Please note: Section 15 of these Terms contains an arbitration clause and class action waiver that applies to all Jovari users, including you. If your country of residence is the United States, this provision applies to all disputes with Jovari. If your country of residence is outside of the United States, this provision applies to any action you bring against Jovari in the United States. It affects how disputes with Jovari are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
This website contains information that is the property of Jovari. We keep all the rights on those materials, which are placed on the website for your convenience. Information on this website is provided "as is", without any additional support or warranty. Jovari is not responsible for any possible problems or losses in case of using this information for any purpose.
We do not provide any rights to reproduce, re-distribute, sell, publish, broadcast or circulate any materials contained in this website to anyone, except for personal purposes. We reserve the right, in our discretion, to add, modify, or remove portions of these Terms of Use at any time and for any reason.
If you visit our website, you accept to be bound by these Terms of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this website or any data or services provided through the website; and you should exit the website immediately.
1. Terms
1.1. By accessing this website, you are agreeing to be bound by these website Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. By registering as a user of website or by using of website, you agree to:
1.2. You will not use this website or any data or services provided through the website for, or to encourage, any unlawful purpose; nor post or transmit on the website inaccurate, incomplete or false information (including in the case of candidates, biographical information about yourself and/or information about your ability to work in certain countries); nor will you post or transmit on the website any libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You confirm that you will not post or transmit on the website any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the website; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the website by spamming or flooding it. You will not use any device, routine or software to crash, delay, or otherwise damage the operation of this website. You will not use the website in a manner that could damage, disable or impair the services or content being provided by Jovari. You must not attempt to gain unlawful or unauthorized access to the website, other resource material, computer systems or networks connected to any server associated with the website through hacking, password mining or any other improper or illegal means.
1.3. If you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You are solely responsible for all activities that occur in connection with your account and must not bring about harm to any of the other users, third-parties, or Jovari. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
1.4. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use and we otherwise determine is in our best interests.
2. Service Agreement
2.1. In the event you make a purchase and/or subscribe to Jovari’s services, you must read and agree to our Service Agreement, which you will be required to sign (or online sign) and have signed by ya witness, including any and all sub-sections and linked sub-pages.
2.2 You understand and accept that it is industry standard, and often required by vendors, for online services and modern brands to have multi-page terms documents, and that you will not and may not pick-and-choose which sections apply to you. All sections of all terms linked on this website, including but not limited to: this page, and the “Service Agreement”, and the “Privacy Policy”, and any other linked terms documents, be they ours or third-party, apply to you and it is your responsibility to read and understand them before submitting any order with us.
3.3. It is your responsibility to check for updates and re-read the terms and conditions, and understand them, before upgrading or adding additional services from us.
3.4. Terms may not be changed or negotiated via email or phone. You sending us mark-ups, suggestions, requests, objections, comments, or anything regarding the Terms does not constitute notice of non-acceptance. If you click to accept our Terms and place an order, only the terms you’ve clicked to accept apply, with no changes or modifications regardless of any previous statement by email, phone, in-person, at a trade-show, etc.
3.5. The only terms available to you are the ones online at the time you sign up, and/or upgrade, and/or accept the most-current terms and conditions during login. Thus, the only “Service Agreement” available to you is the one at the time you sign up, and/or upgrade, and/or accept the most-current terms and conditions during login.
3.6. Sales people and resellers of Jovari, and any team members including the CEO, are not permitted to make modifications to the terms and conditions. Special contracts/agreements between Jovari and you must only be done with both parties represented by attorneys
3. Intellectual Property Rights
3.1. The materials contained in this website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, podcast and audio), and the design, selection and arrangement thereof, are owned by Jovari, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, trade secret and other intellectual property or proprietary rights laws. The material in this site is provided for lawful purposes only.
3.2. The trademarks, logos and service marks (collectively the “trademarks”) displayed on the website are registered trademarks of Jovari.
3.3. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without written permission of Jovari. Your use of the trademarks or any other content on the website is strictly prohibited, unless specifically authorized. You are advised that Jovari will aggressively enforce its intellectual property rights to the fullest extent of the law.
