Revel Transit Inc.
Last Modified: May 29, 2020
Welcome to Revel!
Revel Transit, Inc. (“Revel”, “Company”, “we”, or “our”) owns and operates a “Platform” that includes a website and social media pages (collectively “Website”), an application, identified as Revel (“App” or “Revel App”) that facilitates the reservation, rental, support and invoicing of short term electric Moped rentals (“Service”). Any individual (“User” or “you”) may access the Website and download the App. To use the Service, a User must be a “Member” as defined in the Rental Agreement.
1. Important Notice
The Platform is offered to you conditioned upon your acceptance of our Legal Terms (defined below). Please read our Legal Terms carefully before using or obtaining any part of our Platform.
The ToU CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 14 BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
2. Legal Terms; Consent
Use of the Platform is governed by the following legal documents, which are displayed on the website footer of gorevel.com:
Terms Applying to Members
If there is a conflict between a provision in the Rental Agreement, and a provision in the remainder of the Legal Terms, when applied to a Member’s use of the Service, the provision of the Rental Agreement shall control over the provision in the remainder of the Legal Terms, when it concerns such use of the Service.
If you do not agree to the Legal Terms, please do not access or use any part of the Platform, do not use the Service, and do not contact our employees or representatives.
Terms Applying to Users who are not Members
If you do not agree to the Legal Terms, please do not access or use any part of the Platform, and do not contact our employees or representatives.
Revel may edit and revise the Legal Terms in its sole discretion at any time and will promptly send Members notice of any material changes by email to the address provided by the Member during the application process, by notification through the App, or by other means. Revel will post the revised Legal Terms on the Site and/or on the App. The revised Legal Terms are effective the moment the new versions are sent to Members by email or uploaded to the Site or App, unless otherwise indicated. Unless otherwise stated, all changes will apply to all access to, and use of, the Platform thereafter.
You should visit this page from time to time to review the then-current Legal Terms because they are legally binding on you. Your continued use of the Platform after we provide notice of any modification will mean that you have agreed to be bound by those Terms. Your use of the Platform will be subject to the Legal Terms in effect at the time of use.
In this document, terms that commence with a capital letter are defined in this section, in the preamble, and elsewhere in the document.
“App” means the application known as Revel. “App” includes the Content available on or from the App, all Code associated with the App, and any exchanges, interaction, Communications that a User has with our employees and representatives with respect to the App or the Platform.
“Code” means all software, coding, APIs, and other technologies used to operate or secure a website or application, and all features, functionality, designs, selection and arrangement that are part of the code, structure or organization of a particular website or application.
“Communications” means any text, documents, information, data, articles, images, photographs, Marks, video recordings, audio recordings, sounds, and other materials that are exchanged between a User and a Revel employee or representative with respect to the operation of the Platform or any aspect of the Service, such a request for support and the response concerning such request.
“Company”, “we”, “us” or “our” means Revel Transit, Inc.
“Contribution” means any text, documents, information, data, articles, images, photographs, Marks, video recordings, audio recordings, sounds, and other materials that a User or Member posts or uploads on the areas of the Platform that allow for uploading such content, such as a blog, or a social media account, and that are intended for sharing with others outside Revel.
“Content” means the text, documents, information, data, articles, images, photographs, graphics, Marks, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform. “Content” also includes any exchanges, interaction, communications that a User has with our employees or representatives with respect to the Platform.
“Marks” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon used or displayed on the Platform.
“Member” means an individual or a User who has applied for Membership and whose application has been accepted.
“Moped” means the low-speed limited use, two wheeled electric vehicle provided by Revel to a Member as part of the Service, in accordance with the Rental Agreement, and the other Legal Terms, and that does not exceed an operating speed of more than 30 miles per hour.
“Platform” or “Revel Platform” means the Website, App, and, in the case of a Member, the Service.
“Service” means reservation and rental management service that allows for the reservation of, and invoicing for the rental and use of Mopeds, and the incidental cost associated with such rentals. “Service” also includes the App and underlying technology necessary or used to operate the Service; the support and other services provided to Members by or on behalf of Company to ensure the smooth operation of the rental and maintenance of the Mopeds and Supplemental Equipment; and any exchanges, interaction, or Communications that a Member has with our employees representatives with respect to the Service.
