer your account to any other person or legal entity (except for your child after they reach the age of 18);
You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
You will not use the HareShare Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the HareShare Service to cause nuisance, annoyance or inconvenience, including by making multiple requests of the same trip to the same user in a short time;
You will not try to harm the HareShare Service or impair the proper operation of the related network, platform or application in any way whatsoever;
You will not copy, or distribute the HareShare Service or any portion or feature thereof without advance written permission from HareShare;
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
You will provide us with whatever proof of identity we may reasonably request;
You will only use an access point or 3G/4G data account (AP) which you are authorized to use;
You warrant that you have the right, or have obtained the necessary third-party consents, to submit any content that you provide.
You warrant that any content that you provide is neither offensive nor harassing and does not infringe on the intellectual property rights of any person or entity, including, without limitation, copyrights, trademarks, rights of privacy or publicity, or moral rights.
You will not use the Service with an incompatible or unauthorized device or computer; and
You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Service.
HareShare reserves the right to immediately terminate the HareShare Service should you not comply with any of the foregoing. The foregoing list is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under the User Terms.
No Agent or Broker Relationship
The HareShare Service provides tools for its users. While HareShare facilitates the transaction between users, HareShare is not directly involved in or otherwise a party to any transactions that may take place between users (namely, parents and drivers). HareShare is not broker, agent, financial institution, creditor, insurer for any user. HareShare has no control over the conduct of, or any information provided by any user (be they driver or parent), and HareShare hereby disclaims all liability in this regard. HareShare does not and cannot verify the information that users provide.
By using the HareShare Service, you agree that you shall defend, indemnify and hold HareShare, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the HareShare Service. The foregoing indemnity encompasses actions taken by you and any Young User who utilizing your account in any form or fashion.
BY USING THE HARESHARE SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT HARESHARE AND ITS AFFILIATES, ITS LICENSORS, AND EACH OF THEIR OFFICERS, DIRECTORS, INVESTORS, SHAREHOLDERS, OTHER USERS, EMPLOYEES, ATTORNEYS AND AGENTS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (A) ANY CHANGES WHICH WE MAY MAKE TO THE HARESHARE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE HARESHARE SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE HARESHARE SERVICE), (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE HARESHARE SERVICE, (C) YOUR FAILURE TO PROVIDE HARESHARE WITH ACCURATE ACCOUNT INFORMATION, (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (E) YOUR USE OR MISUSE OF THE HARESHARE SERVICE, (F) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (G) HYPERLINKS TO WEBSITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN HARESHARE. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Any information, recommendations and/or services provided to you on or through the HareShare Service is for general informational purposes only and does not constitute advice. HareShare does not guarantee continuous, uninterrupted access to the HareShare Service. Although HareShare attempts to maintain the integrity and accuracy of the information accessible through the HareShare Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the HareShare Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the HareShare Service by other users or third parties without HareShare’s knowledge. HareShare cannot and does not guarantee that (the contents of) the HareShare Services (including the HareShare website) are free of errors, defects, malware and viruses.
Although each user must agree to these User Terms, HareShare cannot guarantee that each user is at least the required minimum age, nor does HareShare accept responsibility or liability for any content, communication or other use or access of the HareShare Service by persons under the age of 14 in violation of the User Terms. It is also possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the HareShare Service and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you via your use of the HareShare Service. These individuals may use your information for purposes other than what you intended. HareShare is not responsible for the use of any personal information that you disclose on the HareShare Service. Please carefully select the type of information that you post on the HareShare Service or release to others.
HareShare DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE HARESHARE SERVICE OR OTHERWISE.
HARESHARE AND ITS AFFILIATES PROVIDE THE HARESHARE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE HARESHARE SERVICE IS AT YOUR SOLE RISK AND THAT HARESHARE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE HARESHARE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE HARESHARE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE HARESHARE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE SITE WILL BE CORRECTED. HARESHARE AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HARESHARE OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Third Party Interactions
Termination of the Agreement
The agreement between HareShare and you embodied by these User Terms may be terminated at any time.
If you wish to close your account, please send an email to email@example.com with “Account Termination Request” in the subject line. The request must be received from the same email that we have registered for your account and should specify the account email and the full name of the account holder.
HareShare is entitled to terminate the Agreement embodied by these User Terms at any time and with immediate effect (including by disabling your use of the HareShare Service). HareShare is not obliged to give notice of the termination of the Agreement in advance. After termination, HareShare will give notice thereof if required by these User Terms.
Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Modification of the HareShare Service and User Terms
HareShare reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the HareShare Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you notice through the HareShare Service or via email. HareShare may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
HareShare may give notice by means of a general notice on the HareShare Service or by electronic mail to your email address on record in HareShare’s account information, or by written communication sent by regular mail to your address on record in HareShare’s account information.
