Terms of Service

Last Updated: September 26, 2025

This Terms of Use (this “Agreement”) governs all usage of the Platform offered by CurCar, d/b/a CurCar (CurCar). By using the Platform or any part of it in any way, you agree to this Agreement effective on the date that you first use, access or make payment for or relating to the Platform (the “Effective Date”). Certain other agreements described below incorporate this Agreement.

IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY ARE AT LEAST EIGHTEEN YEARS OF AGE OR ANY HIGHER AGE IN THEIR JURISDICTION THAT IS REQUIRED TO FORM A BINDING CONTRACT AND THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY OR DOES NOT AGREE WITH THIS AGREEMENT, SUCH INDIVIDUAL MAY NOT USE THE PLATFORM.

This Agreement is subject to occasional revision. If CurCar makes substantial changes, CurCar may notify you by sending an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes within the interface of the Platform itself. You are responsible for providing CurCar with your most current email address. In the event that the last e-mail address that you provided CurCar is not valid, or for any reason is not capable of delivering to you the notice described above, CurCar's dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement will be effective immediately for you if the revised Agreement is displayed to you before your first use of the Platform. Otherwise, changes to this Agreement will be effective 30 calendar days after the earliest of the dates that CurCar either emails you notice of the revision or posts notice of the revision on the Platform. Your continued use of the Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by this Agreement as so amended.

Overview

The Platform allows detailers to create profiles and market their services to customers located near them.

All payments with CurbCar are free. Detailers can choose from two plans. Free plans are $0.00 a month with a 15% commission, Pro plans are $57.00 a month or 600$ a year with a 7% commission. We reserve the right to adjust these fees at any time. You will be informed of fee changes via email or in-app notifications, and if you choose not to accept the fee changes, you can cancel the service at any time. We do not offer refunds for fees that you have already paid.

CurbCar uses Stripe to execute online payment transactions. By using this feature of the Platform, you agree to be bound by the Stripes Agreement, available at https://stripe.com/legal. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the Platform does not successfully complete, the payee reserves the right to seek payment from you via or outside the Platform. Any authorization you provide to make repeating automatic payments using the Platform will remain in effect until cancelled.

By providing us with your card information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize on the Platform. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you, and may disclose your personal information when necessary to comply with the law. We do not handle any processing nor do we store any payment information. This is all handled by Stripe.

We use third-party identity verification services to help ensure that users are who they say they are prior to enabling certain features of the Platform. Once your identity has been verified, we may also display a badge or other indicator to let other users know that you’ve successfully completed the verification process. However, we neither control nor guarantee the accuracy of any identity verification service (we cannot prevent all scams), so you should always take the same precautions in dealing with others through our Platform that you would in person.

As a "Detailer" meaning that you upload Content to the Platform or publish Content through the Platform and are subject to this Agreement’s provisions relating to Detailers.

As a "Customer" meaning that you have purchased services from local Detailers.

The Platform includes some features that you may use at no cost (“Free Features”). Except as this Agreement otherwise expressly states, your use of Free Features is subject to this Agreement to the same extent as your use of any other features of the Platform.

Your use of the Platform in all ways is subject to this Agreement and, depending on how you choose to use the Platform, to separate additional agreements between you and either CurbCar or other Users or both.

Responsibility

You must be 18 years old to use CurbCar. Banks require that.

You must be in the US to sign up as a Detailer or a Customer.

You must be a human. Accounts registered by "bots" or automated methods of access are not permitted. No screen-scraping, reproducing, or aggregating information or content on the Platform.

Use of the Platform does not give you ownership of any intellectual property rights in the Platform or any content posted on the Platform. You own what you post on the Platform (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, distribute, and make use of the content in connection with providing the Platform. These terms exist for all information and content you post so long as you have an active account.

You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address up to date, so we can send you important notices. Your payment histories will be reported to the Internal Revenue Service when we are required by law to do so.

You are responsible for keeping your password and account secure.

You are responsible for the accuracy of everything that is posted or submitted under your account.

