Motor Breeze Terms of Service
Last Updated: March 6, 2017
WELCOME TO MOTORBREEZE
These terms apply to your access and use of the MotorBreeze website located at www.motorbreeze.com, the MotorBreeze mobile application, as well as the services, information, and other materials available on or through the website (such services, information, other materials, and the website itself shall be referred to collectively as the “Site”), and constitute a legally binding agreement between you and Motor Breeze, Inc. (“MotorBreeze”, “we”, “us”, or “our”). By accessing or otherwise using this Site or its services, you agree to comply with and be legally bound by these terms of service, as well as any other terms, conditions, notices, disclaimers, and restrictions posted on the Site (collectively, the “Terms”).
We created this Site to provide information and services that help users with the process of researching, buying and leasing vehicles, such as connecting users with dealers engaged in the business of buying, selling, leasing and/or dealing in motor vehicles (collectively, the “Services”). If you do not wish to be bound by these Terms or if at any time you do not accept all of the Terms, you must immediately stop using this Site and its services. If you do not agree to these Terms, then you have no right to access or use this Site, our Services, or any other services made available through this Site. Your sole remedy for dissatisfaction with these Terms, this Site, or the Services, is to cease using the Site and/or the Services. You acknowledge and agree that by accessing or using our Site or Services, you are indicating that you have read, understand, and agree to be bound by the terms and conditions contained herein. In the event you are accessing or using this Site or Services on behalf of a third party (such as a company, third party entity, or other individual), you represent and warrant that you have the authority to bind such third party to these Terms and, in such event, “you” and “your” will also refer and apply to that third party.
TRANSACTIONS WITH THIRD PARTIES
Although we may help in facilitating a transaction between you and a dealer, we do not sell vehicles directly, nor do we manufacture or insure vehicles. We are not a party to any agreement that you may enter into with a dealer, seller, bank, or other financial institution for the purchase, sale or lease of a vehicle and we therefore have no control over the conduct of these third parties, or the products and services they may provide. As such, you acknowledge and agree that all purchase/sale and lease transactions of vehicles and their related products and services including, but not limited to, the purchase terms, payment terms, warranties, or guarantees of such transactions, are provided by third parties (and not MotorBreeze), and that such transactions and agreements are solely between you and the seller or lessor of such products/services. We disclaim all liability in this regard to the maximum extent permitted by law. If you enter into a transaction with any such third party, you acknowledge and agree that you act exclusively on your own behalf and for your own benefit, and not on behalf of us or for our benefit.
Before you proceed with any transaction including, but not limited to, the purchase/sale or lease of a vehicle, you should carefully review the information you received (such as, the prices, charges, payment(s), fees, taxes, lease term, lease end buyout, excess mileage charge, total allowed mileage, and actual mileage of the vehicle), which may be important in your decision and confirm such information with the applicable dealer or leasing company. We are not responsible for, and do not guarantee the performance of, any such third parties, their products, services, or information.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED WITH OR THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH THE PURCHASE/SALE OR LEASE OF A VEHICLE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
User Information. We designed this Site so that users interested in purchasing or leasing a vehicle can submit the information needed for us to help with the car-buying and car-leasing process. The Site also allows users to submit information about their vehicle and obtain a trade-in value from applicable dealers, to be used as part of the purchase or lease transaction. Such transactions involve the transmission of important information which may include, without limitation: your name, address, phone number, email address, vehicle specifications, and other personal and financial information (collectively, “User Information”), as well as credit applications, vehicle images, quotes, prices, services, and related products. We use and share the information we receive from users with the dealers or related third parties allowing them to review, approve or deny, and complete the purchase/sale or lease transaction. We are not responsible for verifying the accuracy of any User Information, nor do we endorse or approve of any vehicle that may be purchased or leased by you. Therefore, you agree that any information you supply, including User Information, will be accurate, complete, and in accordance with these Terms and all applicable laws and regulations. In the event you become aware of any error or inaccuracies, you further agree to immediately notify us.
Credit Verification. As part of our Services, we provide the information submitted by users to the applicable dealer(s). Using the information you provide, such as your financial history, we will be able to provide an estimate of the purchase or lease terms for the vehicle you are interested in. Upon your confirmation of such terms, the applicable dealer, bank or other financial institution, will obtain your consumer credit report and verify your credit history to confirm the terms for the purchase or lease of such vehicle. Consumer reports obtained in connection with credit transactions may be used by the applicable dealer, bank or financial institution for the extension of credit or for the review or collection of an account.
Purchase/Lease Terms. It is our goal to provide quality information and service to our users and we strive to work with reputable dealers who provide the same level of service as us. However, you acknowledge and agree that we cannot promise or guarantee specific results from your use of our Site or Services, or the services provided by any third party. We do not review the purchase, sale or lease terms of every offer made by dealers to our users, nor do we endorse or guarantee the accuracy of such offers. As such, you are responsible for reviewing any offer(s) made by the dealers and we recommend that you carefully review the terms of all such offer(s).
