Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE
ACCESSING OR USING OUR SERVICES BECAUSE THEY
GOVERN YOUR ACCESS TO AND USE OF THE DRYSPLASH
APPLICATION, PLATFORM AND AUTHORIZED SERVICES.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE
FOLLOWING TERMS.
BY ACCESSING THE WWW.DRYSPLASHMDR.COM WEBSITE
AND/OR MOBILE APP, YOU ARE AGREEING THAT THESE
TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE
THE SERVICE AND RECEIVE SERVICES.
DRYSPLASH provides applications for the on-demand delivery of
on-site, Eco-Friendly auto-detailing and automobile waterless
washing related Services.
The Services permit you to utilize certain Internet and mobiledevice applications, including storing personal content regarding
your vehicle(s), email, phone number, and payment information
and accessing it on your devices and computers, only under the
terms and conditions set forth in this Agreement. As soon as you
enable DRYSPLASH, your content will be automatically sent to
and stored by DRYSPLASH, so you can receive professional, ondemand auto detailing services that are insured, convenient and
efficient.
1. Contractual Relationship
These Terms of Service (“Terms”) govern your individual set-up,
use and access from within the United States and its territories
and possessions of the applications, websites, content, products,
and services (the “Services”) made available in the United States
and its territories and possessions by DRYSPLASH
INTERNATIONAL WATERLESS CARWAS SERVICES. and its
affiliates, (collectively, “DRYSPLASH”). In these Terms, the words
“including” and “include” mean “including, but not limited to.”
Your access and use of the Services constitutes your agreement
to be bound by these Terms, which establishes a contractual
relationship between you and DRYSPLASH. If you do not agree
to these Terms, you may not access or use the Services. These
Terms expressly supersede prior agreements or arrangements
with you. DRYSPLASH may immediately terminate these Terms
or any Services with respect to you, or generally, cease offering or
deny access to the Services or any portion thereof, at any time for
any reason.
Supplemental terms may apply to certain Services, such as
policies for a particular event, activity or promotion, and such
supplemental terms will be disclosed to you in connection with the
applicable Service(s). Supplemental terms are in addition to, and
shall be deemed a part of, the Terms for the purposes of the
applicable Service(s). Supplemental terms shall prevail over these
Terms in the event of a conflict with respect to the applicable
Services.
DRYSPLASH may amend the Terms related to the Services from
time to time. Amendments will be effective upon DRYSPLASH’s
posting of such updated Terms at this location or the amended
policies or supplemental terms on the applicable Service(s). Your
continued access or use of the Services after such posting
constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with
the Services is as provided in DRYSPLASH’s Privacy Policy
located at [www.DRYSPLASH.com/privacy.php].
2. The Authorized Services
The Services constitute a technology platform that enables users
(“Authorized Service Recipients”) of DRYSPLASH’s mobile
applications or websites provided as part of the Services (each,
an “Application”) to arrange and schedule on-demand autodetailing and waterless waterless washing services with other
users or third-party providers of such services (“Service
Providers” or “Third Party Providers”). Unless otherwise agreed
by DRYSPLASH in a separate written agreement with you, the
Services are made available solely for your personal,
noncommercial use.
YOU ACKNOWLEDGE THAT DRYSPLASH AS A PLATFORM
PROVIDER DOES NOT PROVIDE AUTO-DETAILING OR
Waterless waterless washing SERVICES OR FUNCTION AS AN
AUTO-DETAILING OR Waterless waterless washing COMPANY.
Devices and Accounts.
Use of the Service may require compatible devices, Internet
access, and certain software (fees may apply); may require
periodic updates; and may be affected by the performance of
these factors.
License.
Subject to your compliance with these Terms, DRYSPLASH
grants you a limited, non-exclusive, non-sub-licensable,
revocable, non-transferrable license to: (i) access and use the
Applications on your personal device solely in connection with
your use of the Services; and (ii) access and use any content,
information and related materials that may be made available
through the Services, in each case solely for your personal,
noncommercial use. Any rights not expressly granted herein are
reserved by DRYSPLASH and DRYSPLASH’s licensors.
Authorized Brands and Services.
