Termini e condizioni del servizio
DrivePlay, Co, hereinafter referred to as "We," operates the website available at www.DrivePlay.co (the "Website"). This Agreement governs your usage of our Website and your procurement of any products from DrivePlay (the "Products").
The Website and Products are presented to you with the expectation of your acceptance of these specific Terms and Conditions, hereinafter referred to as the "Terms" or "Agreement." It is essential that you carefully review these Terms as they constitute a legally binding agreement between you and DrivePlay. By indicating your agreement to these Terms, you also express your consent to adhere to the DrivePlay Privacy Policy, Online Return Policy, and Shipping Policy, all of which are expressly incorporated by reference within this Agreement.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS, WHICH MEANS YOU RELINQUISH YOUR OPPORTUNITY FOR A COURT HEARING, JURY TRIAL, OR PARTICIPATION IN A CLASS ACTION LAWSUIT. ARBITRATION IS COMPULSORY AND SERVES AS THE SOLE REMEDY FOR ANY DISPUTES, UNLESS OTHERWISE STATED HEREIN OR IF YOU CHOOSE TO OPT OUT. PRIOR TO ACCESSING, UTILIZING, OR MAKING ANY PRODUCT PURCHASES THROUGH THE WEBSITE, YOU MUST THOROUGHLY REVIEW THIS DOCUMENT IN ITS ENTIRETY.
User Obligations
By downloading, accessing, or utilizing the Website, you confirm that you are at least eighteen (18) years old or have reached the legal age of majority, whichever is greater. Your agreement to these Terms is implied in such action. Furthermore, you pledge to adhere to all relevant local, state, and national laws and regulations in relation to your Website usage. Additionally, you commit to consistently provide accurate, up-to-date, and complete information, including any necessary updates when submitting information to DrivePlay through the Website. Your use of the Website is restricted to compliance with the provisions outlined in this Agreement, and you shall refrain from employing the Website or its content for commercial, political, obscene, illegal, or inappropriate purposes. DrivePlay retains the unilateral right to terminate your access to the Website for any reason or without specifying a reason. In the event that you register for an account on the Website, you may be required to specify an email address and password, along with any additional requisites stipulated by DrivePlay from time to time. You bear full responsibility for all activities associated with your use of the Website, including those linked to your password and account access. Should you suspect or become aware of any unauthorized use, loss, or theft of your password, you are obligated to promptly notify DrivePlay.
Purchases through the Website
All purchases made through the Website are subject to our approval. This implies that we have the discretion to decline or cancel any transaction, without any obligation or liability to you or any third party. The Website is not designed for orders from dealers, wholesalers, or individuals looking to resell items featured on the Website. DrivePlay expressly conditions the acceptance of your order on your adherence to these Terms, as well as any additional terms and conditions provided on the Website that govern the purchase of specific Products. When you place orders for Products via the Website, you commit to providing accurate, current, and complete information. DrivePlay retains the right to modify product specifications and prices, both on the Website and external to it, without prior notice and without incurring any obligation to you. Prices and product availability may change without advance notice, and DrivePlay reserves the right to withdraw any offer and rectify any errors, inaccuracies, or omissions.
DrivePlay aims to ensure your satisfaction with your purchases from this Website. If you intend to return a product, please refer to our Online Return Policy and Store Returns Policy, which are integrated into this Agreement by reference.
