Terms of Use

App/Web Site Terms of Use

LAST UPDATED: April 20, 2020

INTRODUCTION

MoceanLab, Inc. (MoceanLab or We) provides its App (downloadable on either the iOS or Android operating system) and Web Site (collectively “App”) for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the App, you fully and unconditionally accept and agree to be bound by these Terms of Use, including binding arbitration. If you do not agree to them, please do not visit or use the App. MoceanLab reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the App following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page.  All changes are effective immediately when We post them, and apply to use of the App thereafter.

USE OF THE APP

MoceanLab maintains the App for your non-commercial personal use. Your use of the App for any other purpose is permissible only upon the express prior written consent of MoceanLab. Without limiting the foregoing, you may not: (1) use the App in a commercial manner, including by distributing, transmitting or publishing the App or any of its content; (2) interfere with others’ use of the App; (3) impair the App’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with MoceanLab’s intellectual property rights; (5) frame or otherwise co-brand the App or any of its content; (6) deep-link to any portion of the App; or (7) use the App for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the App, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet or telecommunications service provider of your activities and take appropriate legal action.

APP MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the App at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

PRIVACY POLICY

MoceanLab takes your privacy seriously. Any information submitted on or collected through the App is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

LINKS TO OTHER APPS

The App may include links to third-party WebApps or Mobile Apps. MoceanLab does not control and is not responsible for the content or privacy policies of any linked App or mobile app, and the inclusion of any link on the App does not imply our endorsement of it.

RESERVATIONS AND TRANSACTIONS

AAll reservations and transactions made through the App are subject to MoceanLab’s acceptance, which is in our sole discretion. Without limitation, this means that MoceanLab may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.  Rental contracts between MoceanLab and users are exclusively entered into through our App.

ELECTRONIC COMMUNICATIONS

By using the App, you consent to receiving electronic communications and notices from MoceanLab. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

INTELLECTUAL PROPERTY

All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the App are copyrighted by MoceanLab and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission.  You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Intellectual Property Manager, MoceanLab, Inc. 777 S. Alameda St, 2nd Floor, Los Angeles, CA 90021 or by email at: customerservice@moceancarshare.com. MoceanLab does not warrant that your use of materials displayed on or linked to the App will not infringe the rights of third parties.

MOCEANCARSHARE™ is a trademark and service mark owned by MoceanLab. This is not an all-inclusive list of MoceanLab’s trademarks and service marks. Trademarks and service marks designated with the “®” symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to MoceanLab may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by MoceanLab that appear on the App are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by MoceanLab.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you in believe that materials posted on the App violate your intellectual property rights, please contact MoceanLab at Intellectual Property Manager, MoceanLab, Inc. 777 S. Alameda St, 2nd Floor, Los Angeles, CA 90021 or by email at: customerservice@moceancarshare.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the App; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

USE OF COMMENTS SUBMITTED

You agree that MoceanLab is free to use any comments or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the App or other products or services.

NO WARRANTY

While we use our reasonable efforts to maintain the accuracy and reliability of the App, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the App or for problems with its operation. Your access and use of the App are at your own risk. Without limiting the foregoing, THE APP, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MOCEANLAB, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE APP OR FOR ANY INFORMATION PROVIDED BY OR THROUGH THE APP.  ANY CLAIM FOR DIRECT DAMAGES CONCERNING ACCESS, USE OR THE INABILITY TO USE THE APP OR FOR ANY INFORMATION PROVIDED BY OR THROUGH THE APP SHALL BE LIMITED IN THE AGGREGATE TO FIFTY DOLLARS ($50). LIMITATION OF LIABILITY IN CONNECTION WITH THE RENTAL OF VEHICLES SHALL BE GOVERNED BY THE TERMS OF THE RENTAL AGREEMENT.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

INDEMNITY

You agree to indemnify and hold MoceanLab, its affiliates and related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your violation of any law or the rights of any person.

BINDING ARBITRATION

You agree that any controversy or claim arising out of or relating to the App itself or use of the App or these Terms of Use, other than claims relating to infringement of copyright or other intellectual property claims or claims arising from the rental of vehicles which are governed by the terms of the rental agreement, may only be resolved by individual binding arbitration in accordance with this arbitration provision, or alternatively, you may assert your claims in small claims court if your claims qualify. The arbitration must be held in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com/rules-comprehensive-arbitration or by calling (800) 352-5267. The arbitrator must be selected pursuant to the JAMS Rules and Procedures. This arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (“FAA”). In any arbitration under this arbitration provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this arbitration provision. The arbitrator, however, shall apply California law to the underlying dispute, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. You will be responsible for your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the claims were filed in court. MoceanLab will be responsible for all other arbitration fees. You are responsible for all other costs/fees that you incur in arbitration, e.g. fees for attorneys, expert witnesses, etc. You are not required to reimburse MoceanLab for any arbitration fees unless the arbitrator finds that the substance of your claims(s) or the relief sought is frivolous. If the arbitrator makes such a finding, JAMS Rules will govern the payment of all fees, and MoceanLab may seek reasonable attorneys’ fees. Notwithstanding any provisions in these Terms of Use, MoceanLab will pay all fees and costs it is required by law to pay.

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision remains in effect and must be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision is null and void and neither you nor MoceanLab is entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH MUST BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. ACCORDINGLY, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER YOUR FIRST USE OF THE APP BY REGISTERED MAIL RETURN RECEIPT REQUESTED to MoceanLab, 101 W. Broadway, Suite 2000, San Diego, CA 92101, Attn: Keith C. Cramer. Include your name, address and a clear statement that you do not agree to this Arbitration provision.

DISPUTES

These Terms of Use are governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms of Use regarding a claim not subject to binding arbitration must be brought in the federal court in the Central District of California or the state courts located in Los Angeles County, California. By using the App, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the App must be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the App must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions must be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and MoceanLab in connection with your use of the App.

FORCE MAJEURE

MoceanLab will not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances or events beyond its reasonable control, including, without limitation, acts of a governmental body, war, insurrection, acts of terrorism, sabotage, embargo, fire, flood, mud slides, earthquakes, strikes, natural disasters, acts of God, public health emergencies, epidemics, pandemics, shelter-in-place orders, quarantines, government shutdowns, labor disturbances, riots, gas shortages, interruption or delay in car transportation or travel, unavailability of, interruption or delay in telecommunications or third party products or services, inability to obtain vehicles, supplies or power used in or equipment needed for the provision of providing the App under this Agreement and the associated car share services which are enabled using the App. Notice of such circumstances or events shall be provided on the MoceanLab web site or app and MoceanLab reserves the right to either suspend or terminate this Agreement and associated car share services as appropriate, and if suspended, the time period of the suspension.

CONTACT US

If you have any questions about these Terms of Use, please contact us at MoceanLab, Inc. 777 S. Alameda St, 2 nd Floor, Los Angeles, CA 90021 or by email at: customerservice@moceancarshare.com.