Date of Last Revision: May 26th 2016
By using this service, you accept our Visitor Agreement.
Acceptance of Terms
On My Side, Inc. dba Hopscotch and its subsidiaries (collectively "MyHopscotch," "we," "us," "our") provides services to help you with the car buying process, including a full service handling of the purchase of the vehicle of your choice ("Handle A to Z"), through its website located at [https://myhopscotch.com/msite-back] (the "MyHopscotch Site") and through its mobile applications and related services (collectively, including any new features and applications, the "MyHopscotch Site", or the "Service(s)"). The MyHopscotch Site and Services are subject to the terms and conditions contained in this Visitor Agreement (as amended from time to time, the "Visitor Agreement").
By using the MyHopscotch Site or Services, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and MyHopscotch; please read it carefully. Accessing the MyHopscotch site in any manner, even through automated means, constitutes your use of the MyHopscotch site and your agreement to be bound by this Visitor Agreement.
MyHopscotch may change or modify this Visitor Agreement at any time. Changes to the Visitor Agreement will be posted on this page and the date of the most recent revision will be indicated at the top of the page. We will also notify you of changes to the Visitor Agreement, either through the Service's user interface, in an email notification, or through other reasonable means chosen by MyHopscotch. Changes to the Visitor Agreement will become effective fourteen (14) days after they are posted, except that changes addressing new functions of the Services and changes made for legal reasons will be effective immediately. Your use of the Site or the Services after the date that changes to the Visitor Agreement become effective constitutes your acceptance of the Visitor Agreement as modified.
MyHopscotch is an information service that assists buyers purchasing a vehicle from a third party. MyHopscotch does not sell cars directly. You acknowledge and agree that MyHopscotch is not a party to any transactions or agreements between car buyers and car sellers (e.g. dealers). If you purchase a car using the Service, you are contracting directly with the car seller. MyHopscotch is not an agent or insurer, and has no control over the conduct of, or any pricing or other information provided by, car buyers or car sellers, and MyHopscotch hereby disclaims all liability in this regard. Information about a particular vehicle is supplied by the seller, not MyHopscotch. We cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. The price and other terms of any sale remain subject to direct negotiation between the buyer and seller. Except pursuant to Negotiate My Entire Deal as described below, MyHopscotch does not (a) guarantee or ensure any car, price, offer or transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any cars.
Please note that, while we endeavor to have the photos displayed on the Site and Service match your chosen car as closely as possible, the images are samples only and may not reflect your exact choice of car, color, or trim. Also, while we try to make sure that all prices posted on the Site and Service are accurate at all times, we cannot be responsible for typographical or other errors that may appear on the Service.
We do not endorse any seller, and we make no guarantee, explicit or implied, that any posted information is accurate. The material that appears on the MyHopscotch Site is for general informational purposes only. You agree that we are not responsible for any information or content provided by any seller, including typographical and other errors. We do not, and cannot, verify the information that sellers supply, nor do we guarantee the cars sellers offer. We assume no responsibility to verify whether the information provided by sellers complies with applicable laws; such responsibility rests with the sellers. Any dealings that you may have with a seller through the Service is governed by the terms of the agreement that you enter into with that seller. We expressly disclaim any liability or responsibility for the success of any transaction you have with that seller. You must make the final determination as to the value and appropriateness of the transaction.
MyHopscotch.com as a Broker: By using Handle A to Z services, you are entering into a consumer-broker relationship (as defined by state law) with MyHopscotch. MyHopscotch is a registered vehicle broker in the State of California.
Additional Terms: If you want to buy a vehicle using Handle A to Z services, then you will need to enter into a buyer agreement with us. Without limiting the foregoing, in connection with Handle A to Z service, please also note that:
All vehicles made available via Handle A to Z service are subject to availability.
You will be responsible for paying us a service fee for use of Handle A to Z transaction (please see the FAQ for more details).
