Last modified: April 15, 2021
Welcome to Carma Project—a technology-driven marketplace that accelerates consumer response to safety recalls. Carma Project, Inc. (“Carma Project”, “We”, or “Us”) partners with equipment manufacturers to facilitate notice of product recalls, in particular with the airbag recalls. We provide direct-to-vehicle outreach to enable affected vehicle owners the ability to take prompt action regarding recalls.
These Terms (“Terms”) govern your access to and use of services made available by Carma Project, (“Services” as detailed more completely below) on or through the Carma Project website located at www.carmaproject.com (“Website”); the Carma Project application (the “Carma App”); together with any related websites and mobile services offered by Carma Project. By using our Services, regardless of how you access them, you agree to these Terms.
You may not use or participate in any of the Services and you may not accept these Terms if you are not legally authorized to accept and be bound by these terms. You must be at least 18 years of age and, in any event, of a legal age to form a binding contract with Carma Project. Carma Project is intended only for U.S. residents (Puerto Rico included).
THESE TERMS REQUIRE THE USE OF ARBITRATIONON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASSACTIONS.
BYACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BYTHESE TERMS AND ANY SUBSEQUENT CHANGES TO THEM. IF YOU DO NOT AGREE TO THESE TERMSOR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THESERVICES.
Carma Project reserves the right to modify, terminate and suspend the operation of all or any part of the Services without notice or liability, at any time and for any or no reason in its sole and absolute discretion. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. In addition, when using certain Services, you will be subject to any additional terms applicable to third-parties.
Carma Project is an incentive-driven awareness project that accelerates consumer response to safety recalls. Certain users are eligible, in our sole discretion, to participate in the Recall Verification and Notification Program (as defined in Section 2). As part of that program, we incentivize individuals to gather information about vehicles potentially eligible for one or more product recalls, share information about product recalls, and encourage vehicle owners/operators to respond to automotive recall notices. We work with manufacturers, equipment providers, and other to facilitate the recall process.
On the condition that you comply with all of your obligations under these Terms, Carma Project grants you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to access and use the Services. Any other use of the Services is strictly prohibited and a violation of these Terms. Carma Project and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in the Services and all related items.
1. Account Registration
1.1 In order to use certain aspects of our Services (including restricted portions of our Website and the Carma App), you are required to register an account with us (your “Account). We reserve the right to refuse or reject any request to create an account for you for any or no reason at our sole discretion. Your consent to be bound to any consents, notices, disclosures or other records or documents to be entered into between you and Carma Project (“Electronic Contracts”), whether by typing your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to such Electronic Contract, shall create a legal, valid and binding contract enforceable against you in accordance with its terms.
1.2 If you have a password for access to non-public areas of our Services, you are responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Carma Project shall not be under any duty to inquire as to the authority or propriety of any instructions given to us by you or via your password and shall be entitled to act upon any such instructions and we will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, statements and other information received from us. You must notify us immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with us in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
1.3 If we have reason to suspect that you have breached these Terms, or that any of your information is not authorized, correct, current and complete, we may, in addition to taking or reserving any other remedies against you, terminate your Account. Carma Project reserves the right to erase any or all of your information from our Services, as well as to terminate your Account without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Any suspension, termination or cancellation of your Account shall not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation.
1.4 By registering for an Account, you agree that: (a) you will not violate these Terms or any of Carma Project’s or its licensors’ rights or use this Services to violate the rights of any third party such as copyright or trademark rights; (b) you will use your true legal name and true electronic mail address, and only provide accurate and complete information on this Services; (c) you will provide at your cost all equipment, software, mobile access and Internet access necessary for you to use the Services; (d) you will copy information from this Services only as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information; (e) you will not otherwise reproduce, modify, distribute, display or provide access to this Services or its content; (f) you will not create derivative works from, decompile, disassemble or reverse engineer any portion of the Services; (g) you will not upload to or distribute through Services any code, scripts, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (h) you will not record, process or mine information about other users, or access, retrieve or index any portion of this Services; (i) you will not remove or modify any copyright or other intellectual property notices that appear on the Services; (j) you will not access or use the Services in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, the Services, our or our licensees’ computer systems, network or the account of any other user; (k) you will not attempt to gain unauthorized access to any parts of the Services or any user accounts, or any of the Service’s computer systems or networks; (l) you will not use the Services in any way that is unlawful, harms our business or the Services, our licensors, representatives or any other user, or breaches any policy or notice on Services; (m) you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name, likeness, image or photograph; (n) you will not charge any person for access to any portion of the Services or any information thereon; (o) you will not access the Services through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services) without our prior express written permission; (p) you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of the Services; and (q) you will not assist, encourage or enable others to do any of the preceding prohibited activities.