“Supplemental Equipment” means the safety helmet, eye protector screen, phone docks, and helmet case that are made available to, or rented by, a Member together with a Moped.
“User”, “you”, or “your” refers to a visitor or user of the Platform, and includes a Member of the Service. All Members are Users, but Users are not always Members.
“Website” means the website located at www.gorevel. “Website” includes the Content available on or from the Website, all Code associated with the Website, and any exchanges, interaction, Communications that a User has with our employees or representatives with respect to the Website or the Platform.
4. General Terms
Condition of Use
As a condition of your use of the Platform, you warrant that:
- You are at least 16 years of age;
- You possess the legal authority to create a binding legal obligation;
- You will use the Platform in accordance with the Legal Terms;
- You will only use the Platform in accordance with applicable laws; and
- All information that you will supply to the Platform, if any will be true, accurate, current, and complete.
Company has no obligation to provide any Updates, correct errors, or continue to provide or enable any particular features or functionality.
Company reserves the right to withdraw or amend any part of the Platform in its sole discretion and without prior notice. Company will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any length of time.
Errors, Inaccuracies, and Omissions
The Content and/or Code may contain inaccuracies, omissions, typographical errors, or other errors, including pricing errors, photographs, or general product descriptions, or may be incomplete, or cannot be used as intended (collectively “Error”).
Company reserves the right, at any time without prior notice, to correct any such Errors. Error corrections may modify or delete in their entirety certain features and functionality.
Company reserves the right, at any time without prior notice, to modify or supplement the Platform from time to time, and develop updates, upgrades, bug fixes, patches, supplemental Content and/or new features (collectively, including related documentation, “Updates”).
Updates may modify or delete in their entirety certain features and functionality.
When published, the Updates and Error corrections will be deemed part of the Platform and be subject to all Legal Terms.
Based on the device that you use to access the Platform, when the device is connected to the Internet, it may automatically download and install all available Updates; or you may be prompted to download and install available Updates.
You agree to promptly download and install all available Updates or Error corrections. If you fail to install the available Updates or Error corrections, portions of the Platform may not properly operate.
Our Right to Manage the Platform
We reserve the right, but do not undertake the obligation to:
- Monitor or review the Platform for violations of our Legal Terms and for non-compliance with our policies
- Report to law enforcement authorities and/or take legal action against anyone who violates our Legal Terms;
- Manage the Platform in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Platform;
- Screen Users or Members, or attempt to verify the statements of Users or Members;
- Monitor disputes between Users, or terminate or block any User for violating our Legal Terms; and/or
- Refuse, restrict access to, or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof.
5. Rules Governing Contributions
You may be able to submit Contributions. You are entirely responsible for the content of, and any harm resulting from, any Contributions that you provide on or through the Platform. When you create or make available a Contribution on or through the Platform, you represent and warrant that you:
- Own or have sufficient rights to provide your Contributions on or through the Platform; and
- Have fully complied with any third-party licenses relating to Contributions and have paid all royalties, fees and any other monies required to be paid in connection with such Contributions.
Social Media Guidelines
If you access or use any of our social media pages (e.g., Facebook, Twitter, Instagram) or other areas of our Platform that allow Users to upload contributions, we ask you to follow the following guidelines when making Contributions:
- Be polite and courteous;
- Stay on topic;
- Keep the conversation relevant to the community;
- Contribute to the dialogue;
- All postings should come from a real person.
If addition, you may not provide Contributions that:
- Violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
- Are, or could be viewed by a reasonable person as, defamatory, damaging, dangerous, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
- Incite or encourage to violence, destruction or any criminal act;
- Threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
- Contain material that solicits personal information from anyone or exploits anyone in a sexual or violent manner;
- Contain advertisements or solicit any person to buy or sell products or services; or
- Constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
We reserve the right to remove Contributions posted on our social media pages that violate these social media guidelines.
Ownership of Contributions
We do not claim any ownership rights in the Contributions that you post on or through the Platform. After posting your Contributions, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
Grant of License to Us.
