row your own

Please read the rules and restrictions below to ensure you have the best Row Your Own Experience.

These Terms of Use (the “Terms”) are a binding contract between you and Row Your Own, LLC (“Row Your Own,” “we” and “us”). Your decision to use any portion of our website, services, or products (the “Services”) in any way means that you agree to all of these Terms, which will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.

The word “you” in these Terms, refers to any user of the Services, regardless of the type of use of the Services, or registration status, registered or unregistered.

Please read the following Terms carefully, as your use and access to the Services are subject to your full agreement. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. IF YOU DO NOT AGREE TO THE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICES.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Terms are subject to change

These Terms may need to change from time to time, according to any changes to the Services offered. We reserve the right to change the Terms at any time. If and when we do, we will notify you by placing a notice on our site, sending you an email, and/or notifying you by some other means.

If you do not agree with the new Terms, you may reject them, though that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

No amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Row Your Own Scope of Services

The Services offered by Row Your Own serve as a connection between those offering cars for sale (“Sellers”) and those interested in purchasing cars offered by sellers (“Bidders”). The extent of the Services is limited to connecting, via personal contact information, two parties of mutual interest. Legal transactions of ownership and associated funds transfer(s) for each car listed on the Services are always conducted directly between Sellers and Bidders.

Before bidding on a car from a Seller (each, a “Seller Car”), Bidders are responsible for determining that the Seller Car meets the Bidders expectations. Row Your Own is only responsible for connecting Sellers and Bidders, and can’t and won’t be responsible for ensuring that any Seller Car is of a certain standard of quality. Row Your Own can’t and won’t be responsible for ensuring that information (including credentials) any Bidder or Seller provides about themselves or about any Seller Car being offered is accurate or up-to-date. Each Seller acknowledges and agrees they shall make reasonable efforts to complete the sale of their Seller Car, if there is a winning bid, to that winning Bidder. Each Bidder acknowledges and agrees that if they are the winning Bidder in an auction through the Services, their bid is binding on the Bidder and Bidder is responsible for all applicable government fees and taxes for the vehicle won through such bid. Notwithstanding the foregoing, we don’t control the actions of any Bidder or Seller, and Sellers aren’t our employees.

ROW YOUR OWN DOES NOT OFFER SELLER CARS DIRECTLY. YOU HEREBY ACKNOWLEDGE THAT ROW YOUR OWN DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR THE SELLER CARS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE SELLER CARS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

Sellers may not remove a car made available for auction on the Services before the end of such auction. During the period that a Seller Car is listed on the Services, the Seller may not list or make available such Seller Car on any other auction, dealership, listing service or publication.

User account basics

You may be required to sign up for an account, create a password and username (“Row Your Own User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and current registration information about yourself. You may not select as your Row Your Own User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.

You represent and warrant that you are an individual of legal age to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Sellers must comply with all laws that relate to the Seller Cars). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that violates the law.

You will not share your Row Your Own User ID, account or password with anyone, and you must protect the security of your Row Your Own User ID, account, password and any other access tools or credentials. You may not transfer your account to anyone else without our prior written permission. You are responsible for any activity associated with your Row Your Own User ID and account.

Communications and messaging

As part of the Services, you may receive communications through the Services, including messages that Row Your Own sends you (for example, via email).

Restrictions in how you may use the Services

You represent, warrant, and agree that you will not contribute any Content or User Submission (each as defined below) or otherwise use the Services or interact with the Services in a manner that:

(a) infringes or violates the intellectual property rights or any other rights of anyone else (including Row Your Own);

(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Row Your Own;

(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable (including, without limitation, by creating multiple accounts for purposes of cheating or gaming the bidding system);

(d) jeopardizes the security of your Row Your Own User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) copies or stores any significant portion of the Content; or

(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete the information as quickly as possible when notified by you.

Use of information obtained from other users

You may not collect any information from or relating to another user (“User Information”), whether via the Services, in the course of offering or making an offer on Seller Cars, as applicable, or otherwise, beyond what is necessary to complete your diligence and the auction transaction. Your collection, use, maintenance, and transmission of all User Information must be in compliance with all applicable laws. Upon the conclusion of an auction, you must properly destroy all User Information and make no further use of it.

Your rights in the Services

The materials displayed or performed or available on or through the Services, including, but not limited to, text, images, photos, data, graphics, illustrations, articles, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Row Your Own’s) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Row Your Own owns the Services, and you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes; or (vii) violate any law.

Licenses

In order to display your User Submissions on the Services, and to allow other users to view and engage them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Services, you hereby do and shall grant Row Your Own a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license granted to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Finally, you understand and agree that Row Your Own, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

In accordance with the Digital Millennium Copyright Act (DMCA), we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Row Your Own’s' Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(b) Identification of works or materials being infringed;

(c) Identification of the material which is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Row Your Own is capable of finding and verifying its existence;

(d) Contact information about the notifier including address, telephone number and, if available, email address;

(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and

(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

(a) Remove or disable access to the infringing material;

(b) Notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and

(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

(a) A physical or electronic signature of the content provider;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

(d) Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.