You acknowledge that portions of the Services may be made
available under DRYSPLASH’s various brands or request options
associated with auto-detailing and waterless waterless washing ,
including environmentally-friendly, on-demand auto-detailing
request brands currently referred to as “DRYSPLASH,”
“DRYSPLASH Deluxe,” or “DRYSPLASH Premium.”
You, Authorized Service Recipient, also acknowledge that the
Services may be made available under such brands or request
options by or in connection with: (i) certain of DRYSPLASH’s
subsidiaries and affiliates; or (ii) independent Service Providers
and Third-Party Providers, including Auto-Detailing drivers, AutoDetailing permit holders or holders of similar auto-detailing
permits, authorizations or licenses.
Restrictions.
You may not: (i) remove any copyright, trademark or other
proprietary notices from any portion of the Services; (ii)
reproduce, modify, prepare derivative works based upon,
distribute, license, lease, sell, resell, transfer, publicly display,
publicly perform, transmit, stream, broadcast or otherwise exploit
the Services except as expressly permitted by DRYSPLASH; (iii)
cause or launch any programs or scripts for the purpose of
scraping, indexing, surveying, or otherwise data mining any
portion of the Services or unduly burdening or hindering the
operation and/or functionality of any aspect of the Services; (iv)
link to, mirror or frame any portion of the Services; (v) decompile,
reverse engineer or disassemble the Services except as may be
permitted by applicable law or (vi) attempt to gain unauthorized
access to or impair any aspect of the Services or its related
systems or networks.
Copyright and Other Rights of Third-Party Services and Content.
The Services may be made available or accessed in connection
with third-party services and content (including advertising) that
DRYSPLASH does not control. You acknowledge that different
terms of use and privacy policies may apply to your use of such
third party technology services and digital content. DRYSPLASH
does not endorse such third party technology services and digital
content and in no event shall DRYSPLASH be responsible or
liable for any products or services of such third party providers.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or
BlackBerry Limited will be a third-party beneficiary to this contract
if you access the Services using Applications developed for Apple
iOS, Android, Microsoft Windows, or Blackberry-powered mobile
devices, respectively. These third-party beneficiaries are not
parties to this contract and are not responsible for the provision or
support of the Services in any manner. Your access to the
Services using these devices is subject to terms set forth in the
terms and conditions applicable to those other technology-based,
third party beneficiary’s terms of service.
Ownership.
The Services and all rights therein are and shall remain
DRYSPLASH’s property or the property of DRYSPLASH’s
licensors. Neither these Terms nor your use of the Services
convey or grant to you any rights: (i) in or related to the Services
except for the limited license granted above; or (ii) to use or
reference in any manner DRYSPLASH’s company names, logos,
product and service names, trademarks or services marks or
those of DRYSPLASH’s licensors.
3. Your Use of the Services
Authorized Service Recipient’s User Accounts.
In order to use most aspects of the Services, you must register for
and maintain an active personal user Services account
(“Account”). 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. Account registration requires you to submit to
DRYSPLASH certain personal information, such as your name,
address, mobile phone number and age, as well as at least one
valid payment method (either a credit card or accepted payment
partner). You agree to maintain accurate, complete, and up-todate information in your Account. Your failure to maintain
accurate, complete, and up-to-date Account information, including
having an invalid or expired payment method on file, may result in
your inability to access and use the Services or DRYSPLASH
may terminate this Agreement with you and suspend your
Account functionality. You are responsible for all activity that
occurs under your Account, and you agree to maintain the
security and secrecy of your Account’s username and password
at all times. Unless otherwise permitted by DRYSPLASH in
writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of
18. You may not authorize third parties to use your Account, and
you may not allow persons under the age of 18 to receive autodetailing services from Service Providers or Third-Party Providers
unless they are accompanied by you. You may not assign or
otherwise transfer your Account to any other person or entity. You
agree to comply with all applicable laws when using the Services,
and you may only use the Services for lawful purposes (e.g., no
transport of unlawful or hazardous materials). You will not in your
use of the Services cause nuisance, annoyance, inconvenience,
or property damage, whether to the Third Party Provider or any
other party; especially the public. In certain instances, you may be
asked to provide proof of identity to access or use the Services,
and you agree that you may be denied access to or use of the
Services if you refuse to provide proof of identity.
