Terms of Service
Date of Last Revision: October 27th, 2017
Welcome to Roadster!
Roadster Online Inc. and its subsidiaries (collectively, “Roadster,” “we,” “us,” “our”) provides services to help you with the car buying process, including online advertising and research services for car buyers to purchase a vehicle from a third party (“Research Services”) as well as brokerage services for the purchase of vehicles (“Roadster Concierge”), through its website located at www.roadster.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Transactions with Sellers; Advertisements and Offers
Roadster does not sell cars directly, but instead facilitates the purchase transaction between you and a dealer.You acknowledge and agree that Roadster is not a party to any transactions or agreements entered into between car buyers and car sellers (e.g. dealers). If you purchase a car using the Service, you are contracting directly with the car seller. Roadster is not a broker (unless you specifically sign-up for our Roadster Concierge service), agent or insurer, and has no control over the conduct of, or any pricing or other information provided by, car buyers or car sellers, and Roadster hereby disclaims all liability in this regard. Except pursuant to Roadster Concierge as described below, Roadster does not (a) guarantee or ensure any car, price, offer or transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any cars.
Vehicle Images; Typographical Errors: Please note that, while we endeavor to have the photos displayed on the Service match your chosen car as closely as possible, they are samples only and may not reflect your exact choice of car, color, and trim. Also, while we try to make sure that all prices posted here are accurate at all times, we cannot be responsible for typographical and other errors that may appear on the Service
Sellers: We do not endorse any seller, and we make no guarantee, explicit or implied, that any posted information isaccurate. You agree that we are not responsible for any information or content provided by any seller, including typographical and other errors. We do not and cannot verify the information that sellers supply, nor do we guarantee the cars sellers offer. We assume no responsibility to verify whether the information provided by sellers complies with applicable laws; such responsibility rests with the sellers. Any dealings that you may have with a seller through theService is governed by the terms of the agreement that you enter into with that seller. We expressly disclaim any liability or responsibility for the success of any transaction you have with that seller. You must make the final determination as to the value and appropriateness of the transaction.
Roadster Concierge allows you to view Roadster prices that we expect our brokers to be able to meet or beat for a particular vehicle; use us as a broker to shop multiple dealers to negotiate a price and present that pricing to you, based on the parameters that you have given to us (note, however that we will not show a specific VIN until we have a confirmed buyer); review a deal sheet summarizing the terms of the proposed transaction between you and the dealer (including anyincentives or rebates that would apply); collect your signatures on behalf of the dealer if you decide to purchase the vehicle we present to you; store vehicles overnight prior to delivery (if necessary); and deliver the vehicle to you. You never have to meet or speak with the dealer. Note that we cannot guarantee that any dealer will accept a specific price for any particular vehicle.
For a detailed description of Roadster Concierge, please see www.roadster.com/faq (the “FAQ”). The FAQ is hereby integrated by reference into these Terms of Service, and is subject to change or modification by Roadster at any time.
Roadster as a Broker: By using Roadster Concierge, you are entering into a consumer-broker relationship (as defined by state law) with BuySideAuto LLC, a subsidiary of Roadster Online Inc. BuySideAuto LLC is a registered vehicle broker in the State of California.
Additional Terms: If you want to buy a vehicle using Roadster Concierge, then you will need to enter into a buyer agreement with us. Without limiting the foregoing, in connection with Roadster Concierge, please also note that:
- All vehicles made available via Roadster Concierge are subject to availability.
- Any trade-in transaction will be between you and Roadster, and subject to you and Roadster entering into a separate purchase agreement for your trade-in vehicle.
- You will be responsible for paying us a service and delivery fee for use of Roadster Concierge (please see the FAQ for more details). Note that we may also receive a fee from the dealer.
Access and Use of the Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Roadster of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Roadster will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Roadster reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Roadster will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Roadster and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Roadster account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You agree to not use the Service to:
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- further or promote any criminal activity or enterprise or provide instructional information about illegalactivities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to provide Roadster information regarding your credit card or other payment instrument. You represent and warrant to Roadster that such information is true and that you are authorized to use the payment instrument. You agree to pay Roadster all fees when due as indicated on the Service or in writing to you. We reserve the right to change Roadster’s fees. If Roadster does change its fees, Roadster will provide notice of the change on the Site or in email to you, at Roadster’s option, at least 30 days before the change is to take effect. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Roadster’s net income.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Apple-Enabled Software Applications
Roadster offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Roadster and you acknowledge that these Terms of Service are concluded between Roadster and you only, and not with Apple, and that as between Roadster and Apple, Roadster, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with theUsage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Roadster’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Roadster and you acknowledge that Roadster, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Roadster and Apple, Roadster, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Roadster as follows:
Roadster Online Inc.
