Terms of Service
All sales are subject to the terms located within the Vehicle Service Contract. Contracts will not be accepted where prohibited by law. This site is intended solely for the purpose of providing general information regarding the purchase of vehicle protection products. Exact contract terms and rates are determined upon validation of vehicle information and acceptance by the Vehicle Service Provider. Pricing, specifications, availability, and terms of offers may change without notice. Taxes, fees and other charges may apply.
THESE TERMS AND CONDITIONS ARE A LEGAL CONTRACT BETWEEN YOU AND FOREVERCAR, LLC, INC. AND FOREVERCAR CONSUMER FINANCE, LLC, (“FOREVERCAR”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT HTTP://www.forevercar.com/, AS WELL AS ALL SUBDOMAINS AND ASSOCIATED SITES LINKED TO HTTP://www.forevercar.com BY FOREVERCAR, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”) AS WELL AS ALL SERVICES AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE “SERVICES”). BY USING THIS SITE OR SERVICES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
These Terms shall apply in addition to the terms of any Vehicle Service Contract purchased by you through the Site (“Vehicle Service Contract”). In the event of a conflict between these Terms and the Vehicle Service Contract, the Vehicle Service Contract shall govern, except that these Terms shall govern with respect to all matters regarding the Site.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH FOREVERCAR. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Through the Site you may purchase a Vehicle Service Contract for your vehicle from one of our third party providers. This Site is operated by ForeverCar, which is not affiliated with any of these third party providers. The Third Party Provider underwrites your Vehicle Service Contract, and any claims, coverage questions or coverage disputes must be submitted to the Third Party Provider. ForeverCar does not issue or underwrite the Vehicle Service Contracts made available on this Site; we are an authorized seller of Third Party Vehicle Service Contracts.
ForeverCar may make changes to the content and Services offered on this Site at any time. ForeverCar can change, update, or add or remove provisions of these terms, at any time by posting the updated terms on this Site. By using this Site or the Services after ForeverCar has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and Services.
Availability and Eligibility
Vehicle Service Contracts are not available to residents of the states of Alaska, California, Oregon and Washington. Mechanical Breakdown Insurance (MBI) are available to residents of California. You must (1) be at least 18-years-old to purchase a Vehicle Service Contract through the Site; (2) provide a valid vehicle identification number for the vehicle for which you would like to purchase the Vehicle Service Contract; and (3) be a resident of the United States (but not a resident of Alaska, California, Oregon and Washington.)
By using the Site or Services, you represent, acknowledge and agree that you are at least 18 years of age. Further, you represent, acknowledge and agree that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information and keep such information up-to-date; and (c) your use of the Services offered through this Site does not violate any applicable law or regulation. ForeverCar may terminate these Terms and your use of the Site or Services without notice if ForeverCar, in its sole discretion, believes that you are under the age of 18.
ForeverCar provides content and Services through this Site that are the copyrighted and/or trademarked work of ForeverCar or ForeverCar’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. ForeverCar hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site and Services solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services
You can simply view the Site and many of the Materials on the Site. You need not register with ForeverCar to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site, to use certain Services and Materials offered on and through the Site, you must register with ForeverCar for an account and receive a password.
Password Restricted Areas of this Site
If you desire to register for an account with ForeverCar, you must submit certain information through the account registration page on the Site, including your name, email address and other contact information. You may also have the ability to provide additional optional information, such as preferences, which is not required to register for an account but may be helpful to ForeverCar in providing you with more a more customized experience when using the Site. Once you have submitted your account registration information, ForeverCar administrator shall have the right to approve or reject the requested registration, in ForeverCar administrator’s sole discretion. If your account is approved by the ForeverCar administrator, you will be asked to create a password on the registration page that will allow you to log-on to the Site (the “Password”).
You are responsible for maintaining the confidentiality of your Password, and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify ForeverCar if your Password is lost, stolen, if you are aware of any unauthorized use of your Password or if you know of any other breach of security in relation to this Site or Services.
When you purchase a Vehicle Service Contract through the Site, you are purchasing a product offered by a Third Party Provider, not ForeverCar. ForeverCar, a third party, is merely facilitating your purchase of the Vehicle Service Contracts. Thus, the terms of any purchase you make are governed by the Vehicle Service Contract, as well as these Terms.
If applicable, you agree to pay all fees or charges for any products you purchase through the Site. If you do not pay on time or if we cannot charge your credit card, PayPal or other available payment method for any reason, ForeverCar reserves the right to cancel your order and either suspend or terminate your access to the Site, Services and account and terminate these Terms. You are expressly agreeing that ForeverCar is permitted to bill you for the applicable fees, either directly or through a third party, any applicable tax and any other charges you may incur in connection with your purchase, and the fees will be billed to your credit card, PayPal or other available payment method designated by you. If you cancel your account at any time, you will not receive any refund.
Currently, you can pay for the total cost of your Vehicle Service Contract upfront in one lump sum, or, if eligible you may choose to pay for your Vehicle Service Contract in installment payments (a “Payment Plan”), a service offered by independent third parties.