By making a Contribution to the Platform, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute the Contribution in connection with the Platform, our business, or the promotion of our business in any media formats and through any media channels now known or subsequently created.
When you use the Platform, we may use automatic means (e.g., cookies and web beacons) to collect information about you, your device (computer, laptop, mobile device) and your use of the Platform. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Platform, or certain of its features or functionality.
7. Referral and/or Promotional Codes
The Company may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts or credits on the Revel Service or other features or benefits provided by the Company, subject to any additional terms that the Company establishes. You agree that Promos Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by Revel; (iii) may be disabled by Revel at any time for any reason without liability to Revel; (iv) may only be used pursuant to the specific terms that Revel establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use; and (viii) may not be posted on any website unless expressly permitted by Revel.
You are prohibited from any fraudulent and/or not as intended use of the Company’s Referral Program. Referral codes are intended to be distributed to people you know and may not be posted on coupon aggregator or other websites without the Company’s prior written approval. Credits earned from use of a referral code expire six months from the date they are accrued. The Company reserves the right to withhold or deduct any credits or other features or benefits obtained through the unauthorized use of the Referral Program or Promo Codes at any time.
8. Intellectual Property Rights
Except for your Contributions and the Contributions of other Users of the Platform, Company and its licensors own all right, title and interest, including all related US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights in the Platform.
These ToU permit you to use the Platform only for your personal, non-commercial use, and only for lawful purposes and in accordance with the Legal Terms.
If you wish to use any part of the Platform other than that set out in this section, please address your request as provided in the “How to Contact Us” section.
Any use of the Platform not expressly permitted by these ToU is a breach of our Legal Terms and may violate copyright, trademark and other laws. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Legal Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the Content or Code you have made. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of part of the Platform, except as follows:
- Your computer may temporarily store copies of Content or Code in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website or the App for your own personal, non-commercial use, and subject to the Legal Terms.
- If we provide social media features with certain content, you may take such actions as are reasonably enabled by such features.
You are prohibited from using the Platform:
- To infringe upon or violate Company’s intellectual property rights or the intellectual property rights of others;
- In any manner that could affect its functionality or operation;
- In any manner that violates any applicable US or foreign law or regulation;
- To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity;
- In any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform.
You must not:
- Modify copies of any Content or Code;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from any part of the Platform;
- Use any robot, spider or other automatic device, process or means to access the Platform for any unauthorized purpose;
- Use any process to monitor or copy any of the Content or Code for any other unauthorized purpose;
- Use any device, software or routine that interferes with the proper working of the Platform;
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; or
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Subject to your compliance with the Legal Terms, Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to: (a) Access and use the Website, App, Content and Services (only after becoming a Member) only for your personal use and not for any commercial purpose; and (b) Download, install, and use the App for your personal, non-commercial use on a mobile device owned or controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; all strictly in accordance with the Legal Terms.
You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any part of the Platform except as expressly permitted by the Legal Terms;
- Modify, translate, adapt, or create derivative works or improvements, whether or not patentable, of the Platform;
- Reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of any part of the Platform;
- Remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices applied to the Platform;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available access to any part of the Platform, to any third party for any reason;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features protecting any part of the Platform; or
- Use the Platform in, or in association with, any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems or environments.
If you wish to use any part of the Platform other than as set out in the Legal Terms, please address your request to us as indicated in the How to Contact Us section.
If you violate the Legal Terms, this license to use the Platform will cease immediately and you will be required, in our discretion and at your cost, to return or destroy any copies of the Platform that you have made, and to reimburse us for all costs and expenses resulting from having to recreate any data lost caused by your actions or omissions, and for any loss of income or opportunity caused by such violation.
Reservation of Rights
The Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform or any other rights thereto other than a license to use the Platform in accordance with the license granted, and subject to the Legal Terms.
Company and its licensors reserve and shall retain their entire right, title, and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Legal Terms.
The Marks that are displayed on the Platform are registered or unregistered Marks of Company or its licensors and are subject to their respective trademark policies. You may not use such Marks without the prior written permission of Company or its licensors.
11. Communications by Us
You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.
