OPOLI TERMS OF SERVICE AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS OF SERVICE ON WHICH OPOLI TECHNOLOGY, INC. OFFERS YOU ACCESS TO THE OPOLI MOBILE APPLICATION, WEBSITE, AND SERVICES. Opoli Technology, Inc. welcomes you to the Opoli Terms of Service Agreement (the “Agreement”, “User Agreement”, or “Terms of Service”). We ask that you read the following which sets forth the legally binding terms and conditions for your use of the mobile application, website, and services of Opoli Technology, Inc. (collectively, the “OPOLI Platform”), a California corporation located at 4520 West Imperial Highway, Hawthorne, California 90304 (“OPOLI”, “we”, “us”, or “our”) and its subsidiaries and affiliates. By using the OPOLI Platform in any manner, including but not limited to viewing or using this site, you become a participant and user of the OPOLI Platform (a “Participant” or “User”), and acknowledge that you have read, understand, and agree to be bound by this Agreement, including any additional terms and conditions referenced herein and/or incorporated by reference. This Agreement applies to all Users of the OPOLI Platform.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT USE, ACCESS, OR REGISTER FOR THE OPOLI PLATFORM. We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting of an updated version of this Agreement on the OPOLI Platform. It is your responsibility to regularly review this Agreement. Your continued use of the OPOLI Platform after any such changes shall constitute your consent to such changes.
USE OF OPOLI PLATFORM AND SERVICES
The OPOLI Platform is an interactive technology platform that provides a mobile means to enable Participants seeking transportation or lodging to search for drivers or hotels and other lodging service providers (such technology services, the “Services”).
SEARCHING FOR DRIVERS ON THE OPOLI PLATFORM
OPOLI does not provide transportation services, and OPOLI is not a transportation carrier. It is up to the driver or vehicle operator to decide whether or not to offer a ride to a passenger contacted through the OPOLI Platform, and it is up to the passenger to decide whether or not to accept a ride from any driver contacted through the OPOLI Platform. Any decision by a User to offer or accept transportation once Participants are matched through the OPOLI Platform is a decision made in each Participant’s sole discretion. OPOLI offers information and a method to connect drivers and riders with each other, but does not and does not intend to provide transportation services or act in any manner as a transportation carrier. OPOLI has no responsibility or liability for any transportation services voluntarily provided to any passenger by any driver using the OPOLI Platform.
ELIGIBILITY FOR THE OPOLI PLATFORM
The OPOLI Services and OPOLI Platform are available only to, and may only be used by Users who can form binding contracts, and only in compliance with this Agreement and all applicable law, rules and regulations. Any use or access to the OPOLI Platform by anyone under the age of 18 is strictly prohibited and in violation of this Agreement.
The OPOLI Platform and Services are not available to, or authorized for use by, any users temporarily or permanently removed from the OPOLI Platform, any users or parties acting on behalf of an organization or entity and not in his or her personal capacity, or any users accessing the OPOLI Platform for any purpose other than to seek hotel accommodations or participation in an actual ride for personal purposes, unless otherwise expressly authorized by OPOLI (such users, “Unauthorized Users”). Unauthorized Users are strictly prohibited from accessing or attempting to access, whether directly or indirectly, the OPOLI Platform. By becoming a Participant, you represent and warrant that you are at least 18 years old, and that you have the right, authority and capacity to enter into this Agreement and abide by its terms and conditions.
Upon registering for the OPOLI Platform, you will be the sole authorized User of your account. You are responsible for maintaining the confidentiality of any password(s) provided to access the OPOLI Platform or any Services. You are solely and fully responsible for all activity occurring under your account. By becoming a Participant, you acknowledge and agree that you may not authorize third parties to use your Account, and that you may not allow persons under the age of 18 to access or use the OPOLI Services unless they are accompanied by you. If you suspect any unauthorized use of your account or other breach of security, you agree to contact us immediately.
LICENSE TO OPOLI PLATFORM; RESTRICTIONS
OPOLI owns and retains ownership in the OPOLI Platform, and all intellectual property therein. Contingent on your compliance with these Terms of Service, OPOLI hereby grants you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable license to use the OPOLI Platform on any Android® device or any device utilizing software you acquire from the Apple® App Store™ (subject to the terms and conditions below), which you own or control, for your own personal use. This license does not allow you to use the OPOLI Platform on any device you do not own or control, and you may not distribute or make the OPOLI Platform available over a network where it could be used by multiple devices at the same time. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the OPOLI Platform, any updates, or any part thereof, except as expressly permitted by OPOLI. You acknowledge that any breach of this restriction may subject you to criminal and/or civil liability and damages.