Payment. We do not charge you for your use of the Services and this Site does not process payments or take payment processing information. If you choose to enter into a transaction (i.e. purchase or lease a vehicle), you agree that the terms of such transaction, the resulting charges incurred by your purchase or lease, and your payment(s) of such charges, are between you and the party you purchase or lease the vehicle from. Please note that in addition to the amount(s) due for your purchase or lease of a vehicle, you may also be responsible for the payment of additional costs or fees, such as registration and sales taxes, inspection costs, transportation charges, and disposition fees, all of which are typically included in the terms of your agreement with the applicable dealer. It is also important to note that any estimated purchase or lease terms that we may provide to you does not guarantee that you will obtain approval from the dealer or finance company to purchase or lease a vehicle on those terms. All purchase and lease transactions require the approval of the applicable dealer, bank or other financial institution who you ultimately transact with.
CONDITIONS OF USE
User Content. Users may post, upload, publish, submit, or transmit text, images, communications, information and other materials including, but not limited to, reviews and comments (“User Content”) on or through the Site and/or to MotorBreeze. Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any User Content you post or transmit. By posting, uploading, publishing, submitting, or transmitting any User Content on or through the Site or to MotorBreeze, you are representing that you own such User Content (or that you have the explicit consent to do so by the owner of such User Content) and you agree that you will not post comments, messages, links, code, User Content, or other information that: (1) is or may be considered unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (5) contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party; (6) breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other networks or servers on this Site; or (7) impersonates any person or entity.
Representations and Warranties. By accessing or using the Site or Services, you represent and warrant that: (1) You will comply at all times with these Terms and all applicable laws, rules and regulations in your use of the Site, our Services, and/or your use or disclosure of any data, information or content you submit to or receive from MotorBreeze or the Site; (2) You will not use the Site for any purpose which is improper, unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or which violates these Terms; (3) You will not, nor will you permit any others to (a) copy or duplicate the Site or any part thereof, (b) engage in any reverse engineering or (c) use the MotorBreeze name, URL, trademarks, server, or other materials in connection with, or to transmit, any “spam”; (4) Any transmission of data from your computer equipment or system will be free from (a) intentionally injurious instructions (e.g. “viruses”) designed to modify, damage, delete or disable the Site or any applications thereon; (b) any hidden passwords that permit unauthorized access to the data or the Site, or (c) any embedded code that could trigger, shut down or disable the Site; (5) You have obtained all necessary licenses, releases and consents to grant the rights set forth herein; and (6) You have all authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to use the Site or Services, and to perform your obligations hereunder.
Third-Party Sites. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such websites may contain information, material or policies that some may find inappropriate or personally objectionable. Such other websites are not operated by us and we therefore cannot guarantee the terms, quality, pricing, reliability or performance of the products or services provided by these third parties. You understand that we are not responsible for the products or services these third parties may offer or provide, or for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided by us merely as a convenience to you and does not imply our endorsement of, or association with, the websites, products, or services offered by these third parties, or any warranty of any kind, either express or implied. As such, you release MotorBreeze and its affiliates from any damages that you may incur, and agree not to assert any claims against MotorBreeze, arising from your purchase or use of any products or services provided by such third parties.
MotorBreeze Content. You acknowledge and agree that except for any User Content, all text, graphics, images, logos, music, software, audio, video, data, software, communications, information, materials or other content on the Site or made available through the Site or in our related marketing activities (collectively, “MotorBreeze Content”) is owned by or licensed to MotorBreeze and is protected by any and all intellectual property and/or other proprietary rights available within the United States. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of MotorBreeze, its affiliates or licensors. All other names and/or logos may are the property of their respective owners. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.
Limitations on Use of MotorBreeze Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any MotorBreeze Content in any form or by any means whatsoever without our prior written consent. Any unauthorized use of Site or the MotorBreeze Content is a violation of intellectual property and could result in criminal or civil penalties.
Feedback. You may submit feedback, suggestions or comments (“Feedback”) about the Site and we may in our sole discretion, incorporate some or all of such Feedback on or into the Site or Services. Notwithstanding anything to the contrary contained herein, to the extent that any portion of the Site are not deemed to be owned by us, you hereby assign all of your right, title and interest in the Site or any such Feedback to us. You will execute any such agreements or documents as may be reasonably necessary to accomplish the foregoing.
Infringement. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing MotorBreeze Content or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by MotorBreeze Content or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature.
Notice may be sent to by mail to MotorBreeze, Inc., Attn: DMCA Agent, 8004 NW 154th Street #359 Miami Lakes, FL 33016; or by email to: [email protected]
Counter-Notification. If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of federal district court in the federal district court in Miami-Dade County, Florida, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
5. Your physical or electronic signature.
Notice may be sent to by mail to MotorBreeze, Inc., Attn: DMCA Agent, 8004 NW 154th Street #359 Miami Lakes, FL 33016; or by email to: [email protected]
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
This Site is provided for informational purposes only. We aim to provide information that is useful as well as accurate, but technical or other mistakes, inaccuracies or typographical errors may appear from time to time. You understand and agree that temporary interruptions of the Site may occur due to events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that are used to provide the Services. You agree that the Services available on or through this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any information or other data.
