Last Updated: April 3, 2023
Welcome to ALocalCart.com, a peer-to-peer golf cart/LSV rental marketplace website and online service provided by A Local Cart, LLC. ("A Local Cart", "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of, and participation in, A Local Cart services. A Local Cart services include this website, as well as any systems, functionalities, features, software, as they may be owned, controlled, or offered by A Local Cart as further described below (collectively the "Service").
You warrant, with your creation of a User account, that you have the authority and capacity to enter into a binding contract. Accounts created in a representative or agency capacity may be done with express authority. By registering a User account, you assure A Local Cart that all use of such User account shall meet all requirements and responsibilities set forth herein, as agreed.
By accepting this agreement, or making use of these services, you warrant that you have reviewed and understand all terms and policies.
This shall include the Owner and Renters Terms, Payment & Administrative Terms, or Pricing communicated to you by invoice, or through the Rides & Owner Dashboards, as well as terms presented to you upon registration of an account with A Local Cart, or upon entering into a Rental Agreement with other Users of A Local Cart (the “Terms.”)
These Terms shall be incorporated by reference into this Agreement by reference.
In use of certain features and functionalities, offered through these Services, you shall be required to demonstrate that you have reviewed and consent to these Terms, your continued use of these Services shall require that you manifest your agreement when presented with the prompt “I have reviewed and agreed to all incorporated terms.” Your assent shall be required when applying for an A Local Cart account, listing a golf cart/LSV, completing a reservation with another User, beginning a rental, or otherwise accessing the Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT A LOCAL CART IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS AND OWNERS, NOR IS A LOCAL CART A TRANSPORTATION SERVICE, AGENT, OR INSURER. A LOCAL CART HAS NO CONTROL OVER THE CONDUCT OF RENTERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review these Terms and incorporated policies periodically. Such changes shall be made at our discretion, in our continued efforts to maintain the A Local Cart community. You agree and understand, such changes may be necessary from time to time, to allow A Local Cart to improve our Services, meet the evolving needs of our users, comply with changes legal and regulatory updates, or as may be required to by our relationships with third party partners who provide, among others, payment processing and insurance services.
Any changes to our Terms and Policies, or this agreement, shall be denoted by modification of the “Date Last Changed” at the top of this page. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification according to communication preferences you may have stated at the time of registering a A Local Cart account. Your continued use of the Service or incorporated features, after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Eligibility to Use A Local Cart Services
Your use of this Service, and application to create or use a A Local Cart Account, and continued maintenance of that account, according to A Local Cart’s Acceptable Use policy, is conditioned on the premise that you are of the age of majority in the jurisdiction in which you reside, and that you have legal capacity and full authority to use these Services as set forth herein. By using this Service you represent that all uses of this Service, including all transactions with other Users shall be lawful and legal in the municipality, state and country in which you reside. Further you warrant that all documentations, verifications, permissions and forms as A Local Cart may require now, or in the future, at the time of account creation shall be updated and current, and that you shall observe all incorporated Terms and Acceptable Uses in your Use of this Service and any transaction arising therefrom with A Local Cart, other users or affiliated parties.
You agree and understand that although A Local Cart is not a party to any transaction occurring between Users of these Services. Users agree and understand that A Local Cart offers this platform and as Payment and Administrative support Services as set forth in detail here for the purposes of facilitating the reservation and rental agreement between the Parties.