12. Links to or from the Platform
Third Party Links and Third Party Websites
The Platform may contain links to third party websites, applications or services. These links are provided for your convenience only. We have no control over the practices of those sites or services, or the content they display, and we accept no responsibility for these practices or any loss or damage that may arise from your access.
Links to the Platform
Other entities, businesses, social media, websites and the like may link to our Platform. Such linking does not imply that we endorse such entities. We reserve the right to block any such link at any time. If you link to our Platform without our prior permission, you agree that you will disable and remove any such link promptly upon request.
13. Disclaimer of Warranties
We disclaim all liability and responsibility for any errors. We reserve the right to correct any pricing errors on the Platform, and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, for anti-virus protection, and for maintaining a means external to our Platform for any reconstructing any lost data.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY “COMPANY ASSOCIATES”) DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE PLATFORM, THE CONTENT OF ANY SITE LINKED TO THE PLATFORM, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE PLATFORM OR LINKED TO THE PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, UP-TO-DATE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE PROVIDED, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE PLATFORM.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PART OF THE PLATFORM OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF THE PLATFORM, RESULTING DIRECTLY OR INDIRECTLY: (A) FROM ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AGENCY, NATURAL DISASTERS, ACTS OF WAR, INSURRECTION OR TERRORISM, STRIKES OR LOCKOUTS, INFECTIOUS DISEASE OR PUBLIC HEALTH CRISES, UNAUTHORIZED NETWORK OR COMPUTER INTRUSION, OR INTERNET- OR COMPUTER-RELATED VIRUSES, HACKER ATTACKS OR OTHER AGENTS INTRODUCED BY A THIRD PARTY, FAILURE OF THE INTERNET AND OTHER CONDITIONS BEYOND OUR CONTROL, (B) SOLELY FROM ANY TECHNICAL REQUIREMENT FOR WHICH YOU ARE RESPONSIBLE, OR (C) SOLELY FROM YOUR INTENTIONAL ACTS OR OMISSIONS.
SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY AND COMPANY ASSOCIATES’ WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Limitation of Damages
IN NO EVENT SHALL THE COMPANY, COMPANY ASSOCIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (“COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, ANY PART OF THE PLATFORM OR ITEMS OR SERVICE OBTAINED THROUGH THE PLATFORM, OR (B) YOUR DOWNLOADING OF ANY PART OF THE PLATFORM, OR (C) A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL, OR (D) THE CONTENT OF ANY SITE LINKED TO THE PLATFORM, OR ANY CONTRIBUTIONS BY USERS OR THIRD PARTIES; INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF COMPANY OR COMPANY PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY AND COMPANY PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE TOTAL LIABILITY OF COMPANY AND COMPANY ASSOCIATES IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY LOSS OR DAMAGE RESULTING THEREFROM WILL NOT EXCEED $50.00. (FIFTY U.S. DOLLARS) IN THE AGGREGATE.
You agree to defend, indemnify and hold harmless Company and Company Parties, and their respective successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to (a) your violation of the Legal Terms; (b) your use of the Platform or any Content or information obtained from the Platform; or (c) your violation of any law or the rights of any third party.
16. Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY ITEM OR INFORMATION OBTAINED THROUGH THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Dispute Resolution
Please read this clause carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court.
We are committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this section.
Initial Dispute Resolution
You agree to give us an opportunity to resolve any dispute or claim relating to the Platform or your use (including access to) of the Platform, any dealings with our customer service representatives, any concern regarding any services or products provided, any representations made by us, any statement displayed on our Platform, or in any of our Legal Terms (“Claim”) by contacting Revel customer support at 855-690-9180.
Most concerns may be quickly resolved in this manner. Each of you and Company agrees to use best efforts to settle any such Claim through consultation and good faith negotiations, and this consultation and negotiations shall be a precondition to either initiating a lawsuit or arbitration. If we are not able to resolve your Claim within sixty (60) days from the time the information dispute resolution is pursued pursuant to this clause, you may seek relief through arbitration or in small claims court, as set forth below.
Agreement to Binding Arbitration
If we do not reach an agreed upon solution pursuant to the clause immediately above, then either party may initiate binding arbitration pursuant to the following:
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THE LEGAL TERMS, OR YOUR USE OF (INCLUDING ACCESS TO) THE PLATFORM OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce the Legal Terms as a court would.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Revel customer support at 855-690-9180
If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Each party will have the right to use legal counsel in connection with arbitration at its own expense.