You acknowledge that OPOLI may from time to time issue upgraded versions of the OPOLI mobile application, and may automatically electronically upgrade the version of the mobile application that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third party code that may be incorporated in the OPOLI Platform is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the OPOLI Platform or any part or copy thereof, and OPOLI and its third party partners or suppliers retain all right, title, and interest in the OPOLI Platform or any part or copy thereof. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. OPOLI reserves all rights not expressly granted under this Agreement.
The OPOLI Platform originates in the United States, and is subject to United States export laws and regulations. The OPOLI Platform may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the OPOLI Platform may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the OPOLI Platform and Services.
You agree that you will use the OPOLI Platform and Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but not the obligation, to investigate and terminate a User’s participation in the OPOLI Platform for engaging in any of the following prohibited activities (“Restricted Activities”): (a) impersonate any person or entity; (b) stalk or harass any person; (c) express or imply that any statements you make are endorsed by us, without our express, prior written consent; (d) use any robot, spider, search/retrieval application or any other manual or automated device or process to retrieve, index, mine, data mine, or in any other way reproduce or circumvent the navigational structure, presentation, or functionalities of the OPOLI Platform, the Services, or any content therein; (e) post, transmit, display, or otherwise communicate any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark, or other proprietary notice contained in the OPOLI Platform; (g) interfere with or disrupt the Services or the OPOLI Platform, including without limitation, any servers or networks connected thereto; (h) post or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to intercept or appropriate any system, data, or information, or interrupt, destroy or limit the functionality of any software, hardware, or equipment utilized by the OPOLI Platform; (i) forge or otherwise manipulate identifiers to disguise the origin of any information transmitted through the OPOLI Platform; (j) post, transmit, display, or otherwise communicate (i) any defamatory, threatening, obscene, profane, offensive, harassing, or otherwise unlawful information, (ii) any advertisement, solicitation, spam, chain letter, or other similar type of information, (iii) any encouragement of illegal activity, or (iv) unauthorized use or disclosure of private, personally identifiable information of yourself or other parties except as explicitly required for use of the Services; (k) create liability for us or cause us to become regulation as a transportation carrier or provider of taxi services; (l) use the OPOLI Platform in violation of applicable law or regulation; or (m) use the OPOLI Platform in harmful, fraudulent, or deceptive activities that may be harmful to OPOLI, Participants, or third parties.
DRIVERS AND PASSENGERS; FEES
The OPOLI Platform enables drivers and passengers to negotiate the applicable payments for a ride. If you are a User outside of California, the decision whether any payment be paid for a ride, and/or the amounts due for any such ride, is at the discretion of the relevant Users in such a transaction. It is the responsibility of each User, and NOT OPOLI, to determine whether and how much payment should be made between Users.
If you are a User within California, you acknowledge and agree that mandatory charges may apply to any ride. OPOLI reserves the right to determine pricing in any ride transaction.
Upon agreement by a driver and passenger of the applicable payment amount, payment shall be due immediately and is non-refundable. Information about your selected driver or passenger will be provided to you when you agree to accept a ride. All payments for rides shall be facilitated through OPOLI.
OPOLI shall charge an administrative fee of five percent (5%) (the “Administrative Fee”) for any payment made for a ride, whether made in, or outside of, California.
DRIVERS AND PASSENGERS; REFUNDS
The full amount agreed upon between a driver and passenger for a ride, including any Administrative Fee, shall be charged immediately following a passenger’s election of payment source (e.g. your credit card), and will be transferred, less the Administrative Fee, to the driver’s account. All payments made for rides are non-refundable, except in the event that a ride cannot be provided as intended by the applicable Users, or is cancelled by a User in accordance with these Terms of Service. This refund policy shall apply at all times regardless of a User’s decision to terminate usage of the OPOLI Platform or Services, OPOLI’s decision to terminate your participation in the OPOLI Platform or Services, disruption caused to the OPOLI Services that is planned, intentional, or accidental, or any other reason whatsoever within OPOLI’s sole discretion.
We understand that circumstances may arise which may change your travel plans. Please keep in mind that there is a credit card processing fee charged to us for all transactions whether or not the reservation gets canceled.
Customers who cancel more than 6 hours from the Pick-up time will be charged a non-refundable processing fee of $5 per reservation/leg to cover the credit card processing cost.
In another case, Customers who cancel less than 6 hours of the Pick-up time will be charged the full amount of the Total Fare.
In cases where your reservations is set to a “No-Show”, any refund will not be eligible.
Eligible refunds could take up to 30 days to process upon cancellation.
Please avoid canceling reservations less than 6 hours before the pickup time. Our driver partners have committed to servicing your reservation and have arranged their day to provide you with great on-time service.