Website Ownership and Content
The DrivePlay website, found at www.DrivePlay.co, encompasses a variety of materials, including but not limited to text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising content, URLs, technology, software, and the overall arrangement or "look and feel" of such materials, including copyrightable material. Additionally, it may feature trademarks, logos, and service marks that pertain to DrivePlay, its licensors, licensees, or other third parties, collectively referred to as the "Content." Ownership, licensing, or control of the Website and its Content rests with DrivePlay, its licensors, and specific third parties. All rights, titles, and interests in and to the Content and the Website belong to DrivePlay, its licensors, or designated third parties and are safeguarded by the fullest extent of United States and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws. Your utilization of the Website does not grant you any ownership, intellectual property rights, or other interests in any item or content found on the Website. Subject to your agreement with and compliance with this Agreement, DrivePlay extends to you a limited, non-exclusive, non-transferable, non-assignable, and revocable license. This license permits you to access, display, view, and utilize the Content on the Website strictly for your personal, non-commercial purposes. You acknowledge and accept that DrivePlay may immediately and without prior notice suspend or terminate the availability of the Website, its Content, or the Products, without incurring any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or content on the Site, hereby referred to as "User-Generated Content," you grant DrivePlay a perpetual, irrevocable, royalty-free, worldwide, sub-licensable, and transferable license. This license enables DrivePlay to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any portions thereof. You further affirm, guarantee, and agree that any User-Generated Content you provide does not infringe upon any laws or the rights of any third party, and you possess the full authority to grant DrivePlay the specified license as outlined above. DrivePlay is entitled to utilize any User-Generated Content without incurring obligations of confidentiality, attribution, or compensation to you.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, ALONG WITH ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ACCESSIBLE FROM OR THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. DRIVEPLAY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS AVAILABLE ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3)ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER HOSTING IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL DRIVEPLAY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE. THIS INCLUDES ANY CLAIMS, CAUSES OF ACTION, FEES, EXPENSES, COSTS, OR LOSSES ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS. PLEASE NOTE: THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MENTIONED ABOVE MAY NOT APPLY IN NEW JERSEY.
Dispute Resolution & Arbitration Agreement
Section 1: Dispute Resolution Overview
Any dispute arising in connection with your visit to, or use of, the Website, the Products, or any purchase related to this Agreement ("Dispute") shall be resolved through either small claims court or confidential, binding arbitration. The resolution of such Dispute shall be governed exclusively by the laws of the State of California, with the exclusion of its conflict of law provisions.
Section 2: Class Action Waiver and Arbitration Agreement
(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law, DrivePlay and you mutually agree that all Disputes, excluding those filed in small claims court, shall be referred to final and binding arbitration (referred to as the "Arbitration Agreement"). The terms "DrivePlay," "you," "we," and "us" in this Arbitration Agreement encompass our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries, and affiliates. Additionally, this includes those entities and our respective agents, employees, licensees, licensors, and content providers as of the time when your or our claim arises.
This Arbitration Agreement is intended to be broadly construed and encompasses, but is not limited to, the following:
- Claims arising from or related to any aspect of the relationship between us, whether founded in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory.
- Claims that arose before this Arbitration Agreement or any prior Arbitration Agreement, including claims related to advertising.
- Claims for mental or emotional distress or injury that do not arise from physical bodily injury.
Notwithstanding the above, the following matters are exempt from arbitration and may only be resolved in the state and federal courts of California: (i) Any dispute, controversy, or claim regarding the validity of DrivePlay's intellectual property rights and proprietary rights, including but not limited to patents, trademarks, service marks, copyrights, or trade secrets. (ii) Legal actions seeking temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. (iii) Legal actions by DrivePlay against non-consumers. (iv) Interactions with governmental and regulatory authorities.
Either party may choose to have Disputes heard in small claims court, seeking solely individualized relief, as long as the action is not removed or appealed to a court of general jurisdiction.
(2) Class Action and Jury Trial Waiver: Both you and DrivePlay mutually agree that, to the fullest extent allowed by law, each party may assert claims (whether in small claims court or through arbitration) against the other solely on an individual basis. Neither party shall participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that neither you nor DrivePlay may bring a claim on behalf of a class or group, and neither may initiate a claim on behalf of any other person, except as a parent, guardian, or in a similar capacity for an individual who is unable to bring their own individual claim. Additionally, both you and DrivePlay are precluded from participating in any class, collective, consolidated, private attorney general, or representative proceeding initiated by a third party.
Notwithstanding the above, you or DrivePlay may engage in a class-wide settlement.
To the fullest extent allowed by law, both you and DrivePlay waive the right to a jury trial.
YOU ACKNOWLEDGE THAT YOU HAD THE RIGHT TO LITIGATE IN A COURT, HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND BE PART OF A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU AGREE THAT YOUR CLAIMS SHALL BE RESOLVED INDIVIDUALLY AND EXCLUSIVELY THROUGH ARBITRATION OR SMALL CLAIMS COURT. You expressly commit to refraining from initiating or participating in any claim in a representative or class-wide capacity. This includes refraining from initiating or participating in any class action or class-wide arbitration.
