TERMS AND CONDITIONS
Last Updated SEPTEMBER 2024
These Terms and Conditions are an agreement between Revoway (the "Company", "We", "Us", "Our"), a California corporation whose principal address is 17000 Ventura Blvd ste 206, Encino, CA 91316 and you the user ("You", "Your"). These Terms and Conditions, subject to amendment from time to time, as well as the End-User Agreement and Privacy Policy (the "Agreements") represent the entire understanding and agreement between You and the Company with respect to the website www.Revoway.com (the "Site" and also referred to as the "Application") with respect to the subject matter of the same (the "Agreements"), and supersedes all other negotiations, understandings and representations (if any) made by and between you and the Company. These Terms and Conditions shall not be construed more strongly against the Company despite its responsibility for its preparation. Any updates to these Terms and Conditions will be posted on the Application. BY PARTICIPATING IN OUR SERVICES, YOU AGREE, ACCEPT AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH BELOW. WE HAVE THE RIGHT TO REFUSE SERVICE BASED ON LOCAL, STATE OR FEDERAL LAWS RELATING TO ANY JURISDICTION. YOU HAVE ANY QUESTIONS, CONTACT OUR CUSTOMER SERVICE TEAM AT info@revoway.com. The Terms and Conditions describe when and the conditions under which You are allowed to access or use the Application. Please read these carefully before visiting the Application. If You do not agree to these Terms and Conditions, You may not visit, use, or access the Application and You may not click to accept the Terms and Conditions when prompted on the Application.
ABOUT THE COMPANY AND THE APPLICATION
The Application
The Application is a service that provides freight shipping and vehicle shipping that specializes in shipping customer's vehicles and freight anywhere in the United States (the "Services"). There is no account set-up required by a User.
Compliance with Law
The Company represents and warrants that it is duly and legally qualified to operate as a property broker and to provide the transportation services contemplated herein. The Company agrees to comply with all federal, state and local laws regarding the provision of such brokerage services. The Parties understand and agree that the Company functions as an independent entity, and not as a carrier, in selling, negotiating, providing and arranging for transportation for compensation, and that the actual transportation of shipments tendered to the Company shall be performed by third-party motor carriers ("Servicing Motor Carriers").
Policies, Payment and Charges
Vehicle Shipping. You warrant that You are the registered legal owner of the vehicle being transported (the "Vehicle"), or that You have been duly authorized by the legal owners to enter into this agreement for transportation of the Vehicle. In the event that You cancel this agreement for any reason whatsoever before a carrier has been assigned to a particular load there will be no cancellation fee. If after a carrier is assigned, You shall pay the Company a minimum cancellation charge of $150.00. If a carrier is onsite for pickup and You are unwilling to hand over the vehicle to the carrier, You will be charged a "dry run fee" of $250.00. A "dry run" fee may be assessed in the event You are unavailable or unwilling to provide the Vehicle for transportation as of the first date of availability as designated on the shipping form. You, upon tender of the Vehicle to the Company or its transportation agent, and the consignee, upon acceptance of delivery by You or Your agent, shall be jointly liable for any and all unpaid charges payable on account of the shipment, including but not limited to, sums advanced or disbursed by the Company or any of its agents on account of such shipment and any and all costs of collection including costs and reasonable attorneys' fees. You shall not leave personal belongings in the Vehicle except those attached to and part of the Vehicle. The Company shall not be responsible for loss of or damage to personal belongings, including without limitation any personal property which is not factory installed, that are not a part of the Vehicle. Unless the order has been prepaid, or other arrangements have been made, You shall pay all COD amounts, including any additional charges,in all payments for the balance due to Carrier for C.O.D. must be made on or before the delivery of Shipment in the form of cash, certified funds, cashier's check or money order made payable to the Carrier. Any payment not made shall accrue interest monthly at a rate of one and a half percent (1.5%).Customer WILL NOT use personal checks, debit or credit cards when making payments to the Carrier. In the event that said forms of payments are not available at delivery You shall be responsible for any and all storage fees assessed. In order to make pick up/delivery, You agree to meet the Company at a specified time and place if necessary. If Shipment is placed in storage due to Your refusal to pay the fees or accept delivery from a carrier for any reason, then the shipment may be placed in storage at Your expense and subject to Carrier's lien for transportation charges until Customer pays in full the outstanding balance. Any and all storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to