THE A LOCAL CART SERVICES ARE INTENDED TO FACILITATE THE BOOKING OF GOLF CART OR LSVs BETWEEN REGISTERED ACCOUNT HOLDERS. A LOCAL CART CANNOT GUARANTEE THE ACCURACY OF ALL INFORMATION CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY GOLF CART OR LSV. WE RELY ON OUR USERS TO REPORT INACCURACIES, AND TO UPDATE PROFILE, ACCOUNT OR LISTING INFORMATION TO UPHOLD MARKETPLACE STANDARDS AND COMPLY WITH ACCEPTED USE POLICIES. A LOCAL CART IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO INACCURACIES IN LISTINGS OR BEHAVIOR WHICH VIOLATES THIS AGREEMENT OR OUR ACCEPTED USE POLICY IN YOUR USE OF THESE SERVICES OR PERFORMANCE OF ANY AGREEMENT ARISING THEREFROM. ANY RESERVATIONS AND RENTALS REQUIRE ADHERENCE TO THESE AND INCORPORATED TERMS AND WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.
Users alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their use of these Services and performance of any transaction arising therefrom, including but not limited to their licensure, condition of their golf cart/LSV, registration, sufficiency and insurance coverage. Understanding and complying with local laws, or the terms of contracts entered into with third parties, including Insurers is a condition of applying for and maintaining a Renter or Owner account. A Local Cart is not under a duty to verify or confirm the accuracy of the information Users submit when applying for an account, creating a listing, or entering into an agreement with another User, except to the extent required by law. Under no circumstances is A Local Cart responsible for verifying the sufficiency of Insurance coverage.
A LOCAL CART HIGHLY ENCOURAGES ALL USERS TO GET WRITTEN CONFIRMATION OF INSURANCE COVERAGE FROM THEIR AUTO INSURANCE PROVIDER, AND TO REVIEW THE TERMS OF THEIR INSURANCE POLICY TO ENSURE THAT THEIR COVERAGE EXTENDS TO THE USE OF A GOLF CART OR LSV RENTED THROUGH A LOCAL CART. A LOCAL CART IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY INSURANCE COVERAGE PROVIDED BY ANY THIRD PARTY INSURER.
Renters may purchase additional insurance coverage as may be made available through A Local Cart by our third-party affiliates, users agree that A Local Cart is not the insurer but may act as an agent of third-party service providers as set forth in the Payment Admin Terms.
The Service is not available to any Users previously removed from the Service by A Local Cart, unless A Local Cart has given you written notice of reinstatement. Any effort or attempt to use the Service after removal is a violation of these Terms. All Users must be valid A Local Cart account holders, having provided all requested, required and complete documentation for determining eligibility to establish an account to use this Service, as may be determined and requested by A Local Cart in its sole discretion. You acknowledge and agree that A Local Cart may change its Renter and Owner Terms, and incorporated eligibility requirements at any time and for any reason.
A Local Cart Accounts
To book a reservation with another User, or to enter into a transaction, or make further use of features offered through this Service, shall require that you apply for a user account (“Account”). In order to rent a golf cart/LSV from another User on A Local Cart, you will need to apply for a "Renter" Account. In order to offer golf cart/LSV for rent to another User on A Local Cart, you will need to apply for an "Owner" Account.
As used in this Agreement, “Owner” shall mean any User that establishes an “Owner” Account and submits a golf cart/LSV that meets all of the requirements as further set forth in the “Owner Terms,” prior to listing a golf cart/LSV, to be rented through or via the Service, or the legal designated representative of title-holder of the golf cart/LSV as set forth in further detail in the "Owner Terms."
As used in this Agreement, “Renter” shall mean any User that establishes a “Renter” Account, to the extent they shall meet the requirements set forth in the “Renter Terms” before such User may rent a golf cart/LSV through or via the Service.
By applying for a Renter or Owner Account, you give us permission to disclose the information you provide on your application to third parties as we may determine shall be necessary for verification purposes, to obtain additional information about you, and for any other lawful business purpose. A Local Cart may accept or reject Renter or Owner Account applications, in our sole discretion, for any reason. If you are accepted for a Renter and/or Owner Account, you acknowledge and agree to abide by this Agreement and the Renter and/or Owner terms which are applicable to your particular type of Account, and to update any settings, documentation, or other requirements as may be required of you by A Local Cart or according to the Owner or Renters Terms.