We are not responsible for the accuracy of anything another user posts or submits to the Platform.

We are not responsible for the conduct of users on or off the site. Use common sense when doing business with other users.

You may not use the Platform for any illegal purpose. You may not, in using the Platform, violate any laws in your jurisdiction or ours, or infringe on the privacy, intellectual property or any other rights of anyone (ours or third parties). To use the Platform, you are required to comply with all applicable federal, state and local laws, rules, and regulations, including, without limitation, tax laws and regulations and reporting obligations arising therefrom. You may not use the Platform as part of any fraudulent scheme or transaction. If we have reason to suspect your account has been used for an unauthorized or unlawful purpose, you agree that we may disclose to the relevant authorities your information, including, without limitation, your account information and any information relating to your Platform transactions.

You may not abuse, harass, threaten, impersonate, or intimidate other CurbCar users.

You also may not post anything on CurbCar that contains or links to sweepstakes, viruses, or malware.

If you violate any of the Terms of Service, we may terminate your account without notice.

We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

We reserve the right to alter these Terms of Service at any time. We’ll notify you on the Platform or via email of important changes, but you should also check back here from time to time if you care about such things. You’re free to cancel or discontinue using the Platform at any time without penalty. Your continued use of the Platform following a change to these Terms of Service constitutes acceptance of the change.

Additional Definitions

The following terms have the meanings given below in addition to other terms defined herein:

“Entity” means a limited liability company, corporation, partnership or any other business organization, non-profit organization or other legal entity that is not a natural person.

“Intellectual Property” means copyrights, patents, trademarks, trade secrets, and trade dress.

Fees” means a fee paid or payable by a Purchaser to a Detailer in connection with the Platform or fees charged to CurbCar.

“Systems” means any and all hardware, software or other systems that you own, lease or control.

“Third-Party Materials” means software, information, products and materials made available by third parties (other than Users) and incorporated into the Platform.

“Updates” means updates, upgrades, bug fixes, patches, error corrections and/or releases of new features by CurbCar, including any related documentation, relating to the Platform.

“Your Content” means Content that you as a User have offered or published, through the Platform.

“Your Data” means Your Content together with all other data, materials, information, files and other content, whether in written, audio, video, multimedia or other format, that you upload or provide to CurbCar. Examples of Your Data that is not Your Content include information that you provide to CurbCar in connection with registration or with your usage of the Platform but which is not seen by other Users.

Our Responsibility

Availability. CurbCar will use commercially reasonable efforts to make the online elements of the Platform available 24 hours a day, 7 days a week, 365 days a year, except for: (a) planned downtime (of which CurbCar will give at least 24 hours’ advance electronic notice), (b) downtime resulting from downtime of CurbCar's hosting provider or of any other Third-Party Materials’ providers; and (c) force majeure events defined in this Agreement.

Non-Disclosure. CurbCar will use commercially reasonable efforts to protect Your Data from disclosure to third parties. This commitment shall not apply, however, to data, information or materials (a) that the CurbCar Privacy Policy, this Agreement or other written agreements between you and CurbCar which reserve CurbCar's right to disclose in other ways; (b) that you choose to publish as Content or in any other way; (c) that is or becomes in the public domain through no fault of CurbCar; (d) that is or becomes known to CurbCar via other means that do not violate your rights; (e) that CurbCar is required by law to disclose, or discloses in order to pursue or enforce its legal rights against you or against other Users.

Deletion of Your Data and Your Content. Except as we otherwise agree with you or disclose to you, CurbCar may permanently delete Your Data or any portion of it at (a) any time after your Subscription terminates, with respect to those portions of Your Data that require Subscription access to create or store, and (b) at any time, with respect to those portions of Your Data that are created using Free Features and which are not incorporated into a Subscription. You accept the risk of such deletion and agree to maintain copies, stored outside of the Platform, of any of Your Data that you do not wish to lose permanently.

Customer Support. If you submit questions, comments or requests for support to CurbCar, CurbCar will use commercially reasonable efforts to reply but makes no warranty as to the promptness of or your satisfaction with such replies.

