RUMBLESEAT
Terms of Use

2.1. About Our Services

Rumbleseat offers various Services to Users. The Services we offer include, among others:

• We provide a software platform for vehicle and other hobby enthusiasts (“Platform”);
• We enable Users to make accounts to use our Platform;
• We enable Users to record and archive provenance materials, maintenance records, and other documents and materials in relation to their vehicle or other equipment through the Platform;
• We enable Users to record and track vehicle maintenance through their “Garage” page attached to their account;
• We enable Users to create pages and accounts for clubs for vehicles or other topics (“Clubs”) on the Platform;
• We enable Users to moderate and manage Club pages, including discussion forums;
• We enable Users to communicate with other Users through direct messaging through the Platform;
• We enable Users to list vehicles, parts, and other equipment for sale on the Platform;
• We may offer through Stripe, Inc. (“Stripe“) or other third-party services that facilitate the payment services via credit card, debit card or other forms of payment. These payment processing services are provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) as applicable. Users that use these payment processing services also agree to be bound by the Stripe Services Agreement, as applicable, as the same may be modified by Stripe from time to time. As a condition of Rumbleseat enabling payment processing services through Stripe, you agree to provide Stripe accurate and complete information about you, and you authorize Rumbleseat to share account and transaction information related to your use of the payment processing services provided by Stripe. Rumbleseat assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.

Our Services continue to grow and change. Please refer to our Site and periodically check for updates to these Terms for further information about the Services we provide.

2.2. Limitations of our Services

We offer a variety of Services to help our Users. However, we do not verify or confirm any content uploaded or provided by Users, including without limit documentation relating to authenticity, maintenance, or provenance of any vehicle or equipment (collectively, “Content”). We do not provide vehicle dealer or broker services. Further, we do not provide vehicle maintenance services or recommendations, nor do we purchase, sell, or resell vehicles or vehicle parts. As a result, We expressly disclaim all warranties of merchantability, non-infringement, and fitness for particular purpose for any Content or items available for sale through the Platform. We do not have control over the integrity, responsibility or actions of Users. Users are solely responsible for complying with any applicable laws regarding the sale and purchase of vehicles. We cannot make any recommendations to Users regarding representations about: (i) the suitability, reliability, timeliness, or accuracy of the Content; (ii) the merchantability, quality, fitness for particular purpose, authenticity, or other aspect of any vehicle or vehicles parts; (iii) maintenance or operation of any vehicle or other equipment; or (iv) integrity, responsibility or actions of Users whether in public, private or offline interactions.

Rumbleseat is not responsible for the conduct, whether online or offline, of any User of the Site, Platform, or Services. Rumbleseat does not assume and expressly disclaims any liability that may result from the use of information or Content provided on our Site. All Users, hereby expressly agree not to hold Rumbleseat or its officers, managers, members, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters and corporate partners, (hereinafter “Affiliates“) liable for the actions or inactions of any User or other third-party or for any information, instruction, advice or services that originated through the Site or via the Services. Rumbleseat and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies arising out of the actions of Users in connection with the Services.

2.3. User Accounts and Terms

In order to use all of Rumbleseat’s Services, including features of the Platform, Users may be required to register an account. Please refer to the Privacy Policy regarding what information is collected and Rumbleseat’s practices in regard to that information in connection registering an account. By registering an account, you agree to abide and be bound by these Terms, and any additional terms associated with such Users of a registered account. Users are responsible for reviewing and controlling their account settings, including without limit settings impacting or related to the visibility of their information, Content and ability for other Users to message them.

Rumbleseat may (but does not have any obligation to), in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Rumbleseat violates these Terms, or that Rumbleseat determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, threaten the safety of Users of the Services or others, or could have a negative impact on Rumbleseat or its reputation. As a User, you represent and warrant that you have the right, and hereby grant, to Rumbleseat, its Affiliates, licensees and its successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Rumbleseat will not infringe or violate the rights of any third-party. Content that violates any of Rumbleseat’s policies may be modified, obfuscated, or deleted at Rumbleseat’s sole discretion.

Users are responsible for complying with all laws, rules, regulations, and agreements with third-parties relevant to operation, sale, and maintenance of vehicles in connection with the Services. Users should check review local rules to determine what laws and requirements may apply. Information provided by Rumbleseat is for informational purposes only; Users should independently confirm any obligations under applicable law. Users are responsible for complying with applicable data privacy laws when handling personal data from other Users. If uncertain regarding any such laws or regulation, Users should seek independent legal counsel.

Users are responsible and liable for their own acts and omissions, as well as any acts and omissions of anyone acting on behalf of the User when using the Platform, Site, or Services.

As a User, you acknowledge that owning, operating, and maintaining a vehicle carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Platform and Services. You agree that you have had sufficient opportunity to investigate the Platform, Services, and applicable laws, rules, and regulations that may affect your vehicle, and that you are not relying upon any statement of law by Rumbleseat or its Affiliates.

