TERMS OF SERVICE
Last Updated: 25 May 2021
Sway Mobility Inc. (“Sway” or “We” or “Us”) helps people get to where they’re going. We call this mobility services and you have to agree to these Terms of Service (“Terms”) in order to use the services, including our vehicles, website, and apps. Please read this carefully as you are agreeing to a legal contract between you and Sway (and our affiliates and licensees) by using the services.
1.0 Who We Are
Sway provides the mobility services to you directly or through partners, who may be affiliates or licensees. These Terms apply regardless of whether Sway or an affiliate or licensee is providing the services. Our affiliates and licensees are included when we refer to Sway, We or Us.
2.0 Mobility Services
We provide access to shared vehicles, typically referred to as car sharing or car share. These vehicles are operated and maintained by Us and are accessed by you through an app. Some services may also be available through a website. Only drivers that have agreed to these Terms can access the vehicles by becoming Members.
You can use the services for your individual use under a limited, personal, non-exclusive and non-transferable license. You have no other rights in the service nor may you modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, enhance or in any way exploit the service in any manner.
2.1 Our vehicles (“Vehicle” or “Vehicles”) are shared by Members of the community, so please care for them like you would your own (or better yet, like your friend’s). If you do not return the Vehicle to its designated spot, leave it dirty, or damage it you will be charged according to the Fee Schedule. There are other reasons we may charge you a fee - for example all of our Vehicles are smoke-free - so please review the Fee Schedule.
2.2 Your rental period will begin when you check in and end when you confirm you’re done.
2.21 You are responsible for the condition of the Vehicle from the beginning of your rental, so please use the tools in Our app to document any damage to the Vehicle prior to your rental period.
2.22 If you cancel a reservation you may be charged a fee.
2.3 Most of our Vehicles are electric, so you must connect the Vehicle to the EV Charger to end your rental period. We’ll remind you of this in the app, but it is your responsibility to connect, or plug in, the Vehicle.
2.31 The Vehicle must be returned to the space where you picked it up or to another space that is designated as a Sway space.
2.32 We may end your rental period remotely if we attempt to contact you and you are unresponsive.
2.4 The fee for renting the Vehicle is displayed on the reservation page in the app. You agree to pay this fee (plus any applicable sales or use taxes) for each rental increment period until you end the rental period. You will receive a summary of the total charges for your rental through the app. You may request clarification or dispute a charge for up to 14 days from the end of your rental period.
2.5 You must always follow the law and best practices for safe driving. If the Vehicle is damaged during your rental period you must inform us as soon as it is safe to do so. You also agree to cooperate with Us and our insurance provider including requesting police reports or other requested documentation. You agree to pay any violation fee or ticket as a result of your use of the Vehicle and will not challenge any violation or ticket.
2.6 You must always park the Vehicle in a legal parking space. If this is not the space where you picked up the car, you are responsible for any parking charges, tickets, or other fees, which you will not challenge. You will also pay any tolls or use fees as a
result of your chosen route. We will charge you a fee (please see the Fee Schedule) in addition to the cost of any charges that are unpaid by you.
2.7 Your rental includes 25 miles per hour of rental up to 100 miles per day. It is your responsibility to ensure that the Vehicle has enough range for your trip. You may connect the Vehicle to properly installed, UL-certified EV chargers to increase the range. If the Vehicle is inoperable due to deleted batteries you are responsible for the costs to return the Vehicle to an EV Charger and any damages that
2.8 You must have an authorized and accepted form of payment to become a Member. We will bill this form of payment or debit any credits you have on your account, for the use of the services. You authorize Us to charge you for any fees, expenses, damages, deductibles, or other charges that are your responsibility under these Terms, including fees to become a Member.
2.81 If your payment is rejected by your payment method or you become delinquent, we can suspend your Membership and refer the outstanding amount to a collection agency. Any fees or legal costs are your responsibility and we may take legal action to collect any unpaid balance.
2.9 You must use Our app to apply to become a Member. This includes having a valid driver's license issued from a U.S. government entity (such as a state or protectorate) and meeting Our requirements, which we reserve sole discretion over. Licenses issued by some non-U.S. entities may be acceptable at Our sole discretion.
