Marketplace Terms of Service

Petrolicious Terms of Service

and Permission to Use Platform and Service

Hello. We are vintage vehicle fanatics. We created the Marketplace, an exclusive listing Service operated by May Moon Media, LLC., d.b.a. Petrolicious (“Petrolicious”), to allow people to discover, advertise, market and share information about vintage vehicles. The Marketplace Service operates on a web-based and mobile Platform. Words with special meaning are designated in bold type.

1. Permission to Use Platform and Service. You are welcome to use our Service and Platform, but only according to the Terms of Service set forth below. The Terms of Services include the provisions stated below and all provisions in other documents referenced herein (which are incorporated herein by their reference). Taken together these are a contract which defines and establishes the rights and responsibilities of all Users of the Marketplace. Please read the Terms of Service and all referenced documents carefully and make sure you understand and agree to them. Please note, these Terms of Service contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, detailed in Section 12(C) and 12(E) below. If you disagree with any provision or part of the Terms of Service and the referenced documents, then you do NOT have permission to access our Platform or to use our Service. By accessing our Platform or by using our Service, you agree to be bound by these Terms of Service, the referenced documents, the Marketplace Privacy Policy and all their individual paragraphs, provisions and parts.

2. Limitations on Permission to Use. The Marketplace Terms of Service apply to all Users of our Platform, our Service and our software including, without limitation, Buyers, Sellers, visitors, and all others who register for, use or otherwise access the Platform and/or use our Service. However, you may only use our Platform and Service if you are over the age of 18, have not been removed or restricted from use of our Platform and Service, and are able to form a legal and binding contract. In using our Platform and Service, you must be and remain in compliance with all applicable local, state, national and international laws, rules and regulations.

3. Marketplace Service. The Marketplace is created for the purpose of providing information to the public about vintage vehicles and persons who may be interested in buying, selling, exchanging and/or providing parts or Services relating to such vehicles. Persons desiring to use our Service may do so, subject to our Terms of Service. Users of our Service are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the Terms of Service. Marketplace reserves all rights not expressly granted herein in the Service and Marketplace Content. Marketplace may terminate this license at any time for any reason or no reason at all. Certain of our Services may be subject to additional terms and conditions specified by us from time to time, and your use of such Services is subject to those additional terms and conditions. These Terms of Service cover your use of our online and/or mobile Services, and software provided in connection with the submitting of an automobile vehicle description and any other related information in connection with the listing of a vehicle on our website as a “Seller.”

4. Limitations of Marketplace Service. MARKETPLACE IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SERVICE. MARKETPLACE DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SERVICE. Marketplace does NOT offer other ancillary products and services such as vehicle financing, service contracts, mechanical breakdown insurance, vehicle registration/titling, and vehicle transfer escrow services.

5. Process for Use of Service and Platform. You are responsible for creation and maintenance of your User Account using the tools provided on our Platform. It is your responsibility to assure that your User Account is fully compliant at all times with the then current Terms of Service and included documents.

a.) Creation and Maintenance of Accounts. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not use as a Username the name of another person or entity that is not you, or a trademark or copyrighted phrase not owned by you without appropriate authorization, nor may you use a Username that is not lawfully available for use or one that is offensive, vulgar or obscene. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

b.) Use of Business or Fictitious Names. If you open a Marketplace account on behalf of an organization or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

c.) Breach of Security. You must notify Marketplace immediately of any breach of security or unauthorized use of your account. Marketplace will not be liable for any losses caused by any unauthorized use of your account.

d.)Confidentiality and Passwords. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

e.) Use of Email Information. By providing Marketplace your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers, newsletters, and marketing material. If you do not want to receive such email messages, you may unsubscribe to such messages using the link at the bottom of the email.

f.) Account Features. Your Marketplace account gives you access to the Services and functionality that we have established at the time of creation. We may, in our sole discretion, change, modify, delete, or supplement any of those features and pricing therefor. You will be notified in advance of any pricing increases and have an opportunity to opt out of feature upgrades and/or terminate Services according to procedures established from time to time in our sole discretion. We may maintain different types of accounts for different types of Users. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

g.) Prohibited Conduct. In using our Service, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Marketplace servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Marketplace grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Marketplace Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) except as otherwise expressly permitted by Marketplace, using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

6. Platform Content and Intellectual Property. It is the policy of Marketplace that all intellectual property rights be respected by all Users at all times. Improper use by any User of another’s intellectual property is prohibited. Upon request, Users will immediately modify or delete any and all materials as requested by Marketplace and failure to do so may result in immediate termination of Service without adjustment of payment amounts in additional to other appropriate remedies. Alternatively, Marketplace may elect to remove any content that appears, in its sole discretion, to be inappropriate, offensive or violate applicable law, including, without limitation the Digital Millennium Copyright Act of 1998.