The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator’s decision will follow the provisions of the Legal Terms and will be final and binding.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration. You will not be required to pay fees and costs incurred by Company if you do not prevail in arbitration.
The interpretation and enforcement of the Legal Terms shall be construed in accordance with the laws of the United States (including the Federal Arbitration Act) and the State of New York, U.S.A., without regard to its principles of conflicts of law or the U.N. Convention on Contracts for the International Sale of Goods.
Conduct of Arbitration
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of the Legal Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Legal Terms, including, but not limited to, any claim that all or any part of the Legal Terms is void or voidable.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action and Class Arbitration Waiver
You and Company further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Company each expressly waive your respective right to file a class action or seek relief on a class basis.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation
To the extent that the arbitration clause set forth above do not apply, and a Claim proceeds in court rather than in arbitration, each party waives any right to a jury trial, and agrees that any litigation between them shall be filed exclusively in state or federal courts located in New York, NY except for small claims court actions which may be brought in New York, NY or in the county where you reside.
Notwithstanding any of the foregoing, nothing in the Legal Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
18. Copyright Infringement
Notice of Infringement
If you believe in good faith that materials hosted on the Platform infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed;
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material;
- Your address, email address and telephone number;
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law”;
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
You may send us your notice by email to: [email protected]
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
- Identification of the specific content that was removed or disabled and the location that content appeared on Expedia’s Website. Please provide the URL address if possible;
- Your name, mailing address, telephone number and email address;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the party who reported your content, or that party’s agent;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification”;
- Sign the paper.
- Send the written communication to the following address: Revel Transit, Inc.; Attn: DMCA Complaints; 68 3rd Street, Brooklyn, NY 11231.
- Email it to: [email protected]
For any additional questions regarding our DMCA process, please contact us by mail at 68 3rd Street, Brooklyn, NY 11231, or by email to [email protected]
The Platform is provided free of charge to you. Company reserves the right to suspend or terminate the operation of, or access to, any part of the Platform at any time in its sole discretion. Company also reserves the right to suspend or terminate your individual access to, and use of any part of the Platform at any time in our sole discretion. Such termination will take effect immediately and automatically without any notice if you violate these Legal Terms.
Upon termination: (a) all rights granted to you under the Legal Terms will terminate; and (b) you must cease all use of the Platform and delete all copies of the App, if any, from your mobile device.
Termination will not limit any of Company’s rights or remedies at law or in equity.
Survival of Terms
The disclaimer of warranties, the limitation of liabilities, governing law and dispute provisions will survive any termination.
20. Users Located Out of the United States
The Platform is intended for use only by persons located in the United States. We make no claims that the Platform is accessible or appropriate outside the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
21. Miscellaneous Terms
Company will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.
All matters relating to the Platform or the Legal Terms will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York without regard to its conflict of law principles.
The Legal Terms constitute the sole and entire agreement between you and Company with respect to your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Platform. Any ambiguities in the interpretation of the Legal Terms will not be construed against the drafting party.
You may not assign or transfer any rights or licenses granted in the Legal Terms without Company’s consent. Company may assign or transfer its shares and assets, including its Users and members list without restriction. Subject to the foregoing, the Legal Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
No waiver by the Company of any term or condition set forth in the Legal Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Legal Terms shall not constitute a waiver of such right or provision.
If any provision of the Legal Terms is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.
Responding to Legal Process
Company may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over Company (“Legal Process”) that Company believes to be valid. Company is not responsible for any direct or indirect losses that you may incur as a result of our complying with Legal Process.
Section Titles and Numbering
Section titles and numbering used in the Legal Terms are solely for convenience. They have no legal or contractual significance.
22. How to Contact Us
The Platform is operated by Revel Transit, Inc.
All feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service should be directed to:
- Mailing Address: Revel Transit, Inc. 68 3rd Street, Brooklyn, NY 11231
- Email Address: [email protected]
- Phone: 855-690-9180
23. Provisions Applicable to Beta Testers
The following provisions are applicable only to Members who have been contacted by the Company directly for purposes of participating in Beta software testing.