1.5 As between you and Carma Project, your contact information, data and other information made available through your Account or that you otherwise make available from time to time via our Services (collectively, “Your Information”) is owned by you. Your Information may include: your precise geolocation or general location (as provided by your device), user preferences, and device information and data (including photos, etc.). A more complete list of the personal information processed by Carma Project is provided in our Privacy Policy. You hereby irrevocably grant Carma Project a worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, assignable, sublicensable, transferable rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Information in connection with Services, including the right to share Your Information with third-parties at our discretion. Specifically, you grant us the right to share Your Information, including information about your vehicle, with various third-parties in order to process the recall verification services, and assist with the scheduling and remedy of an affected and eligible vehicle. Additionally, you agree to allow us to share Your Information with third-parties to facilitate further actions necessary to process the recall.
1.6 You represent and warrant that (a) the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties; (b) you will use the Services for lawful purposes only and subject to these Terms; (c) you are responsible for all use of the Services by persons accessing them through your Account; (d) you will not use the Services in any manner that could damage, disable, overburden or impair them, or interfere with their use by others; (e) any information submitted to the Services or to Carma Project by you is true, accurate, and correct; (f) you will not attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks under the control or responsibility of Carma Project through hacking, cracking, password mining, or any other means; (g) you will immediately notify Carma Project of any unauthorized use of your Account of which you become aware; (h) you are solely responsible for maintaining the confidentiality of your Account names and password(s); (i) you are not a competitor of Carma Project or its licensors and are not using the Services for reasons that are in competition with Carma Project or its licensors; and (j) you will not impersonate another person or misrepresent your affiliation with another person or entity, including using another person’s username, password or other account information or another person’s name, likeness, image or photograph.
2. Recall Verification and Notification Program
2.1 Our Services allow participating individuals (“Movers”) to determine through Carma Project if an eligible vehicle, as determined by the vehicle’s license plate number, is subject to one or more specific manufacturer recalls, and provide branded recall notices on or near eligible vehicles (“Recall Verification and Notification Program”). Any decision by you to check a vehicle’s recall eligibility or leave a notice is at your sole discretion. As a necessary condition of your participation in the Recall Verification and Notification Program, you agree to provide Carma Project with mailing information to receive service-related material in the mail including branded recall notices, swag and other materials. These notices may be sent to you via mail either directly by Carma Project or through a third-party mail service, in which case you agree to provide Carma Project with mailing information and to have that information passed on to third-party services for the purposes of receiving service-related material. You agree to provide additional information as reasonably requested by Carma Project for the facilitation of the Recall Verification and Notification Program, including providing information related to compensation purposes.
2.2 You agree that you will at all times comply with all laws and regulations when participating in the Recall Verification and Notification Program. Without limiting the foregoing, you agree that you will NOT: (i) trespass on private property; (ii) cause damage to, destruction of, inaccessibility to, or otherwise harm the personal property of others; (iii) collect personal information about individuals, including collecting a person’s image or likeness via photograph; and (iv) use an Automated License Plate Reader, or similar technology to collect license plate numbers. If you are submitting photographs, images, or other documentation to Carma Project or on the Services, you represent and warrant that you have all the necessary legal rights and permissions to do so, including those with respect to the sharing of personal information.