Promotional Codes.
DRYSPLASH may, in DRYSPLASH’s sole discretion, create
promotional codes that may be redeemed for Account credit, or
other features or benefits related to the Services and/or a Third
Party Provider’s services, subject to any additional terms that
DRYSPLASH establishes on a per promotional code basis
(“Promo Codes”). You agree that Promo Codes: (i) must be used
for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or
made available to the general public (whether posted to a public
form or otherwise), unless expressly permitted by DRYSPLASH;
(iii) may be disabled by DRYSPLASH at any time for any reason
without liability to DRYSPLASH; (iv) may only be used pursuant to
the specific terms that DRYSPLASH establishes for such Promo
Code; (v) are not valid for cash; and (vi) may expire prior to your
use. DRYSPLASH reserves the right to withhold or deduct credits
or other features or benefits obtained through the use of Promo
Codes by you or any other user in the event that DRYSPLASH
determines or believes that the use or redemption of the Promo
Code was in error, fraudulent, illegal, or in violation of the
applicable Promo Code terms or these Terms.
User Provided Content.
DRYSPLASH may, in DRYSPLASH’s sole discretion, permit you
from time to time to submit, upload, publish or otherwise make
available to DRYSPLASH through the Services textual, audio,
and/or visual content and information, including commentary and
feedback related to the Services, initiation of support requests,
and submission of entries for competitions and promotions
(“Authorized Service Recipient or Service Provider Content”). Any
Authorized Service Recipient or Service Provider Content
provided by you remains your property. However, by providing
Authorized Service Recipient or Service Provider Content to
DRYSPLASH, you grant DRYSPLASH a worldwide, perpetual,
irrevocable, transferrable, royalty-free license, with the right to
sublicense, to use, copy, modify, create derivative works of,
distribute, publicly display, publicly perform, and otherwise exploit
in any manner such Authorized Service Recipient or Service
Provider Content in all formats and distribution channels now
known or hereafter devised (including in connection with the
Services and DRYSPLASH’s business and on third-party sites
and services), without further notice to or consent from you, and
without the requirement of payment to you or any other person or
entity.
You represent and warrant that: (i) you either are the sole and
exclusive owner of all Authorized Service Recipient or Service
Provider Content or you have all rights, licenses, consents and
releases necessary to grant DRYSPLASH the license to the
Authorized Service Recipient or Service Provider Content as set
forth above; and (ii) neither the Authorized Service Recipient or
Service Provider Content nor your submission, uploading,
publishing or otherwise making available of such Authorized
Service Recipient or Service Provider Content nor DRYSPLASH’s
use of the Authorized Service Recipient or Service Provider
Content as permitted herein will infringe, misappropriate or violate
a third party’s intellectual property or proprietary rights, or rights of
publicity or privacy, or result in the violation of any applicable law
or regulation.
You agree to not provide Authorized Service Recipient or Service
Provider Content that is defamatory, libelous, hateful, violent,
obscene, pornographic, unlawful, or otherwise offensive, as
determined by DRYSPLASH in its sole discretion, whether or not
such material may be protected by law. DRYSPLASH may, but
shall not be obligated to, review, monitor, or remove Authorized
Service Recipient or Service Provider Content at DRYSPLASH’s
sole discretion and at any time and for any reason, without notice
to you.
Network Access and Devices.
You are responsible for obtaining the data network access
necessary to use the Services. Automated text messages may
occasionally be sent to communicate important information, even
if the app is uninstalled. You can opt-out of text messages at any
time with a reply “Stop”. Your mobile network’s data and
messaging rates and fees may apply if you access or use the
Services from a wireless-enabled device. You are responsible for
acquiring and updating compatible hardware or devices
necessary to access and use the Services and Applications and
any updates thereto. DRYSPLASH 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.
4. Payment
You understand that use of the Services may result in charges to
you for the services or goods you receive from a Service Provider
or other Third Party Provider (“Charges”). After you have received
services or goods obtained through your use of the Service,
DRYSPLASH will facilitate your payment of the applicable
Charges on behalf of the Service Provider or Third Party Provider,
as such Service Provider’s or Third Party Provider’s limited
payment collection agent. Payment of the Charges in such
manner shall be considered the same as a payment made directly
by you to the Service Provider or Third Party Provider. Charges
will be inclusive of applicable taxes where required by law.