Payment Plan. If you choose to purchase your Vehicle Service Contract under a Payment Plan, you will be required to make a down payment of and to pay the remaining balance, using a valid credit card, in equal payments over the term that you have chosen. Our Third Party Payment Provider will automatically charge your credit each month for the amount of your monthly payment. You must also agree to the Third Party Payment Provider payment terms at the time of purchase. Your payments will be made to Third Party Payment Provider, and we will share your payment details with Third Party Payment Provider to facilitate your payment for your Vehicle Service Contract.
Accuracy. By using this Site or the Services, you represent and warrant that all the information that you provide when registering for an account and otherwise through the Site or Services is accurate, complete and up to date.
By using the Site and/or the Services, you consent to receiving electronic communications from ForeverCar. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with ForeverCar. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Content
Certain information and other content that are not Submissions (defined below) may be provided by third party licensors and suppliers to ForeverCar (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. FOREVERCAR DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post, submit or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require ForeverCar to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site or the information therein.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
- Use the Site for unintended purposes or trying to change the behavior of the Site;
- Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempt to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to , or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
- Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or the Services;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
- Frame or mirror any part of the Site without ForeverCar’s prior written consent;
- Use the Site in a manner that intentionally or unintentionally violates any applicable local, state, national or international law; or
- Take any action that may otherwise harm, disrupt or overburden the Site, or harm another user of the Site.
This list of prohibitions provides examples and is not complete or exclusive. ForeverCar reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ForeverCar determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services.ForeverCar may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ForeverCar’s discretion, ForeverCar will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold ForeverCar and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ForeverCar or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
ForeverCar is a trademark of ForeverCar Holdings, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site or Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ForeverCar, Copyright © 2011-2016 ForeverCar Holdings, Inc.. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
ForeverCar respects the intellectual property rights of others, and we ask you to do the same. ForeverCar may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site and Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide ForeverCar’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit ForeverCar to locate the material.
- Information reasonably sufficient to permit ForeverCar to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ForeverCar’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attn: Copyright Agent
444 North Orleans
Chicago, IL 60647
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the ForeverCar designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ForeverCar may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
ForeverCar reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by ForeverCar, and they may include inaccuracies or typographical or other errors. ForeverCar does not warrant the accuracy of timeliness of the Materials contained on this Site or Services. ForeverCar has no liability for any errors or omissions in the Materials, whether provided by ForeverCar, our licensors or suppliers or other users.
FOREVERCAR, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED IN OR PRESENTED ON THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY SUBMISSIONS AND ANY THIRD-PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FOREVERCAR DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
FOREVERCAR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE OR THE SERVICES. IN NO EVENT SHALL ForeverCar BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ForeverCar KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
ForeverCar controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site or Services outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to ForeverCar, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, the Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ForeverCar is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that ForeverCar is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at via postal mail at ForeverCar, Attn: Legal Department, 444 North Orleans, Chicago, IL 60654 or via email at firstname.lastname@example.org.
This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and ForeverCar. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and ForeverCar shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “ForeverCar” means ForeverCar and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and ForeverCar regarding any aspect of your relationship with ForeverCar, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as ForeverCar’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give ForeverCar an opportunity to resolve the Dispute. You must commence this process by mailing written notification to ForeverCar via postal mail at ForeverCar, Attn: Legal Department, 444 North Orleans, Chicago, IL 60654 or via email at email@example.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If ForeverCar does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or ForeverCar may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to ForeverCar via postal mail at ForeverCar, LLC, Attn: Legal Department, 444 North Orleans, Chicago, IL 60654 or via email at firstname.lastname@example.org. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with ForeverCar through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with ForeverCar. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or ForeverCar may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or ForeverCar may initiate arbitration in either [CLIENT’s U.S. location] or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, ForeverCar may transfer the arbitration to [CLIENT’s U.S. location] in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – ForeverCar will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with ForeverCar as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and ForeverCar specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and ForeverCar are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and ForeverCar might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with ForeverCar or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if ForeverCar makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require ForeverCar to adhere to the language in this Provision if a dispute between us arises.
If you violate these Terms, FOREVERCAR may terminate and/or suspend your access to this Site or Services without notice. FOREVERCAR prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by FOREVERCAR, may result in immediate termination of your access to this Site, without prior notice to you.
FOREVERCAR may also in its sole discretion and at any time discontinue providing the Site or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Site and Services, under any provision of the Terms, may be effected without prior notice to you, and acknowledge and agree that FOREVERCAR may bar any further access to the Site. Further, you agree that FOREVERCAR shall not be liable to you or any third-party for any termination of access to the Site.
Limited Time to Bring Claim.
Where permitted by law, you and FOREVERCAR agree that any cause of action arising out of or related to the Site, the Services or any Materials must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Federal Arbitration Act, Illinois state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Cook County of the State of Illinois. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ForeverCar’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ForeverCar and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ForeverCar about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact ForeverCar for any reason, you can reach us via email at email@example.com, or via regular mail at ForeverCar, ATTN: Customer Service, 444 North Orleans, Suite 300 Chicago, IL 60654.