You agree that information provided during application shall be true and complete. A Local Cart may, at their sole discretion, require additional information during the application process to ensure your eligibility to use these Services.
Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where A Local Cart reasonably believes there may be an increased level of risk associated with your A Local Cart Account, you hereby provide A Local Cart with written instructions and authorize A Local Cart, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
Users with a Renter or Owner Account are collectively referred to in this Agreement as "Members." Your Member Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Renter rents a golf cart/LSV from an Owner via the Service is referred to in this Agreement as a "Rental."
Your User Account is for your personal or individual use only.
You may not use another Member's Account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member Account to any other person or entity, unless you have created such an account as directed by the title-holder of a vehicle, in the manner set forth in the Owner Terms.
When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify A Local Cart immediately of any breach of security or unauthorized use of your Account. A Local Cart will not be liable for any losses caused by any unauthorized use of your Account.
No Privity of Contract
Unless as necessary to provision of these Services, for provision of Insurance coverage or Payment Processing services which shall be provided according to terms fully discussed in the Payment and Admin Terms, or to the extent you are able to access your account, or these Services via trusted third-party social media platforms. Nothing in this Agreement or incorporated terms and policies, shall create any contractual obligation with a third-party. To the extent your use of these Services, or performance of any transaction arising therefrom shall involve a third-party you understand and agree that such decisions are made at your own risk, and you assume primary responsibility.
YOU AGREE AND ACKNOWLEDGE THAT AS A RENTER YOUR FINANCIAL RESPONSIBILITY IS PRIMARY WITH REGARDS TO DAMAGES, INJURIES, OR LOSSES INCURRED DURING YOUR RENTAL.
As further discussed in the Renter Terms, as a Renter you acknowledge and agree that you are responsible for your own acts and omissions, as well as the acts and omissions of any individuals who you invite to, or otherwise provide access to the golf cart/LSV. Any Passengers you provide access to must have agreed and accepted these A Local Cart terms including the passenger policy. You are responsible for any and all damages incurred during the rental period and return of the vehicle according to your Reservation Agreement in a timely manner, in the condition in which it was rented.
The Terms of using this Service allows Users to enter into a Reservation Agreement (which shall be the basis of a Trip or Rental as further set forth in the Owner and Renter Terms) with another User. This requires you to submit a valid payment method. You agree that the Payment Method you have given may be used to repair any damages to the Golf cart/LSV, passengers or any person injured or suffering a loss to property as a result of your acts and omissions during the Rental period. You agree that you bear primary responsibility, that you have or shall purchase Insurance Coverage, through means available (if available) to you as a A Local Cart user or through personal coverage you provide. In any event, you warrant that you shall bear financial responsibility for any shortfall in coverage, and that A Local Cart has no responsibility for any damages that you cause to an owners’ golf cart/LSV or to any person.
Booking a Reservation, and acceptance of a Reservation Agreement is an agreement between the Parties. In order for a Rental period to begin, Users, both Owner and Renter shall be required to satisfy conditions further discussed in the Renter and Owners Terms, or the Reservation Agreement, including uploading proof of license, or accepting required authorizations.
Upon return of the golf cart/LSV to the Owner, or upon their notification of any accident, injury or loss of property, the Owner may notify A Local Cart of their claim otherwise and provides evidence of damage, including but not limited to, photographs, upon timely notification or discovery or damages.
You agree, through insurance coverage or your Authorized Payment Method to pay the cost of repairing damaged items with equivalent items, or restitution of injuries or loss of property suffered by any persons as a result of any act or omission by you or a passenger.
Amounts agreed upon in advance through the reservation or for fees incidental to the rental (i.e. parking tickets, late fees, trip extensions, replacement of fuel) A Local Cart may use the informal dispute resolution authority granted by virtue of their role as Payment Agent (as further detailed in the Payment and Administrative terms). A Local Cart may offer an expedited reimbursement tool through the User dashboard for amounts under $1000 which may be billed to Renters payment method, upon notification of deficiency which A Local Cart at their discretion, based on supporting documentation, may use to authorize further payments due under the Rental. All reimbursements are subject to 5% processing fee charged by A Local Cart.
