MOBILE22 INC PRIVACY STATEMENT
(Updated July 20, 2020; Version 1.0)
This Privacy Statement (this “Privacy Statement“) explains how Mobile22 Inc., a Delaware corporation (“Mobile22“, “we“, “our” and “us“), may collect, use, and share your personal information when you use or interact with Mobile22 products and services, https://www.mobile22.com/ (our “Site“) and our mobile application (the “Mobile App“) (collectively, “Mobile22 Services“). This Privacy Statement does not apply to other products and services even if accessed via the Mobile App. By using Mobile22 Services, you consent to and accept our use and other processing of your personal information as set forth in this Privacy Statement. If you do not agree with the terms of this Privacy Statement, please do not submit any personal information to us and please do not use the Mobile22 Services. If you have any questions or complaints regarding our Privacy Statement or practices, please contact us at email@example.com or one of the other ways provided below.
PERSONAL INFORMATION WE COLLECT
We collect personal information through your use of Mobile22 Services and related marketing events. We may also collect your personal information from licensees, affiliates, dealers, partners, service providers, and other third-party service providers and subcontractors (collectively, “Service Providers”). We collect the following types of your personal information: Information about you and your accounts with us. This includes your name, address, telephone number, date of birth, photographic image, e-mail address, login information, ride request information (including pickup and dropoff locations), demographic data, account password and/or PIN, emergency contact information, and billing information (your credit card number, CVV code and expiration date). We use this information to verify your identity, complete your account activation and to provide to you Mobile22 Services. Information about your device and how you interact with Mobile22 Services. When you visit our Site, we automatically collect your IP address, browser type, device location, unique device identifier, cookie data, associated identifying and usage information from your mobile phone, laptop, or other device. We collect and use such personal information to personalize your Mobile22 Services experience. We may also record information about your browsing session on our Site, including which pages you visited and any forms you filled in. We review this information to identify any technical issues in the operation of our Site and to improve the user interface of our Site. If we use a third-party to help us with this service, this information will be passed to that third-party for this purpose. When you download and use the Mobile App, we may use mobile analytics software to help us better understand the functionality of the Mobile App on your mobile device. Our analytics may record how often you use the Mobile App, how you use the Mobile App, aggregated usage performance data and from where you download the Mobile App. In addition, you may elect to provide us access to certain information such as your mobile device photographs and camera. If you grant us such access, this enables drivers to verify your identity prior to beginning a requested ride.
HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information in order to: provide you access to Mobile22 Services; assist drivers with providing you with your requested ride; improve the quality, safety, and security of Mobile22 Services; develop new products and services including, without limitation, cab products and services; maintain customer relationships and communicate with you; personalize your experience; administer your account including verification of your identity; process your payments; operate our Site and applications, including our online registration processes; provide customer support and service; provide product and service updates; evaluate and maintain the quality, safety, security and integrity of our products and services; for research, evaluation of use, and troubleshooting purposes; protect the safety of you or others; verify eligibility for incentive and discount programs and to evaluate ongoing program and membership eligibility; perform and/or send marketing communications, including interest-based marketing and advertising (with required consents, as applicable); administer quizzes, surveys, promotions and offers; customize and improve communication content and your experience with Mobile22 Services; comply with legal, regulatory or contractual requirements; detect and deter fraud, theft or abuse of Mobile22 Services; assist emergency service providers; and engage in other activities in the normal course of operating a cab service. We may also use your personal information for any other purpose with your consent. Where required, we will anonymize your personal information in a way that it can no longer reasonably be associated with you. We may use anonymized personal information or share it with third parties for any legitimate business purpose including, without limitation, general demographic and general marketing purposes.
Communications with you in connection with these uses may be made via mail, telephone, e-mail, text message and other electronic messages through Mobile22 Services. See “Your Choices” below to learn how to manage your communication preferences.
HOW WE SHARE YOUR PERSONAL INFORMATION
We may share your personal information as follows for the uses described above (and where required we will obtain additional consent or anonymize your personal information):
Electronic Vehicle Original Equipment Manufacturers (OEM): With Tesla and/or any other Mobile22 Vehicle fleet partners.
Emergency Service Providers: With emergency service providers, such as law enforcement, roadside assistance providers, and ambulance providers.
Business Partners and Independent Third Parties: With business partners, such as research institutes who assist us with research and development (for example, improving highway safety), OEM fleet providers, for service maintenance of the Vehicles, and marketing activities. We may also share your personal information with third parties where you have elected to receive a service from them and you have authorized them to request data from Mobile22.
Service Providers: With our third-party product and service providers including, without limitation, companies that perform eligibility services (such as identity verification to prevent theft and fraud), administer our contests and promotions, host and/or operate our Site, send communications, perform data analytics, credit card processors, or system providers necessary to process, store, or manage credit card personal information (we will not otherwise share your credit card personal information).