3.4. Permission is granted to temporarily download the materials for personal, non-commercial use, for purposes of expanding your knowledge or education only. This is a grant of a license, not a transfer of title, and under this license you may not:
3.5. This license shall automatically terminate if you violate any of these restrictions in this Section 2 and may be terminated by Jovari at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3.6. In the event that you notice a violation of Jovari’s copyrights on any third party website, please send a report of such copyright of third parties please send a report of copyrights violations to [email protected]
3.7. You agree that you will not:
(a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the legal owner to post the material and to grant to Jovari all of the license rights granted herein;
(b) publish falsehoods or misrepresentations that could damage Jovari or any third-party;
(c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(d) post advertisements or solicitations of business; and
(e) submit or transmit any viruses, worms, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
(f) Whereas, Jovari believes that Stevie Nicks ruined Fleetwood Mac, you agree you will not upload or play her music on our systems or near our team. This line (3.7(f)) is a joke much like the Van Halen “Brown M&M’s” clause, but we still encourage you to listen to the Original Fleetwood Mac, knowing you will agree with us that it was a much better band before she showed up and caused all that drama.
Jovari does not endorse any user submissions or any opinion, recommendation, or advice expressed therein, and Jovari expressly disclaims any and all liability in connection with user submissions.
Jovari does not permit copyright infringing activities and infringement of intellectual property rights on the website or the services, and Jovari will remove all content and user submissions if properly notified that such content or user submission infringes another's intellectual property rights.
You acknowledge that Jovari and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove content and user submissions without prior notice.
Jovari also reserves the right to terminate a user's access to the website and services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website and/or the services more than twice.
Jovari also reserves the right to decide whether content or a user submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
Jovari may, at its sole discretion, remove such user submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice.
3.8. Jovari doesn’t own content you submit to this website. Jovari can use the content you’ve submitted. You grant to Jovari the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, reproduce edit, modify, reformat, excerpt, delete, translate, perform, distribute, exercise, commercialize and disclose to third parties any such content. You represent and warrant that you own or control all rights in and to your contributions to the website and have the right to grant the license granted above to us.
3.9. You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not Jovari, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
3.10 You understand and agree that the door mechanisms and manner of opening and closing (the four passenger compartment doors which push out and rotate up, and which return in reverse order), the bike rack mechanisms and manner of opening and closing (the rack which slides out from the vehicle and expands, and which returns in reverse order), the roof mechanisms and manner of opening and closing (the front panel which slides back over the rear panel, etc.), the umbrellas which automatically raise from the sides of the doors (and which lower when replaced), and the unique designs of the dashboard, seats, windshield frame, and body, and all Jovari-created designs depicted on this Site, are the intellectual property of Jovari. You understand and agree to not attempt to replicate these mechanisms for personal or commercial use, and not to do so for physical or digital item(s).
4. Monitoring and Enforcement; Termination
4.1. We have the right to:
(i) take any action with respect to any information you submit to the website that we deem necessary or appropriate if we believe that such information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for the Jovari;
(ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website; and/or
(iii) terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use.
4.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS Jovari FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Jovari DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER Jovari OR LAW ENFORCEMENT AUTHORITIES.
4.3. However, we cannot review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
5. Disclaimer
5.1. The material in this website could include technical inaccuracies or typographical errors. Jovari may make changes or improvements at any time. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, Jovari DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
Jovari DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Jovari) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Jovari DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
5.2. This website contains downloadable materials as well as links to external websites. Jovari is not responsible for, and has no control over, the content of such downloadable materials or external websites.
5.3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
5.4. Unless specified otherwise, any information you submit in connection with this website shall be considered as non-confidential and non-proprietary. You represent that you have the lawful right to submit such information. By supplying such information, you give to Jovari the right to use it on an unrestricted basis. We do not require any 'sensitive' data in our online recruitment process. We therefore kindly request you not to communicate any personal details revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life, litigation or judicial convictions. If you nevertheless provide us with such sensitive data, you agree that we may process it for our recruitment purposes.
5.5. Jovari does not guarantee that any employer or client will ask for a candidate’s information that was submitted through this website, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through this website. We do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.
