Withinmile
Terms of Service
Effective Date: [January 23, 2018]
These Terms of Service (the “Terms”) constitute a legally binding agreement between you (or “User”) and Withinmile, Inc., a Delaware corporation (“Withinmile”) governing your access and use of the Withinmile.com (“Site”) and the Withinmile mobile application (the “App”), (collectively the Site and App are referred to as the “Platform”) and the software and services made available through the Platform (collectively the “Services”).
By checking the “I Agree to the Terms of Service and Privacy Policy” box or (i) accessing or using any part of the Services, or (ii) initiating any transaction on the Platform, you agree to be bound by these Terms of Service.
This Agreement includes provisions for binding arbitration on an individual basis – which includes a waiver of a right to a jury trial or a right to file a class action.
Internet technology, and the applicable laws, rules and regulations change frequently. Withinmile reserves the right to make changes to these Terms of Service at any time.
1. General Rules About Creating Accounts
Eligibility: To be eligible to create an account, you must be at least 18 years of age.
Account Creation: To establish an account, you must accept these Terms of Service and Privacy Policy and provide an email address and password. Users may also be required to verify the address profiled on their account.
Account Limitations: A User’s ability to establish an account does not guarantee that Withinmile will enable a User to post any and all User Generated Content (as defined below) for viewing by the public. Withinmile reserves the right to accept or reject, in its sole and absolute discretion, any User Generated Content submitted by a User at any time, for any reason.
Account Security: You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. Withinmile shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
Communications: By creating an account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of such communications by following the instructions in the unsubscribe link.
2. User Transactions
All terms and arrangements pertaining to the exchange of any items or services offered on the Platform are handled solely between Withinmile Users. Withinmile shall not be liable for injuries or damages arising from communications between Users or relating to the exchange of any items or services between Users.
Image Appearance: Users may offer items or services through the Platform by uploading a digital image and video of items and/or services. Withinmile cannot control the quality of any digital images, and the appearance of colors may vary as a result of the quality of your monitor/device screen and for other reasons. We cannot guarantee that your monitor's display/device screen of any color will be accurate.
Pricing: Users are responsible for setting the prices for items and services offered on the Platform.
Shipping: All shipping and/or delivery arrangements are handled solely between Withinmile Users. You are solely responsible for filing any claims with common carriers for damaged and/or lost shipments and agree to hold Withinmile harmless for the same.
Payment: Payment, and terms of payment, for any items or services offered on the Platform is handled solely between Users.
Refunds or Returns: Users are responsible for agreeing upon the terms of any exchanges or refunds.
Compliance with Applicable Laws: Users are solely responsible for complying with all applicable laws and regulations relating to the offer of any items and/or services through the Platform or the method of payment of any items and/or services offered through the Platform.
Disclaimer: Withinmile does not create, manufacture, produce or label any of the items and/or services available on the Platform and does not control the practices of Users offering items and services on the Platform. Withinmile makes no warranty or guarantee of items and/or services offered through the Platform. Withinmile shall not be liable for any illness, health problem or other damages that may result from your acquisition or use of any items and/or services offered through the Platform.
Platform Transaction Fee: To the extent Withinmile offers Users the ability to process payments for items and/or services through the Platform, such transactions will be subject to a Transaction Fee calculated in accordance with Withinmile’s Transaction Fee Policy .
Taxes: Users that sell items and/or services through the Platform are solely responsible for the payment of any and all taxes associated with any purchases arranged through the Platform.
3. Service Providers Availability and Business Profile
Users may also offer their services on the Platform (“Service Providers”). Service Providers are solely responsible for communicating their availability, work experience, training, qualifications, and applicable licenses or certifications and providing any additional information to users. Service Providers are solely responsible for the accuracy of their Platform profile. Users are solely responsible for verifying a Service Provider’s licenses, credentials and/or qualification to provide the services.
4. User Generated Content
Users may post, upload or otherwise make available text, data, photos, images, graphics, audio, video, audiovisual combinations and related content (“User Generated Content”), which may be accessible and viewable by the public. Withinmile reserves the right to accept or reject, in its sole and absolute discretion, any User Generated Content submitted by a User at any time, for any reason.
User Generated Content Guidelines: You may not submit or upload User Generated Content that is infringing, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. You are solely responsible for the User Generated Content uploaded and posted to the Platform.