Where Required or Permitted by Law: Such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others, to detect, investigate and prevent fraud, or to conduct screening to ensure you are not on any government list of restricted parties.
Business Transfers: In connection with a corporate transaction, a prospective or completed sale, transfer, restructuring, bankruptcy or financing of Mobile22 or its assets.
You have certain choices regarding how we use and share your personal information. For example, you can restrict our access to and our ability to collect and share the location of your mobile device by disabling location-sharing in the settings feature on your mobile device. However, some of the products and services require access to and collection of the location of your device (for example, we require your mobile device’s location to start and complete your requested ride). If you elect to restrict our access to location-sharing services on your device, your ability to use Mobile22 Services may be severely limited. In addition, data collection, use, and sharing practices are tied to the products and services we offer. To stop the collection, use, or sharing of personal information, you may have to decline those products and services or be willing to accept limited functionality. You may choose to limit the marketing communications we send you by managing your subscriptions. You may also contact us directly, at firstname.lastname@example.org to indicate your communications preferences. We provide opt-out instructions in all of our marketing communication channels (for example, an unsubscribe option will appear at the bottom of all marketing-related e-mails). If you opt out of marketing communications, your personal information may still be used for the other purposes described in this Privacy Statement including communications we are required or permitted by law to send to you (for example, certain types of transactional or account-related messages). You may permit us to send you push notifications. We will use push notifications to provide certain services such as emergency or other service notifications, Vehicle arrival notifications, and providing details regarding Mobile22 Services. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. If you have elected to share your geolocation with us, push notifications may also be used in conjunction with or related to your location. If you change your mind about sharing your location or receiving push notifications from the Mobile App, adjust the settings of your mobile device to turn off transmission of geolocation data or to stop transmission of push notifications at any time. For additional personal information about your choices, please contact: email@example.com.
COOKIES AND OTHER TRACKING TECHNOLOGIES
If you are a California resident, you have the right to receive specific information about how we disclose your personal information to others for marketing purposes and your related choices. Pursuant to California Civil Code Section 1798.83(c)(2), we will not share your personal information with other parties for direct marketing use unless you agree that we may do so or as provided for in this Privacy Statement. If you are a California resident under the age of 18 and you have publicly posted any information on our Site or on the Mobile App, California Business and Professions Code Section 22581 permits you to request and obtain removal of the content or information you have publicly posted. If you wish to make such a request, please send an e-mail with a detailed description of the specific content or information to firstname.lastname@example.org. Please be aware that there may be circumstances in which the law does not require or allow us to remove information even if you have made such a request.
Most web browsers and some mobile operating systems and mobile applications include a Do Not Track (DNT) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will update our policy related to such DNT signals in this Privacy Statement.
THIRD-PARTY SERVICES, APPLICATIONS AND WEBSITES
Certain third-party services or applications (for example, your carrier data plan, navigation services) you download, that are pre-installed, or which you may sign up for may have separate user terms and privacy statements, which are independent of our Privacy Statement. Mobile22 is not responsible for the personal information practices of these third-party services or applications. We recommend that you carefully review the user terms and privacy statement of each third-party service or application prior to signing up, downloading, or using them.
Google utilizes IP address information to evaluate your use of our Site, compile reports on website activity and to provide further services related to our Site. The IP address transferred through your browser to Google Analytics will not be combined with other data held by Google. In addition, our Site uses the Analytics feature UserID to track interaction data. This User ID will be additionally anonymized and encrypted and will not be linked with other data. You can prevent the storage of Cookies by changing your browser software settings; however, if you do this, you may not be able to use all the features of our Site to the fullest extent possible.
ACCESS AND UPDATES TO YOUR PERSONAL INFORMATION
You can access your online account to view or update your information related to and stored on your account. You may also contact email@example.com to learn about how to access, review, correct, update or delete the personal information about you in our records. We may need to retain certain personal information for recordkeeping purposes, to complete any transactions that you began prior to your request or for other purposes as required or permitted by applicable law.
HOW WE SAFEGUARD YOUR PERSONAL INFORMATION
We maintain commercially reasonable procedures and technology designed to prevent the unauthorized access of your personal information that you provide to us. Mobile22 Services has reasonable technical, administrative and organizational security measures in place to protect the loss, misuse or unauthorized alteration of information under our control. However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures or otherwise obtain access to your personal information.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We generally keep your personal information only for so long as necessary to provide Mobile22 Services to you including, without limitation, to enable us to communicate with you, for your safety, for our research, evaluation of use, or troubleshooting purposes, as well as to operate our business, or to satisfy our legal or contractual obligations. Where required or appropriate, we will anonymize or dispose of your personal information when we no longer need it for the uses described above.