Note : WE DO NOT RECEIVE ANY FEES FROM DEALERS.
Your Registration Obligations:
Member Account, Password and Security:
You are solely responsible for maintaining the confidentiality of your password and account information, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify MyHopscotch of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. MyHopscotch will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service:
MyHopscotch reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyHopscotch will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service may include certain services that are available via a mobile device, including (i) the ability to browse the Service and the MyHopscotch Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service 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 we may communicate with you regarding MyHopscotch and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your MyHopscotch account information to ensure that your messages are not sent to the person that acquires your old number.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "Upload") or email or otherwise use via the Service. You agree to not use the Service to:
We urge you to use the same common sense and good judgment you would use in buying or selling a vehicle, or responding to a classified ad; we reserve the right to terminate your access to the Services and refuse service for any reason.
Special Notice for International Use; Export Controls:
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
To the extent the Service or any portion thereof is made available for any fee, you may be required to provide MyHopscotch information regarding your credit card or other payment instrument. You represent and warrant to MyHopscotch that such information is true and that you are authorized to use the payment instrument. You agree to pay MyHopscotch all fees when due as indicated on the Service or in writing to you. We reserve the right to change our fees. If we do change our fees we will provide notice of the change on the MyHopscotch Site or in email to you, at our option, at least 30 days before the change is to take effect. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on MyHopscotch's net income.
Unless otherwise expressly authorized herein or in the Service, the MyHopscotch Site and Service are provided to our end uses for their personal, non-commercial use only. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.
Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MyHopscotch, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally Upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by MyHopscotch from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of MyHopscotch, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MyHopscotch.com.
The MyHopscotch name and logos are trademarks and service marks of MyHopscotch (collectively the "MyHopscotch Trademarks"). They are the property of MyHopscotch and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the MyHopscotch Site. You may display and occasionally print a single copy of any page of the MyHopscotch site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the MyHopscotch Site without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the MyHopscotch site, in any form (including electronic form), without prior written permission from the owner of such materials.
Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MyHopscotch. Nothing in this Visitor Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MyHopscotch Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of MyHopscotch.com Trademarks will inure to our exclusive benefit.
Third Party Material:
Under no circumstances will MyHopscotch.com be liable in any way for any content or materials of any third parties (including car sellers, advertisers or users) or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service:
With respect to the content or other materials you Upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant MyHopscotch and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to MyHopscotch are non-confidential and MyHopscotch will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that MyHopscotch may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Visitor Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MyHopscotch, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
MyHopscotch respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify MyHopscotch of your infringement claim in accordance with the procedure set forth below.
MyHopscotch will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to MyHopscotch's Copyright Agent at [copyright@myhopscotch/msite-back] (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
6 Hamilton Landing Suite 175
Novato, CA 94949
To be effective, the notification must be in writing and contain the following information:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, MyHopscotch will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it 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 may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, MyHopscotch has adopted a policy of terminating, in appropriate circumstances and at MyHopscotch.com's sole discretion, users who are deemed to be repeat infringers. MyHopscotch may also at its sole discretion limit access to the Site, the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MyHopscotch has no control over such sites and resources and MyHopscotch is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MyHopscotch will not be responsible or 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 Service are between you and the third party, and you agree that MyHopscotch is not liable for any loss or claim that you may have against any such third party.
In addition, MyHopscotch is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, MyHopscotch is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. MyHopscotch enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to release, indemnify and hold MyHopscotch and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of this Visitor Agreement or your violation of any rights of another.
If you are a California resident, you waive California Civil Code Section 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."
This release expressly includes all losses arising as a result of ordinary negligence.