Updates. CurbCar will make Updates to the Platform from time to time in CurbCar's sole discretion.

Access and Use

Your Access. Subject to and conditioned on your compliance with this Agreement, CurbCar grants you a non-exclusive, non-transferable right to access and use the Platform for your Own Use during the Term. If you are an individual, then “Own Use” in this Agreement means use only by you (not extending to any family members, household members or others). If you are an Entity, then Own Use means use throughout that Entity. In all cases, Own Use also extends to others acting with your permission in connection with the Platform, such as managers, agents or others who assist Detailers and Customers with the Platform.

Use Restrictions. You agree that you will not at any time during or permanently after the Term, directly or indirectly, and except as you and CurbCar may otherwise agree in writing:

sell, resell, license, sublicense, distribute, rent or lease any part of the Platform or any CurbCar Data, or disclose any of them to any third parties without compensation, except as authorized in a Content License Agreement to which you are party.

use the Platform to store, use or transmit material in violation of third-party privacy rights, contractual rights or Intellectual Property rights.

use the Platform to store or transmit any code, files, scripts, agents or programs intended to do harm (including viruses, worms, time bombs or Trojan horses), or disable, impair or conduct penetration tests or scans of any hardware, software or other systems that CurbCar owns, leases or controls.

gain unauthorized access to the Platform, interfere with it or disrupt its integrity or performance.

access or use any Intellectual Property owned or made available to you by CurbCar, or modify, copy, or create derivative works based on the Platform or any part of it.

frame or mirror any part of the Platform, other than framing on your own intranets (if you are an Entity) or otherwise for your Own Use.

remove or modify any attributions, proprietary marks or notices appearing in the Platform, including CurbCar Marks or any other attributions, property marks or notices relating to Third-Party Materials.

use the Platform in a way not expressly authorized by this Agreement.

disassemble, reverse engineer, or decompile any part of the Platform, or access it to (1) build a product or service competitive to CurbCar, (2) build a product or service copying or using ideas, features, functions or graphics of the Platform, or (3) determine whether the Platform or any part of it is within the scope of any patent.

Any use of the Platform in breach of this Agreement by you that in CurbCar's judgment threatens the security, availability or functioning of any CurbCar Products may result in CurbCar's immediate termination of this Agreement as between you and CurbCar.

Service Suspension. CurbCar may temporarily suspend your access to any part or all of the Platform if: (i) CurbCar reasonably determines that (A) there is a threat to the Platform; (B) your use of the Platform disrupts or poses a security risk to the Platform, to CurbCar or to any other User; (C) you have used the Platform for fraudulent or illegal activities; (D) you become the subject of any bankruptcy, liquidation, dissolution, or similar proceeding; or (E) CurbCar's provision of the Platform to you becomes prohibited by applicable law; (ii) any vendor of CurbCar has suspended or terminated CurbCar's access to or use of any Third-Party Materials; (iii) CurbCar receives a court order or law enforcement request directing such suspension; or (iv) you fail to make timely payment of any Fees. In the case of any suspension pursuant to subclauses (i) through (iii) above, CurbCar will use commercially reasonable efforts to provide written notice before the suspension, to provide updates regarding resumption of access to the Platform following the suspension, and to resume providing access to the Platform promptly after the event giving rise to the suspension is cured, but you acknowledge that such notice is not always possible. The notice described in this paragraph may be made by methods including email messages to Users’ email addresses and/or posting alert messages on the Platform.

Modification and Discontinuance. CurbCar may modify the Platform and/or CurbCar Data at any time during the Term, with or without prior notice to you, provided that no such modification will render the Platform materially less functional to you during the Term. CurbCar will not be liable to you or to any third party for any modification permitted by this section. It may be necessary for CurbCar to perform repairs or maintenance or remotely patch or upgrade the Platform, which may temporarily degrade the quality of the Platform or the CurbCar Data or result in a partial or complete outage of the Platform or the CurbCar Data.