DRIVERS AND PASSENGERS; DAMAGE FEES
In the event that a driver reports to OPOLI that a passenger has in any manner materially damaged the driver’s vehicle or other property following a ride to which you were a party, OPOLI may, in its sole discretion, charge you, and you agree to pay, a Damage Fee of $100 or $250 depending on the extent of the damage (as determined by OPOLI in its sole discretion), which shall constitute full payment for driver’s cost of repairing or cleaning the vehicle, or otherwise remediating the damage. The Damage Fee shall be transferred to driver. OPOLI reserves the right, but not the obligation, to verify or otherwise require documentation of damages prior to processing the Damage Fee.
DRIVERS AND PASSENGERS; PROMOTIONAL RATES
OPOLI, in its sole discretion, may make promotional offers with special rates to any Users. These promotional rates, unless made to you, shall have no bearing whatsoever on your offer or contract with another Participant. OPOLI may change the applicable Administrative Fee in its sole discretion.
PAYMENTS AND TAXES BY USERS
All information that you provide in connection with a monetary transaction through the OPOLI Platform must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a monetary transaction interaction through the OPOLI Platform at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such monetary transaction interactions. Each User that is a driver expressly agrees to pay any and all fees and applicable taxes relating to any payment such User may receive in connection with a ride provided through the Services.
PAYMENTS AND TAXES BY OPOLI
Unless otherwise agreed by the parties in writing, OPOLI shall remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. OPOLI reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending OPOLI’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes, without limitation, applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Services. If you dispute any payment made hereunder, you must notify OPOLI in writing within thirty (30) days of such payment. Failure to so notify OPOLI shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by OPOLI. No other measurements or statistics of any kind shall be accepted by OPOLI or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
ZERO TOLERANCE POLICY FOR DRIVERS
OPOLI HAS A ZERO TOLERANCE POLICY FOR THE USE OF ALCOHOL, ILLEGAL SUBSTANCES, MISUSE OF PRESCRIPTION MEDICATIONS AND OTHER INTOXICATING SUBSTANCES BY ANY DRIVER PROVIDING RIDE SERVICES THROUGH THE OPOLI PLATFORM.
If you are a passenger and reasonably suspect that a driver was under the influence of drugs or alcohol during the course of your ride, promptly contact OPOLI via the “Contact” function on the OPOLI app and/or the OPOLI website, or email us directly at firstname.lastname@example.org. In California, you may also file a complaint with the California Public Utilities Commission’s Passenger Section by phone at (800) 894-9444 and by email at CIU_intake@cpuc.ca.gov.
If we have received a zero-tolerance complaint about you as a driver, we will immediately suspend your account pending further investigation.
PASSENGER ACKNOWLEDGEMENTS AND AGREEMENTS
By using the OPOLI Platform and Services to find drivers, each User acting as a passenger agrees that such passenger shall solely use the OPOLI Platform and Services for personal, individual and ridesharing purposes only, according to applicable laws, and shall not use the Services outside the ridesharing and carpooling exemptions under applicable law or on behalf of any entity or organization. USE OF THE SERVICES FOR ANY COMMERCIAL, FOR-PROFIT, NON INDIVIDUAL OR NON RIDESHARING PURPOSES (AS DETERMINED BY OPOLI IN ITS SOLE AND ABSOLUTE JUDGMENT) UNLESS EXPRESSLY AUTHORIZED BY OPOLI IN WRITING SHALL RESULT IN IMMEDIATE TERMINATION OF A USER’S ACCOUNT. Each such User expressly acknowledges that OPOLI is solely a ridesharing exchange, and not a common carrier, transportation, dispatch, limousine, taxicab, or travel service.
Each such passenger, at passenger’s sole and voluntary discretion, may request and accept a ride offer from a driver through the OPOLI Platform and Services. Each such passenger understands that each driver (and not OPOLI or its affiliates) bears sole and absolute responsibility for all aspects of a ride, including safety, driving practices, conduct, as well as securing all required licenses, personal insurance, and registrations, and compliance with all applicable federal, state and local laws, rules, and regulations. Each such passenger acknowledges that a driver is not an employee or contractor of OPOLI, and that each driver bears the sole responsibility for the condition of a driver’s vehicle. By accepting a ride with a driver, each User agrees to comply with this Agreement. Each such passenger acknowledges that a driver is solely responsible for all aspects of a ride, including safety, punctuality, vehicle cleanliness, and conduct. Except as expressly provided otherwise herein, and to the maximum extent permissible by law, each such User agrees to look to the driver, and not to OPOLI, for any complaint, claim, or other issue that such User may have in connection with a ride; provided that OPOLI reserves the right, but not the obligation, to intervene and attempt to facilitate resolution of any unresolved dispute.
DRIVER ACKNOWLEDGMENTS AND AGREEMENTS
By using the OPOLI Platform and Services to find passengers, each User acting as a driver agrees that certain state and/or federal regulations apply to the services provided by OPOLI and the User.