You have a thirty (30) day window from the date of your product purchase or the provision of information to the website to opt out of this Arbitration Agreement. To exercise this opt-out option, you must contact us in writing at support@driveplay.co (email). If more than thirty (30) days have elapsed since your product purchase, you are not eligible to opt out of arbitration concerning claims related to that product. If more than thirty (30) days have elapsed since you provided information to the website, you are not eligible to opt out of arbitration concerning claims related to the website.
This Arbitration Agreement constitutes a transaction in interstate commerce, and therefore, the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement shall remain in effect even after the termination of this Agreement.
(3) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: We acknowledge that sincere, informal attempts to resolve disputes can often lead to a swift, cost-effective, and mutually beneficial resolution. Therefore, any party wishing to commence arbitration or file a claim in small claims court must first send a written Notice of Dispute ("Notice") to the other party. If you are sending the Notice to DrivePlay, please email it to support@driveplay.co ("Notice Address"). The Notice must contain the following information: (i) Your name, address, and email address. (ii) A description of the nature and basis of the claim or dispute. (iii) Relevant facts regarding your use of the DrivePlay website, including whether you have created an account, received emails from the DrivePlay website, or made purchases from the DrivePlay website. If so, please provide the date(s) of your purchase(s). (iv) A description of the nature and basis of the specific relief sought, including any damages claimed and a detailed calculation of them. (v) A personally signed statement from you (not your counsel) verifying the accuracy of the contents of the Notice.
The Notice must be individualized and pertain exclusively to your dispute, not anyone else's.
Upon receipt of a complete Notice, both parties must make a good-faith effort to resolve the dispute for a 60-day period (which can be extended by mutual agreement). Upon receiving the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can take place after the 60-day period). Both parties, along with their counsel if represented, must attend this conference personally. They must collaborate to schedule the conference at the earliest mutually convenient time and endeavor to reach a resolution. If no agreement is reached within 60 days from the receipt of the completed Notice (or a longer period if agreed upon by both parties), either you or DrivePlay may initiate an arbitration proceeding or, if small claims court rules permit, a small claims court proceeding.
Adherence to this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a precondition for initiating arbitration. During the informal dispute resolution procedures detailed in this subsection, any applicable time limitations (including statutes of limitations) and filing fee deadlines will be suspended. All of these procedures are crucial to ensuring that you and DrivePlay have a genuine opportunity to resolve disputes informally. Failure to meet any of these requirements may result in a court of competent jurisdiction enjoining the filing or pursuit of arbitration. Additionally, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or request fees related to an arbitration that has been initiated without completing the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If arbitration is already in progress, it will be administratively closed. This paragraph does not limit a party's right to seek damages for non-compliance with these Procedures in arbitration.
(4) Arbitration Procedure: The arbitration will be conducted in accordance with the applicable rules of National Arbitration & Mediation ("NAM"), which include the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable ("NAM Rules"). NAM will oversee the administration of the arbitration, but if NAM is unable or unwilling to do so, the parties will select another arbitration provider to handle the case. If the parties cannot agree on an alternative administrator, the court will make the selection pursuant to 9 U.S.C. §5. The NAM Rules are accessible online at www.NAMADR.org or can be obtained in writing at the Notice Address. You can obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
Both you and DrivePlay agree that the party initiating arbitration must provide a certification confirming their compliance with and completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures outlined in subsection (3) above. Additionally, they must confirm their status as a party to the enclosed Arbitration Agreement, which should be included with or attached to the arbitration demand. The demand for arbitration and certification must bear the personal signature of the party initiating arbitration (and, if applicable, their counsel).
The arbitrator is responsible for deciding all matters, except as explicitly provided in this Arbitration Agreement and except for issues related to the scope and enforceability of the Arbitration Agreement or whether a dispute should be resolved through arbitration. These latter issues are subject to the jurisdiction of a court of competent authority. While the arbitrator may consider rulings from other arbitrations involving different customers, they are not bound by them.
Unless both parties agree otherwise or the NAM Rules dictate otherwise, arbitration hearings will be conducted in the county (or parish) listed as your billing address. For individuals residing outside of the United States, arbitration proceedings shall commence in Los Angeles, California. Upon conclusion of the arbitration, the arbitrator will issue a reasoned written decision that sufficiently elucidates the key findings and conclusions forming the basis of the award. The arbitrator's decision is legally binding only between you and DrivePlay and does not have any preclusive effect in another arbitration or proceeding involving a different party. A fully satisfied arbitrator's award shall not be entered in any court.