Revoway for reimbursement. In addition, You shall pay any and all costs, including without limitation storage, towing and additional delivery costs, incurred as a result of your breach of any warranty or obligation under this agreement. Signing the Company's bill of lading or its transportation agent's bill of lading at destination without notation of damage shall be evidence of satisfactory delivery of the Vehicle. The Company's responsibility for the Vehicle commences when the bill of lading is issued and signed by the driver and terminates when the Vehicle is signed for at destination. The Company or any of its agents shall not be liable for damages, including without limitation any of the following, not caused by their negligence: a. Damage caused by fluids, acids, cooling system antifreeze, industrial fallout or damage caused by acts of God; b. Damage that is undetectable due to Vehicle's condition or glass damage caused by normal wear and road use; c. Mechanical malfunctions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of engine or damage that is a result of tie downs tearing or breaking; d. Auto rental accruals; e. Damage resulting from the Vehicle being overloaded; f. Damage to the Vehicle because it cannot be driven on or off transporter under its own power or has defective or insufficient brakes, parking brake or parking gear. You shall be responsible for preparing the Vehicle for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc., must be removed and/or properly secured. Any part of the Vehicle that falls off during transport is Your responsibility, including damages caused to any other vehicles involved. Security systems should be disarmed and any keys or transmitters for said device must be provided to the transporter. The Company and its transportation agent transporting the Vehicle are hereby authorized to operate and transport the Vehicle from point of origin to the destination specified in the bill of lading. The Company is authorized to drive the Vehicle either at point of origin or point of destination between the points of loading/unloading and the points of pickup/delivery, and You shall provide insurance for the same. In the event that there are any unforeseen delays regarding delivery, federal regulations require that all outstanding freight charges be paid without deductions. You agree to properly note any damage claimed at the time of the delivery of the Vehicle, and to pay the balance of the delivery charges in cash or certified funds. Damages not noted on the transportation agent's bill of lading will not be honored (no exceptions). Any claim of damage caused by the Company must be made within 15 days of delivery in writing, specifying the damage claimed. The transportation agent actually transporting the Vehicle shall be liable for any and all damage claims arising from the transport. You agree to file all claims with such transportation agent as identified on the transportation agent's bill of lading/delivery receipt, and to bring any legal action for damages against such transportation agent only. You agree to release and hold harmless the Company from any such claims. The Company does not guarantee the date or time of delivery. You shall pay an additional $250 if the Vehicle is or becomes inoperable during transport, and an additional amount for if the Vehicle is oversized or overweight, unless the Vehicle is disclosed as being inoperable, oversized or overweight, respectively. All inoperable vehicles must steer, brake and roll. While the Company and its agents are driving the Vehicle for purposes of parking, storage and other purposes incidental to performance of the obligations under this Agreement, The Company shall have the full benefit of any insurance that has been affected by You on the Vehicle, unless said insurance coverage is void while the vehicle or property is in the possession of the Company and its agents. You shall, in its absence, designate someone to act as the Your agent at the points of pick up and/or delivery.
Freight Shipping. You shall tender certain freight shipments, from time to time, to the Company. The Company will charge and You will pay in accordance with the rates, charges, and payment terms set forth in the Company's tender if accepted by the Company or the Company's signed Rate Confirmation Agreement if accepted by You, for transportation services performed under this Agreement. In cases where there is a conflict in the details of an accepted tender and an accepted Rate Confirmation, the Rate Confirmation Agreement shall prevail. The Company represents and warrants that there are no other applicable rates or charges except those set forth in the Broker Shipper Agreement. In the event brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in place, the Parties agree that the charges invoiced by the Company shall be the agreed upon contract rate of the Parties for the services provided, unless such payment is objected to by You within thirty (30) days of the invoice date. You agree to pay the Company within thirty (30) days of receiving the invoice, with interest accruing monthly at a rate of one and a half percent (1.5%). You shall also be liable for any expenses, including attorney fees, the Company incurs in collecting its rates and charges.