Prior to golf cart/LSV delivery time, no later than the commencement of the Rental Period, Owner shall be notified through their User Account of any additional Insurance coverage, or damage waivers that may have been purchased by Renter.
In the event you are notified of fees, damages, or losses in excess of $500, User agrees to respond in a timely manner. If your Insurance coverage as provided by A Local Cart or elsewhere is deemed insufficient to cover all damages to persons and property, the balance remaining will be charged to and taken from the Payment Method you have authorized. If your authorized Payment Method has insufficient funds, A Local Cart may take remedial actions to collect payment from you and pursue any avenues available to A Local Cart to obtain payment to cover damages for which you bear responsibility.
You further agree that A Local Cart shall have sole discretion in determining if damages resulted from your Acts or Omissions. You agree that A Local Cart may forward payment requests on behalf of golf cart/LSV Owner and charge your Authorized Payment Method should any Insurance you carry be deemed insufficient, and A Local Cart has a reasonable belief you are responsible for the reported damages. If we are unable to charge the Payment Method you have authorized, or otherwise collect payment from you, you agree to remit payment for any damage to the golf cart/LSV to the applicable golf cart/LSV Owner or to A Local Cart in their capacity as Payment Agent. If a vehicle has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism, a police report must be filed by the owner of the damaged vehicle before an insurance claim can be processed.
Both Renter and golf cart/LSV Owner agree to cooperate with and assist A Local Cart in good faith, and to provide A Local Cart with such information and take such actions as may be reasonably requested by A Local Cart, in connection with any complaints or claims made by Users relating to golf cart/LSVs or any personal or other property attached to the golf cart/LSV or subject to the Reservation between the Users. Subject to the Payment and Administrative Policy incorporated herein, you promise and agree to participate in the manner of dispute resolution A Local Cart may determine is necessary for resolution of the matter.
In the event A Local Cart may determine it to be necessary we may elect to act on behalf of Owner as their designated payment agent, subject to terms incorporated herein. Upon determination that you are responsible for damages by an Arbitrator, or at the discretion of A Local Cart, you may be required to pay any and all expenses related to the recovery of damages, fees, and penalties resulting from dispute resolution or Arbitration. Your timely and cooperative response to any claims of damage, insurance claims, dispute resolution by A Local Cart or a duly appointed third party is expected as a condition of your acceptance of primary financial responsibility.
Acceptable Use Policy
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and any transaction or activities arising therefrom. In connection with your use of our Services, you may not, and you agree that you will not:
breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights;
use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
use the Services to connect with an Owner or Renter, and then perform a rental transaction outside of A Local Cart to circumvent A Local Cart’s fee
copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to A Local Cart, or that comes from the Services and belongs to another A Local Cart user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of A Local Cart
interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
“stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user or otherwise communicate a A Local Cart user for any reason other than to book a reservation, or as specifically required by an Owner-Renter transaction.
offer, as an Owner, any golf cart/LSVs that you do not yourself own or have permission to offer as a rental
offer, as an Owner, any golf cart/LSV that may not be rented pursuant to the terms and conditions of an agreement with a third party;
register for more than one A Local Cart Account or register for a A Local Cart Account on behalf of an individual other than yourself unless explicitly authorized by these terms or A Local Cart in writing;
contact an Owner for any purpose other than asking a question related to a booking such Owner’s golf cart/LSVs or Listings;
contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;
as a Member, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to A Local Cart;
use automated scripts to collect information or otherwise interact with the Services;
use the Services to find an Owner or Renter and then complete a booking of a golf cart/LSV transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to A Local Cart’s provision of the Services;
as an Owner, submit any Listing with a false or misleading price information or submit any Listing with a price that you do not intend to honor;
fail to respond timely to Reservation requests, or requests for further information. Users shall complete a Reservation Agreement for any transaction arising from any communication, negotiation or discussion arising between Users of this Service. Users agree that they shall use A Local Cart to complete all transactions or rental arising therefrom, and that failure to complete a requested rental, for failure to enter into a Reservation or non-responsiveness may mean termination or suspension of the Reservation request, further misuse, or workarounds may be cause for remedial action against your User account.