Thank you for your interest in being a Beta tester for Revel!
Revel is developing a new application (referred to herein as the “Beta App“) that facilitates access to Revel’s existing Services and Platform. As a Beta tester, you will receive access to the Beta App from Revel, through which you may use the Services (the “Beta Program”).
The Beta App is currently still in development and experimental form. If you have downloaded the Beta App, you have agreed to test and evaluate the Beta App to assist Revel in the completion of the Beta App.
The following terms and conditions govern your participation in the Beta Program:
- Confidentiality. You agree to keep confidential and not disclose or discuss to any third party: a) The Beta App, b) Revel development or marketing plans that you learn about as part of your participation as tester, c) your participation in the Beta Program, and e) verbal or written communications from Revel employees, agents, contractors or other representatives regarding Revel Services and the Beta App. The confidentiality requirements continue until all of the above become publicly known.
- No Conflicting Loyalty. You represent that neither you nor any household member is: a) a member of the press or any public newsgroup, or b) an employee or representative of any competitor of Revel.
- Feedback. You will provide prompt feedback to Revel regarding the operation or use of the Beta App when it is requested. This may include filing online reports, participating in telephone interviews, maintaining a record of problems or errors, providing suggestions and ideas, and responding to written surveys or other questions and communications that may be sent by Revel. You acknowledge and agree that Revel may use, disclose, reproduce, license, distribute and otherwise commercialize such feedback. You hereby grant to Revel all required licenses in your feedback and the associated intellectual property rights to allow Revel to carry out these rights.
- Grant of License to Test. Subject to the terms and conditions herein, Revel hereby grants You a personal, nonexclusive, nontransferable and revocable license to use the Beta App to access the Services. Your license will be valid only during the time that you are an active participant in any Revel Beta Program solely for the purposes of testing and evaluating the Beta App to assist Revel in the completion of its development, and not for any commercial purpose or use. You agree not to reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which are provided to you hereunder.
- DISCLAIMER OF WARRANTIES. You acknowledge and agree that: (a) the Beta App is not complete in development and has not been released for commercial use by Revel; (b) the Beta App may not be fully functional, and it is expected that it will contain errors, design flaws or other problems, including problems that may adversely impact your access to the Services; (c) the Beta App and Services may not be reliable during the time you are participating as a tester in the Revel Beta Program; (d) the Beta App and its use may result in unexpected results, loss of data, or other unpredictable damage or loss to you; (d) Revel is under no obligation to release a commercial version of the Beta App; and (e) Revel has the right to unilaterally abandon development of the Beta App at any time and without any obligation or liability to you or any third party. You further acknowledge that you have paid no consideration to Revel for the Beta App hereunder, and that THE BETA APP AND THE SERVICES ARE BEING SUPPLIED TO YOU “AS IS”. REVEL MAKES NO WARRANTIES REGARDING THE BETA APP OR SERVICES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Ownership. You acknowledge and agree that Revel owns all right, title and interest in and to the Beta App and in any and all intellectual property rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights therein. You agree not to use Revel’s trademarks or other business names for any purpose. You will not earn or acquire any rights or licenses under any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of your participation in the Beta Program or use of the Beta App. You agree to promptly disclose and hereby assign to Revel any suggestions for change and/or improvement to the Beta App and any related rights thereto and to assist Revel, as reasonably requested by Revel and at Revel’s expense, in obtaining intellectual property protection relating to such suggestions as Revel may reasonably direct.
- Privacy. For purposes of the Beta Program, you agree to allow Revel, its employees or agents to contact you using the personal contact information you have provided in connection with your Membership, such as your name, email, address, and telephone number. Revel may store or share this personal contact information with Revel employees, agents or authorized contractors in order to communicate with you in connection with the Beta Program. Revel may use, collect, or store information generated from your participation in the Beta Program and use of the Beta App (“Usage Data“). Revel may disclose, share, redistribute, or publish such Usage Data. If you are outside of the United States, you understand and agree that personal contact information and Usage Data will be transferred to the United States and stored on servers in the United States, subject to laws applicable in the United States.