Indemnification
The Company shall indemnify, defend and save You, your employees, and agents harmless from and against any and all liability, claims, loss, costs, fines, penalties, expenses (including attorney's fees), judgments, or demands on account or damage of any kind whatsoever, including but not limited to personal injury, property damage, cargo damage, or any combination thereof, suffered or claimed to have been suffered by any person or persons, arising out of the Company's services provided in connection with this Agreement to the extent such claim is caused by 1) the negligence or intentional misconduct of the Company; 2) The Company's or its employees' violation of applicable laws or regulations; or 3) The Company's or its employees' or agents' breach of this Agreement. The foregoing notwithstanding, the Company shall have no liability to You under this provision, or otherwise owe any obligation to You under this provision, to the extent such liabilities or obligations represent consequential or special damages or are the result of or arise from the negligence or other wrongful conduct of You.
You shall indemnify, defend and save the Company, its employees, and agents harmless from and against any and all liability, claims, loss, costs, fines, penalties, expenses (including attorney's fees), judgments, or demands on account or damage of any kind whatsoever, including but not limited to personal injury, property damage, cargo damage, or any combination thereof, suffered or claimed to have been suffered by any person or persons, arising out of Your performance under this Agreement to the extent such claim is caused by 1) Your negligence or intentional misconduct; 2) You or Your or its employees' or agents' violation of applicable laws or regulations; or 3) You or Your employees' or agents' breach of this Agreement, except to the extent such liability, claims or loss represent consequential or special damages, or are the result of the negligence or other wrongful conduct of the Company.
In the event that such claims, liabilities, losses, damages, fines, penalties, payments, costs and expenses (including without limitation, reasonable attorney fees) are caused by the joint and concurrent negligence or other fault of the Parties, or the Parties and a third party, the indemnity obligations for such claims, liabilities, losses, damages, fines, penalties, payments, costs, and expenses shall be borne by each Party in proportion to its degree of negligence or other fault. Any indemnified Party shall promptly tender the defense of any claim to the indemnifying Party. In no event shall either Party be responsible for any special or consequential damages.
Independent Contractor
The Company represents and warrants that it is an independent contractor and that its employees are under its exclusive management and control, and that You neither exercise nor retain any control over the Company, its operations or employees in any manner whatsoever.
Contract Carriers
The Company shall make reasonable efforts to place Your loads with responsible Servicing Motor Carriers authorized to perform the services required by You for the purposes of transporting the loads with reasonable dispatch under the direction of You. In no event will the Company tender any goods of Yours to a Servicing Motor Carrier holding an "Unsatisfactory" safety rating. The Company also agrees to utilize only Servicing Motor Carriers that possess all insurance coverages required by applicable law. However, the Parties understand and agree that the Company, by signing this Agreement, makes no express or implied warranties or guarantees concerning delivery time or the locating of a Servicing Motor Carrier to provide the transportation services requested by You. Moreover, You acknowledge and agrees that such Servicing Motor Carrier's might limit Your recovery for claims for cargo loss, damage or delay.
Insurance
The Company shall comply with all insurance and bonding requirements imposed upon it by law, including its obligation to maintain a surety bond to benefit You.
Cargo Loss, Damage, or Shortage
In the event of a cargo loss, damage or shortage claim, You agree to notify the Company immediately by phone and to subsequently submit to it a written claim, fully supported by all relevant documentation, including but not limited to the signed delivery receipt, listing the nature and cause of the claim for cargo damage within twenty (20) days following the date of delivery. No claims or allowances for shortages, damage or delay will be considered unless clearly noted on the delivery receipt or bill of lading signed by the consignee at delivery. The Company shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by the Company's negligent acts or omissions. With respect to the standard for Company negligence with respect to Servicing Motor Carrier's insurance, the failure of the Servicing Motor Carrier to possess insurance required by law will be deemed a negligent act or omission on the part of the Company, however where such omission was as a result of fraud or misrepresentation on the part of the Carrier, the Company shall not be deemed negligent.
Shipping Documents
Unless otherwise agreed in writing, all shipments tendered shall be accepted on a bill of lading which shall function as a receipt of the goods only; the terms and conditions of such bill of lading will not apply to transportation provided pursuant to this Agreement. Upon Your request, the Company shall instruct Servicing Motor Carriers to obtain a delivery receipt from the consignee, showing the products delivered, condition of the shipment and the date and time of such delivery.