User Generated Content Requirements: For all User Generated Content that is uploaded, submitted and posted on the Platform by you, you represent and warrant as follows:
• Proprietary Rights: You represent and warrant that you have all right, title, interest and authority necessary to grant the licenses herein and to upload, submit and post the User Generated Content, including the right to publish and distribute by electronic and digital means.
• Non-Infringing: You represent and warrant that the User Generated Content does not (i) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights, or (ii) violate any statute, law, ordinance or regulation.
User Generated Content License: You retain all rights to any User Generated Content submitted to Withinmile. You grant to Withinmile a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all User Generated Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to publish, republish, repost, distribute, publicly display and/or excerpt User Generated Content on Withinmile’s (1) websites and mobile applications, (2) social media and related marketing services and materials, and (3) newsletters, emails or related blogs, for any purpose whatsoever, commercial or otherwise. You hereby irrevocably waive any claims based on moral rights, if any.
User Generated Content Disclaimer: Withinmile is not responsible for any opinions, product or service ratings or reviews, written communications, etc. (collectively “User Reviews and Communications”) generated and posted by any User on the Platform and shall not be liable for any loss or damage arising from any such Reviews and Communications posted on the Platform. Withinmile reserves the right, in its sole and absolute discretion, to reject or remove any User Generated Content from the Platform at any time, for any reason whatsoever.
Withinmile does not guarantee that any User Generated Content will be made available on the Platform or through the Service. Withinmile has no obligation to monitor the Platform, Service, or User Generated Content. However, Withinmile reserves the right to (i) remove, suspend, edit or modify any User Generated Content in its sole discretion, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Generated Content or if Withinmile is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove, suspend or block any User Generated Content from the Platform. Withinmile also reserves the right to access, read, preserve, and disclose any information as Withinmile reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Withinmile, its users and the public.
5. Reporting Objectionable Content
If you become aware of any objectionable third-party or User Generated Content, you may contact Withinmile at help@withinmile.com. Withinmile will address such requests if and to the extent it deems appropriate, in its sole and absolute discretion.
6. Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING, BUYING, OR OTHERWISE COMMUNICATING AND/OR INTERACTING THROUGH THE PLATFORM OR DIRECTLY WITH OTHER USERS (BOTH ONLINE AND OFFLINE).
7. License to Use the Services
In accessing and using Withinmile’s Services, Withinmile hereby grants a limited, non-transferable, non-exclusive, revocable license (“License”) to access and use the Platform and Services during the term of this Agreement. You may not distribute, modify, transmit, reuse, download, repost, copy or use Content found on the Platform, whether in whole or in part, for any purpose whatsoever without the express written permission of Withinmile. If you download and install the Withinmile App, additional terms may apply from the applicable source (e.g., Apple App Store or Google Play store) or the manufacturers of your device or software.
8. Third Party Advertising
The Platform is funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Withinmile may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details. You understand that we may not always identify paid services and communications as such.
Accordingly, you expressly grant Withinmile permission to use your name, profile picture, and other User Generated Content submitted by you in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
9. Termination
By User: Users can terminate and/or deactivate their account at any time by contacting Withinmile help@withinmile.com. User Generated Content, including Reviews and Communications, may continue to be available on the Platform and accessible to the public and other Users notwithstanding a User’s deactivation of their account.
By Withinmile: Withinmile may temporarily suspend or terminate your account and the Services at any time, without prior notice or liability, for any or no reason, including, but not limited to, if Withinmile:
- Suspects a breach of these Terms of Service;
- Is unable to verify or authenticate account information;
- Believes that you are acting inconsistently with the letter or spirit of Withinmile's policies, have engaged in improper or fraudulent activity in connection with the Platform or that your actions may cause legal liability or financial loss to Withinmile; or
- Believes you are infringing the rights of third parties.
Survival: The following Sections survive termination of these Terms of Service: Feedback License, License, User Generated Content License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.