2.4. Garage Terms

When a User inputs Content or lists a vehicle in the portion of the Services knows as a User’s “Garage” page (or any functional equivalent thereto), the User is solely responsible for such Content, including the completeness and accuracy of such information. Users are solely responsible for uploading documentation and creating reminders in relation to vehicle maintenance through their Garage pages, including updating maintenance practices and events. Rumbleseat does not make any recommendations or provide any kind of vehicle maintenance or repair services. By creating maintenance reminders, You agree to receive notifications through the Platform, and potentially email or SMS, subject to the Privacy Policy. You are solely responsible for performing any maintenance or repairs on your vehicles. Rumbleseat makes no assertion that any maintenance, repair, or other activity recorded on the Platform occurred.

Users are solely responsible for ensuring the authenticity and authorization of all Content, including without limit any materials relating to the provenance or maintenance of a vehicle or other piece of equipment. The Platform is solely intended to create a substitute digital archive of any provenance materials or maintenance records. To the extent such information is shared with Rumbleseat, it is stored pursuant to the Privacy Policy. Rumbleseat does not maintain physical records of any provenance materials or maintenance records. Users should not rely on the Platform to maintain provenance materials or maintenance records, and Users are solely responsible for maintaining any such records and materials in any format.

2.5. Club Terms

Users may create clubs for interacting with other Users (“Clubs”). These Clubs may provide discussion boards and offer interactions outside of the Platform, including in-person. The Platform solely facilitates communication regarding any events. Rumbleseat does not host, endorse, sponsor, or otherwise affiliate with any such events.

Rumbleseat reserves the right to review such discussion boards and to remove any Content provided therein, but Clubs are solely responsible for moderating discussion boards and any Content provided therein. Rumbleseat reserves the right to terminate any discussion board or Club in its sole discretion, with or without cause. Club hosts should never create, approve, enable or encourage offensive, illegal, or rule-breaking content or behavior. Further, Club hosts are solely responsible for admitting, rejecting, and removing Users from their clubs, provided that Rumbleseat reserves the right to remove any User from any Club or terminate their account in its sole discretion. Users acting as Club hosts are not employees, agents or contractors of Rumbleseat. Such persons are not entitled to any compensation or benefits in connection with acting as Club hosts. Rumbleseat reserves the right, but is not responsible, for vetting or terminating any User in their capacity as a Club host.

Clubs may solicit payments in the form of dues in connection with membership and participation in such Club. Payments are required to be facilitated by the Platform, and subject to these Terms. Each Club, is responsible for setting its price and establishing the rules and requirements for such Club. Rumbleseat has no control over the amounts charged for any such membership dues, or any other amounts outside set by a Club using the Services.

2.6. Marketplace Terms

The Platform may be used to facilitate the sale and purchase of vehicles and parts. Payments directly through the marketplace are required to be facilitated by the Platform, and subject to these Terms. Users are solely responsible for coordinating for transport and delivery of any materials sold in connection with the Platform. Users are responsible for setting their prices. Rumbleseat has no control over the amounts charged for any purchase, including any reserve set in any auction, or any other amounts outside of those dues, including taxes, shipping, and handling.

By directly listing an item for sale on the Platform, you acknowledge, agree, and understand the following:

• You assume full responsibility for the item offered and the accuracy and content of the listing,including listing content created using tools offered by Rumbleseat or third parties;
• Rumbleseat cannot guarantee how soon a listing will publish or be searchable, nor the duration of any listing;
• Fixed-price listings may renew automatically, based on the listing terms at the time, until sold or the listing is terminated by the listing User or Rumbleseat;
• Rumbleseat reserves the right to terminate and remove any listing in its sole discretion;
• Any Content provided on the Platform in connection with a listing abides by these Terms;
• Rumbleseat may revise listings to supplement, remove, or correct information, including any Content, in Rumbleseat’s sole discretion;
• Rumbleseat may impact the appearance or placement of listings in search and browse results in its sole discretion;
• Results may vary for individual listings;
• We may provide information to consider when creating listings. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings You agree that we may display the sales and performance history of your individual listings and related listings to other sellers and buyers;
• Rumbleseat has no responsibility or liability for the safety or performance of any item listed or sold using our Services. Users are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using the Services;
• Rumbleseat may publish and promote your listings, including related content such as username, product reviews, and feedback, including feedback from other Users about you or Content you provide, in any format and through any channel, including across the Platform, or third-party property or advertising medium;and
• Any fees charged or retained by Rumbleseat do not purchase exclusive rights to any item or exposure on our Services. Rumbleseat, or other Users, may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, Users.