post, upload, publish, submit or transmit any Content that, in A Local Cart’s sole judgment:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
(iii) is fraudulent, false, misleading, libelous or deceptive;
(iv) is defamatory, obscene, or serves to offend members of the A Local Cart community
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group based on an individual’s race, religion, color, sex, ethnicity, national origin, sexual orientation, gender identity, or marital status.
(vi) threatens or promotes violence or actions that are threatening to any other person;
(vii) promotes illegal or harmful activities or substances;
(viii) encourages violations of A Local Cart Terms.
systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. Additionally, Members may not harvest or otherwise collect information about or from Members without their and A Local Cart consent;
access any Services or Content on the A Local Cart through any technology or means other than those provided or authorized by the Service in a manner intended to bypass security, restrict access or otherwise interfere with Rules, Terms or Protocols intended to safeguard the integrity of the Service or facilitate transactions between Users.
use, display, mirror or frame the Services, or any individual element within the Services, A Local Cart’s name, any A Local Cart trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without A Local Cart’s express written consent;
access, tamper with, or use non-public areas of the Services, A Local Cart’s computer systems, or the technical delivery systems of A Local Cart’s providers;
attempt to probe, scan, or test the vulnerability of any A Local Cart system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by A Local Cart or any of A Local Cart’s providers or any other third party (including another user) to protect the Services or Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
attempt to scrape assets and content from the website
commercialize any content found on the Services or software associated with the Services, including reviews
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
endeavor to circumvent a suspension, termination, or closure of your A Local Cart Account or the account of another Member, including, but not limited to, creating a new Account or listing vehicles affiliated with or registered to an Account holder that has been suspended, terminated, or closed
advocate, encourage, or assist any third party in doing any of the foregoing.
A Local Cart will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. A Local Cart may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that A Local Cart has no obligation to monitor your use of the Services, or review the content of listings or User accounts to verify their accuracy or compliance with these terms. We encourage Users to inform of us of violations of this Acceptable Use Policy. At our discretion we shall review such reports. We shall not incur an obligation to take action unless we independently determine a violation of any A Local Cart terms and policies has occurred. In which case, we may take remedial action as we determine shall be sufficient, for the purpose of operating the Services, the benefit of the A Local Cart community and marketplace, or as necessary to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
A Local Cart reserves the right, at any time and without prior notice, to suspend, terminate or disable access to any User Account, or related Content that A Local Cart, at its sole discretion, considers to be objectionable for or appears to be a violation or imminent violation of these Terms or is otherwise harmful to the Services.
Owner and Renter Obligations
If you are an Owner, you agree to our Owner Policy incorporated herein by reference. If you are an Owner or their authorized and duly agent, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Owner Terms and all parties in interest have been informed of these terms and manifested their clear acceptance of them . If you are a Renter, you agree to our Renter Terms incorporated herein by reference, and you shall manifest your acceptance of those terms in the manner required at the time of application for a User account.
Additionally, as an Owner, you represent and warrant that (i) you own or have all the necessary rights, consents, and authority to permit the golf cart/LSV you submit to be used as contemplated by the Service; and (ii) the use of the golf cart/LSV you submit as contemplated herein will not violate any rights of a third party or any agreement with respect to such golf cart/LSV, including any leasing or financing agreement.