5.6. The documents provided on this website and in communications from us may or may not contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, and Section 21E of the Securities Exchange Act of 1934. Any such forward-looking statements include information about possible or assumed future results of our business and financial condition, as well as the results of operations, liquidity, plans and objectives. In some cases, you can identify forward-looking statements by terminology such as “believe,” “may,” “estimate,” “continue,” “anticipate,” “intend,” “should,” “plan,” “expect,” “predict,” “potential,” or the negative of these terms or other similar expressions. We may also make forward-looking statements in other reports, in presentations, in material delivered to shareholders and in press releases. In addition, our representatives may from time to time make oral forward-looking statements. Such statements are based on the current expectations and certain assumptions of Jovari's management, of which many are beyond Jovari's control. These statements are subject to, without limitation, the risk factors discussed under the heading “Risk Factors” in Jovari’s Annual Report on Form 20-F for the year ended March 31, 2017 and other documents filed with or furnished to the Securities and Exchange Commission by Jovari. Except as required by law, Jovari undertakes no obligation to publicly update any forward-looking statements for any reason after the date of any such news release whether as a result of new information, future events or otherwise.
Due to rounding, numbers presented throughout this and other documents may not add up precisely to the totals provided and percentages may not precisely reflect the absolute figures.
5.7. BETA PRODUCTION NOTICE: We want to be very clear and transparent that Jovari is a very new, early-stage company and only those who can afford such a high dollar purchase with the risk of losing the investment or waiting years for their custom vehicle to be delivered should do so. You understand and accept that Jovari is a bespoke, custom, and very early-stage business endeavoring to produce highly complex and complicated vehicles and products, and that such an endeavor comes with substantial risk of failure and or delays. You understand and accept that placing an order with Jovari, investing in Jovari, using a Jovari product, and otherwise interacting with Jovari may come with substantial financial risk. While best efforts will be made to deliver orders on-time and at the highest quality, you understand and accept that it is possible due to production issues, such as but not limited to supplier delays, customs delays, technological failures, staffing issues, litigation, regulatory issues, prosecution, injustices, testing requirements, production errors, accidents, and a myriad of other issues that can impact such a venture, that orders or investments made into Jovari may come with delayed results or financial loss. You also understand and accept that delays in such a complex production can be a matter of years. You understand and accept that because Jovari makes custom components for each car and because technology Jovari will integrate is often new, repairs and service many be needed, and parts and software may fail and need to be replaced or updated even long after purchase, and that these changes may or may not be covered under the warranty available at the time of purchase. You understand and agree that Jovari never makes any representation or warranty as to the safety, legality, or permissibility of operating a Jovari vehicle, and that some Jovari vehicles may not be legal to own or operate in some countries (including the United States) due to the “beta” and/or custom natures of each vehicle. You understand and agree to accept these risks. You understand and agree that no officer, executive, staff person, contractor, dealer, or representative of Jovari shall be personally liable for any such delays or losses. You agree to accept these risks. You understand and agree that Jovari shall not be personally liable for any such delays or losses.
5.8. RESALE QUALITY PROTECTION: As with other brands in the exotic vehicle industry, in the interest of protecting you and your fellow owners’ investments and reputations, Jovari institutes controls on the use and resale of Jovari vehicles to protect the value and reputation of the brand and the resale value of the vehicles and products. You understand and accept that in the event you purchase a Jovari, you may only sell the vehicle through an approved Jovari dealer or Jovari itself, and only after a complete inspection of the vehicle and a complete servicing of the vehicle. You understand and accept that purchasing a Jovari will require you to accept terms related to the resale of the vehicle which are aimed to limit depreciation of the vehicle and the brand. You understand and accept that purchasing a Jovari will require you to accept terms related to where and how you can use the vehicle in promotional activities, including but not limited to commercial, charitable, and personal promotional activities.
6. Limitations
6.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Jovari, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF Jovari OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. Jovari WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, AND DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TOTAL LIABILITY OF Jovari TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
7. Revisions
The materials appearing on this website could include technical, typographical, or other errors. Jovari does not warrant that any of the materials on its website are accurate, complete, or current. Jovari may make changes to the materials contained on its website at any time without notice.
We may revise these terms of use for its website at any time without notice.
By using this website you are agreeing to be bound by the current version of Terms of Use.