Notification of Accidents or Delays
The Company agrees to notify You of any accident or other event of which the Company is apprised and which prevents the motor carrier from making a timely or safe delivery.
REPRESENTATIONS AND WARRANTIES
The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or other computing device and/or account. You represent and warrant that: (i) You have the authority to, and are of legal age in your jurisdiction, to bind yourself to this Agreement; (ii) Your use of the Services will be solely for purposes that are permitted by this Agreement; (iii) Your use of the Services will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of the Services will comply with all local, state and federal laws, rules, and regulations, and with all other Company policies and procedures. You are allowed to use the Services as long as You follow the rules and restrictions as set forth in the Agreements and as per the applicable law in the state in which you reside.
PROHIBITED SITE USES
You may not use, or encourage, promote, facilitate, instruct, or induce others to use, the Services for any activities that violate any law, statute, ordinance or regulation; or for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others. The following are some examples of uses that are prohibited on the Applications by users or anyone who accesses or uses the Applications, or when using the Services:
a. Seeking, offering, promoting, or endorsing services, content, or activities that:(i) are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature; (ii) would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website; (iii) would violate (a) Terms and Conditions, (b) other policies and Agreements, or (c) the terms of service of another website or any similar contractual obligations; (iv) regard the creation, publication, or distribution of "fake news", content or similar content, which is, in the Company's sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage; (v) regard or promote in any way any escort services, prostitution, or sexual acts; or (vi) are harassing toward another person based on the person's inclusion in a protected class as defined by applicable law; (vii) is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (viii) defames, harasses, abuses, threatens, or incites violence towards any individual or group;
b. fraudulent or misleading uses or content, including: (i) fraudulently billing or attempting to fraudulently bill any user; (ii) impersonating any person or entity; (iii) falsely attributing statements to any Company representative; (iv) falsely stating or implying a relationship with the Company or with another company with whom you do not have a relationship; (v) allowing another person to use Your account; (vi) Making or demanding bribes or other forms of payments without the intention of providing services in exchange for the payment; (vii) duplicating or sharing accounts; (viii) selling, trading, or giving an account to another person; (ix) directly or indirectly, advertising or promoting another website, product, or service or soliciting other Providers for other websites, products, or services, including advertising on the Applications to recruit Providers and/or users to another website or company;
c. Interfering or attempting to interfere with the proper operation of the Application or Services, including by: (i) bypassing any measures that the Company may use to prevent or restrict access to the Applications; (ii) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Applications; (iii) using any robot, spider, scraper, or other automated means to access the Applications for any purpose without our express written permission; (iv) attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Applications; (v) collecting or harvesting any personally identifiable information, including account names, from the Applications; (vi) attempting to or imposing an unreasonable or disproportionately large load on the Application's infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code; (vii) accessing or attempting to access the Applications or Services by any means or technology other than the interface provided; or (viii) framing or linking to the Applications or Services except as permitted in writing;
d. Conduct or actions that could jeopardize the integrity of or circumvent the Application, Services or proprietary information, including: (i) attempting to, or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Application or Services unless expressly permitted by applicable law or the Company; or (ii) accessing or using the Application or Services to build a similar service or application, identify or solicit Application users; (ii) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
USE OF APPLICATION
Your use is non-transferable. You agree that only you may use the Application. Participation is subject to the Agreements, as well as policies and procedures that the Company may adopt or modify from time to time. Any failure to abide by the Agreements or any policies or procedures implemented by the Company, any conduct detrimental to the Application, or any misrepresentation or fraudulent activities in connection with the Services, may result in termination of Your use of the Service, as well as any other rights or remedies available to the Company.
MODIFICATION OR TERMINATION OF THE SERVICE
The Company reserves the right to modify these terms and conditions, condition of participation, or any other aspect of the Services, in whole or in part, at any time, with or without notice to you (except as otherwise specified herein).
