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These Halo.car Terms of Service (“Terms”) apply to the use of the Halo.car website and platform (“Platform”) for the rental of vehicles (“Vehicles”) (collectively the “Halo Services”). The Platform and Halo Services are provided by Urban Robotics, Inc. (“Halo”, “we”, “us” or “our”), and these Terms represent a binding agreement between you as the user of the Platform and Halo Services (“you”, “your” or “user”) and Halo.
NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 16 BELOW BEFORE USING THE HALO SERVICES. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HALO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Halo Services enable Users to use the Platform to order and rent Vehicles that are delivered to the User’s designated location using remote piloting technology.
2. Additional Terms and Policies/Vehicle Rental Contract
We may from time to time modify, amend or vary these Terms (collectively, “Modifications”). Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use this Platform and Halo Services, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use of the Platform and Halo Services. You further understand and agree that we may change or discontinue the Platform and Halo Services or change or remove functionality of the Platform and Halo Services at any time at our sole discretion.
4. Text Messaging/Electronic Communications
By using the Halo Services, you consent to receiving electronic communications from us. These communications may include legal notices about your Account and information concerning or related to the Halo Services and your rental of Vehicles. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You further consent to us sending you text/SMS messages to your mobile phone number and emails to your email address regarding your Account, the Halo Services and your rental of Vehicles. Such text/SMS messages may relate to the delivery and return of your Vehicles. You are responsible for monitoring your mobile phone/email account for such notices.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Halo Services, including without limitation any SMS / text messaging fees, data charges, and other fees.
5. Eligibility and Registration
You must be at least 25 years of age to use the Halo Services. You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Additional requirements must be met to rent a Vehicle from us as detailed in the Vehicle Rental Terms. You can register to use the Halo Services offered through the Platform by completing our registration form and creating an account (“Account”). We collect your name, address, email address, mobile phone number, driver’s license, insurance policy provider and policy number, and credit card number (expiration date and CVV code) for payment of rental fees and other charges. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to date Account information, including having a valid credit card on file, may result in your inability to access and use the Halo Services, the termination of these Term with you, and the cancellation of any applicable insurance or loss damage waiver coverage for a Vehicle, whether complimentary or purchased.
6. Use of Platform
Provided you are in compliance with these Terms, Halo hereby grants you a non-exclusive, non-transferable, revocable license for your personal non-commercial use to access and use the Platform to order Halo Services and order the rental of Vehicles (“User License”). All other rights in the Platform are reserved by Halo. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
You agree not to (i) modify, adapt or translate the Platform or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the Platform; (iii) modify, translate or prepare derivative works of the Platform, or any portion thereof; (iv) make any commercial use of the Platform; or (v) rent, lease, distribute or lend the Platform to third parties.
7. Intellectual Property
”Halo”, “Halo.car” and associated logos are the trademarks of Urban Robotics, Inc. (“Halo Trademarks”). The Platform and its contents (“Platform Content”) are owned by Urban Robotics, Inc. Other trademarks, service marks, graphics and logos used in connection with the Platform are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Halo Trademarks, Platform Content and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Halo or the applicable trademark holder. The Platform and Platform Content are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to Halo and its licensors.
8. User Content
The Platform may contain features that allow you to post or provide comments, photos, videos or other content (collectively, “User Content”). You retain the right to your User Content. However, you grant to Halo the worldwide, perpetual, irrevocable, fully transferable and royalty-free right and license to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, make derivative works, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public.
9. Prohibited Uses
You agree not to use the Platform or Halo Services in any way, provide User Content or engage in any conduct that:
We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including without limitation Section 16. In addition, we reserve the right at our sole discretion to terminate any user’s access to the Platform and our service if they violate this Section 16 or any other provision of these Terms.
10. Third Party Links
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Halo, and its parent company, affiliates, officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorney’s fees) arising from your use of the Platform, the Vehicle or breach of these Terms, including, but not limited to, any claims for damage to, loss or theft of the Vehicle, or any claims for property damage, personal injury or wrongful death resulting from your driving or other use of the Vehicle.
12. Disclaimer of Warranties
You assume all risks of using the Platform, Halo Services and Vehicles. We provide the Platform, Halo Services and Vehicles on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Halo does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the Platform or Halo Services or Vehicles. To the fullest extent permitted by applicable law, Halo hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the Platform or Halo Services or Vehicles are of satisfactory quality, non-infringing, free of defects, or able to operate on an uninterrupted basis, or that the use of the Platform or Halo Services or Vehicles by you is in compliance with laws or that any information that you transmit in connection with the Platform or Halo Services or Vehicles will be successfully, accurately or securely transmitted.
13. Limitation of Liability/Waiver
Notwithstanding the failure of essential purpose of any limited remedy of any kind, to the maximum extent permitted by law, neither Halo nor any of the indemnitees are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the Platform, Vehicles or Halo Services, and/or any linked website, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to the platform or halo services is to stop using the Platform or Halo Services, as applicable.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Indemnitees’ liability arising under or in connection with these Terms and your use of the Platform, Vehicles and Halo Services exceed $100.
To the maximum extent permitted by applicable law, you waive any and all rights you have to bring any claim or litigation against Halo for any damages or losses arising out of or in connection with your use of a vehicle that you rented through the Halo Services including, without limitation, a vehicle not being available, any breakdown, malfunction of or deficiency in a vehicle, any breach of warranty or other obligation by any car manufacturer or other third party, any personal injury or property damage suffered by you or any of your passengers.
If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
14. Governing Law/Period For Bringing Claim
These Terms shall be governed by the laws of the State of Nevada without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of Las Vegas, Nevada with regard to any dispute arising out of or relating to these Terms. You agree that you must bring any legal action regarding any claim relating to the Platform, Halo Services or these Terms within one (1) year of the date that claim arose.
15. Arbitration Provision
Unless you opt-out as set forth below, you and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the Platform will be determined by mandatory binding individual (not class) arbitration. You and Halo further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and Halo both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Provision doesn’t stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
YOU AND HALO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Halo agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. 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.
Either you or we may start arbitration proceedings. Any arbitration between you and Halo will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Halo agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or Halo may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, Halo will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. The parties will share equally in paying arbitration fees, including arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
You can opt-out of this Arbitration Provision by sending written notice of your opt-out to email@example.com within thirty (30) of creating an Account or accessing or using the Platform, whichever occurs first.
If this Arbitration Provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this section shall govern any claim in court arising out of or related to the Agreement.
These Terms are effective unless and until terminated by either you or Halo. You may terminate these Terms at any time, provided that you discontinue any further use of the Platform and Halo Services. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Platform and associated Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Platform. Upon any termination of the Terms by either you or us, you must promptly uninstall the Platform and cease using the Services.
Sections , 1-5, and 7-20 and claims for payments due from you shall survive termination of these Terms.
17. Intellectual Property Claims
We respect the intellectual property rights of others and require that users of our Platform and Halo Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: AJ Talt, firstname.lastname@example.org
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Platform and Services who is the subject of repeated DMCA or other infringement notifications.
19. Contact Us
If you have any questions regarding our Platform or Halo Services, you can email us at email@example.com.