Similar to proceedings in court, both you and DrivePlay acknowledge that any counsel representing a party in arbitration must adhere to the requirements of Federal Rule of Civil Procedure 11(b). This includes certifying when initiating and proceeding in arbitration that the claim or relief sought is neither frivolous nor pursued for an improper purpose. The arbitrator possesses the authority to impose sanctions on all relevant parties and counsel in accordance with the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law.
Except as expressly outlined in the Arbitration Agreement, the arbitrator may award any remedy, relief, or outcome that the parties could have obtained in court, including the allocation of attorneys' fees and costs in accordance with applicable law. Unless otherwise mandated by applicable law, each party shall bear their own attorneys' fees and costs in arbitration, unless the arbitrator awards sanctions or determines that the substance of the claim, defense, or relief sought is frivolous or pursued for an improper purpose (as determined by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(5) Arbitration Fees: The payment of arbitration fees, which include fees imposed by the arbitration administrator such as filing fees, arbitrator fees, and hearing fees, will be subject to the applicable NAM Rules. However, if you qualify for a fee waiver under applicable law and have exhausted any potential fee waivers, and if the arbitrator determines that the arbitration fees would be prohibitively expensive for you compared to pursuing litigation, we will cover a portion of your filing, arbitrator, and hearing fees in the arbitration to prevent it from becoming cost-prohibitive. This applies regardless of the arbitration's outcome, unless the arbitrator concludes that your claim(s) were frivolous, brought for an improper purpose, or asserted in bad faith. Both you and DrivePlay agree that arbitration should be financially manageable for all parties, and either party may engage with NAM to discuss the reduction or deferral of fees.
(6) Confidentiality: Upon the request of either party, the arbitrator will issue an order mandating that any confidential information revealed by either party during the arbitration, whether in documents or orally, may only be used or disclosed in connection with the arbitration or in a proceeding to enforce the arbitration award. Furthermore, any authorized court filing containing confidential information must be done under seal to the fullest extent permitted by law.
(7) Offer of Settlement: In any arbitration involving you and DrivePlay, the defending party may, at its discretion, present a written settlement offer at any point before the evidentiary hearing or, if a dispositive motion is allowed, before the dispositive motion is granted. The amount or terms of the settlement offer must not be disclosed to the arbitrator until after the arbitrator has issued an award regarding the claim. If the award favors the other party and is lower than the defending party's settlement offer, or if the award favors the defending party, the other party is responsible for covering the defending party's expenses incurred after the offer was extended, including any attorney's fees. If any applicable law or legal precedent prohibits the shifting of costs incurred during arbitration, then the offer described in this provision shall halt the accumulation of any costs to which the party bringing the claim might otherwise be entitled for the cause of action they are pursuing.
(8) Requirement of Individualized Relief: The arbitrator is authorized to grant declaratory or injunctive relief only for the benefit of the individual party seeking such relief and solely to the extent necessary to address the issues raised by that individual party's claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND DRIVEPLAY AGREE THAT EACH MAY ONLY PURSUE CLAIMS AGAINST THE OTHER PARTY IN YOUR OR DRIVEPLAY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS IN ANY SUPPOSED CLASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Additionally, unless both parties consent otherwise, the arbitrator is prohibited from consolidating multiple individuals' claims or overseeing any form of a representative, class, or private attorney general proceeding. If, following all avenues of appeal, any of these restrictions on non-individualized declaratory or injunctive relief, class actions, and consolidation are determined to be unenforceable concerning a specific claim or request for relief (e.g., a request for injunctive relief tied to a particular claim), then the parties agree that such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief have been arbitrated. You acknowledge that any arbitrations between you and DrivePlay will be subject to this Arbitration Agreement and will supersede any previous arbitration agreement you had with DrivePlay. Notwithstanding any provision in this Agreement to the contrary, you consent to this Arbitration Agreement superseding any prior arbitration agreement you had with DrivePlay, including regarding claims that arose before this or any prior arbitration agreement.
(9) Opt Out of Future Changes: Notwithstanding any contrary provision, if DrivePlay makes any future modifications to this Arbitration Agreement (excluding changes to the Notice Address), you have the option to decline such changes by sending an email to support@driveplay.co within 30 days of the posting of the updated arbitration agreement. This email should include: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) and, if applicable, the username or email address associated with any potential account on the DrivePlay website. Please note that this opt-out email must be personally sent by you and cannot be submitted by your representative, attorney, or any other individual acting on your behalf. It must also contain a statement, personally signed by you, expressing your desire to reject the alteration to the Arbitration Agreement. It's important to understand that this opt-out does not remove your ability to engage in arbitration altogether.