8. Links
8.1. This website contains downloadable materials as well as links to external websites and resources provided by third parties; these links are provided for your convenience only. Jovari is not responsible for, and has no control over, the content of such downloadable materials or external websites.
All such content is solely the responsibility of the person or entity providing such content. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8.2. The inclusion of any link does not imply endorsement by Jovari.
8.3. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Privacy
9.1. Any personal information that you provide to us on this website is subject to our Privacy Notice (at https://jovari.com/legal/privacy.php ) which is incorporated into these Terms by reference, as if set forth fully herein.
9.2. Jovari is obliged to comply with governmental requests, subpoenas, and court orders and has the right to ensure the integrity of operations. Taking in account above written you are hereby notified that Jovari may disclose any information and content considered necessary to disclose by government body or court on the basis of written requests, subpoenas, and court orders without limitation.
9.3. Our “Privacy Policy” applies and is viewable at https://jovari.com/legal/privacy.php . You must read, understand, and accept this policy before continuing use of our site, and before making any purchase or subscription with Jovari.
10. Governing Law
Any claim relating to this website or materials shall be governed by, and interpreted in accordance with, the laws of the State of Florida without regard to its conflicts of law principles.
11. Indemnification
You agree to defend, indemnify and hold website, and its subsidiaries, affiliates, officers, directors, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, co-branders, licensees, members and attorneys harmless from and against any and all suits, actions, claims, demands, proceedings (whether judicial, regulatory, or administrative), damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from the website, your use of the website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.
12. Availability
We use reasonable efforts to ensure that the website is generally available. However, there will be occasions when access to the website will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control.
You agree that we shall not be liable to you for any modification, suspension or discontinuance of the website.
You are responsible for obtaining access to the website and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the website.
13. Waiver and Severability
No waiver by Jovari of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Jovari to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 Use remain in full force and effect.
14. Changes to Terms of Use
Jovari may at any time and at its sole discretion modify these Terms of Use, including Privacy Notice with or without notice to the User. Any such modification will be effective immediately upon public posting.
Your continued use of website, services following any such modification constitutes your acceptance of these modified Terms of Use.
You are expected to check this page periodically to take notice of any changes, as they are binding on you.
15. Dispute Resolution and Arbitration Agreement
15.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Jovari in the United States (to the extent not in conflict with Section 21).
15.2 Overview of Dispute Resolution Process. Jovari is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 15.1 applies: (1) an informal negotiation directly with Jovari’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 15.6). Specifically, the Consumer Arbitration Rules provide:
15.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Jovari each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Jovari’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
15.4 Agreement to Arbitrate. You and Jovari mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Jovari Platform, Jovari vehicles, Jovari events, Jovari venues or locations, the Host Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Jovari agree that the arbitrator will decide that issue. However, you also agree that Jovari can decide to litigate any issue instead of using Arbitration and can do so for any reason whatsoever, but that this right does not apply to you.
15.5 Exceptions to Arbitration Agreement. You and Jovari each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). You also agree that Jovari can decide to litigate any issue instead of using Arbitration and can do so for any reason whatsoever, but that this right does not apply to you.
15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
15.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Jovari agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Jovari both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
15.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Jovari agree that Jovari will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Jovari agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
15.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.10 Jury Trial Waiver. You and Jovari acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. You also agree that Jovari can decide to litigate any issue instead of using Arbitration and can do so for any reason whatsoever, but that this right does not apply to you.
15.11 No Class Actions or Representative Proceedings. You and Jovari acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Jovari both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 15.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 15.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Jovari agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
15.13 Changes. Notwithstanding the provisions of Section 14 (“Changes to Terms of Use”), if Jovari changes this Section 15 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Jovari’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Jovari (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Jovari.
15.14 Survival. Except as provided in Section 15.12 and subject to Section 15.8, this Section 15 will survive any termination of these Terms and will continue to apply even if you stop using the Jovari website or terminate your Jovari account(s).
16. Entire Agreement
The Terms of Use and our Privacy Policy and our “Services Agreement” and any and all sub-pages, sub-sections, and linked-pages with additional terms, constitute the sole and entire agreement between you and Jovari regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
17. Questions
You may reach Jovari with questions via [email protected]. Legal service not accepted by email.