2.3 Notwithstanding anything to the contrary in these Terms, neither you nor anyone acting on your behalf shall directly or indirectly: (a) make any representations or warranties on behalf of Carma Project or with respect to our Services, except such as are expressly authorized by us or are set forth in our approved literature or other promotional materials; (b) engage in any unfair, anti-competitive, misleading, or deceptive practices with respect to the our Services, the Recall Verification and Notification Program; or (c) sell, market, advertise, promote, solicit the sale of, or offer to sell any competing Services, except to the extent this restriction is prohibited by applicable law.
2.4 As between you and Carma Project, you agree that Carma Project is not responsible for your actions or activities arising out of our relating to you participation in the Recall Verification and Notification Program. You understand and agree that you, not Carma Project, determines the means and methods by which potentially eligible vehicles are located and identified. In addition, you understand and agree that Carma Project is not responsible, and shall not be held liable, for you compliance with the applicable laws, regulations, rules, and other obligations to which you are subject.
2.5 Compensation to users participating in the Recall Verification and Notification process is based on the applicable terms provided by Carma Project, as provided on the Services. Compensation terms are subject to change at any time in Carma Project’s sole discretion and are effective upon notice to you via email, notices on the Website or the Carma App, or other means provided by Carma Project. Compensation may vary based on the eligible vehicle’s manufacturer, the type of recall, a Mover’s geographical region, whether the car has already been recently notified by the Carma Platform, ongoing promotions or surge pricing, whether or not the target car gets remedied, and other factors. The factors by which Carma Project determines the incentive compensation is Carma Project’s proprietary information. 2.6 Carma Project is not responsible for withholding or paying any federal, state, or local taxes, for compensation paid to any individual pursuant to this Agreement. You are solely responsible for, and shall indemnify Carma Project against, all such taxes or contributions, including penalties and interest.
3. CarmaApp
3.1 You may access the Services on your device through the Carma App made available for download by Carma Project. The Carma App may allow you to access features of the Service and/or provide dedicated features only available through the Carma App. If you download the Carma App, we may require you to update the version of the Carma App from time to time in order to continue to use the Services through the Carma App. If you are accessing the Carma App through an Apple device, then the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
(a) To the extent that you are accessing the Service through an Apple device, you acknowledge that these Terms are entered into between you and Carma Project and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(b) The license granted to you in these Terms is also subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: //www.apple.com/legal/itunes/us/terms.html).
(c) You acknowledge that Carma Project, and not Apple, is responsible for providing the Service and content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(f) Notwithstanding anything to the contrary herein, and subject to these Terms, you acknowledge that, solely as between Apple and Carma Project, Carma Project, and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Services fail to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(g) Further, you agree that if the Services, or your possession and use of the Services, infringe on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
4. Desktop, Mobile, and Telephone Services
4.1 The Services include certain services that are available via a mobile device, which may include the ability to upload content to the Service via a mobile device and the ability to browse the Service and the Website from a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that certain information about your usage of the Mobile Services may be communicated to us.
4.2 By submitting your phone number to Carma Project, whether through the Services, the Mobile Services, or any SMS messaging feature in connection with the Services, you (i) represent that you are the true account holder for such telephone number, or have the account holder’s authorization to use such phone number, and (ii) are consenting to be contacted by us or any of our affiliates and authorized vendors acting on our behalf, by telephone (on a recorded line or otherwise), automated calling, automatic telephone dialing systems, pre-recorded calling, pre-recorded voice message, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. Standard message and data rates may apply. You may contact us at any time to change these Mobile Service preferences. You understand that We and our vendors and affiliates may maintain the contact information you submitted to us, even if you decide not to use the Services in the future. If you wish to revoke you consent at any time, you may do so by updating your account information or by emailing us at legal@carmaproject.com. Carma Project is not responsible for any SMS messaging initiated by third-parties by our affiliates and/or authorized vendors. You must revoke your consent directly with our affiliates and/or authorized vendors. In the event you change or deactivate your telephone number, you agree to promptly update your Account Information.
5. Intellectual Property Rights
5.1 The Services are the property of Carma Project, and are protected by copyright, trade secret and other intellectual property laws. Carma Project and its licensors retain any and all rights, title and interest in and to the Services (including, without limitation, all intellectual property rights), including all copies, modifications, extensions and derivative works thereof. All rights not expressly granted to you are reserved and retained by Carma Project and its licensors. These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except necessary for you to view the Website content in the normal course of business or personal use, or as expressly permitted by Us.
