Last Updated: January 30, 2018
Welcome, and thank you for your interest in Rive Technologies, Inc. (“Rive,” “we,” or “us”) and our website at www.riveanddrive.com, along with our related websites, networks, applications, mobile application(s), and other services provided by us (collectively, the “Service”). These Terms of Service and End User License Agreement are a legally binding contract between you and Rive regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that these Terms include the following provisions:
Arbitration – disputes arising under these Terms will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND RIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (as set forth in Section 17).
License – the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms (more specifically as set forth in Section 6).
No Warranty – the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and Rive’s liability to you is limited (as set forth in Sections 15 and 16).
Service Overview. The Service interacts with Rive’s proprietary hardware to limit an end user’s ability to receive notifications and alerts (such as text messages, emails, and social media posts) on his or her mobile telephone while driving. The Service allows users to receive phone calls and listen to music, but prevents users from reading and responding to messages or operating various mobile apps that may distract from driving. The Service is available for both individuals and groups of people such as families. Group Account administrators such as parents and guardians may register and set up accounts for their Group Members such as children (“Group Accounts”) and monitor their use of the Service.
Eligibility. Users who are younger than 18 years of age may use the Service only with the consent of a parent, legal guardian, or properly authorized Group Account leader who has agreed to these Terms on your behalf. We do not accept subscriptions from any user we know to be under the age of 18 directly or through a Group Account leader unless accompanied by the consent or approval of the parent or legal guardian of such user. By using and accessing the Service, you hereby acknowledge, represent and warrant to Rive that: (a) you are at least 18 years of age, that you possess the legal right and ability to consent to these Terms; or (b) that, if you are younger than 18 years of age, that you have your parent’s or legal guardian’s full consent, agreement, and acknowledgement to use and access the Service, and they represent and warrant, on your behalf, that they possess the legal right and ability to consent to these Terms and do so on your behalf. Rive may delete any user’s account and terminate access to the Service without warning if we believe, in our sole discretion, that a user is under the age of 18 but does not have a parent’s or legal guardian’s permission to access the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Service; and (b) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, phone number, and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com. Group Account leaders such as parents and guardians may create Group Accounts, in which case each Group Account member’s individual account will be associated with the Group Account.
If you access the Service through a social networking service (“SNS”) through an account with such SNS (a “Third Party Account”), you may link your Rive account with such Third Party Account by allowing Rive to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of such Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Rive and/or grant Rive access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of such Third Party Account and without obligating Rive to pay any fees or making Rive subject to any usage limitations imposed by such SNS. By granting Rive access to any Third Party Accounts, you understand that Rive may access, make available, and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Service via your Rive account. Unless otherwise specified in the Terms, all SNS Content will be considered to be your Profile Content (as defined in Section 10.1) for all purposes of the Terms. 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 your Rive account. Please note that if a Third Party Account is terminated by the SNS provider, then SNS Content will no longer be available on and through the Service. You have the ability to disable the connection between your Rive account and your Third Party Account at any time by accessing the “Settings” section of the Service. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS PROVIDERS, AND RIVE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY ACCOUNTS. Rive makes no effort to review any SNS Content for any purpose, including for accuracy, legality, or non-infringement, and Rive is not responsible for any SNS Content.
Location Based Services. Some of the features of the Service may enable Rive to access your location in order to tailor your experience with the Service based on your location (“Location-based Services”). In order to use certain Location-based Services, you must enable certain features of your mobile phone, which enable Rive to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. If you choose to disable any Location-based Services on your device, you may not be able to utilize certain features of the Service. By enabling Location-based Services, you agree and acknowledge that: (a) device data we collect from you is directly relevant to your use of the Service; (b) Rive may provide Location-based Services related to and based on your then-current location; and (c) Rive may use any such information collected in connection with provision of the Service.
Limited License. Subject to your complete and ongoing compliance with all the Terms, Rive grants you: (a) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install one copy of the mobile application(s) associated with the Service, and to use such mobile applications so installed solely in object code format, and solely for your personal, non-commercial use for lawful purposes, on mobile devices that you own or control, and (b) permission to access and use the Service for your personal use.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Rive an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership; Proprietary Rights. The Service is owned and operated by Rive. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Rive are protected by intellectual property and other laws. All Materials included in the Service are the property of Rive or our third-party licensors. Except as expressly authorized by Rive, you may not make use of the Materials. Rive reserves all rights to the Materials not granted expressly in these Terms.
Messages. The Service allows for the sending of an auto-reply notification via SMS to any person that sends you an SMS message while the Service is running (“Auto-Responses”). You acknowledge and agree that you are solely responsible for the content contained within any Auto-Responses (including any customizations you make to an Auto-Response), and that Rive, who is merely providing the Auto-Response technology on your behalf, will have no liability regarding the content of any messages within any Auto-Responses. You represent and warrant that (a) by using the Service, you are knowingly taking actions to initiate and send Auto-Responses, and that Rive is merely a technology provider that plays no active role whatsoever in initiating and/or sending Auto-Responses; and (b) you will indemnify and hold Rive harmless, to the fullest extent permitted by law, from any and all claims and losses arising out of sending Auto-Responses to others through the Service. Without limiting the foregoing, you are solely responsible for all fees and charges associated with the sending of any Auto-Responses or other messages through the Service, including, without limitation, any fees or charges imposed by your mobile carrier.