Each driver using the OPOLI Platform and Services is advised that the following regulations shall apply:
California Residents: CALIFORNIA USERS OF THE OPOLI PLATFORM AND SERVICES WHO USE A PERSONAL, NON-COMMERCIAL VEHICLE WITH THE OPOLI PLATFORM, SPECIFICALLY THE OPOLI MOBILE APPLICATION, TO ACT AS A DRIVER/PROVIDER ARE HEREBY ADVISED THAT:
– personal/Rideshare automobile insurance policies WILL NOT provide coverage for the User when using the vehicle in connection with the OPOLI Platform; with the exception of below coverage:
– Providers/Drivers are required to carry comprehensive, and collision coverage at all stages during the usage of the OPOLI Platform; OPOLI DOES NOT provide that coverage on their insurance policy, nor are they required by PUC insurance requirements.
-Personal/Rideshare automobile insurance policies WILL need to provide comprehensive and collision coverage for damage to the provider vehicle from the moment the User logs on to the OPOLI Platform until the moment the User logs off the OPOLI Platform; OPOLI DOES NOT provide that coverage.
– AS A RESULT, IT IS OPOLI’S CURRENT POLICY TO PROVIDE THE FOLLOWING TRANSPORTATION NETWORK COMPANY (“TNC”) INSURANCE COVERAGE:
during the time a driver accepts a passenger’s ride request, and until a passenger safely exits the vehicle, OPOLI will provide primary commercial insurance of at least one million dollars ($1,000,000) in coverage except for comprehensive, and collision coverage for the driver/provider vehicle;
during the time a passenger is in the driver’s vehicle and until a passenger safely exits the vehicle, OPOLI will provide uninsured motorist coverage and underinsured motorist coverage of at least one million dollars ($1,000,000) except for comprehensive, and collision coverage for the driver/provider vehicle;
during the time a driver has logged onto the OPOLI Platform and is awaiting a passenger ride request, OPOLI shall provide primary insurance in the amount of at least fifty thousand dollars ($50,000) for death and personal injury per person, one hundred thousand dollars ($100,000) for death and personal injury per incident, and thirty thousand dollars ($30,000) for property damage except for comprehensive, and collision coverage for the Driver/provider vehicle; and
during the time a driver has logged onto the OPOLI Platform and is awaiting a passenger ride request, OPOLI shall maintain insurance coverage that provides excess coverage insuring OPOLI and the driver for at least two hundred thousand dollars ($200,000) per occurrence to cover any liability arising from the driver’s use of a vehicle in connection with the OPOLI Platform except for comprehensive, and collision coverage for the driver/provider vehicle. If a driver is logged onto another mobile application or platform as a driver/provider for a third-party TNC during this time, OPOLI’s insurance coverage will cover any liability on a pro-rata basis with such third-party TNC (or its insurer(s)), or as otherwise provided for by OPOLI’s insurance carrier’s terms, except for comprehensive, and collision coverage for the driver/provider vehicle.
– OPOLI RESERVES THE RIGHT TO CHANGE THIS POLICY AT ANY TIME, IN ITS SOLE DISCRETION, UPON NOTICE TO ALL DRIVERS. ACCORDINGLY, EACH USER WHO USES THE OPOLI PLATFORM IN CONNECTION WITH A PERSONAL, NON-COMMERCIAL VEHICLE AS A DRIVER, ACKNOWLEDGES AND AGREES THAT HE OR SHE MAY BE REQUIRED TO MAINTAIN INDEPENDENT TNC INSURANCE COVERAGE WHEN USING A PERSONAL VEHICLE AS A DRIVER USING THE OPOLI PLATFORM, AND THAT FAILURE TO MAINTAIN ANY NECESSARY TNC INSURANCE COVERAGE WILL BE GROUNDS TO TERMINATE THE USER’S ACCESS TO THE OPOLI PLATFORM AND SERVICES.
California Users of the OPOLI Platform and Services who DO NOT use a personal, non-commercial vehicle with the OPOLI Platform as drivers/providers (e.g. TPC operators) shall not be subject to the foregoing TNC insurance coverage requirements.