2.91 These requirements may change over time and your Membership may be rescinded at any time.
2.92 We reserve the right to accept or deny approval for any reason and we are not obligated to share those reasons with you. You authorize us to request a motor vehicle record check from a third party or the government agency that issued your license, review your driving record, and validate your payment method. We may repeat these inquiries at any time during your Membership.
2.93 If you are age 18 to 22, you must have two or more years of unrestricted driving history with no infractions on your Motor Vehicle Record.
2.94 If you are 23 or older you must have had a driver's license for one or more years and meet or exceed the Driving Record and Motor Vehicle Report qualifications set forth below:
You attest that you have not been convicted in the last 5 years of any of the following motor vehicle violations:
No more than three minor violations including accidents, traffic light violations, speeding, or moving violations;
Driving while driver’s license is restricted (except for corrective lens), suspended, revoked or denied;
Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle;
Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test;
Failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer);
Eluding or attempting to elude a law enforcement officer;
Traffic violations resulting in death or serious injury; or
Any other significant violation warranting restriction or suspension of license including speeding above 100mph, reckless driving, street racing, or speed contest.
2.95 You agree that you will access the app from your personal phone or a device designated by Us.
2.96 We may contact you at any time by phone, text, or email.
2.10 You must provide truthful and complete information when you apply to become a Member. You must also keep your information with Us up to date and inform us of any changes. We may cancel your Membership and you will be responsible for any charges that result from untrue or incomplete information.
2.101 You will immediately notify Us by email at firstname.lastname@example.org in the event Your driver’s license expires or is in any way modified, suspended, restricted, or revoked or if you otherwise no longer meet an eligibility requirement.
2.102 You understand and agree that, in the event We receive notifications by prosecution authorities of traffic rule violations allegedly committed with a Vehicle, We will be entitled to provide complete and accurate data (full name, date of birth, address) of the driver who operated the Vehicle at the time of the alleged traffic rule violation to the respective prosecution authority.
2.11 You can cancel your Membership at any time without cost but you are responsible for any outstanding charges, fees, or damages on your account. We may retain your information to comply with rules, laws, and regulations for up to 7 years after you cancel.
2.12 Any communications by you to Us (such as comments, questions, suggestions, materials) through any format whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the communication, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such communication. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the communication, and you have no right to compel such use, display, reproduction, or distribution.
3.0 Things You Must and Can’t Do
You must always use and operate the Vehicle in a lawful manner and obey all posted signs.
3.1 You may not let anyone else drive the Vehicle. We may suspend or cancel your Membership if you are subject to a moving violation while using a Vehicle. You are also obligated to report any negative occurrences that affect your ability to drive, your driver’s license, or your driving record based on any driving.
3.11 Please remember that this is a shared, community car. If you mistreat the car, for example by repeated hard braking or hard acceleration, we can suspend your Membership, charge you a premium, or revoke your Membership.
3.2 You must not share your login or password. If you suspect anyone else is using your account or if your phone is lost or stolen you must contact us immediately to suspend your account. You remain liable for any actions or damages resulting from unauthorized access.
3.3 You must always use the Vehicle in a lawful manner and you will not use the Vehicle to commit any crime, illegal activity, or be party to any crime or illegal activity.
3.31 You may not operate the Vehicle if you are under the influence of alcohol or controlled substance, this is a zero-tolerance policy.
3.32 You may only use the Vehicle on paved roads, no off-road use is permitted.
3.33 We reserve the right to inspect the Vehicle at any time.
3.4 You and all passengers must wear seatbelts. You may only carry as many occupants as there are factory-installed seatbelts in the Vehicle. Any children must be properly restrained in an approved child safety seat that you are responsible for installing properly. We do not provide any child seats.
3.5 Do not use our app, or any app including texting, while driving.
3.6 No pets are allowed unless they are actual service animals and we retain the right to prohibit any animal in the Vehicle.
3.7 No smoking or vaping is allowed in the Vehicle.
3.8 You may only use the Vehicle to carry passengers and light goods. No heavy or bulky objects, flammable or dangerous materials, or objects that extend beyond the Vehicle (like out of a window). The rear hatch, if the Vehicle has one, must be closed while driving.
