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UPROAR TERMS OF SERVICE

Uproar.car Corporation (“Uproar,” “we,” or “us”) operates the service available on this website and/or through Uproar’s mobile application (collectively and, as further described herein, the “Service”). By registering for an account or otherwise downloading, accessing, or using the Service in any way, you accept these Uproar Terms of Service (“Terms”). If you do not agree to any or all of these Terms, you may not access or use the Service. These Terms constitute a legally binding services agreement (“Agreement”) by and between (1) the person accepting these Terms (“you”); and (2) Uproar.

 

1. THE UPROAR SERVICE

a. Account Registration and Communications. In order to use the Service, you must be 18 years or older, create an account and provide us with certain basic information about yourself as part of the registration process. This information may include your full name, email address, telephone number, VIN number, address, and/or account password. You agree to promptly notify us if any of your personal or contact information changes. By registering for an account with us, you agree that we may contact you via email or text message to provide you with information about your account, transactions, and/or the Service. You acknowledge and agree that our communications may also include information about special offers or other promotional messages related to our products or service or those offered by our affiliates. Uproar may refuse to accept your application to register for the Service, in its sole discretion. We may also offer you the option to receive SMS/text message alerts, such as messages from other Family Users or alerts related to certain features of the Service. You acknowledge and agree that these alerts may be sent using an automatic telephone dialing system and that standard message and data rates may apply. These alerts may not be available on all carriers or compatible with all mobile device models. We are not responsible for any delays in sending or receiving text messages. To unsubscribe from text messages at any time, reply “STOP” to any alert you receive from us.


b. Selected Definitions. For the purposes of these Terms, the following terms shall have the indicated meanings:

i. “Administrator” means a third-party company in the business of administering Vehicle Service Contracts including handling claims and arranging for Vehicle Services with an Auto-Provider
ii. “Auto-Provider” means any auto repair shop, workshop, dealership, or individual that your Administrator engages to address your claim(s) for Vehicle Services.
iii. “Family User” means another driver in your household who is an end-user of the Service with an account that is associated with yours where either you have purchased a Vehicle Service Contract for their vehicle or they have purchased one for yours.
iv. “Vehicle Service Contract” is an agreement between you and an Administrator that covers certain costs associated with Vehicle Services for a particular vehicle for a specific duration. You may enter into a Vehicle Service Contract when purchasing a vehicle or purchase one through the Service for additional vehicles in your household
v. “Vehicle Services” means maintenance, repair and/or other auto services (such as roadside assistance, labor and parts) for your selected vehicle(s), vehicle part(s) or accessory/ies.
2. PAYMENT. In order to use the Service, you agree to either: (1) provide us with valid credit card information and hereby authorize us to charge such credit card for your re-occurring balance amount based on the option(s) you have selected; or (2), if you are receiving the Service through your employer and permitted by such employer, set up an automatic payroll deduction for your selected re-occurring balance amount to be paid to us by your employer on your behalf. You agree to provide complete and accurate billing and contact information and will promptly notify us of any changes to such information. All dollar amounts referred to in this Agreement or the Service are in the lawful money of the United States of America. Uproar reserves the right to add new features for additional fees and charges or change its pricing rates and to institute new charges and fees, upon prior written notice to you (which may be sent by text message or email). In addition, you shall be responsible for all applicable surcharges and taxes associated with the Service, other than taxes based on Uproar's net income.
3. VEHICLE SERVICE CONTRACTS. For clarity, all Vehicle Services will be arranged and paid for by your applicable Administrator. Accordingly, Vehicle Services are deemed to be outside the scope of our Service and Uproar and its suppliers or vendors (other than the applicable Administrator or Auto-Provider) have no obligation or liability regarding any Vehicle Services. As a result of our limited role as an intermediary between you on the one hand and the Administrator and Auto-Providers on the other, Uproar has no control over the quality, timeliness, price, guarantees, risks or damages related to any Vehicle Services provided under your Vehicle Service Contract. Therefore, in connection with your use of the Service resulting in the performance of a Vehicle Service Contract you hereby: (a) release Uproar from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Vehicle Service Contract (including any disputes arising therefrom); and (b) agree to attempt to settle any dispute directly with the applicable Administrator and/or Auto-Provider.
4. RESERVATION OF RIGHTS. As between the parties, Uproar retains all rights, title, and interest in and to the Service and all modifications, improvements, and derivatives of any of the foregoing. Uproar reserves all rights not expressly granted. You may choose to provide us with input, suggestions, comments, ideas, concepts, know-how, or other feedback (collectively, “Feedback”) in connection with the use of the Service and agree that we will be free to use such Feedback entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
5. REPRESENTATIONS AND WARRANTIES. You represent and warrant during the Term that: (i) you have all necessary rights, power, authority, and capacity to agree to these Terms and perform hereunder; (ii) you shall use the Service in full compliance with all applicable laws and regulations as well as with any other contractual or other obligations you may have to any third party; and (iii) you have all necessary rights, title, and interests necessary to provide any and all data that you elect to upload into the Service or otherwise provide to us hereunder.
6. DISCLAIMERS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND UPROAR, ITS SUPPLIERS, AND VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE AS WELL AS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. UPROAR DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
7. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, UPROAR AND ITS SUPPLIERS AND VENDORS SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY: (A) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF DATA OR BUSINESS INTERRUPTION; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; (C) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE LESSER OF $50 OR THE AMOUNT YOU PAID FOR THE SERVICE UNDER THIS AGREEMENT IN THE THREE (3) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
8. INDEMNIFICATION. You shall indemnify, defend and hold harmless Uproar, its affiliates, vendors, suppliers, as well as their respective employees, members, directors, officers, representatives and agents from and against any claim, demand, action, investigation or other proceeding, including all damages, losses, liabilities, judgments, costs and expenses arising therefrom (collectively, a “Claim”) to the extent that the Claim arises from or in connection with: (i) your use of the Service including your use or disclosure of any information obtained through the Service; (ii) your Account Data; and (iii) your breach of any term, condition, agreement, representation or warranty hereunder.
9. TERM AND TERMINATION. This Agreement begins on the date you create a Service account and continues until terminated as provided herein (“Term”). You may terminate this Agreement at any time upon providing us written notice. We may, in our discretion, suspend the Service and/or terminate this Agreement at any time and for any reason including if we determine that you have violated any of these Terms. Upon termination of this Agreement, your license under Section 1(c) above will terminate. Unless otherwise limited or restricted by applicable law or regulation, we may maintain archived Account Data for at least thirty (30) days after termination of this Agreement. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, indemnification, and limitations of liability.
10. MODIFICATIONS TO TERMS. Uproar may, in its sole discretion, modify these Terms from time to time by posting a revised version to its website and/or mobile application version(s) of the Service. You should review these Terms periodically to be aware of and understand any updates. If any change is unacceptable to you, your only recourse is to stop using the Service and terminate this Agreement. Your continued use of the Service following such changes shall constitute your acceptance of such modifications.
11. MISCELLANEOUS. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The word "include" or any variants thereof used herein shall be construed non-exclusively to mean "including without limitation." Any section headings contained herein are for reference purposes only and do not in any way affect the meaning or interpretation of this Agreement. This Agreement is governed by Washington state law without regard to its conflict of laws rules. You irrevocably submit to venue and personal jurisdiction in the federal and state courts in King County, Washington for any dispute arising out of or related to this Agreement, and waive all objections to jurisdiction or venue of such courts and agree not to commence nor prosecute any such dispute other than in such courts. You and we may only bring claims against each other in an individual capacity. Neither party can bring any claim against the other as a plaintiff or class member in a class action, consolidated action, or representative action. In addition, each party waives any right to a jury trial involving any claims, causes of action (including counterclaims) or disputes between you and us. We will be entitled to recover our costs, including reasonable attorneys' fees, if we prevail in any action or suit to enforce any right or remedy under this Agreement, or to interpret any provision of these Terms. You shall not assign or otherwise dispose of this Agreement without our prior written consent. Any notice required or permitted by this Agreement shall be made in writing and will be deemed given as of the day the notice is received either by messenger, delivery service or certified mail, postage prepaid or sent (if via email) and such notice must be addressed (i) if to Uproar, to Uproar.car Corporation c/o Marchex, Inc. 520 Pike Street, Suite 2000 Seattle, WA 98101; (ii) if to you, to the email address provided in connection with your account registration. Any failure by us to enforce any provision of these Terms shall not be construed as a continuing waiver of any succeeding breach or any rights under of such provision. We will not be liable for any failure or delay resulting from a condition beyond our reasonable control, including acts of God, government, terrorism, natural disasters, labor conditions, power failures, third-party connection or utilities outages, or Internet disruption or latency. Subject to Section 10, this Agreement constitutes the entire agreement between the parties with respect to the Service, superseding and replacing any prior agreements.
12. DEVICE-SPECIFIC If you are accessing the Service via a mobile application (“Application”) developed by Uproar on a mobile device, one of the following subsections shall apply depending your mobile device provider:
a. Apple Store. If you are using the Application on a mobile device provided by Apple, Inc. (“Apple”), or otherwise obtained access to the Service through the Apple App Store, the following terms shall apply:
i. you acknowledge and agree that this Agreement is between you and Uproar only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the Application or the Service;
ii. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement, as applicable;
iii. You will only use the Application in connection with an Apple device that you own or control;
iv. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
v. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
vi. You acknowledge and agree that Uproar, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
vii. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Uproar, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
viii. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
ix. Both you and Uproar acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
x. Both you and Uproar 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 the third party beneficiary hereof.
b. Google Play Store. If you are using the Application on a mobile device provided by Google, Inc. (“Google”), or otherwise obtained access to the Service through the Google Play Store, the following terms shall apply:
i. you acknowledge that this Agreement is between you and Uproar only, and not with Google,;
ii. your use of the Application must comply with Google’s then-current Google Play Store Terms of Service;
iii. Google is only a provider of the Google Play Store where you obtained the Application;
iv. Uproar and not Google, is solely responsible for its Application;
v. Google has no obligation or liability to you with respect to Application or the Service; and
vi. you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Uproar’s Application.

Effective Sep 13 - 2021

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