For Users buying vehicles or parts through the Platform, you acknowledge, agree, and understand the following:

• You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy such item;
• You are entering into a legally binding contract to purchase an item when any of the following occur: you buy the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received unless the transaction terms state that you are required to pay for the item before a binding contract is formed;
• For motor vehicles , a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller; and
• We do not transfer legal ownership of items from the seller to you.

2.7. Eligibility to Use the Site and Services

By requesting to use, registering to use and/or using the Site or the Services, you, as the User, represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

• Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
• The Site and the Services are currently available only to individuals who are legally in the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, you may not currently use Rumbleseat, the Sites or the Services.
• Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
• You are not a competitor of Rumbleseat or using our Services for reasons that are in competition with Rumbleseat.
• Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
• We welcome your feedback and questions about the Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Rumbleseat and we may use all such communications, all without notice to, consent from, or compensation to you.

Rumbleseat disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any Users of the Site. Users hereby represent, understand and agree to hold Rumbleseat harmless for any misstatements and/or misrepresentations made by or on behalf of them on the Platform or Site, or in any other venue.

9.1. No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Rumbleseat or its Affiliates, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.RUMBLESEAT DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS, INCLUDING THE CONTENT; (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN RUMBLESEAT; (3) WARRANT THAT YOUR USE OF THE PLATFORM, SITE, OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RUMBLESEAT EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

9.2. Assumption of Risk

You assume all risk when using the Platform, Site, and Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Platform, Site, and Services.

9.3. Limitation of Liability

In no event will Rumbleseat be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Platform, Site, or Services, including without limitation damages related to any information received from the Platform, Site, or Services, removal of content from the Platform or Site, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscriptions, Club memberships, or ability to access the Platform, Site, or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Rumbleseat, its Affiliates, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL RUMBLESEAT’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNTS RECEIVED BY RUMBLESEAT IN CONNECTION WITH ANY SERVICES OBTAINED THROUGH THE SITE, OR, IF YOU HAVE NOT PAID RUMBLESEAT ANY AMOUNTS, THE AMOUNT OF $25.00.

IN NO EVENT WILL RUMBLESEAT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

9.4. Release of Liability for Conduct and Disputes

By using the Platform, Site, or Services, you hereby represent, understand, and expressly agree to hold Rumbleseat harmless for any claim or controversy that may arise out of the actions of or relationship between you and any other Users of the Site. You agree to take reasonable precautions in all interactions with other Users of the Site or the Services, particularly if you decide to meet offline.

9.5. Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Rumbleseat and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Rumbleseat and its Affiliates in connection with any claim by a third-party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, including any third party claims in connection with Section10, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, (iii) any relationship or agreement formed with a User using the Platform, Site, or Services, or (iv) any act or omission by a User using the Platform, Site, or Services, negligent or otherwise. Users further agree that they will cooperate as reasonably required in the defense of such claims. Rumbleseat and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Rumbleseat. Users further agree to hold harmless Rumbleseat and its Affiliates from any claim arising from a third-party’s use of information or materials of any kind posted to the Site.

11.1. Agreement to Arbitrate

This Section 11 is referred to in these Terms as the “Arbitration Agreement.” Unless you opt-out in accordance with the opt-out procedures set forth in Section 11.7 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Rumbleseat or its Affiliates, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise (“Claims”), shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

11.2. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND RUMBLESEAT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND RUMBLESEAT EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST RUMBLESEAT AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER RUMBLESEAT USERS. 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, then this Section 11.2 shall be deemed null and void.

11.3. Pre-Arbitration Dispute Resolution

Rumbleseat is always interested in resolving disputes amicably and efficiently. Therefore, before commencing arbitration, you are required to contact us with your claim via email at contact@rumbleseat.com, as we may be able to resolve it without the need for arbitration.

11.4. Arbitration Procedures

If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules“), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 9. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

To commence an arbitration against Rumbleseat, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to Rumbleseat at 203 Menaul Blvd NE, Albuquerque, NM 87110 For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Rumbleseat may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Rumbleseat subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Rumbleseat, unless the arbitrator requires otherwise.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. 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 written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Mexico, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law.

11.5. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Rumbleseat will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Rumbleseat will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Rumbleseat for all fees associated with the arbitration paid by Rumbleseat on your behalf that you otherwise would be obligated to pay under the JAMS rules.

11.6. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

11.7. Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice“) in accordance with the terms of this Section. For new Users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. You must mail the Opt-Out Notice to:

Rumbleseat; Data Protection and Privacy
203 Menaul Blvd NE, Albuquerque, NM 87110

Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) associated with the Site and Services to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Rumbleseat will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Rumbleseat will provide the opting out User with a copy of the arbitration agreement from the last version of the Terms that the User accepted, if any exists. If you opt-out of arbitration, Rumbleseat reserves the right to terminate your right to access the Services and Platform.

11.8. Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Rumbleseat prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Rumbleseat prior to the effective date of removal.