Feedback. CurbCar may allow you to provide CurbCar with comments or suggestions about the Platform (“Feedback”). You hereby grant CurbCar a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to copy and store any Feedback and use it to develop new products, improve or modify the Platform or as CurbCar otherwise wishes.

CurbCar's Licenses, Rights and Ownership

You hereby grant CurbCar a limited, worldwide, non-exclusive, non-transferable, royalty-free, fully paid-up right, license and authorization:

to store and make copies of Your Data during the Term;

to publish Your Content (and Your Data, to the extent you use the Platform’s tools and settings to make Your Data available to other Platform Users and to the public) to other Platform Users and to the public through the Platform as well as through CurbCar's accounts on Youtube and other third-party social media platforms;

to share Your Content with third parties, to the extent you separately authorize CurbCar to do so (including by entering into Content License Agreements) and to the extent described in CurbCar's Privacy Policy;

to store, make copies of, publish, modify and create derivative works of Your Data to the extent necessary for CurbCar to operate the Platform and to exercise any of CurbCar's rights hereunder or to fulfill any of its obligations hereunder or pursuant to applicable law.

Reservation. All right, title, and interest in the Intellectual Property embodied in the Platform and the CurbCar Marks will belong solely to CurbCar or to the applicable third-party licensor. You will have no rights in the Platform except as agreed in writing between you and CurbCar.

Provisions applicable to all Users

Links from the Platform. If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links in advertisements, including banner advertisements and sponsored links. CurbCar has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Publication of Your Data and Your Content; Privacy Policy. By using the Platform, you acknowledge that we will use your personally identifiable information as described in our Privacy Policy, as it may be amended from time to time, and you acknowledge that your voluntary use of Platform features that allow you to publish Your Data and Your Content (to other Users, to the public, and in some cases to YouTube and other platforms) may result in the published content and information becoming permanently in the public domain.

Additional Provisions relating to Detailers

As a Detailer, by entering into this Agreement and by uploading Content to the Platform for reaching users and offering services,

you acknowledge that when approving appointments by Customers, you are entering into a legally binding contract to provide services to Customers.

you acknowledge that CurbCar is not a party to any agreement between you and the customer, or to any other agreement (except this Agreement) between you and any Customers.

YOU AGREE, IN ADDITION TO ANY OTHER INDEMNIFICATION OBLIGATIONS HEREUNDER, TO INDEMNIFY, DEFEND AND HOLD HARMLESS CURBCAR AND CURBCAR'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, ACTIONS AND PROCEEDINGS, AND ANY RESULTING LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES), BROUGHT AGAINST ANY CURBCAR INDEMNITEE, RESULTING FROM A BREACH OF ANY WARRANTY IN THIS SECTION 7 BY YOU OR OTHERS UNDER YOUR CONTROL OR ACTING ON YOUR BEHALF.

Terms and Termination

Agreement Term. This Agreement applies to you at all times that you use the Platform in any way (the “Term”), whether you use Free Features or Subscription features, and unless CurbCar terminates this Agreement as provided herein.

Subscription Term. The term of your Subscription (the “Subscription Term”) consists of the Initial Subscription Term and any Renewal Subscription Terms, unless terminated earlier or extended in the ways described here. The “Initial Subscription Term” is the subscription period you select in your online registration form (one month or one year). The Subscription Term will automatically renew for successive periods of the same length as the Initial Subscription Term (each, a “Renewal Subscription Term”) after the Initial Subscription Term’s end unless you cancel your Subscription by using the cancellation tools in the Platform’s interface before the next upcoming Subscription renewal. Any cancellation that complies with this section will irrevocably terminate your Subscription effective on the last day of the then-current Initial Subscription Term or Renewal Subscription Term.