5.2 Carma Project name, Carma Project logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Carma Project, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Carma Project. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
6. Promotional Terms
Limited time promotional offers by Carma Project are subject to the following terms: Offer available only to select individuals. Offer is subject to additional terms specified in the promotional description. Carma Project reserves the right to modify or cancel the offer at any time. Offer good while supplies last. Offer is non-transferrable and may not be sold. If you violate any of the offer terms, the offer will be invalid.
7. Third-party Websites
The Services may provide, or third-parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and We are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Carma Project will not be responsible or held liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third-parties found while using the Services are between you and the third-party, and you agree that We are not liable for any loss or claim that you may have against any such third-party. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
8. Privacy
Your privacy is important to Carma Project. Accordingly, We have adopted a privacy policy. You should refer to Carma Project's Privacy Policy to understand how we collect, use and disclose your personal information.
9. General Disclaimer
Use of our Services does not guarantee any result. Use of the our Services to determine the applicability of a product recall to a particular vehicle is for informational purposes only. The determination of whether a particular vehicle is subject to recall depends on third-party actions outside of our control, including the updating of dealer records and recall information from product or vehicle manufacturers, dealers, or other third-parties. We are not responsible for processing, administrating, or otherwise completing any product recall process, nor are we liable for the representation, correct or otherwise, that a vehicle is subject to a recall. Your reliance on any information provided through the Services is at your own risk. Carma Project makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of our Website, the Carma App, or the results of a recall verification request. Carma Project expressly disclaims liability for errors and omissions related thereto.
10. Disclaimer of Warranties
You understand that Carma Project cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF SERVICES, OUR CONTENT, AND ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARMA PROJECT NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CARMA PROJECT NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY INFORMATION OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR Services OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, CARMA PROJECT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CARMA PROJECT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PERSONAL ECONOMIC LOSS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OR POSTED ON THE WEBSITE, THE MAXIMUM LIABILITY THAT CARMA PROJECT SHALL HAVE IN THE AGGREGATE IS LIMITED TO ONE HUNDRED U.S. DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
12. Indemnification
You shall indemnify, defend, and hold harmless Carma Project and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by Indemnified Party, relating to any claim of a third party arising out of or occurring in connection with your negligence, willful misconduct, or breach of these Terms.
13. Governing Law and Jurisdiction
These Terms shall be deemed entered into Orange County, California and will be governed by and interpreted in accordance with the substantive laws of the State of California, without regard to its conflict of laws principles, and applicable federal laws of the United States. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Website Terms.
14. Dispute Resolution and Arbitration
Except for claims for provisional equitable relief, all disputes arising hereunder shall be settled in an amicable discussion between you and Carma Project. If any dispute should arise between you and Carma Project which cannot be resolved in such manner, before resorting to any other legal remedy (other than provisional equitable remedies such as temporary injunction and/or restraining order), both of us shall attempt in good faith to resolve any such controversy or claim by mediation or arbitration before and in compliance with the rules established by JAMS. Any arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). If we are unable to resolve the dispute within sixty (60) days of submission to JAMS, then either of us may file suit solely in any court of competent jurisdiction in Orange County, California.
YOU MAY ONLY RESOLVE DISPUTES WITH CARMA PROJECT ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF CARMA PROJECT AND ITS SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction in Orange County, California and not in arbitration.
15. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. Waiver and Severability
No waiver by Carma Project of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of Carma Project to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full-force and effect.
17. Entire Agreement
The Terms, our Privacy Policy and any applicable additional terms constitute the sole and entire agreement between you and Carma Project regarding use of the Services and Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
18. Contact Us
If you have any questions concerning these Terms or any other agreement, please contact us via email at legal@carmaproject.com.
19. Notice for California Users
If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to Carma Project, Inc., 2900 Bristol Street, Suite D-201, Costa Mesa, CA 92626, with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