DRIVER REPRESENTATIONS & WARRANTIES
By using the OPOLI Platform and Services, each User acting as a driver represents, warrants and agrees that:
– Such driver is at least twenty-one (21) years of age;
– Such driver possesses a valid driver’s license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which such driver uses the Services;
– Such driver owns, or has the legal right to operate, the vehicle such driver uses when accepting passengers, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind;
– Such driver is named or scheduled on the insurance policy covering the vehicle such driver uses when accepting passengers;
– Subject to the terms of the “Driver Acknowledgment and Agreements” section above, such driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such driver’s vehicle to cover any anticipated losses related to such driver’s provision of rides to passengers;
– Subject to the terms of the “Driver Acknowledgment and Agreements” section above, such driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such driver uses to transport passengers, including, but not limited to personal injuries, death and property damages;
– Subject to the terms of the “Driver Acknowledgment and Agreements” section above, in the event of a motor vehicle accident, such driver will be responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with insurance carrier(s) whose insurance policy covers the applicable vehicle;
– Such driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws;
– Such driver will not make any misrepresentation regarding OPOLI, the OPOLI Platform, the Services or such driver’s status as a driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from passengers, or engage in any other activity in a manner that is inconsistent with such driver’s obligations under this Agreement;
– Such driver will not transport a passenger on any trip that is not arranged through the OPOLI Platform;
– Such driver will only accept passengers using the vehicle that has been reported to and photographed by OPOLI;
– Such driver will not accept cash or “street hails”;
– Such driver will wear removable trade dress as required and/or provided by OPOLI; and
– Such driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
TERM & TERMINATION
This Agreement is effective upon use of the OPOLI Platform or the Services for new Users, and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate your participation in the OPOLI Platform or Services at any time, for any reason upon receipt by us of your written or email notice of termination sent to email@example.com. Without limiting its other remedies, OPOLI may terminate this Agreement and your participation in the OPOLI Platform at any time, for any or no reason, without explanation, effective upon sending notice you.
All outstanding payments between you and us for all transactions prior to the date of termination shall be provided within thirty (30) days. Upon such termination, we will remove all of your information from our servers, though we may retain an archived copy of your records as required by law or for our legitimate business purposes. OPOLI shall have the sole discretion to bar your use of the OPOLI Platform or Services in the future, for any or no reason. Even after your participation in the OPOLI Platform is terminated, these Terms of Service will remain in effect, including without limitation, the provisions relating to the Services, licenses, limited liability, indemnity, disputes, and arbitration.
CONTENT AND INFORMATION
Some areas of the OPOLI Platform allow and/or require Users to post content such as pictures of you or your vehicle, profile information, ratings, reviews, comments, questions, and other information. “Your Content” is any information that you provide, publish, display, or otherwise make available on the OPOLI Platform. Except as otherwise stated in this Agreement, you retain ownership of Your Content. Your Content will be stored on computers. You consent to us using Your Content to create a User account that will allow you to participate in the Services. You are solely responsible for Your Content and your interactions with other people in the public, and you acknowledge and agree that we act only as a passive conduit for your online posting of Your Content. When you use the OPOLI Platform, you agree to provide accurate, current and complete information as prompted by our registration form and to maintain and timely update Your Content to keep it accurate, current and complete at all times during the term of the Agreement. You agree that we and other people of the public may rely on Your Content as accurate, current and complete. You acknowledge that if Your Content is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this Agreement and your use of the OPOLI Platform and Services.
If you are a driver, by accepting this Agreement, you agree that we may obtain information about you, including without limitation, your driving record, references and credit information. Each driver hereby authorizes us to perform a background check on the driver, and further agrees to provide any necessary authorization to facilitate our access to the driver’s official driving record, references and credit information during the term of the Agreement.
USER REPRESENTATIONS AND WARRANTIES
You agree that making Your Content available on the OPOLI Platform shall not constitute any Restricted Activity. In connection with Your Content, you further hereby affirm, represent and warrant that: (a) Your Content is posted by you and that you are the sole author of Your Content; (b) you have the written consent of each and every identifiable natural person in Your Content to use such person’s name or likeness in the manner contemplated by the OPOLI Platform and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (c) Your Content and OPOLI’s use thereof as contemplated by the OPOLI Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; (d) OPOLI may exercise the rights to Your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (e) to the best of your knowledge, all Your Content and other information that you provide to us is truthful and accurate.
LICENSE TO OPOLI AND OTHER USERS
You also hereby grant each User of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Services and under this Agreement.
You may remove Your Content from the OPOLI Platform at any time. If you choose to remove Your Content, the licenses granted above will automatically expire, however you acknowledge that OPOLI may retain archived copies of Your Content. As between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all Your Content and any intellectual property rights or other proprietary rights associated with Your Content.
Other Participants may post copyrighted content on the OPOLI Platform, and you acknowledge that such content has copyright protection whether or not identified as copyrighted. Notwithstanding any other term of this Agreement, except for any information which is in the public domain or for which you have been given express permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any proprietary information of other Participants on the OPOLI Platform for any purpose other than as contemplated by this Agreement and the Services.