Termination. CurbCar may terminate your Subscription (a) immediately by notice to you if you have failed to cure any material breach of this Agreement within 14 days after receiving notice of same from CurbCar or if you become insolvent, are liquidated or dissolved or if any proceedings are commenced by, for or against you under any bankruptcy, insolvency, reorganization of debts or debtors relief law; (b) on 14 days’ notice to you if you have breached any payment obligation under this Agreement; or (c) on 90 days’ notice to you for any reason. To the extent you use Free Features, CurbCar may also in its sole discretion terminate this Agreement with you entirely at any time

Effect of Termination. Any termination of your Subscription will simultaneously and automatically terminate your access to Subscription-based Platform features. Any termination of this Agreement will simultaneously and automatically terminate all licenses and access authorizations that CurbCar grants to you pursuant to this Agreement. Termination of either your Subscription or of this Agreement as between you and CurbCar will not, by itself, terminate or otherwise affect any Content License Agreement in effect between you and any other User or other third party.

Fees and Taxes

Fees to CurbCar. In consideration of the rights granted to you hereunder, you will pay CurbCar the Fee(s) specified in the Platform interface for any Platform services or Subscriptions that you have purchased, through any payment method authorized therein. Fees are subject to periodic adjustment by CurbCar, with any adjusted Fees taking effect in the next Renewal Term after CurbCar has given you notice of the upcoming adjusted Fee. CurbCar will charge all Fees to the payment card or other account provided by you through the Platform, or such updated account information as you may later provide to CurbCar. CurbCar will charge the Fee(s) for the Initial Term to that card or account at the time of your first registration for the Platform and will charge the Fee(s) for any Renewal Terms on the first date of such Renewal Terms. Your authorization to CurbCar to charge your payment account for the Initial Term also authorizes CurbCar to charge you for each Renewal Term unless and until this Agreement is terminated. You may discontinue future charges under this Agreement by terminating as this Agreement provides. All Fees are nonrefundable except as expressly provided herein.

Taxes. Each party will be responsible for its own taxes properly levied on it by virtue of its undertakings hereunder.

Mutual Warranties

Each party warrants to the other party that:

the warranting party (if an Entity) is duly organized, validly existing, and in good standing as a corporation or other entity under the laws of the jurisdiction of its incorporation or other organization, and has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement.

the agreement to this Agreement by the warranting party’s representative has been duly authorized by all necessary corporate or organizational action of such party, and when so executed, this Agreement will constitute the legal, valid, and binding obligation of such party.

Your Additional Representations and Warranties

In addition to any other representations or warranties herein, you warrant to CurbCar that you are not an agency, department, or other unit of any federal, state, county, municipal or other governmental entity in the United States of America or in any other country and that your use of the Platform consistent with this Agreement will not cause you to be in breach of (a) any end user license agreements, Terms of Use or other agreements relating to your Systems, (b) any internal policies or practices applicable to you relating to information security, data security or similar matters or (c) any applicable laws worldwide.

Disclaimers

EXCEPTING THOSE WARRANTIES EXPRESSLY SET FORTH HEREIN, THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CURBCAR HEREBY DISCLAIMS ALL WARRANTIES TO YOU AND TO ANY THIRD PARTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PLATFORM AND REGARDING ALL CONTENT AND LICENSES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CURBCAR ALSO DISCLAIMS ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE.

THE DISCLAIMERS IN THIS SECTION APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR IN ANY OTHER AGREEMENT BETWEEN YOU AND CURBCAR.

Limitation of Liability

EXCEPT WITH RESPECT TO EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER OR DAMAGES ARISING FROM EITHER PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (A) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THIS AGREEMENT AND (B) A PARTY’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR ARISING FROM THIS AGREEMENT UNDER ANY THEORY WILL NOT EXCEED THE TOTAL FEES PAYABLE BY YOU TO CURBCAR UNDER THIS AGREEMENT IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR $10,000, WHICHEVER AMOUNT IS LESS.

CURBCAR WILL HAVE NO LIABILITY TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY TYPE RELATING TO THIS AGREEMENT, TO CONTENT OR TO LICENSES UNDER ANY THEORY OF LIABILITY.

THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR TORT, OR PURSUANT TO STATUTE OR OTHERWISE, AND REGARDLESS OF THE PERSON BRINGING THE CLAIM. THIS SECTION IS INTENDED TO EXCLUDE CLAIMS TO THE GREATEST EXTENT THAT APPLICABLE LAW PERMITS.