When you use the Service to book a reservation, the Service will present you with a document confirming the details of the Reservation (the "Reservation"). You are required to bring the Reservation form to the rental commencement event and complete the form by the manner indicated in the Reservation Agreement. At the time of rental commencement Users are responsible for confirming the acceptable condition of the vehicle, and presentation of a valid license as required to legally operate a golf cart/LSV as required by law. Upon your further acceptance of the Reservation Agreement, and the terms incorporated therein the Rental Period shall commence. Users agree to the terms of the executed Reservation Agreement is incorporated into this Agreement. Both Renters and Owners may be required to submit feedback to the Service following the completion of each Rental.
Some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as "User Content"). You retain ownership of your User Content. You are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that A Local Cart does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content, or take any actions on or through the Service, that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below), rights of publicity and privacy. A Local Cart reserves the right, but is not obligated, to reject and/or remove any User Content that A Local Cart believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
A Local Cart takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service is solely your responsibility. A Local Cart is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that A Local Cart shall not be liable for any damages you allege to incur as a result of such User Content.
Other Users; No Endorsement
While we may take actions to verify User identities and descriptions and information regarding golf cart/LSVs available via the Service, A Local Cart does not endorse any Users or their background, any User Content, golf cart/LSV, or Rentals. You are solely responsible for your interactions with other A Local Cart Users. We rely on the A Local Cart community to improve and maintain the Community and Marketplace by providing feedback subsequent to a rental or to report any inaccuracies or violations of our Accepted Use Policy. We reserve the right, but have no obligation, to monitor disputes between you and other Users. A Local Cart shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to Rentals or the Service. You acknowledge that A Local Cart does not offer transportation services. Instead, the Service allows Renters and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of Rentals, User Content, or other services or transactions available via the Service.
By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to the particular User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from A Local Cart with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) 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 or your use of the Service. 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."
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS. A Local Cart CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY GOLF CART/LSV'S PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. A LOCAL CART IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND USER CONTENT. ACCORDINGLY, ANY RENTALS MADE BY A USER, RENTER, AND/OR OWNER WILL BE MADE AT THE USER, RENTER, AND/OR OWNER'S OWN RISK.
Licensing and Proprietary Terms
User Content License Grant
You retain all ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have the right to grant, to A Local Cart a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with A Local Cart's (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service, and under this Agreement.
End User Licenses
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only. A Local Cart reserves all rights not expressly granted herein in the Service and the A Local Cart Content (as defined below). A Local Cart may terminate this license at any time for any reason or no reason.
A Local Cart hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the A Local Cart Software for one A Local Cart Member Account on one mobile device owned or leased solely by you, for your personal use.
You may not: (i) modify, disassemble, decompile, or reverse engineer the A Local Cart Platform or any incorporated Software or applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the A Local Cart Software to any third party or use the A Local Cart Software to provide time sharing or similar services for any third party; (iii) make any copies of the A Local Cart Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the A Local Cart Software, features that prevent or restrict use or copying of any content accessible through the A Local Cart Software, or features that enforce limitations on use of the A Local Cart Software; or (v) delete the copyright and other proprietary rights notices on the A Local Cart Software.
You acknowledge that A Local Cart may from time to time issue upgraded versions of the A Local Cart Platform including the Software and Applications as may now, or in the future be offered in order for you to access these Services, and may automatically electronically upgrade the version of the A Local Cart Software that you are using on the device or devices you use to access your account. You consent to such automatic upgrading on your device, and your continued use of the A Local Cart Software or Service constitutes your agreement to the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be incorporated in the A Local Cart Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the A Local Cart Software or any copy thereof, and A Local Cart or its third-party partners or suppliers retain all right, title, and interest in the A Local Cart Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. A Local Cart reserves all rights not expressly granted under this Agreement.