3.9 You must close all windows and doors when ending your rental period or parking the Vehicle or if it is raining, snowing, or if leaving the windows or doors open would damage the Vehicle in any way.
3.10 You may not alter or repair anything in or on the Vehicle and you may not remove or add anything to the Vehicle.
3.11 No towing with the Vehicle or using the Vehicle to push another Vehicle or object.
3.12 If the Vehicle is towed or impounded you must notify Us immediately. Do not attempt to tow a Vehicle if it isn’t working. Please contact Us immediately.
We provide insurance for the Vehicle but you qualify for coverage only if the following requirements are met:
You are in full compliance with these Terms (and were in full compliance at the time of an accident)
You are at least 18 years old (university-affiliated Members may be accepted at 18 but typically you must be 21 to be a Member)
You have a valid driver’s license
You reported any changes to the validity of your license or driving infractions that occurred after being accepted as a Member
You have not let anyone else operate the Vehicle
You agree to cooperate with Us and Our agents
4.1 We provide automobile liability coverage for third-party bodily injury and property damage in the state in which you began your rental period. Coverage amounts and limits vary by state and no-fault benefits are included in states that require it. Please see swaymobility.com/insurance for coverage limits by state.
4.2 To the extent permitted by applicable law, We reserve the right to hold you fully responsible for all damage, loss, claims and liability arising from your use or possession of a Vehicle, including, but not limited to: (a) physical or mechanical damage to the Vehicles whether or not you are at fault, (b) loss due to theft, (c) physical damage resulting from vandalism, (d) bodily injury of you, your passenger or a third party, (e) third party claims, (f) actual charges for towing, storage and impound fees paid by Us, (g) administrative charges including the cost of appraisal and other costs and expenses
incident to the damage or loss, (h) if applicable, any diminished value to the Vehicle; and (i) all mechanical damage to the Vehicle related to an accident or your abuse or neglect of the Vehicle. Your responsibility for such damage or loss will include: (a) the lesser
of: (i) the actual and reasonable costs that we incur to repair the Vehicle or that We would incur if We chose to repair the Vehicle, or (ii) the fair market value of the Vehicle immediately before the damage occurred less any net disposal proceeds; and (b) Our
actual charges for towing, storage, and impound.
4.3 You are responsible for a deductible prior to any insurance coverage if: (a) any incident, collision, or accident occurs, or damage is sustained that is your fault; (b) if fault for any incident, collision, accident, or damage cannot be determined; or (c) if damages for any incident, collision, accident, or loss resulting from your use of a Vehicle cannot be recovered from a third party. Deductible amounts can be found at swaymobility.com/insurance.
Your personal automobile policy and/or credit card may cover some or all of this amount; please check with your insurance agent or credit card issuer before using the service. You are encouraged to obtain personal insurance coverage that covers your liabilities
before using a Vehicle.
4.4 If losses exceed the insurance coverage, you authorize Us to work with your personal insurance provider, if you have one, to recover amounts above Our coverage. You are responsible for any amounts above Our coverage limits that are not met by your insurance.
4.5 You agree to notify us immediately of any incident, cooperate fully with Us and Our insurance carrier or its agents, avoid doing anything that prejudices Our position, pay any deductible or other amounts owed, attend trials, dispositions, or other requested events, provide and secure evidence, and, take no action to interfere with Our subrogation rights or those of Our insurer.
5.0 Information We Collect
In order to provide the services to you, we collect certain information. This may include:
Geolocation data from the Vehicle including the location, speed, route, and mileage of the Vehicle - we have the ability to know where the Vehicle is at all
times and can remotely disable the Vehicle
Our Vehicles may be equipped with Event Data Recorders, Airbag Control Modules and/or other devices that record data from the Vehicle and its operation
In addition there may be third party operators of the GPS or telematics systems, or affiliates of such third parties who may also have access to the location of each Vehicle or access to other information supplied by the GPS or telematics system in each Vehicle.