Please contact Row Your Own’s' Designated Agent at the following address:

Row Your Own, LLC

Attn: Designated Agent

Address: 108 E. Main Cross St. Findlay, OH 45840

User responsibilities

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk, and we are not liable for any errors or omissions in that information or Content, or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Row Your Own. When you access third-party websites or use third-party services, you accept there may be risks inherent in doing so, and that Row Your Own is in no way responsible for such risks.

Row Your Own has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Row Your Own will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Row Your Own is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Row Your Own, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Seller Responsibilities

Users who wish to become sellers on Row Your Own must submit the required information on the ‘Submit a Car’ form on the Row Your Own Website. At the time of submission, users must provide proof of ownership via photo of the vehicle title or memorandum title, showing their ownership in the submitted vehicle.

Changes to Row Your Own Services

Because we are always trying to improve our Services, they may change over time. We may suspend or discontinue any part of the Services, we may introduce new features, impose limits on certain features or we may restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Cost of the Services

It is free to register for the Services but certain aspects of the Services may require payment of fees to us. If you decide to use these paid aspects of the Services, you agree to the Fees Terms set forth below, and as we may amend them from time to time.

We reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

You must pay all fees and applicable taxes associated with our Services by the payment due date (including, without limitation, any fees incurred in connection with the use of our third party payment processor, Stripe). Stripe’s terms of service can be found at https://stripe.com/legal.

Fees

Listing Fees

There are currently no Seller listing fees to list a Seller Car on the Services.

Buyer Fees

If you are the winning bidder for a car listed on the Services, you shall pay us a fee (a “Buyer’s Fee”) equal to 3.0% of the winning bid amount listed on the Services. Notwithstanding the foregoing, for each winning bid on the Services, the minimum Buyer’s Fee is $250 and the maximum Buyer’s Fee is $2,500. All Buyer’s Fees are non-refundable, regardless if as a winning bidder you decline to complete the purchase of the vehicle seller.

If you place a bid on the Services, we will place a hold on your credit card in an amount equal to 2.0% of your bid amount (a minimum of $250, up to a maximum of $2,500). We will remove all such holds – except the hold on the winning Bidder’s credit card – after the auction is completed. The hold on the winning The Bidder’s credit card will be charged as payment for the Buyer’s Fee immediately after the auction listing ends.

Seller Payments

Within ninety (90) days after the end of an auction, Seller must provide Row Your Own with information reasonably required in order to process any payments to Seller under the Services (including, without limitation, PayPal or bank account information and a current IRS Form W-9). If Seller fails to comply with the foregoing, Row Your Own shall not be liable for, and Seller waives, any and all payment obligations then owed by Row Your Own to Seller.

Stopping use of the Services

You are free to stop using the Services at any time by contacting us at admin@rowyourown.com Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Row Your Own is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Row Your Own has the sole right to decide if you are in violation of any of the restrictions set forth in these Terms; for example, a Bidder who believes that a Seller may be in breach of these Terms is not able to enforce these Terms against that Seller.

Before deciding to terminate your account, please keep in mind that account termination may result in destruction of any Content associated with your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. For example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Additional information

Warranty Disclaimer. Row Your Own and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Row Your Own and all such parties together, the “Row Your Own Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Row Your Own Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Row Your Own Parties do not make any representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Seller Cars. Seller Cars and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Row Your Own Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY ROW YOUR OWN (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

ROW YOUR OWN (I) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ASSUME RESPONSIBILITY FOR ANY CAR ADVERTISED OR OFFERED BY A SELLER THROUGH THE SERVICE (OR ANY HYPERLINKED WEBSITE OR SERVICE) AND (II) WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A BIDDER OR OTHER THIRD-PARTY PROVIDER.

BECAUSE SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ROW YOUR OWN PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO ROW YOUR OWN IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Row Your Own Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without' prior written consent from Row Your Own. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Ohio, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Row Your Own and limits the manner in which you can seek relief from Row Your Own. Both you and Row Your Own acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Row Your Own officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, those Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Diego County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Row Your Own will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Row Your Own will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Row Your Own may assert claims, if they qualify, in small claims court in San Diego County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND ROW YOUR OWN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Row Your Own are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Row Your Own over whether to vacate or enforce an arbitration award, YOU AND ROW YOUR OWN WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Row Your Own is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: “350 10th Avenue, Suite 1000, San Diego, California 92101” postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Row Your Own to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Row Your Own agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Franklin County, OHIO, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Row Your Own.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Row Your Own may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Row Your Own agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Row Your Own, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Row Your Own, and you do not have any authority of any kind to bind Row Your Own in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Row Your Own agree there are no third-party beneficiaries intended under these Terms.

Effective date: January 1, 2023

Contact:

Email: admin@rowyourown.com