We do not knowingly collect personal information from children under 13 years of age. If you become aware that a child has provided us with personal information without parental consent, please contact us via e-mail at firstname.lastname@example.org. If we become aware that a child under 13 years of age, we will take steps to remove such personal information and terminate the child’s account.
INTERNATIONAL DATA TRANSFERS
We store your personal information on servers located in the U.S. If you reside outside the U.S., please know your personal information will be transferred, processed and stored on third-party servers in the U.S., which the EU has deemed to have inadequate safeguards. Since individuals who are not residents of the U.S. are ineligible for the cab services provided by Mobile22, Mobile22 Services is not intended for non-U.S. residents. Accordingly, we request that non-U.S. residents refrain from providing us personal information and to refrain from utilizing Mobile22 Services.
CHANGES TO THIS PRIVACY STATEMENT
We may update this Privacy Statement from time to time as our business, products and services expand or change, or as required to by law. If we do, we will post the updated version of the Privacy Statement on our Site. Your continued use of Mobile22 Services shall be construed as your implied consent to the Privacy Statement updates.
Unless otherwise required by applicable law, this Privacy Statement, and Mobile22’s collection and use of personal information, shall be governed and interpreted in accordance with the laws of the U.S. and the State of Wisconsin.
By using Mobile22 Services, you are consenting to our processing of your personal information as set forth in this Privacy Statement now and as amended by us from time to time. “Processing” means using Cookies on a computer/mobile device or using or touching your personal information in any way, including, but not limited to, collecting, storing, deleting, accessing or transferring, combining and disclosing personal information, all of which activities will take place in the U.S.
HOW TO CONTACT US
If you have concerns or questions regarding Mobile22’s consumer privacy practices or this Privacy Statement, please visit our Site at https://www.mobile22.com/, e-mail us at email@example.com. You may also contact us by regular mail at 821 E. Washington Ave., Suite 200. Madison, WI 53703.
MOBILE22 DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH MOBILE22 AS A PROVIDER OF TRANSPORTATION SERVICES AND THAT IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE SCHEDULED THROUGH THE SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
PLEASE NOTE THAT SEPARATE TERMS AND CONDITIONS MAY APPLY TO THE TRANSPORTATION SERVICES YOU PURCHASE OR RESERVE.
2. USERS. You may simply browse the Services, or you may register with Mobile22 and create an account ("Account"). Visitors agree not to attempt to access Member areas of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You must have an Account to purchase and reserve Transportation Services. If we believe or suspect that any information you provide us is not true, accurate, current or complete, we may deny or terminate your access to the Services (or any portion thereof).
4. PRICING AND PAYMENT. Although we do not provide Transportation Services, we permit you to pay for any Transportation Services offered by Transportation Providers through the Services. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience, but no later than thirty (30) days from the date of your submission. You agree that when you use the Services to request or pay for a ride that any amounts charged following a ride are mandatory and due and payable immediately no later than the date and time your ride is completed. Charges may include applicable fees, fares, tolls, surcharges, and taxes plus any tips to the Transportation Provider you elect to pay. Mobile22 has the authority and reserves the right to determine and modify pricing by posting applicable charges for the Services. You are responsible for all charges incurred under your Account regardless of your awareness of such charges or the amounts thereof. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We may seek authorization of your credit card to validate your ability to pay the applicable charges at the time that you initiate a request for Services. The authorization is not a charge; however, the authorization may reduce your available credit by the authorization amount until your bank's next processing cycle.
7. MOBILE SERVICES.
a. By accessing and using the Services you acknowledge and agree that you may receive certain communications from the Services (such as SMS, text messages, e-mails, or other electronic communications collectively referred to herein as "Electronic Communications"). Please note that by accessing and using the Services, or by using certain Application or Site features, such as receiving or sending Electronic Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use ("Carrier") and you are solely responsible for the payment of such fees.
b. When you use the Services, we may also collect location information from the location tracking functionality on your device (global positioning system (GPS) data and geolocation) to assist us in completing your Booking including, without limitation, assisting Transportation Providers in completing pick-up and drop-off related to your Booking and monitoring and analyzing traffic and Transportation Provider routes. You may authorize us and the Services to take such actions and access such data through your mobile device settings. You can grant or revoke your consent at any time and prevent us from continuing to access your location information by changing the settings on your device. If you choose to share your location information with us (including location-related information provided by your Carrier or other applications), you acknowledge and agree that: (a) such information will be made available to Transportation Providers when you request Transportation Services; and (b) Mobile22 makes this information available upon your request and is not responsible for: (i) the correctness of your location information; or (ii) any use of your location information by authorized third parties including Transportation Providers.