10. Prohibited Conduct
In your use of the Platform, you will not:
- Offer for sale or trade any weapon, drugs or other legally prohibited items;
- Post content that is false, inaccurate, misleading, defamatory or harassing, unlawful, threatening, abusive, harassing, deceptive, fraudulent, tortious, obscene, vulgar, pornographic, offensive, or profane;
- Post content that contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, is invasive of another's privacy, contains discrimination or violence, or is otherwise inappropriate as determined by Withinmile in its sole discretion;
- Violate any law, statute, ordinance or regulation;
- Create an account and/or use the Platform if you are a convicted and/or registered sex offender;
- Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
- Create more than one account or create a second account if Withinmile disables your account, unless expressly permitted in writing by Withinmile;
- Post content that includes anyone's identification documents or sensitive financial information;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Platform content (other than your User Generated Content), except as expressly authorized by Withinmile;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of Withinmile's guidelines and policies;
- Engage in any unauthorized use of the Platform or Services (including, without limitation, political campaigning, advertising, or marketing);
- Transmit or otherwise make available any User Generated Content that: (1) you do not have the right to provide or transmit, or (2) may expose Withinmile or its affiliates, licensors, or users to any harm or liability;
- Use or attempt to use another user’s account without authorization;
- Use the Platform or Services in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
- Use the Platform or Services to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms of Service, illegal gambling, fraud, money-laundering, or terrorist activities;
- Encourage or induce any third party to engage in any of the activities prohibited under this section;
- Bully, intimidate or harass any User;
- Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
- Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform or its users;
- Modify, adapt or hack the Platform or modify another website or mobile application so as to falsely imply that it is associated with Withinmile;
- Distribute or post spam, unsolicited or bulk electronic communications to Platform users;
- Use any robot, spider, scraper or other automated means to access the Platform for any purpose whatsoever;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform’s infrastructure;
- Interfere or attempt to interfere with the proper working of the Platform, its Services or tools; or
- Bypass the Platform’s robot exclusion headers or other measures Withinmile may use to prevent or restrict access to Withinmile.
11. Privacy
Withinmile respects your privacy. Withinmile will only use personal information in accordance with Withinmile's Privacy Policy .
12. Feedback License
Withinmile welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to Withinmile in accordance with the following:
Non-Proprietary: Withinmile considers any suggestions, ideas, proposals or other feedback and material submitted to it by users, whether solicited or unsolicited, (collectively, the "Feedback") to be non-confidential and non-proprietary. Withinmile shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant Withinmile, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
13. Notice of Claimed Infringement – DMCA
If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Withinmile’s Designated Agent, with the following information:
By mail to Withinmile’s DMCA Registered Agent: Sunkyu Park, 2323 Broadway, Oakland, California 94612
14. Customer Support
Withinmile is available by email at help@withinmile.com to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
15. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Withinmile arising out of or relating to the Platform, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: Withinmile, Inc., 2323 Broadway, Oakland, California 94612 and legal@withinmile.com.
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: Alameda, California.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
16. Withinmile's Intellectual Property
Copyright: The Platform and its logos, design, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by Withinmile. You may not use such materials without permission. © 2018 Withinmile, Inc. ALL RIGHTS RESERVED
Trademarks: Withinmile and its logos are trademarks owned by Withinmile. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of Withinmile.
Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform gives you a right or license to use any of Withinmile’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
17. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHINMILE, THE PLATFORM, SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHINMILE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, WITHINMILE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PLATFORM, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM.
WITHINMILE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USER AND/OR THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY SERVICES. WITHINMILE DOES NOT CONTROL ANY USER AND/OR THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE PLATFORM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHINMILE MAKES NO WARRANTIES REGARDING USER AND/OR OTHER THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH USER AND/OR OTHER THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.
AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF WITHINMILE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS PLATFORM, INFORMATION, CONTENT, MATERIALS, OR SERVICES, EXCEED $50.00.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHINMILE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PLATFORM, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF WITHINMILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Release
If you have a dispute arising from, related to, or connected with your use of the Platform, Services, information, content, or materials, or exchange of any items or services between Users, you hereby release Withinmile, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
19. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Withinmile, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, (ii) a breach of any of the representations or warranties relating to any Content posted by User, or (ii) arising from, related to, or connected with your use of the Platform or Services, or by any person using your account or password.
20. Severability
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
21. Modifications
Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of Withinmile or posted on this Platform by Withinmile.
22. No Agency
The parties to these Terms of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
23. Assignment
You shall not assign any of the rights or obligations under these Terms of Service without the prior written consent of Withinmile. Withinmile may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms without your consent.
24. Successors and Assigns
These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
25. Governing Law
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of Alameda with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
26. No Waiver
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
27. Interpretation
Headings are for reference purposes only and do not limit the scope or extent of such section.
28. Force Majeure
Withinmile will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Platform as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, denial of service attack, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
29. Notices
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: Withinmile, Inc., 2323 Broadway, Oakland, California 94612 and/or legal@withinmile.com. All notices by Withinmile will be sent to you by email or will be conspicuously posted on the Platform.
30. Complaints - California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
31. Entire Agreement
These Terms of Service comprise the entire agreement between you and Withinmile and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.