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYHOPSCOTCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYHOPSCOTCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MYHOPSCOTCH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE MYHOPSCOTCH SITE, NOR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE MYHOPSCOTCH SITE). NOR DO WE OR THEY GUARANTEE THAT THE MYHOPSCOTCH SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE MYHOPSCOTCH SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYHOPSCOTCH AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE MYHOPSCOTCH SITE BY YOU OR ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ALL INFORMATION RELATED TO CARS AVAILABLE ON THE SERVICE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. MYHOPSCOTCH MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF ANY CAR, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A CAR ADVERTISED ON THE SERVICE. MYHOPSCOTCH.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. MYHOPSCOTCH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SERVICE OR IN THE CONTENT. ALL CARS ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A CAR MUST BE ADDRESSED WITH THE SELLER.
YOU AGREE TO INDEMNIFY MYHOPSCOTCH.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE MYHOPSCOTCH SITE OR SERVICES OR ANY BREACH OF THIS VISITOR AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYHOPSCOTCH WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYHOPSCOTCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES YOU AGREE THAT THE TOTAL LIABILITY OF MYHOPSCOTCH AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE MYHOPSCOTCH SITE OR SERVICES TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION SHALL NOT EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID MYHOPSCOTCH IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED DOLLARS ($100), INCLUDING CLAIMS ARISING FROM NEGLIGENCE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THE MYHOPSCOTCH SITE OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS VISITOR AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that at MyHopscotch's or your election, all disputes, claims, or controversies arising out of or relating to the Visitor Agreement, the MyHopscotch. Site or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. In arbitration there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Visitor Agreement.
The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Visitor Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Visitor Agreement, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if MyHopscotch changes this 'Arbitration' section after the date you first accepted these Visitor Agreement (or accepted any subsequent changes to this Visitor Agreement ), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the "Date of Last Revision" date above or in the date of MyHopscotch's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and MyHopscotch.com in accordance with the provisions of this section as of the date you first accepted this Visitor Agreement (or accepted any subsequent changes to this Visitor Agreement).
This arbitration agreement survives the termination of this Visitor Agreement between you and MyHopscotch.
CLASS ACTION WAIVER: YOU AND MYHOPSCOTCH.COM AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor MyHopscotch may participate in a class or representative action in court as a class member if the claims asserted in the arbitration would fall within the scope of this arbitration agreement if asserted directly by you or MyHopscotch. To be clear, you and MyHopscotch both waive any right to participate in any class action involving disputes between us.
This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth below will remain in full force and effect.
JURY TRIAL WAIVER:
You and MyHopscotch expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in this Visitor Agreement is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
You agree that MyHopscotch, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason at any time, including, without limitation, for lack of use or if MyHopscotch believes that you have violated or acted inconsistently with the letter or spirit of this Visitor Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. MyHopscotch may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Visitor Agreement may be effected without prior notice, and acknowledge and agree that MyHopscotch.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MyHopscotch will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user or seller in connection with the Site and the Service and MyHopscotch will have no liability or responsibility with respect thereto. MyHopscotch reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service or any car seller.
Subject to the terms of a written agreement to A to Z services, this Visitor Agreement constitutes the entire agreement between you and MyHopscotch and govern your use of the Service, superseding any prior agreements between you and MyHopscotch with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
This Visitor Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MyHopscotch agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.
The failure of MyHopscotch to exercise or enforce any right or provision of this Visitor Agreement will not constitute a waiver of such right or provision. If any provision of this Visitor Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Visitor Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Visitor Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign this Visitor Agreement without the prior written consent of MyHopscotch, but MyHopscotch may assign or transfer this Visitor Agreement, in whole or in part, without restriction. The section titles in this Visitor Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Visitor Agreement or other matters by displaying notices or links to notices generally on the Service.
You agree that having multiple MyHopscotch.com accounts is a violation of our Visitor Agreement and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent our referral program may, without limiting any other rights or remedies, result in forfeiture of your account. MyHopscotch will have no liability for any errors displayed in your account.
Please contact us at email@example.com to report any violations of this Visitor Agreement or to pose any questions regarding this Visitor Agreement or the Service.
END OF VISITOR AGREEMENT