c. If you request to receive updates or other information by mobile phone or text message, you consent to receiving text messages from us and our otherwise communicating with you via your mobile device. We do not charge for this service; however, your carrier's standard messaging, data and other rates and fees still may apply to any messages you send and receive, our confirmations, and all subsequent SMS correspondence and/or transmissions. You should check with your carrier to learn about your plan and how much such text messages may cost you. All charges are billed by and payable to your mobile service provider. At any time, you may text STOP to no longer receive such text messages or HELP to receive customer support information. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
e. Maps. Certain features of the Services require access to and use of your device's maps features or other third-party map applications. Although you may decide whether or not to use these features, any use of those features will be subject to the terms and conditions applicable to such map features and third-party applications. By using the Services, and depending on your device's operating system, you may also agree to the Google Maps end-user terms located at http://www.google.com/intl/en_ALL/help/terms_local.html (as may be changed from time to time by Google). It is your sole responsibility to review the terms and conditions that apply to Google Maps before using it; this Agreement does not apply to any activities conducted via Google Maps. Likewise, by using the Services, you may also agree to the Apple end-user terms located at http://www.apple.com/legal/sla/ (as may be changed from time to time by Apple). It is your sole responsibility to review the terms and conditions that apply to Apple mobile devices before using it.
9. MOBILE APPLICATION.
b. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license (e.g., the Apple iPhone or Android app stores ("App Store")). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store's terms and policies) when using the Application and the Services. You acknowledge and agree that the following applies to any App Store Sourced Application:
10. RULES REGARDING INFORMATION AND OTHER CONTENT. When you access Mobile22 social media pages, you obtain access to various kinds of information and materials, all of which we call "Content". You are entirely responsible for each individual item of Content that you post, publish, submit or make available through Mobile22 social media pages ("Your Content"), and, as between you and us, you retain ownership and any intellectual property rights in Your Content. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to Your Content. You agree that any of Your Content or any derivative works thereof, except for any personally identifiable information you submit in regards to your Account or a Booking, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information on Mobile22 social media pages, we will not be liable for such disclosure. We do not grant you any rights in any Content available on the Site or the Application (other than Your Content), except you may use any such Content for your personal and non-commercial use.
With regard to all Mobile22 social media pages, you represent and warrant that you will not post or use any Content in any manner that:
11. GENERAL RULES OF USER CONDUCT. It is our goal to make your access to our Services a positive experience. You agree not to, and represent and warrant that you will not: (a) use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (b) access the Services for any purposes other than for which the Services are being provided to you; or (c) do any of the following:
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including data or mobile device plan fees, which you incur when accessing the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. Mobile22 does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications
12. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively "Feedback"), you agree we may use the Feedback to modify our Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback through the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
13. MODIFICATIONS TO THE SERVICES. We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease use of and access to the Services. Continued use of or access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. If you want to terminate any Services, you may do so by: (a) sending us an e-mail to firstname.lastname@example.org requesting your Account be deleted; and (b) deleting the Application from your mobile device. Upon receiving your request, we will delete your Account and any related Content within a reasonable amount of time thereafter. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
14. THIRD PARTY CONTENT. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites.
15. DISCLAIMER OF WARRANTIES. THIS SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MOBILE22 "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOBILE22 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
16. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.
WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SERVICES PROVIDED BY TRANSPORTATION PROVIDERS, OR FOR ANY ISSUE RELATED TO TRANSPORTATION SERVICES. THE TRANSPORTATION PROVIDERS ARE INDEPENDENT CONTRACTORS OF MOBILE22 AND NOT AGENTS NOR EMPLOYEES OF MOBILE22. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH TRANSPORTATION PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, INCLUDING THE ACTS OF TRANSPORTATION PROVIDERS, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOUR BOOKINGS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY; AND (II) TEN DOLLARS ($10.00).
Under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from forces or causes beyond our reasonable control including, without limitation, inclement weather and road conditions, independent acts of the Transportation Provider, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Mobile22 assumes no responsibility for lost or damaged baggage, personal belongings, or any items left in a vehicle. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
18. RELEASE. You hereby release Mobile22, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: (i) your use of the Services; or (ii) your purchase or use of any Transportation Services. You understand that Mobile22 does not currently conduct criminal background checks on its Transportation Providers. Mobile22 makes no representations or warranties as to the conduct or reliability of Transportation Providers.
21. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
a. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Mobile22 may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Wisconsin law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services or Transportation Services.
d. 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 secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dane County, Wisconsin. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dane County, Wisconsin, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dane County, Wisconsin for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
e. With the exception of Section 21(b) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, if (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Company shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Dane County, Wisconsin. By using the Services in any manner, you agree to the above arbitration provision.
f. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at ADR.org.