You agree that HareShare may send you email notifications from time to time as may pertain to your account. If we send you an email notification, that email will be considered to have been received by you within 24 hours from the time we email it to you.
License Grant, Restrictions and Copyright Policy
For the purpose of these User Terms, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the HareShare mobile application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“HareShare Content” means Content owned or used by HareShare, its affiliates or licensors and made available through the HareShare Service (including the HareShare website and HareShare mobile application), including any Content licensed from a third party, but excluding User Content.
“User Content” means Content that a HareShare User (or that of a Younger User utilizing his or her parent or guardian’s account) posts, uploads, publishes, submits or transmits to or through the HareShare Service (including the HareShare website and mobile application).
“Collective Content” means, collectively, HareShare Content and User Content.
Subject to your compliance with these User Terms, HareShare grants you a limited, non-exclusive, non-transferable license:
(i) to view, download and print any HareShare Content solely for your personal and non-commercial purposes; and
(ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the HareShare Service or Collective Content, except as expressly permitted in these User Terms. You may not reuse any HareShare Content without first obtaining the written consent of HareShare. You may not reuse any User Content that was created and/or originated from another User. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HareShare or its licensors, except for the licenses and rights expressly granted in these User Terms.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the HareShare Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, HareShare shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that HareShare only acts as a platform for the display and distribution of any User Content and is not responsible or liable to you or to any third party for the content or accuracy of User Content. HareShare does not continuously monitor User Content published by you or moderate between users and HareShare is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of HareShare.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to defend, indemnify and hold harmless HareShare, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by HareShare or its affiliated companies related to any User Content posted or transmitted by you or your other use of the HareShare Service.
HareShare reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which HareShare believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to HareShare.
You agree to promptly notify HareShare in writing of any User Content which breaches these User Terms. You agree to provide to HareShare sufficient information to enable HareShare to investigate whether such User Content breaches these User Terms. HareShare agrees to make good faith efforts to investigate such complaint and shall take such action as HareShare in its sole discretion decides. However, HareShare does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about the HareShare Service. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our website and mobile application at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the HareShare Service, including the HareShare website or mobile application, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.
HareShare respects copyright law and expects its users to do the same. It is HareShare’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. All users of the HareShare Service represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material via the HareShare Service (including its website) constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that HareShare is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by e-mail or regular mail, setting forth the following:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Detailed identification of the copyrighted work claimed to have been infringed;
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;
Your contact information, including your address, telephone number, and 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 that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright Infringement Notifications should be addressed to: 43 Donovan, Irvine, CA, 92620.
Intellectual Property Rights
HareShare (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the HareShare Service (including the HareShare website) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the HareShare Service, excluding User Content.
All third-party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the HareShare Service are the property of the respective third parties, including the respective Content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to HareShare to enforce any of your rights in relation thereto. Except as expressly set forth in these User Terms or otherwise expressly granted to you in writing by HareShare, no rights (either by implication, estoppel or otherwise) in or to the HareShare Service or their contents are granted to you.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the HareShare Service or any intellectual property rights owned by HareShare. HareShare’s name, logo, and the product names associated with the HareShare Service are trademarks of L, its affiliated companies or third parties, and no right or license is granted to use them.
Assignment of Rights
You may not transfer, assign, sub-license, or pledge in any manner whatsoever any of your rights or obligations under these Terms. HareShare may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with HareShare, any services offered via the HareShare Service, including the use of our website or mobile application. Please read this section carefully. Our Customer Service Department, which you can reach at support@HareShare.co or (949) 788-1696, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
A&L Mobile, Inc.
Attention: Notice of Dispute
Irvine, CA 92620
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the HareShare Service, any goods offered or purchased from us, any transaction or relationship between us resulting from your use of the HareShare Service or purchase of any goods from us, communications between us, the purchase/order/use of goods from the HareShare Service, or this Agreement – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here https://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2026862. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/aaa/faces/rules/formsearch and selecting the form “Demand for Arbitration: Consumer Arbitration Rules”. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here http://www.lacourt.org/division/smallclaims/smallclaims.aspx] However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.
Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Notice for Users in California
This notice is for users of the HareShare Service residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
You may not assign these User Terms without the prior written approval of HareShare. Any purported assignment in violation of this section shall be void. HareShare reserves the right to use third party providers in the provision of the HareShare Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these User Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by HareShare
We appreciate your business and thank you for using HareShare. If you have any questions about this Agreement or our site in general, please contact us at firstname.lastname@example.org, Notices or correspondence to HareShare may be sent to:
A&L Mobile, Inc. (dba HareShare)
Irvine, CA 92620