Carrier Service. Your access to use the Service may be subject to separate third party terms of service and fees, including your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
Third Party Services and Linked Websites. The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
Open Source Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.
Profile Content Generally. Certain features of the Service may permit you to upload content to the Service, including photos, text, and other types of works (“Profile Content”) for your account profile. You retain any copyright and other proprietary rights that you may hold in the Profile Content that you submit to the Service.
Limited License Grant to Rive. By submitting Profile Content, you grant Rive a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Profile Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed for the sole purpose of providing you with the Service.
Profile Content Representations and Warranties. You are solely responsible for your Profile Content and the consequences of posting or publishing Profile Content. By posting or publishing Profile Content, you affirm, represent, and warrant that:
you are the creator and owner of the Profile Content, or have the necessary licenses, rights, consents, and permissions to authorize Rive and users of the Service to use and distribute your Profile Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Rive, the Service, and these Terms; and
your Profile Content, and the use of your Profile Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Rive to violate any law or regulation.
Profile Content Disclaimer. Rive may, at any time and without prior notice, screen, remove, edit, or block any Profile Content that in our sole judgment violates these Terms or is otherwise objectionable. For clarity, Rive does not permit copyright-infringing activities on the Service.
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
upload, or distribute any Profile Content or other content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying any account registration information;
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
Modification of these Terms. We
reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please
check these Terms periodically for changes. If a change to these Terms materially modifies your rights or
obligations, you will be required to accept the modified Terms in order to continue to use the Service.
Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications
are effective upon publication. Except as expressly permitted in this Section 12, these Terms may be amended
only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes
arising under these Terms will be resolved in accordance with the version of these Terms that was in effect
at the time the dispute arose.
Term, Termination and Modification of the Service
Term. These Terms are effective beginning when you accept the Terms or download, install, access or use the Service, and ending when terminated as set for in Section 13.2.
Termination. Rive may, at its sole discretion, terminate these Terms, your account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by deactivating your account and contacting customer service at firstname.lastname@example.org.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; and (c) Sections 6.3, 7, 8(c), 10.3, 11, 13.3, 14, 15, 16, 17, and 18 will survive.
Modification of the Service. Rive reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
Indemnity. You are responsible for your use of the Service, and, to the fullest extent permitted by law, you will defend and indemnify Rive and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Rive Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Service not in compliance with these Terms; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, RIVE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR RIVE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RIVE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. to the fullest extent permitted by law, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR CAR, COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT.
YOUR SAFETY AS A DRIVER IS YOUR SOLE RESPONSIBILITY. ALWAYS DRIVE CAREFULLY AND IN ACCORDANCE WITH TRAFFIC LAWS. TO THE FULLEST EXTENT PERMITTED BY LAW, RIVE DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ACTIONS YOU OR YOUR GROUP ACCOUNT MEMBERS TAKE WHILE DRIVING. THE SERVICE SHOULD NOT BE VIEWED OR CONSIDERED AS AN ASSURANCE OF PERSONAL SAFETY. RIVE CANNOT STOP A USER FROM TAMPERING WITH OR DISABLING THE DEVICES USED IN CONNECTION WITH THE SERVICE AND TO THE FULLEST EXTENT PERMITTED BY LAW, RIVE SHALL HAVE NO LIABILITY WITH RESPECT TO A USER’S TAMPERING OF OR DISABLING OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RIVE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS PROVIDED IN SECTION 17.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF RIVE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO RIVE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE LIMITATION OR EXCLUSION OF DAMAGES HEREIN MAY NOT APPLY TO YOU.
Generally. In the interest of resolving disputes between you and Rive in the most expedient and cost effective manner, you and Rive agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Rive will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Rive. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or electronic mail (“Notice”). Rive’s address for Notice is: Rive Technologies, Inc., 349 5th Avenue, New York, NY 10016 or email@example.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Rive may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Rive must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Rive will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Rive in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
Fees. If you commence arbitration in accordance with these Terms, Rive will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Rive for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND RIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rive agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Rive makes any future change to this arbitration provision, other than a change to Rive’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Rive’s address for Notice, in which case your account with Rive will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void.
Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Rive submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, New York for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in New York, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Contact Information. The Service is offered by Rive Technologies, Inc., located at 349 5th Avenue, New York, NY 10016. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Notice Regarding Apple. This Section 19 only applies to the extent you are using our mobile
application(s) on an iOS device. You acknowledge that these Terms are between you and Rive only, not with
Apple Inc. (“Apple”), and Apple is not responsible for the Service and the
content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with
respect to the Service. In the event of any failure of the Service to conform to any applicable warranty,
you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you;
and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever
with respect to the Service. Apple is not responsible for addressing any claims by you or any third party
relating to the Service or your possession and/or use of the Service, including: (i) product liability
claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not
responsible for the investigation, defense, settlement and discharge of any third party claim that the
Service and/or your possession and use of the Service infringe third party’s intellectual property
rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s
subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple
will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a
third party beneficiary of these Terms. You hereby 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.