Charges paid by you are final and non-refundable unless
otherwise determined by DRYSPLASH. You retain the right to
request lower Charges from a Service Provider or Third Party
Provider for services or goods received by you from such Service
Provider or Third Party Provider at the time you receive such
services or goods. DRYSPLASH will respond accordingly to any
request from a Service Provider or Third Party Provider to modify
the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated
by DRYSPLASH using the preferred payment method designated
in your Account, after which DRYSPLASH will send you a receipt
by email. If your primary Account payment method is determined
to be expired, invalid or otherwise not able to be charged, you
agree that DRYSPLASH may, as the Service Provider or Third
Party Provider’s limited payment collection agent, use a
secondary payment method in your Account, if available.
As between you and DRYSPLASH, DRYSPLASH reserves the
right to establish, remove and/or revise Charges for any or all
services or goods obtained through the use of the Services at any
time in DRYSPLASH’s sole discretion. Further, you acknowledge
and agree that Charges applicable in certain geographical areas
may increase substantially during times of high demand.
DRYSPLASH will use reasonable efforts to inform you of Charges
that may apply, provided that you will be responsible for Charges
incurred under your Account regardless of your awareness of
such Charges or the amounts thereof. DRYSPLASH may from
time to time, provide certain users with promotional offers and
discounts that may result in different amounts charged for the
same or similar services or goods obtained through the use of the
Services, and you agree that such promotional offers and
discounts unless also made available to you, shall have no
bearing on your use of the Services or the Charges applied to
you. You may elect to cancel your request for services or goods
from a Service Provider or Third Party Provider at any time prior
to such Service Provider or Third Party Provider’s arrival, in which
case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the
Service Provider or Third Party Provider for the services or goods
provided. Except with respect to auto-detailing services requested
through the Application, DRYSPLASH does not designate any
portion of your payment as a tip or gratuity to the Service Provider
or Third Party Provider. Any representation by DRYSPLASH (on
DRYSPLASH’s website, in the Application, or in DRYSPLASH’s
marketing materials) to the effect that tipping is “voluntary,” “not
required,” and/or “included” in the payments you make for
services or goods provided is not intended to suggest that
DRYSPLASH provides any additional amounts, beyond those
described above, to the Service Provider or Third Party Provider.
You understand and agree that, while you are free to provide
additional payment as a gratuity to any Service Provider or Third
Party Provider who provides you with services or goods obtained
through the Service, you are under no obligation to do so.
Gratuities are voluntary. After you have received services or
goods obtained through the Service, you will have the opportunity
to rate your experience and leave additional feedback about your
Service Provider or Third Party Provider.
5. DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
DRYSPLASH MAKES NO REPRESENTATION, WARRANTY, OR
GUARANTEE REGARDING THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES
OR ANY SERVICES OR GOODS REQUESTED THROUGH THE
USE OF THE SERVICES, OR THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. DRYSPLASH DOES
NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR
ABILITY OF THIRD PARTY PROVIDERS.
IN ADDITION, DRYSPLASH DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE
TERMS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. YOU AGREE THAT THE ENTIRE
RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND
ANY SERVICE OR GOOD REQUESTED IN CONNECTION
THEREWITH, REMAINS SOLELY WITH YOU, TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6. LIMITATION OF LIABILITY.
EVEN IF DRYSPLASH HAS BEEN ADVISED OF THE
POSSIBILITY OF THE FOLLOWING DAMAGES, DRYSPLASH
SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, LOST DATA,
PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO,
IN CONNECTION WITH, OR OTHERWISE RESULTING FROM
ANY USE OF THE SERVICES.