THIRD PARTY PROCESSOR
The Company will use Square as a third-party payment processor to process any payments after a shipment has been picked up. When you process payments via a third-party payment processor, You shall separately read and agree to their User Agreement and comply with this Agreement and the business rules of such partner. The Company shall assume no responsibility for any loss or damage. By using the Services, You understand and agree that the Company is not responsible or liable for terms and conditions or limitations set by or monetary action taken by Square. This includes, but is not limited to refunds, service fees, fraudulent charges or any other fees imposed by Square. We reserve the right to delay, cancel, reverse (to the extent possible) or refuse to process, any submitted transaction, if: (i) required by law or regulations or in response to a subpoena, court order, or other government order or to enforce transaction limits; (ii) We suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity; (iii) We reasonably suspect that the transaction is erroneous; (iv) if We suspect the transaction relates to prohibited use as set forth in this agreement; or (v) We suspect that you have breached any terms of this agreement. In such instances, we are under no obligation to allow you to reinstate a transaction.
INTELLECTUAL PROPERTY
If You believe that material located on or linked to the Application violates your copyright, please notify us in accordance with our Digital Millennium Copyright Act Policy. The Company respects the intellectual property rights of others and requests that Our users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a user's access to and use of the Application if, under appropriate circumstances, the user is determined in the Company's sole discretion, to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access for users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Application infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending a properly formatted take-down notice in writing to the Company designated copyright agent at admin@bossrentals.com. If the Company takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties. If You believe that Your user generated content that has been removed from the Application is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content You submitted to the Company, You may send a properly formatted counter-notice to the Company copyright agent using the contact information set forth above. If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Applications in 10 to 14 business days after receipt of the counter-notice. The Company retains all ownership of Our intellectual property, including Our copyrights, patents, and trademarks. This Agreement does not transfer from the Company to You any Company or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Company. We reserve all rights that are not expressly granted to you under the Agreements. Specifically, the Application and all other trademarks that appear, are displayed, or are used on the Application or as part of the Services are registered or common law trademarks or service marks of the Company. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from the Company, except as an integral part of any authorized copy of the content.
LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES
You agree that the Application is solely a web application, and its owner, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of the Services, any failure or delay by the Application in connection with the Service, or the performance or non-performance of the Service. The Company shall have the right to choose its service partners in its sole and absolute discretion. In the event of a disruption in service from a partner, the Company shall have the right in its sole and absolute discretion to substitute that partner with another partner. Notwithstanding this disclaimer, if the Company is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then its liability will in no event exceed, in total, the sum of $100.00. You agree to indemnify and hold harmless the Company from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Applications, including but not limited to your violation of the Agreements. If you have a dispute with one or more users, You hereby release the Company from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
NO WARRANTY
The Company makes no warranty of any kind regarding the Services which are provided on an "as-is" and "as-available" basis. The Company expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The Company is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Services, including without limitation, that the Services will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the services. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Links to Other Websites
The Service will not contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
ENTIRE AGREEMENT; SEVERABILITY
The Agreements contain all of the terms of the Services, and no representations, inducements, promises or agreements concerning the Services not included in these Agreements shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
GOVERNING LAW
THIS AGREEMENT AND THE TERMS OF THE SERVICES SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
ARBITRATION
In the event of a dispute between You and the Company, You and the Company agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties mutual interests. ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE APPLICATIONS OR TO ANY ACT OR OMISSION FOR WHICH YOU MAY CONTEND shall be submitted to final and binding arbitration to be conducted in Los Angeles County, California. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association, (http://www.adr.org) or JAMS (http://www.jamsadr.com). In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select the other firm. Each party will bear its own expenses, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the dependency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION NEAREST TO LOS ANGELES COUNTY, CALIFORNIA. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. BOTH YOU AND THE SITE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Los Angeles County, California. The parties also agree to have any such dispute heard before a Judge and waive any rights to a trial by jury THAT THE COMPANY IS LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY.
ASSIGNMENT
The Company may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your rights or obligations pursuant to these Terms and Conditions.
COMMUNICATION BETWEEN US
You understand that the Company may monitor, tape and/or record any conversation that may occur between us. However, the Company is not obligated to do so and it may choose not to do so. You authorize the Company to contact you at its discretion by using prerecorded messaging, predictive dialing devices, and electronic messaging including but not limited to SMS, Text, MMS, Chat, IM, and Email. If you choose not to be contacted by this method, please contact support at info@revoway.com or call the Company at +1 (424) 738-6929.
ANY PERSON WHO USES THE APPLICATION ACKNOWLEDGES AND AGREES THAT THEY HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS ALONG WITH THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, AND THEREFORE WILL BE BOUND BY THESE AGREEMENTS.