When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the Services, you agree to accept any such changes.
OBI DOES NOT PROVIDE ANY TRANSPORTATION SERVICES. A THIRD-PARTY SERVICE PROVIDER PROVIDES ANY SERVICE IN RESPONSE TO ANY SERVICE REQUEST MADE THROUGH USE OF THE APPLICATION. OBI OFFERS INFORMATION AND A METHOD TO ENGAGE A THIRD PARTY FOR SUCH THIRD PARTY’S SERVICES BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A SERVICE PROVIDER OTHER THAN WITH RESPECT TO PROVIDING SUCH INFORMATION AND SUCH METHOD FOR ENGAGING A THIRD PARTY. OBI HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
REPRESENTATIONS AND WARRANTIES
By using any of the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your use of the Services is for your sole personal, non-commercial use. You may not authorize others to use your User status or credentials, and you may not assign or otherwise transfer your User account to any other person or entity. When using the Services you agree to comply with all applicable laws from your home nation or the country, state and city in which you are present while using the Services. You may only access the Services
using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application for your device. We reserve the right to terminate this Agreement if you use the Services with an incompatible or unauthorized device.
In order to use certain features of the Services, including the Application, you must register for an account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your account at any time, for any reason, by following the instructions on the Application or other Services.
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Obi is not liable for any loss or damage arising from your failure to comply with the above requirements.
By using the Application or other Services, you agree that:
- You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Services to cause nuisance, annoyance or inconvenience.
- You will not take any action that impairs or could reasonably be expected to impair the proper operation of the Services.
- You will not try to harm the Services in any way whatsoever, including by transmitting malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.
- You will not copy or distribute the Services or other content without written permission from us.
- You will only use the Services for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification or other credential we provide you which allows access to the Services.
- You will provide us with any proof of identity we may reasonably request.
- You will only use an access point or data account (AP) which you are authorized to use.
- You are aware that when requesting services by SMS, standard messaging charges will apply.
- You will not transfer or sell your User account, password and/or identification, or any other User’s Information to any other party.
KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Obi Content” means Content that Obi makes available through the Services, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Services.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services.
“Collective Content” means, collectively, Obi Content and User Content.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY LICENSES GRANTED
BY OBI TO OUR CONTENT AND USER CONTENT
Subject to your compliance with the terms and conditions of this Agreement, Obi grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Obi Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in this Agreement. You shall not access the Services to build a similar or competitive website, product, or service or for any commercial purpose. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Obi
or its licensors, except for the licenses and rights expressly granted in this Agreement.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Services, you hereby grant to Obi a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content through or by means of the Services. You agree and acknowledge that this license cannot be terminated without the express written consent of Obi once you have submitted User Content on, through or by means of the Services. Other than as provided herein Obi does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of your User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User
Obi respects the intellectual property of others and asks that Users do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of accounts of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature
2. identification of the copyrighted work(s) that you claim to have been infringed
3. identification of the material on our services that you claim is infringing and that you request us to remove
4. sufficient information to permit us to locate such material
5. your address, telephone number, and e-mail address
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner
The designated Copyright Agent for Obi is:
Copyright Agent: Payam Safa
Address of Agent: 12422 Deerbrook Lane, Los Angeles, CA 90049.
Subject to your compliance with this Agreement, Obi grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store of the Google Play Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) or any Android-branded product that runs Android OS (Google’s proprietary mobile operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store and Google Play Terms of Service agreements. Obi reserves all rights in and to the Application not expressly granted to you under this Agreement. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced
ACCEPTABLE USE POLICY
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) create Internet “links” to the Service or “frame” or “mirror” any Service on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the
Services, or (c) copy any ideas, features, functions or graphics of the Services; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to
children, that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Services or its related systems or networks; or (vi) use the Services to harvest, collect, gather or assemble information or data regarding other Users, including e-
mail addresses, without their consent.
Obi will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Obi may involve and cooperate with law enforcement authorities in prosecuting Users who violate this Agreement. You acknowledge that Obi has no obligation to monitor your or any User’s access to or use of the Application, other Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Obi reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Obi, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Services.
Any fees that Obi may charge you for the Services are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Services either planned, accidental or intentional, or any reason whatsoever. Obi reserves the right to determine final prevailing pricing – Please note the pricing information published on the Services may not reflect the prevailing pricing.
Obi, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for our Services as we deem necessary for our business. We encourage you to check back at our Services periodically if you are interested about how we charge for our Services.
THIRD PARTY TERMS AND CANCELLATION POLICIES
Cancellation fees and applicable terms of service of individual ride companies can be found on their websites. Any rides booked through the Application are bound to the applicable ride company's terms of service.
INTELLECTUAL PROPERTY OWNERSHIP
Obi alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and Obi will have the unrestricted right to use for no compensation any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (“Feedback”). Obi will treat any Feedback you provide to Obi as non-confidential and non-proprietary. You agree that you will not submit to Obi any information or ideas that you consider to be confidential or proprietary. With respect to any
Feedback you provide you hereby grant Obi a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public such Feedback (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full
term of any worldwide intellectual property right, including moral rights, that may exist in any Feedback.