Data from your phone or computer collected through Our app or website
5.1 You acknowledge and agree that you do not have any expectation of privacy while using a Vehicle, including location privacy, route privacy, speed privacy or privacy in a Vehicle’s operational systems.
5.2 We retain the right to any and all data generated by the Vehicle and app.
5.3 We may collect and use information in an aggregated and anonymized manner about your use of the services, including to compile statistical and performance information related to the provision and operation of the services. We retain all right, title and interest in the information and all intellectual property rights. You acknowledge that We collect this information and You agree that we may make such information publicly available, and use such information (to the extent and in the manner required by applicable law or regulation) for purposes of analysis, marketing, and improving the services provided that such data and information does not identify You. Additionally, We may, in Our sole discretion, sell the information.
5.4 Any maps, directions and location advice provided by the app or in-vehicle navigation systems may not be accurate and are not guaranteed by Us or any other party. Please rely on common sense and best judgment when operating any Vehicle and do not rely solely on the app or navigation system.
6.0 Changes to the Terms
We may change the Terms at any time by providing you notice through the app and website. These changes could include modifying, suspending, or discontinuing the services and access to vehicles at any time. If you do not accept the changes to the Terms your access will be terminated and you must stop using the services.
7.0 Disclaimers and Limits of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SWAY, ITS AFFILIATES OR LICENSEES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, ASSIGNS, AND SUCCESSORS-IN-INTEREST BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, ACTS OF GOD, THE USE OF SWAY VEHICLES, AND/OR SWAY’S SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, SWAY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, THE LOCATION AND ITS CONDITIONS AND PERSONAL AND THE VEHICLE, INCLUDING ANY DEATH, INJURY OR DAMAGE THAT MAY RESULT THEREFROM. WE ARE NOT LIABLE FOR ANY AND ALL LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, US BASED UPON, ARISING OUT OF, WITH RESPECT TO, OR BY REASON OF YOUR CRIMINAL, WILLFUL, OR GROSSLY NEGLIGENT ACTION OR OMISSION IN THE OPERATION OF A VEHICLE OR IN CONNECTION WITH THE SERVICES. WE ARE NOT LIABLE FOR ANY PERSON’S LOST, STOLEN, OR DAMAGED PROPERTY IN AND FROM AN VEHICLE. THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR OUR SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM, OR, IF YOU HAVE NOT PAID US FOR THE USE OF OUR SERVICES DURING SUCH PERIOD, THE AMOUNT OF $50. THIS SECTION WILL SURVIVE TERMINATION OFTHIS AGREEMENT.
Without limiting the generality of the foregoing, We make no warranty that the Services will meet Your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by You through the Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
8.0 We May Disagree
These Terms contain dispute resolution and arbitration provisions, including a class action waiver, that affect your rights. You may have the right to opt out of certain provisions.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert
claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution For all disputes, whether pursued in court or arbitration, you must first give Us an opportunity to resolve the dispute which is first done by emailing to Us at email@example.com the following information: (1)your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If We do not resolve the dispute within 45 days after receiving your notification, than you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, Your or We may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this provision by emailing Us at firstname.lastname@example.org the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with Us through arbitration. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS
Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either Cleveland, OH or the federal judicial district that includes your billing address. In the event that you select the latter, We may transfer the arbitration to Cleveland, OH so long as We agree to pay any additional fees or costs
which the arbitrator determines you incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in
good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and We specifically agree to do so following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as
specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out
You understand and agree that by accepting this Provision in these Terms, you and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with Us or Our affiliates or licensees and your discontinued use of the service. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Us to adhere to the language in this provision if a dispute between Us arises.
Certain violations of these Terms, as determined solely by Us, may require immediate termination of your access to the service without prior notice to You. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the service will be heard in the courts located in Cleveland, OH. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between you and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CALIFORNIA CONSUMER NOTICE Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The service are provided by Sway Mobility Inc. If you have a question or complaint regarding the Website or Services, please contact Customer Service by emailing email@example.com. You may also contact Us by writing Sway Mobility Inc., 3558 Lee Road, Shaker Heights, OH 44120. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
10.0 Contact Us
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by emailing firstname.lastname@example.org or by mail at 3558 Lee Road, Shaker Heights, OH 44120.