The A Local Cart Platform and attendant Services and Software originates in the United States and is subject to United States export laws and regulations. The A Local Cart Platform and Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the A Local Cart Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the A Local Cart Software and the A Local Cart Service.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "A Local Cart Content"), and all Intellectual Property Rights related thereto, are the exclusive property of A Local Cart and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Service. Use of the A Local Cart Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
To the extent you may be allowed to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place A Local Cart under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, A Local Cart does not waive any rights to use similar or related ideas previously known to A Local Cart, or developed by its employees, or obtained from sources other than you.
A Local Cart Payment and Fees
To the extent A Local Cart offers this Platform and incorporated Services for the administering transactions between users. As such, A Local Cart charges fees for use and provision of these Services as published or presented to you in an invoice through your user dashboard in order to complete a reservation.. A Local Cart may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable.
A Local Cart will collect payments from Renters on behalf of Owners as limited agent of Owners. If you are an Owner, you hereby appoint A Local Cart as your payment collection agent solely for the limited purpose of accepting funds from a Renter on your behalf in connection with a Rental. Payment from a Renter shall be considered the same as payment made directly to you by the Renter, and you will provide the Rental to the Renter in accordance with your agreement to do so as if you received the payment directly from the Renter. Upon Renter’s payment of the funds to A Local Cart, Renter’s payment obligation to you for the agreed upon amount is terminated, and A Local Cart is instead responsible for remitting the funds to you in the manner described in this Agreement. You have recourse against only A Local Cart if it fails to remit funds received from a Renter pursuant to the Renter’s obligations to you.
Terms of Payment
Transactions between Renters and Owners will not be considered closed until 30 days after the end of the Rental. During this time the payment method used by our Payment Processor will remain open to cover the costs of incidentals, unless and until the Parties have mutually agreed to conclude the Reservation, and Owner has inspected the vehicle, no insurance and/or damage claim is open, and A Local Cart is satisfied the Transaction has been successfully completed.
Owner will be paid amounts due only if they supply correct payout information on the website. If so, payment will arrive within 7 business days of the end of the transaction. The parties agree that Administrative fees and the costs of providing this Platform shall be deducted by A Local Cart. Payments may be held if A Local Cart has not received notification that the Reservation has concluded successfully by both parties, and A Local Cart reserves the right to pursue remedial actions necessary, including Dispute Resolution to ensure conclusion of the Reservation. Additionally, A Local Cart shall not consider a Rental to have officially commenced unless all Check-In procedures have been followed (including uploading Check-In Photos showing condition of Vehicle prior to Rental period, valid Drivers License, Odometer pictures). A Local Cart reserves the right to hold funds due and payable if proper procedures are not followed, or A Local Cart may elect to take remedial actions on any Users account, including withholding funds, or suspending or terminating User accounts in the event procedures set forth in these Terms are not followed.
Additions to Check In Procedures
The Parties, specifically the Owner, are responsible for ensuring that necessary Check-In Pictures are taken. INCLUDING:
Pre-ride Condition of the Vehicle
Picture of Valid Drivers License next to the Renter’s face
Picture of Odometer if applicable
Endorsement by Renter of Assumption of Risk Waiver
These pictures should be uploaded to the Reservation/Ride documents before the commencement of the Rental period. In the event Owner is unable to upload these required pictures or endorsements prior to commencement, Owner warrants that they shall be emailed to email@example.com prior to delivery of the Vehicle.
In addition to the amount due, delinquent Accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent Accounts and/or chargebacks including, but not limited to collection fees and/or convenience fees and/or other third parties charges. Members hereby explicitly agree that all communication in relation to delinquent Accounts will be made by electronic mail or by phone, as provided to A Local Cart by Members. Such communication may be made by A Local Cart or by anyone on its behalf, including but not limited to a third-party collection agent.
You understand if you have an unpaid balance to A Local Cart and do not make satisfactory payment arrangements, your account may be placed with an external collection agency. You will be responsible for reimbursement of the fee of any collection agency, which may be based on a percentage at a maximum of 35% of the debt, and all costs and expenses, including reasonable collection and attorney’s fees incurred during collection efforts.