DISCLAIMER OF USER CONTENT
OPOLI takes no responsibility, and assumes no liability for, any content that you or any other User or third party posts or sends over the OPOLI Platform. You shall be solely responsible Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for the online distribution and publication of Your Content and the content of other Users. You understand and agree that you may be exposed to User content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that OPOLI shall not be liable for any damages you allege to incur as a result of such User content.
SOCIAL MEDIA SITE INFORMATION
As part of the functionality of the OPOLI Platform, you may be able to login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (a) providing your Third Party Account login information through the OPOLI Platform; or (b) allowing OPOLI to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. By doing so, you represent that you are entitled to disclose your Third Party Account login information to OPOLI and/or grant OPOLI access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating OPOLI to pay any fees or making OPOLI subject to any usage limitations imposed by such third party service providers.
By granting OPOLI access to any Third Party Accounts, you understand that OPOLI may access, make available and store, if applicable, any content that you have provided to and stored in your Third Party Account (the “SM Content”) so that it is available on and through the OPOLI Platform via your account, including without limitation, any friend, contacts or following/followed lists, and that OPOLI may submit and receive additional information to your Third Party Account as indicated herein. Unless otherwise specified in this Agreement, all SM Content, if any, shall be considered to be Your Content for the purposes of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the OPOLI Platform. Please note that if a Third Party Account or associated service becomes unavailable or the OPOLI Platform’s access to such Third Party Account is terminated by the third party service provider, then SM Content may no longer be available on and through the OPOLI Platform. Your relationship with any third party service providers associated with your Third Party Accounts is governed solely by your agreements with such providers. OPOLI takes no effort or responsibility to review any SM Content for any purpose, and OPOLI is not responsible for any SM Content.
Location data provided by the OPOLI Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither OPOLI, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Any of Your Content, including geo-location data, which you upload, provide, or post on the OPOLI Platform may be accessible to certain Users of the OPOLI Platform. We cannot verify or guarantee the accuracy of the information Users provide us on the OPOLI Platform, and we do not control the information provided by other Users that is made available through our system. Therefore, OPOLI cannot and does not confirm each User’s purported identity. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the OPOLI Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the OPOLI Platform, you agree to accept such risks and OPOLI is not responsible for the acts or omissions of Users on the OPOLI Platform. In order to help you evaluate Users with whom you are dealing, OPOLI may link to a User’s Third Party Account, such as Facebook®, if they supply us with their account information. We also encourage you to communicate directly with each potential driver or passenger prior to engaging in an arranged transportation service.
INTELLECTUAL PROPERTY RIGHTS TO OPOLI PLATFORM
All intellectual property rights on the OPOLI Platform and Services shall be owned by us absolutely and in their entirety. These rights include, and are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the OPOLI Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the OPOLI Platform or Services (“Submissions”), provided by you to us are non-confidential and shall become the sole property of OPOLI. OPOLI shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Except for Your Content, the OPOLI Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User content belonging to other Users (the “OPOLI Content”), and all intellectual property rights related thereto, are the exclusive property of OPOLI and its licensors (including other Users who post User content to the OPOLI Platform). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any OPOLI Content. Use of the OPOLI Content for any purpose not expressly permitted by this Agreement or by features or functionalities of the OPOLI Platform is strictly prohibited.
COPYRIGHTS & INFRINGEMENT
If you believe, in good faith, that any materials on the OPOLI Platform or Services infringe upon your copyrights, please send the following information to OPOLI’s Copyright Agent at 4520 W. Imperial Highway, Hawthorne, CA 90304:
1. A description of the copyrighted work that you claim has been infringed, including the specific location on the Services where the material you claim is infringed is located. Include enough information to allow OPOLI to locate the material, and explain why you think an infringement has taken place;
2. A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
3. Your address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Be advised that OPOLI has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Be further advised that under federal law, you may be subject to criminal prosecution and/or civil penalties, including monetary damages, court costs, and attorneys’ fees if you knowingly make a material misrepresentation that online material is infringing. Please note that the foregoing procedure is exclusively for notifying OPOLI of suspected infringement of your copyright. Please consult an attorney if you are unsure whether material infringes your copyright before proceeding with any notice.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the OPOLI Platform and Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the OPOLI Platform and Services, and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the OPOLI Platform and Services, or transmitted to Participants. We reserve the right, but not the obligation, to monitor the materials posted on the OPOLI Platform. Notwithstanding this right, you remain solely responsible for Your Content, including your photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other data and information that you post on the OPOLI Platform. We shall have the right to remove any such material that in our sole reasonable opinion violates, or is alleged to violate, applicable law or this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
THIRD PARTY SITES AND CONTENT DISCLAIMER
The OPOLI Platform contains (or you may be sent through the OPOLI Platform or the Services) links to third party content, websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by OPOLI. OPOLI does not endorse, make any representations regarding, warrant any, or assume responsibility for such third party sites, practices, or content. Such third party sites, practices, and content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites, practices, or content accessed or made available through the OPOLI Platform. If you decide to access a third party website from the OPOLI Platform or Services, or access any content therein, you do so at your own risk, and you understand that this Agreement does not apply to your use of such sites. You expressly relieve OPOLI from any and all liability arising from your use of any third-party website, service, or content. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from the OPOLI Platform or relating to any third party content applications you use or install from the OPOLI Platform.