THIS SITE AND THE SERVICES, CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE FROM US, OUR AFFILIATES, OR ANY THIRD PARTIES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE LIMITATIONS SET FORTH HEREIN MAY NOT APPLY TO YOU.
USE AT YOUR OWN RISK
YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE ON OR THROUGH THIS SITE. IF YOU USE OR RELY ON THIS SITE OR ANY SERVICES, INFORMATION, MATERIALS OR CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU ASSUME TOTAL RESPONSIBILITY.
RESERVATION OF RIGHTS
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THIS SITE, THE SERVICES, AND ANY INFORMATION PROVIDED ON OR THROUGH THIS SITE, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, AND WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING OR QUOTES REGARDING THE PURCHASE/SALE OR LEASE OF A VEHICLE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON YOUR USE OF THE SITE. ANY NEW FEATURES THAT CHANGE OR ENHANCE THE SITE OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MOTORBREEZE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SPONSORS, OR PARTNERS, BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA, GOODWILL, PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OR INABILITY TO USE THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, MESSAGES OR INFORMATION RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; (4) THE USE OF ANY STATEMENTS, INFORMATION, MATERIALS, OR CONDUCT OF ANY THIRD PARTY MADE ON OR TRANSMITTED THORUGH THE SITE OR SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR ANY PROMISES MADE BY THIRD PARTIES REGARDING OUR SITE, SERVICES OR CONTENT, OR FOR ASSISTANCE WE MAY PROVIDE TO YOU IN CONDUCTING YOUR COMMERCIAL TRANSACTIONS WITH ANY THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THE TRANSMISSION OR PROCESSING OF INFORMATION RELATING TO A TRANSACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold MotorBreeze and its subsidiaries, affiliates, and the respective officers, directors, agents, partners, sponsors, employees and independent contractors of each harmless, from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to the content, data, materials or information you submit, post to or transmit to or through the Site, your use of the Site or Services, or reliance upon any Content or information provided through the Site, your violation of these Terms, your use or disclosure of any Content, data, materials or information received through the Site, your negligence, omissions or misconduct, your violation of any rights of another party, or your participation in or conducting of any transaction (or failure to conduct or complete a transaction) through the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MOTORBREEZE HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that all claims or disputes at law or equity that have arisen or may arise between you and MotorBreeze relating in any way to or arising out of these Terms, your use of or access to this Site or Services, or any products or services sold, purchased, or made available through the Services or this Site, will be resolved in accordance with this section.
Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and MotorBreeze.
Agreement to Arbitrate. You and MotorBreeze each agree that any and all disputes or claims that have arisen or may arise between you and MotorBreeze relating in any way to or arising out of these Terms of Service or previous versions of these Terms of Service, your use of or access to this Site, its Services, or any products or services sold, offered, or purchased through the Site shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND MOTORBREEZE EACH AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND MOTORBREEZE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and MotorBreeze’s right to appeal the court’s decision. All other claims will be arbitrated.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms of Service as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this agreement to arbitrate, or the interpretation of this agreement to arbitrate, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate. The AAA’s rules are available at www.adr.org. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, notice of dispute (“Notice of Dispute”). The Notice of Dispute shall be sent in accordance with the notice provision below. The Notice of Dispute must include a description of the nature and basis of the claims the party is asserting and the relief sought. If you and MotorBreeze are unable to resolve the claim(s) described in the Notice of Dispute within thirty (30) days after the Notice of Dispute is sent, you or MotorBreeze may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to MotorBreeze at MotorBreeze, Inc., Attn: LEGAL, 8004 NW 154th Street #359 Miami Lakes, FL 33016. In the event MotorBreeze initiates an arbitration against you, a copy of the completed form will be mailed to the address MotorBreeze has on file for you. Any settlement offer made by you or MotorBreeze shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Miami-Dade County or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or MotorBreeze may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and MotorBreeze, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or MotorBreeze may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same MotorBreeze user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate.
Judicial Forum for Legal Disputes. 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 claim or dispute that has arisen or may arise between you and MotorBreeze must be resolved exclusively by a state or federal court located in Miami-Dade County, Florida. You and MotorBreeze agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida, for the purpose of litigating all such claims or disputes.
Changes; Termination. We reserve the right to change these Terms at any time and from time to time with or without notice to you. In addition, we reserve the right to change, withdraw, suspend or discontinue at any time and from time to time the Services, the Content, the functionality or the features made available on or through the Site. Any such changes will be effective immediately upon posting on the Site. You acknowledge and agree that it is your responsibility to periodically review these Terms because they are binding on you. Your continued use of this Site and/or its Services after such modifications will constitute acknowledgement and acceptance of the modified Terms. You further agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, a breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site. Upon termination of your access to this Site and regardless of the reason(s) for such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent by email to [email protected], or to our address at MotorBreeze, Inc. 8004 NW 154th Street #359 Miami Lakes, FL 33016, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.