In order for A Local Cart or their designated external collection agency to service your account, and where not prohibited by applicable law, you agree that A Local Cart and the designated external collection agency are authorized to (i) contact you by telephone at the telephone number(s) you have provided, including wireless telephone numbers, which could result in charges to you, (ii) contact you by sending text messages (message and data rates may apply) or emails, using any email address you provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
When you opt-in to the service, A Local Cart may contact you through by text, email or communications preferences you have indicated. To the extent your account user dashboard enables you to receive communications having registered so long as that account is not terminated you shall be deemed to consent to receive communications as necessary to provide these Services. To the extent you wish to limit communications by text or email, you are responsible for modifying these user settings.
Since we respect artist and content owner rights, it is A Local Cart's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify A Local Cart's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit A Local Cart to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice A Local Cart, LLC.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying A Local Cart and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with A Local Cart's rights and obligations under the DMCA, including 17 U.S.C. 512(c) but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, A Local Cart has adopted a policy of terminating, in appropriate circumstances and at A Local Cart's sole discretion, members who are deemed to be repeat infringers. A Local Cart may also at its sole discretion limit access to the Service and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Additional Representations and Warranties
In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that:
You are the age of majority in the jurisdiction in which you reside and able to enter into a contract and you warrant that you are competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement; you are a United States resident; and you have not previously been removed from the Service unless you have a currently valid notice of reinstatement from A Local Cart.
If you are an Owner, to the best of your knowledge and belief, any golf cart/LSV you offer for Rentals hereunder is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use and conforms with the Golf cart/LSV Eligibility Requirements as stated in the Renter and Golf cart/LSV Eligibility Requirements.
If you are an Owner, you carry at least the minimum automobile/golf cart/LSV liability insurance required by law.
If you are a Renter, you agree to inform A Local Cart of any changes in your driving record including but not limited to any driving "incidents or any Major Violations" (as defined by the Renter and Golf cart/LSV Eligibility Requirements).
Your User Content and A Local Cart's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, and rights of publicity.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
You agree to defend, indemnify, and hold harmless A Local Cart and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
F YOU CHOOSE TO USE THE SERVICE AND/OR PARTICIPATE IN A RENTAL, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT A LOCAL CART DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO RENTERS AND OWNERS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A LOCAL CART OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, A LOCAL CART, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE A LOCAL CART CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF HE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO RENTERS OR OWNERS. YOU UNDERSTAND THAT A LOCAL CART DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND A LOCAL CART IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.
A LOCAL CART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE A LOCAL CART SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND A LOCAL CART WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14 (INSURANCE), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A LOCAL CART, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL A LOCAL CART BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A LOCAL CART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL A LOCAL CART, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY A LOCAL CART TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN A LOCAL CART AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF A LOCAL CART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. A Local Cart makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by A Local Cart without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You may terminate your participation in the Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
You agree that: (i) the Service shall be deemed solely based in South Carolina; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over A Local Cart, either specific or general, in jurisdictions other than South Carolina. This Agreement shall be governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in Charleston, South Carolina or the United States District Court for the District of South Carolina, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the City of Charleston and County of Charleston, South Carolina is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally or according to the terms of the Payment and Administrative Services Policy. In the unlikely event that A Local Cart has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any A Local Cart claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration.
Where it is reasonably believed the relief sought is $25,000 or less, and the claim is appropriate to resolve in small claims court, the arbitration will be conducted by FairClaims ( http://www.fairclaims.com/) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate by the American Arbitration Association ("AAA") in City of Charleston and County of Charleston, South Carolina under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing A Local Cart from seeking injunctive or other equitable relief from the courts as necessary to protect any of A Local Cart's proprietary interests.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND A LOCAL CART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by A Local Cart via the Service, shall constitute the entire agreement between you and A Local Cart concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.