DRYSPLASH SHALL NOT BE LIABLE FOR ANY DAMAGES,
LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF
OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO
ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION
OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY
PROVIDER, EVEN IF DRYSPLASH HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. DRYSPLASH SHALL
NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE
RESULTING FROM CAUSES BEYOND DRYSPLASH’S
REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD
PARTY AUTO-DETAILING PROVIDERS PROVIDING AUTODETAILING SERVICES REQUESTED THROUGH SOME
REQUEST BRANDS MAY OFFER RIDE-SHARING OR PEERTO-PEER AUTO-DETAILING SERVICES AND MAY NOT BE
PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT
SHALL DRYSPLASH’S TOTAL LIABILITY TO YOU IN
CONNECTION WITH THE SERVICES FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED
U.S. DOLLARS (US $500).
DRYSPLASH’S SERVICES MAY BE USED BY YOU TO
REQUEST AND SCHEDULE AUTO-DETAILING, GOODS, OR
SERVICES WITH SERVICE PROVIDERS AND THIRD-PARTY
PROVIDERS, BUT YOU AGREE THAT DRYSPLASH HAS NO
RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY
AUTO-DETAILING, GOODS OR SERVICES PROVIDED TO YOU
BY SERVICE PROVIDERS AND THIRD-PARTY PROVIDERS
OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO
NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS
AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER
APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold DRYSPLASH and its officers,
directors, employees, and agents harmless from any and all
claims, demands, losses, liabilities, and expenses (including
attorneys’ fees), arising out of or in connection with: (i) your use of
the Services or services or goods obtained through your use of
the Services; (ii) your breach or violation of any of these Terms;
(iii) DRYSPLASH’s use of your User Content; or (iv) your violation
of the rights of any third party, including Third-Party Providers.
7. Dispute Resolution
Arbitration.
You agree that any dispute, claim or controversy arising out of or
relating to these Terms or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Services
(collectively, “Disputes”) will be settled by binding arbitration
between you and DRYSPLASH, except that each party retains
the right to bring an individual action in small claims court and the
right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents or other intellectual property
rights. You acknowledge and agree that you and DRYSPLASH
are each waiving the right to a trial by jury or to participate as a
plaintiff or class in any purported class action or representative
proceeding. Further, unless both you and DRYSPLASH otherwise
agree in writing, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of
any class or representative proceeding. If this specific paragraph
is held unenforceable, then the entirety of this “Dispute
Resolution” section will be deemed void. Except as provided in
the preceding sentence, this “Dispute Resolution” section will
survive any termination of these Terms.
Federal Arbitration Rules and Governing Law.
The arbitration will be administered by the corporate legal team
presently located at 555 West Fifth Street (Gas Company Tower),
32nd Floor, Los Angeles California 90013 (Tel:213.620.1133; FAX:
213.620.0100) in accordance with JAMS Employment Arbitration
Rules & Procedures. A copy of the JAMS Employment Arbitration
Rules & Procedures is attached hereto as Exhibit A. The Rules
are also available online at http://www.jamsadr.com/rulescomprehensive-arbitration/. You can also call JAMS at
213.620.1133 if you have questions about the arbitration process.
If the JAMS’ Rules are inconsistent with the terms of this
Agreement, the terms of this Agreement shall govern.
If JAMS no longer provides arbitration or alternative dispute
resolution (“ADR”) services, then the Parties shall select an
equivalent ADR provider in accordance with the Commercial
Arbitration Rules and the Supplementary Procedures for
Consumer-Related Disputes (the “JAMS Rules”) then in effect,
except as modified by this “Dispute Resolution” section. The
Federal Arbitration Act will govern the interpretation and
enforcement of this Section.
Arbitration Process.
A party who desires to initiate arbitration must provide the other
party with a written Demand for Arbitration as specified in the
JAMS Rules. (Presently, the JAMS provides a form Demand for
Arbitration at http://www.jamsadr.com/files/Uploads/Documents/
JAMS_Arbitration_Demand.pdf The arbitrator will be a retired
judge in the state of California and will be selected by the parties
from the JAMS ‘s roster of consumer dispute arbitrators. If the
parties are unable to agree upon an arbitrator within seven (7)
days of delivery of the Demand for Arbitration, then JAMS will
appoint the arbitrator in accordance with the JAMS Rules.
Arbitration Location and Procedure.