Indemnification

IN ADDITION TO ANY OTHER INDEMNIFICATION OBLIGATIONS HEREUNDER, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (COLLECTIVELY “INDEMNIFY” OR “INDEMNIFICATION”) CURBCAR AND CURBCAR'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS AND SUPPLIERS (“CURBCAR INDEMNITEES”) FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, ACTIONS AND PROCEEDINGS, AND ANY RESULTING LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES), BROUGHT AGAINST ANY CURBCAR INDEMNITEE, RESULTING FROM A BREACH OF THIS AGREEMENT BY YOU OR OTHERS UNDER YOUR CONTROL OR ACTING ON YOUR BEHALF.

General

Cumulative Provisions. Each covenant, representation, warranty, license and other provision of this Agreement that applies to a party is cumulative of other covenants, representations, warranties, licenses and other provision that apply to that party by virtue of this Agreement or of a Supplemental Agreement, except as this Agreement or a Supplemental Agreement expressly states.

Nature of Relationship. Each party will act as an independent contractor of the other with respect to this Agreement, and employees and independent contractors of one party will not be considered those of the other. This Agreement creates no agency, partnership, joint venture, other joint relationship or fiduciary relationship. Neither party may make any commitments binding on the other, nor may either party make any representation that they are acting for, or on behalf of, the other.

Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement except as this Agreement may expressly provide.

Assignment. You may not assign or transfer any of your obligations, licenses or rights under this Agreement without CurbCar's prior written consent. CurbCar may assign this Agreement without your prior notice or consent.

Force Majeure. Neither party will be held liable for failure to perform any obligation of or delay in performance resulting from or contributing to any cause beyond that party’s reasonable control, including without limitation any act of God, act of civil or military authority, act of war or terrorism, act (including delay, failure to act, or priority) of any governmental authority, power outages, civil disturbance, insurrection or riot, sabotage, fire, severe weather conditions, earthquake, flood, strike, work stoppage or other labor difficulty, embargo, delay in transportation or embargoes. The affected party’s obligations will be suspended solely to the extent caused by the force majeure and so long as it lasts, and the time for performance of the affected obligation will be extended by the time of the delay that the force majeure causes.

Export Regulations. Each party warrants that it will comply in all respects with any export and re-export restrictions imposed by any U.S. or foreign law to the Platform and that it is not named on any U.S. government denied-party list.

Agreement Binding on Successors. This Agreement will bind and inure to the benefit of the parties and their heirs, administrators, successors, and permitted assigns.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

Waiver. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.

Entire Agreement. This Agreement is the entire understanding of the parties and supersedes all prior agreements between them concerning its subject matter. Any amendment must be in writing and expressly state that it is amending this Agreement.

Governing Law. The laws of Delaware, except for conflict-of-law rules, will apply to any dispute between you and CurbCar related to the Platform, to any Content or to this Agreement.

Arbitration. Any dispute, claim or controversy between you and CurbCar relating to this Agreement or the breach, termination, enforcement, interpretation or validity of it, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the county and state in the United States where CurbCar at that time has its principal place of business, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Attorneys’ Fees. In any dispute between you and CurbCar, the prevailing party shall be entitled to payment from the non-prevailing party or parties for any reasonable costs and/or legal fees incurred in connection with the enforcement of their rights, defense of any claims or any or remedies provided for hereunder as against the other.

Notices. Notices to CurbCar under this Agreement are deemed received only when sent by email to [email protected].

Other CurbCar Products and Versions. This Agreement does not provide you with access to, licenses to or any other rights relating to any CurbCar product or service except as provided herein.

Survival. The following sections of this Agreement will survive their termination, in addition to any other section expressly providing for its survival: (fees and taxes); (disclaimers); (limitation of liability); (indemnification); (assignment); (export regulations); (successors); (waiver); (entire agreement); (governing law); (arbitration), (attorneys’ fees); (notices); (other CurbCar services, products and versions).