You further agree we may use any Feedback you provide to modify our Services or create new services and products and that you will not be due any compensation, including any royalty related to any Service or other service or product of ours that incorporates Your User Content, including any Feedback.
THIRD PARTY INTERACTIONS
During use of the Application and other Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Obi and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Obi does not endorse any sites on the Internet that are linked through the Services, and in no event shall Obi or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. Obi provides the Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Obi disclaims any and all responsibility or liability arising from such agreements between you and any third-party providers. Obi may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. Obi may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
OBI APIs, DATA FEEDS & PRICE QUOTATIONS
Obi uses publicly available data via applications, the web, API’s or other means to provide Users with information from Uber, Lyft, Curb, and other rideshares, bikeshare and car share providers. Obi is not affiliated, partnered, endorsed or sponsored by any of the above companies. Obi does not guarantee the accuracy of the pricing information provided due to ever changing market conditions. The pricing provided is designed to provide a guide only. The User must confirm exact pricing with the individual service provider when redirected to their respective application. Obi is not responsible for the Users’ interaction with any
application or other service it redirects to.
Obi enables Users to connect certain rideshare accounts including Uber and Lyft and other services. By linking accounts, the User grants permission for Obi to access those accounts to provide its Users with pricing and other pertinent information. The User may unlink accounts at any time and Obi will no longer have access. Obi will never access accounts without User permission being granted. Obi takes all appropriate steps and follows established security protocols to protect User information.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their sites/apps. Obi does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. In addition, we may sell products and services of many different and unrelated services on the Services. We are not responsible for examining or evaluating, and
we do not warrant the offerings or products of, any of these businesses, even if such offerings or products are purchased through our Services. Obi does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties and DISCLAIMS ALL WARRANTIES related to such products and offerings. You should carefully review their privacy statements, cancellation or return policies and other conditions of use.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold Obi, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of services arranged via the Application, or (c) your use or misuse of the Services. You agree to defend, indemnify and hold Obi, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys'; fees if any User Content you post on or through the Services result in a third-party claim that any information or material you provide infringes a third party proprietary right.
DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APPLICATION OR OTHER SERVICES. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY OBI. OBI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
OBI’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OBI AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). OBI AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES, EVEN IF WE AND/OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OBI MAY INTRODUCE YOU TO THIRD PARTY SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE US FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICE PROVIDERS
PROVIDING SERVICES REQUESTED THROUGH OBI MAY OFFER VARIOUS SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. WE WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD-PARTY SERVICE PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE
SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICES.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.”THE QUALITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE APPLICATION AND OTHER SERVICES, YOU MAY BE EXPOSED TO A SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE OUR SERVICES AT YOUR OWN RISK.
DATA PRIVACY AND PERSONAL INFORMATION
OBI MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
We control and operate our Services from the United States, and all information is processed within the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. It is possible that some software that may be downloaded from the Services is subject to government export control or other restrictions. By visiting and using our Services, you acknowledge these
restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Mandatory Binding Arbitration and Class Action Waiver Please read this Arbitration Agreement carefully. It is part of your contract with Obi and affects your rights.
Applicability of Arbitration Agreement
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Bellhop Technologies Inc., 12422 Deerbrook Lane, Los Angeles, CA 90049, addressed to the attention of: Legal and Chief Executive Officer. After the Notice is received, we will, and we request and encourage you to, attempt to resolve the claim or dispute informally. If you and we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an
arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration,
we will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND OBI WAIVE ALL RIGHTS
TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement will survive the termination of your use of the Services and relationship with Obi.
Small Claims Court
Notwithstanding the foregoing, either you or Obi may bring an individual action in small claims court.
Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York County, New York, for such purpose.
Notwithstanding the provisions of the modification-related provisions above, if Obi changes this “Arbitration Agreement” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice at Bellhop Technologies Inc., 12422 Deerbrook Lane, Los Angeles, CA 90049, addressed to the attention of: Legal and Chief Executive Officer within 30 days of the date such change became effective, as indicated in the “Effective Date” above or in the date of Obi’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 Obi in accordance with the provisions of this Arbitration Agreement as in effect as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
You may contact us with any questions or complaints at the address set forth below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you and Obi use electronic means, whether you use the Application or other Services or send us emails, or whether Obi posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Obi in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Obi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. Assignment
This Agreement may not be assigned by you without the prior written approval of Obi but may be assigned without your consent by Obi to (i) a parent or subsidiary, (ii) an acquirer of Obi’s assets, or (iii) a successor in ownership of Obi by way of stock purchase, merger or similar transaction. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, Obi or any third-party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Obi to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. This Agreement comprises the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Copyright © 2023 Bellhop Technologies Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Services, please contact us at:
Bellhop Technologies Inc.
Address: 12422 Deerbrook Lane, Los Angeles, CA 90049.
Address: 137 W 25th St, 11th Fl, New York,