We, our subsidiaries, officers, directors, employees, SUPPLIERS, AND LICENSORS provide the OPOLI Platform and Services on an “AS IS” basis and without any warranty or condition, express, implied or statutory. Your use of the OPOLI Platform and Services is at your own risk. We do not guarantee and do not promise any specific results from use of the OPOLI Platform and/or the Services. We, our subsidiaries, officers, directors, employees, suppliers, AND LICENSORS specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. We do not warrant that your use of the OPOLI Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the OPOLI Platform or Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the OPOLI Platform or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any content posted on the OPOLI Platform or in connection with the Services, whether posted or caused by Users of the OPOLI Platform, by OPOLI, by third parties or by any of the equipment or programming associated with or utilized in the OPOLI Platform or the Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the OPOLI Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the OPOLI Platform. OPOLI is not responsible for the conduct, whether online or offline, of any User of the OPOLI Platform or Services. It is possible for others to obtain personal information about you due to your use of the OPOLI Platform or the Services, and that the recipient may use such information to harass or injure you. We are not responsible for the third party use of any personal information that you disclose on the OPOLI Platform or through the Services. You are solely responsible for your interactions with other Users. We reserve the right, but not THE obligation, to monitor disputes between you and other Users. Please carefully select the type of information that you post on the OPOLI Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including Unauthorized Users). OPOLI only offers a venue that enables Participants to transact with each other. OPOLI does not warrant, endorse, guarantee, or assume responsibility for any service, and OPOLI will not be a party to, or in any way be responsible for, any transaction between you and a third party. OPOLI is not involved in the actual transportation provided by drivers to passengers, or in the accommodations provided by hotels to guests. As a result, we have no control over the quality or safety of the transportation or accommodation that occurs as a result of the Services, nor do we have any control over the truth or accuracy of Participants’ information listed on the OPOLI Platform. ALTHOUGH OPOLI HAS TAKEN COMMERCIALLY REASONABLE STEPS TO COLLECT INFORMATION FROM USERS (SUCH AS DRIVERS), INCLUDING PROOF OF AUTO INSURANCE AND VALID DRIVER’S LICENSE, AND TO CONDUCT BACKGROUND CHECKS, We cannot ensure that a User is who he or she claims to be, or that a User will actually complete an arranged service. OPOLI EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO ANY DRIVERS OR PASSENGERS, INCLUDING WITHOUT LIMITATION, THE SAFETY OF A RIDE OR HOTEL, OR THE RELIABILITY OF ANY SERVICES PROVIDED. We reserve the right to change, limit, or stop providing any and all FUNCTIONALITIES, FEATURES, content, software and other items used or contained in the OPOLI Platform and the Services at any time without prior notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by OPOLI or the OPOLI Platform.
The OPOLI Platform and Services may be temporarily unavailable from time to time for maintenance or other reasons. OPOLI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in the operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. OPOLI is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the OPOLI Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPOLI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE OPOLI PLATFORM AND SERVICES, INCLUDING WITHOUT LIMITATION ANY RIDES OR ACCOMMODATIONS FACILITATED BY THE OPOLI PLATFORM. UNDER NO CIRCUMSTANCES WILL OPOLI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE OPOLI PLATFORM OR SERVICES, OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPOLI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE OPOLI PLATFORM (INCLUDING RIDES OR ACCOMMODATIONS FACILITATED BY THE SERVICES); (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OPOLI PLATFORM OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE OPOLI PLATFORM OR SERVICES BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE OPOLI PLATFORM OR SERVICES; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL OPOLI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID TO YOU BY OPOLI HEREUNDER OR $1,000.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OPOLI, ITS AGENTS, OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE OPOLI PLATFORM OR SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF ANY TRANSACTIONS WITH OTHER PARTICIPANTS OF THE OPOLI PLATFORM OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
DISPUTES WITH OTHER USERS
To the maximum extent permissible by applicable law, OPOLI hereby expressly disclaims ANY AND ALL RESPONSIBILITY FOR MONITORING OR RESOLVING DISPUTES THAT MAY ARISE BETWEEN USERS OF THE SERVICE (INCLUDING PASSENGERS AND DRIVERS) AS A RESULT OF THE USE OF THE SERVICES, INCLUDING DISPUTES RELATING TO PROPERTY DAMAGE, OR PERSONAL INJURY, UP TO AND INCLUDING DEATH.