(10) Mass Filing: In the event that 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties, coordinated by the same counsel or entities, and in accordance with the definition and criteria outlined in NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules," accessible at https://www.namadr.com/resources/rules-fees-forms/), you and we mutually agree that the following additional procedures shall be implemented. Both parties will instruct their respective legal representatives to engage in discussions to adapt these procedures as needed based on the specific circumstances of the Mass Filing. It is acknowledged that by opting for Mass Filing, the resolution of disputes may experience delays. Any applicable time limits, including statute of limitations, and deadlines for filing fees shall be paused from the initiation of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures, provided that the pre-arbitration Notice adheres to the requirements in that subsection, until your claim is chosen to proceed within a staged process, settled, withdrawn, resolved by other means, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for DrivePlay shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for DrivePlay shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and DrivePlay may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with the Agreement. You may opt out of arbitration by providing your individual, personally-signed notice of your intention to opt out by sending DrivePlay an email to support@driveplay.co. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of the mediation associated with Stage 2. DrivePlay may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt-out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor DrivePlay elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.
You and DrivePlay agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and DrivePlay acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures has been reasonably designed to result in an efficient and fair adjudication of such cases.
(11) Severability: If any part of this Arbitration Agreement is deemed void, invalid, or unenforceable, the rest of the Agreement will remain in effect to the fullest extent possible. Any unenforceable portion shall be replaced by a valid provision that most closely aligns with the original intent. The remaining portions of this Arbitration Agreement will remain valid and enforceable as outlined herein.
Links to Third Party Websites
The Website may contain hyperlinks to third-party websites, including links from advertisers, sponsors, content partners, and other third parties. Please note that the presence of such links on the Website does not constitute an endorsement by DrivePlay, and DrivePlay explicitly disclaims any responsibility for the content, materials, accuracy of information, or the quality of products or services offered by, accessible through, or advertised on these third-party websites.
Privacy
You acknowledge and agree that the operation of specific sections of this Website or the reception of certain information, such as registering or creating an account on this Website, may necessitate the submission, utilization, and sharing of specific personally identifiable information. It's important to note that when you provide your mobile phone number to the Website, you are effectively granting DrivePlay your electronic signature, expressly consenting to be contacted via telephone (including through automated dialing systems, prerecorded messages, SMS, and MMS) at the provided number, even if that number is listed on a corporate, state, or national Do Not Call list. Please be aware that your consent is not a requirement for making a purchase. For a concise overview of DrivePlay's information collection and usage practices, please refer to DrivePlay's Privacy Policy, which is integrated herein by reference.
Electronic Signatures and Agreements
By clicking on the button labeled “SUBMIT,” “DOWNLOAD,” “PLACE MY ORDER,” “I ACCEPT,” aANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or any similar links as designated by DrivePlay to accept these terms and conditions, you acknowledge and agree that you are providing a legally binding electronic signature and entering into a legally binding contract. Your electronic submissions signify your agreement and intent to be bound by this Agreement. In accordance with applicable statutes, regulations, rules, ordinances, or other laws, including but not limited to the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU EXPRESSLY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OFFERED BY DRIVEPLAY. Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature or the delivery or retention of non-electronic records, or that require payments or the granting of credits by means other than electronic.
California Proposition 65
We provide this warning in compliance with Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which mandates that we inform California residents about potential exposures to specific chemicals. WARNING: Products available for purchase on this website may contain chemicals recognized by the State of California as substances that may cause cancer, birth defects, or other reproductive harm.
Miscellaneous
This Agreement represents the complete agreement between you and DrivePlay and overrides any previous versions of this Agreement and DrivePlay. If any part of this Agreement is determined to be invalid by the arbitrator or, if applicable, a court with appropriate jurisdiction, the remaining provisions will remain unaffected and remain in full force and effect. In such a case, the invalid provision may be adjusted or removed from this Agreement to the extent required to make it enforceable and in harmony with the rest of this Agreement.
Contact Us – If you have any inquiries about these Terms of Use, the Products, or the Website, please send an email to support@driveplay.co.