Effective January 1, 2020
Effective January 1, 2020
Because transparency is important to us, we want you to have all the information about your Fair experience available to you at any time. Whether you're the kind of person who likes to skim the highlights, dig into details, or pore over a good legal document, we've got everything about how to use the Fair app and services right here, right at your fingertips. Enjoy!
"We," "us," "our," and "Fair" means Fair Servicing, LLC or Fair Rideshare Servicing, LLC, and/or its current or future affiliates, agents, assignees, and service providers.
"You" and "your" means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any mobile application, product, service, or account that you download, request, administer, use, or access from or with us.
"Services" refers to any product or service made available through or by Fair.
You agree that your access and usage of the App will comply with all applicable federal, state, and local laws, including the California Consumer Privacy Act of 2018, and any industry guidance that may be applicable.
We do not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third party through the Services, App, or Website. If you use any product or service offered by a third party in conjunction with the Services, App, or Website, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third party product or service; (ii) we do not control the third party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third party.
The App and the Services are offered and available to users who are 18 years of age or older. Further eligibility requirements must be met to obtain a vehicle. By using this App or accessing the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or the Services. You further represent and warrant that (a) 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 (bi) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to update your contact information with us, including your email address, through the account settings in the App. We may require that you update your App and/or Website account password and/or username from time to time.
Please note, we may be unable to fulfill Services in a language other than English. Our communications to you may be in English only. If you are not fluent in English, please consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future communications in English.
For purposes of this Arbitration Agreement, the terms "we," "us" and "our" also include our officers, directors, employees, agents, affiliates, successors, and assigns.
Dispute Resolution Without Courts, Judges, or Juries. You and we agree that upon demand by either you or us, regardless of when they arose, any Covered Disputes between you and us will be resolved by the arbitration process outlined in this section. This means:
Binding Arbitration. Binding arbitration lets a neutral and independent third party (the "arbitrator") resolve a Covered Dispute instead of the court system, judges or juries.
In the arbitration of a Covered Dispute, that neither you nor we will be entitled to:
Moreover, the information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit. Other rights that the parties might have in court may not be available in arbitration.
Arbitration Procedures. Each arbitration, at the claimant's election, will be administered by and under the rules of the American Arbitration Association ("AAA"), https://www.adr.org. If AAA is unable to serve and the parties cannot agree on a substitute, a court with jurisdiction shall select the arbitrator. A single arbitrator shall be appointed in accordance of the administrator's rules. The arbitrator must be a member of the state bar where the arbitration is held with more than 10 years of experience or a retired judge and must have expertise in the substantive laws applicable to the subject matter of the Covered Dispute.
The arbitrator shall apply applicable substantive law in deciding the dispute. The arbitrator may award any relief available in court on an individual claim consistent with the constitutional standards applicable in judicial proceedings. At the request of any party, the arbitrator shall write a brief explanation of the basis of his or her award. If you demand arbitration first, you will pay the claimant's initial arbitration filing fees or case management fees required by the applicable rules up to $250, and we will pay or reimburse you for any additional initial filing fee or case management fee. We will pay the entirety of the filing fees and/or case management fees if we demand arbitration first. We shall pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. You may ask the applicable arbitration administrator to reduce or waive your fees, or ask us to voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim. We will always pay any costs and fees required by applicable law or that are necessary to enforce this Arbitration Agreement.
Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim or dispute (i.e., the party seeking money damages or other relief) is responsible for starting the arbitration proceeding. Thus, if you assert a claim against us in court, and we elect to arbitrate that claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
You and we each acknowledge and agree that in this relationship:
Small Claims Not Affected. Notwithstanding anything to the contrary in this section, this Arbitration Agreement does not affect your or our right to pursue disputes in small claims court (or your state's equivalent court) in the state where you reside if the court has jurisdiction over the dispute and the dispute remains in that court. However, if the dispute is transferred, removed or appealed to a different court, it shall be subject to arbitration.
Appeal. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA. However, if the amount of the dispute is more than $25,000, any party will have 30 days to appeal the award by notifying the arbitration administrator and all parties in writing. The administrator will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court with jurisdiction. An arbitration award and any judgment confirming it cannot be used in any case or arbitration except to enforce the award.
If the App or Services contain links to or accepts links from other sites and resources provided by third parties, these are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such third party resources, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of use for such websites. Any concerns regarding any such service or resource or any link thereto, should be directed to the particular outside service or resource.
You understand that we cannot and do not guarantee or warrant that the App or Services 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 App for any reconstruction of any lost data.
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL WE OR OUR LICENSORS, OR OUR 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 APP OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP 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 OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.