OPOLI has no responsibility whatsoever for the actions or conduct of Users. OPOLI has no obligation to intervene in or be involved in any way in disputes that may arise between Users. Responsibility for the decisions you make regarding transactions made rest solely with you. It is each User’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the Services.
Accordingly, in the event that you have a dispute with one or more Users, you agree to release OPOLI (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the OPOLI Platform or the Services.
If you are a California resident, you waive any rights you may have under California Civil Code §1542 or any other statutes or common law principles of similar effect. California Civil Code §1542 specifies that:
“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.”
You acknowledge and agree that the foregoing waivers are essential and material terms of your agreement with OPOLI, and that OPOLI would not have been willing to accept you as a User of the OPOLI Platform or Services.
You agree to indemnify, defend, and hold harmless OPOLI and its agents, employees, licensors, managers, and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related in any way to: (a) your breach of this Agreement; (b) your violation of any applicable law, rule, or regulation, or the rights of a third party; (c) your violation of any third party right, including without limitation, any right of privacy or intellectual property rights; (d) your conduct relating to other Users, including without limitation, any ride you provide as a driver or that you take as a passenger; (e) Your Content or any other content submitted via your account; or (f) any other activities made in connection with your account to the OPOLI Platform and Services.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of the OPOLI Platform or Services must be commenced within one (1) year after the claim or cause of action arises.
You and OPOLI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to OPOLI’s business, operations and properties (“Confidential Information”) disclosed to you by OPOLI for your own use or for any purpose other than as contemplated by this Agreement. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of OPOLI in order to prevent it from falling into the public domain. Notwithstanding the foregoing, you shall not have liability to OPOLI with regard to any Confidential Information which you can prove: (a) was in the public domain at the time it was disclosed by OPOLI or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by documentary evidence in existence at the time of disclosure; (c) is disclosed with the prior written approval of OPOLI; (d) becomes known to you, without restriction, from a source other than OPOLI without breach of this Agreement and otherwise not in violation of OPOLI’s rights; or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided however, that in such event you shall provide prompt notice of such court order or requirement to OPOLI to enable OPOLI to seek a protective order or otherwise prevent or restrict such disclosure.
For any dispute with OPOLI, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that OPOLI has not been able to informally resolve a dispute with you, you and we each agree to resolve any claim, dispute, or controversy (excluding any OPOLI claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof, by binding arbitration by JAMS. The arbitration will be conducted in Los Angeles County, California, unless you and we agree otherwise. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights.
ALL CLAIMS MUST BE BROUGHT IN THE YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND OPOLI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without reference to its conflict-of-law provisions. OPOLI makes no representation that the materials are appropriate or available for use outside the United States. If you access the OPOLI Platform or Services from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of the OPOLI Platform or Services. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Los Angeles County, California for any disputes with OPOLI arising out of your use of the OPOLI Platform or Services.
Except as otherwise stated herein, any notices to OPOLI shall be given by certified mail, postage prepaid, and return receipt requested to Opoli Technology, Inc. c/o John Ramirez Rhondo, 1618 Placentia Ave., Costa Mesa, CA 92627, with an additional copy to: 4520 West Imperial Highway, Hawthorne, California 90304, and shall be effective five (5) days after the date of mailing. Any notices to you may be provided to you through the OPOLI Platform, or given to you via the email address you provide to OPOLI during the registration process. In such case, email notices shall be effective one (1) day after delivery.
APPLE® APP STORE™AGREEMENT
The following applies to any version or part of the OPOLI Platform that you acquire from the Apple® App Store™. You acknowledge and agree that this Agreement is solely between you and OPOLI. Apple, Inc. (“Apple®”) is not a party to this Agreement and shall have no responsibility for the OPOLI Platform. OPOLI, not Apple®, is solely responsible for the OPOLI Platform and the content therein as set forth in this Agreement. This Agreement incorporates by this reference the Apple® LICENSED APPLICATION END USER LICENSE AGREEMENT (the “Apple Terms™”). In the event of any conflict between the terms of this Agreement and the Apple Terms™, the terms of this Agreement shall take precedence. Apple® and its subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple® shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
This Agreement constitutes the entire agreement between OPOLI and you with respect to its subject matter, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and OPOLI with respect to the subject matter of this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted so as best to effect the intent of the original portion. If such construction or interpretation is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, and any attempted transfer or assignment in violation of the foregoing shall be null and void. You agree however, that this Agreement may be assigned by OPOLI, in our sole discretion, upon written notice to you. Headings are for reference purposes only and in no way affect the meaning or interpretation of this Agreement. All waivers under this Agreement shall only be effective if made in writing and signed by the party to be bound. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.