2904 Ash Street, Suite B
Palo Alto, CA 94306.
Roadster and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Roadster, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Roadster from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Roadster, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Roadster.
The Roadster name and logos are trademarks and service marks of Roadster (collectively the “Roadster Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Roadster. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Roadster Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Roadster Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Roadster be liable in any way for any content or materials of any third parties (including car sellers, advertisers or users), including, but not limited to, for any errors or omissions in any content (including Offers), or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Roadster does not pre-screen Offers or other content, but that Roadster and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Offers or other content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Offers or other content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Roadster and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Roadster are non-confidential and Roadster will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Roadster may preserve content and may also disclose content if required to do soby law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that anycontent violates the rights of third parties; or (d) protect the rights, property, or personal safety of Roadster, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Roadster respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Roadster of your infringement claim in accordance with the procedure set forth below.
Roadster will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Roadster’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Roadster Online Inc.
2904 Ash Street Suite B,
Palo Alto CA 94306
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Roadster will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Roadster has adopted a policy of terminating, in appropriate circumstances and at Roadster's sole discretion, users who are deemed to be repeat infringers. Roadster may also at its sole discretion limit access to the Service and/or terminate the memberships ofany users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Roadster has no control over such sites and resources and Roadster is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Roadster will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealingsyou have with third parties found while using the Service are between you and the third party, and you agree that Roadster is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Roadster is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Roadster is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Roadster enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Roadster and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROADSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROADSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ROADSTER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ALL INFORMATION RELATED TO CARS AVAILABLE ON THE SERVICE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. ROADSTER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF ANY CAR, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A CAR ADVERTISED ON THE SERVICE. ROADSTER CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. ROADSTER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SERVICE OR IN THE CONTENT. ALL CARS ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A CAR MUST BE ADDRESSED WITH THE SELLER.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROADSTER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROADSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ROADSTER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ROADSTER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Roadster’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and eachparty hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if Roadster changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service ), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Roadster’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Roadster in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Roadster, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Roadster believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Roadster may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Roadster may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Roadster will not be liable to you or any third party for any termination of your access to the Service.
User or Car Seller Disputes
You agree that you are solely responsible for your interactions with any other user or car seller in connection with the Service and Roadster will have no liability or responsibility with respect thereto. Roadster reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service or any car seller.
These Terms of Service constitute the entire agreement between you and Roadster and govern your use of the Service, superseding any prior agreements between you and Roadster with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Roadster agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Roadster to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon 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. You may not assign this Terms of Service without the prior written consent of Roadster, but Roadster may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Roadster Referral Program
We invite and encourage you to earn Roadster referral credits ("Referral Credits") by introducing your friends and contacts to Roadster. By earning and redeeming Referral Credits you are agreeing to the following additional terms and conditions.
If two people or another party or organization refers the same person, the party who sent the link that is used to register the new member's account shall be deemed the referring party, regardless of which link was sent first. The referring party will receive a Referral Credit if that person subsequently purchases or leases a new car through Roadster within 6 months after registration of such new member’s account.
Redeeming Referral Credits; Expiration: Referral Credits may only be redeemed for Roadster Concierge service. Unredeemed Referral Credits will expire 3 years (36 months) from the date they were issued.
Prohibitions and Cancellations: Referral Credits have no cash value by themselves and cannot be redeemed for cash. They are issued at our discretion and cannot be transferred, bartered, or sold, or pooled with other members. Referral Credits are loyalty/promotional offers and are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in Referral Credits.
Roadster reserves the right to cancel your Referral Credits if we determine in our sole discretion that you have violated these terms or any of our Terms of Service, including through your fraudulent or misleading referral activity (for example, by inviting fake people to join Roadster, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.
You agree that having multiple Roadster accounts is a violation of our Terms of Service and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent our referral program may, without limiting any other rights or remedies, result in forfeiture of your membership and all Referral Credits in your account. Nothing herein grants you any right to use Roadster’s trademarks. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Roadster will have no liability for any errors displayed in your account.
Changes to Referral Credits Terms: The Roadster referral program is void where prohibited by law. Roadster reserves the right in its sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include without limitation, how you may earn and redeem Referral Credits, how long Referral Credits last, and the lifetime maximum amount of Referral Credits that you may earn.
In addition, we reserve the right to terminate any referral programs at any time in our sole discretion, including without limitation, if we believe that it is impractical to administer the program in compliance with applicable law. In such case all Referral Credits will be void 30 calendar days after termination of the program is announced.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.