Unless you and DRYSPLASH otherwise agree, the arbitration will
be conducted in the county where you reside. If your claim does
not exceed $10,000, then the arbitration will be conducted solely
on the basis of documents you and DRYSPLASH submit to the
arbitrator, unless you request a hearing or the arbitrator
determines that a hearing is necessary. If your claim exceeds
$10,000, your right to a hearing will be determined by the JAMS
Rules. Subject to the JAMS Rules, the arbitrator will have the
discretion to direct a reasonable exchange of information by the
parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision.
The arbitrator will render an award within the time frame specified
in the JAMS Rules. The arbitrator’s decision will include the
essential facts, findings and conclusions upon which the arbitrator
based the award. Judgment on the arbitration award may be
entered in any court having jurisdiction thereof. The arbitrator’s
award damages must be consistent with the terms of the
“Limitation of Liability” section above as to the types and the
amounts of damages for which a party may be held liable. The
arbitrator may award declaratory or injunctive relief only in favor of
the claimant and only to the extent necessary to provide relief
warranted by the claimant’s individual claim. If you prevail in
arbitration you will be entitled to an award of attorney’s’ fees and
expenses, to the extent provided under applicable law.
DRYSPLASH will not seek, and hereby waives all rights
DRYSPLASH may have under applicable law to recover,
attorneys’ fees and expenses if DRYSPLASH prevails in
arbitration.
Arbitration Fees.
Your responsibility to pay any JAMS filing, administrative and
arbitrator fees will be solely as set forth in the JAMS Rules.
However, if your claim for damages does not exceed $25,000.00,
DRYSPLASH will pay all such fees unless the arbitrator finds that
either the substance of your claim or the relief sought in your
Demand for Arbitration was frivolous or was brought for an
improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)).
Changes.
Notwithstanding the provisions of the modification-related
provisions above, if DRYSPLASH changes this “Dispute
Resolution” section after the date you first accepted these Terms
(or accepted any subsequent changes to these Terms), you may
reject any such change by providing DRYSPLASH written notice
of such rejection by mail or hand delivery to: DRYSPLASH, Inc.,
Attn: Complaints & Dispute Resolutions, 8383 Wilshire Boulevard
suite 800 Beverly Hills CAlifornia,90292 or by email from the
email address associated with your Account to:
, within 30 days of the date such
change became effective, as indicated in the “Last Update” date
above. In order to be effective, the notice must include your full
name and clearly indicate your intent to reject changes to this
“Dispute Resolution” section. By rejecting changes, you are
agreeing that you will arbitrate any Dispute between you and
DRYSPLASH in accordance with the provisions of this “Dispute
Resolution” section as of the date you first accepted these Terms
(or accepted any subsequent changes to these Terms).
8. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with
the laws of the State of California, U.S.A., without giving effect to
any conflict of law principles.
Claims of Copyright or other Intellectual Property Infringement.
Claims of copyright or other Intellectual Property Infringement
should be sent to DRYSPLASH’s designated agent. Please visit
DRYSPLASH’s web page at [www.DRYSPLASH.com/legal/
copyright] for the designated address and additional information.
Notice.
DRYSPLASH may give notice by means of a general notice on
the Services, electronic mail to your email address in your
Account, or by written communication sent by first-class mail or
pre-paid post to your address in your Account. Such notice shall
be deemed to have been given upon the expiration of 48 hours
after mailing or posting (if sent by first class mail or pre-paid post)
or 12 hours after sending (if sent by email). You may give notice
to DRYSPLASH, with such notice deemed given when received
by DRYSPLASH, at any time by first class mail or pre-paid post to
DRYSPLASH, Inc. Attn: User Notices 8383 Wilshire Boulevard
suite 800 Beverly Hills California, 90292.
General.
You may not assign these Terms without DRYSPLASH’s prior
written approval. DRYSPLASH may assign these Terms without
your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of
DRYSPLASH’s equity, business or assets; or (iii) a successor by
merger. Any purported assignment in violation of this section shall
be void. No joint venture, partnership, employment, or agency
relationship exists between you, DRYSPLASH or any Third Party
Provider as a result of this Agreement or use of the Services. If
any provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced to the fullest extent under law.
DRYSPLASH’s failure to enforce any right or provision in these
Terms shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by DRYSPLASH in writing.