a.) Marketplace Intellectual Property. “Marketplace”, the Marketplace logo, and any other product or Service name or slogan displayed on our Service are trademarks of Marketplace and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Marketplace or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Marketplace” or any other name, trademark or product or Service name of Marketplace without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the Service mark, trademark and/or trade dress of Marketplace and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Marketplace names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. The Service and its original content (excluding Content provided by Users), including photographic images and audiovisual recordings, features and functionality are and will remain the exclusive property of Marketplace and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Service without the prior written consent of Marketplace. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Marketplace under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Marketplace does not waive any rights to use similar or related ideas previously known to Marketplace, or developed by its employees, or obtained from sources other than you.] Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Marketplace Content. Use of the Marketplace Content for any purpose not expressly permitted by these Terms is strictly prohibited.

b.) Seller’s Seller’s Content. Our Platform and Service allow you to post, link, store, share, advertise, market and otherwise make available certain information, text, graphics, videos, or other material related to vintage automobiles (“Seller Content“). As a Seller, you are fully responsible for the reliability, accuracy, legality and appropriateness of all Seller Content.  By submitting Seller Content, you represent and warrant that (i) you own and/or control any and all rights in and to the Seller Content, and the right to grant all of the rights and licenses in these Terms of Service, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the Seller Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) that the Seller Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Marketplace, you will furnish Marketplace any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the Seller Content and you hereby agree to indemnify and hold Marketplace and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

c.) Monitoring of Seller Content. Marketplace acts as a passive conduit for Seller Content and has no obligation to screen, monitor, verify or correct any Seller Content.

d.) Use of Seller Content. By submitting or posting any Seller Content, you grant to Marketplace and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Seller Content, as well as your name, persona and likeness included in any Seller Content and your social media account handle, Username, real name, profile picture and/or any other information associated with the Seller Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Seller Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Seller Content. Marketplace retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the Seller Content.

e.) Monitoring of Content and Removal of Inappropriate Content. Marketplace has the right, but not the obligation, to monitor and edit all Content provided by Users. Marketplace has the absolute right to remove and/or delete any Seller Content it deems objectionable in its sole discretion, and without notice. You consent to such removal and/or deletion and waive any claim against Marketplace for such removal and/or deletion.

f.) No Storage of Content. Marketplace does not provide storage of User Content. Marketplace is not responsible or liable for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other sites or platforms.

g.) Release of Claims and Liability for Seller Content. Marketplace does not guarantee the truthfulness, accuracy or reliability of any Seller Content or endorse any opinions expressed by you or anyone else. By submitting the Seller Content, you release and discharge the Marketplace Group from any and all claims, demands and damages of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and a Buyer or other User, person or entity, or (ii) the use of the Seller Content, including, without limitation, any and all claims that use of the Seller Content violates any of your intellectual property rights. You acknowledge and agree that Marketplace has no control over, and shall have no liability for any damages resulting from, the use or misuse of any Seller Content.

7. External Sites and Information. Our Service may contain links to third party web sites or Services that are not owned or controlled by Marketplace. Marketplace has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Services. We do not warrant the offerings of any of these entities/individuals or their websites.  Marketplace does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or Services. You acknowledge and agree that Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third party web sites or Services. If you access a third-party website or Service from the Service on or through any third-party website or Service, you do so at your own risk, and you understand that these Terms and Marketplace’ Privacy Policy do not apply to your use of such sites. You expressly relieve Marketplace from any and all liability arising from your use of any third-party website, Service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Marketplace shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or Services that you visit.

8. Disclaimer of Warranties

a.) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

b.) YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH MARKETPLACE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH MARKETPLACE REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

c.) THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING SECTIONS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

d.) Marketplace, and its subsidiaries, affiliates, and its licensors do not warrant that any Platform Content is accurate, reliable or correct. Marketplace does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Service or any hyperlinked website or Service, and Marketplace will not be a party to or in any way monitor any transaction between you and third-party Providers of Products or Services.

e.) We are not responsible for any inadvertent, typographical and other errors that may appear on the Service.  If there is incorrect information given about a vehicle price, availability, description, condition or mileage due to a typographical error, Marketplace is not responsible for such error or its correction.

f.) Federal Law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you.  This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state.  The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

9. Limitation of Liability

a.) IN NO EVENT WILL PETROLICIOUS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS (the “PETROLICIOUS GROUP”) OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

b.) Petrolicious is not a party to any sale or other contract between Buyers and Sellers that may originate on or through use of the Service. You are solely responsible for your interactions with other Marketplace Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Petrolicious shall have no liability for your interactions with other Users, or for any User’s action or inaction.

c.) In no event shall the Petrolicous Group be responsible or liable for losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, regardless of legal theory.

d.) Under no circumstances will Petrolicious be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service.

e.) Marketplace assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) Seller Content or the defamatory, offensive, or illegal conduct of any third party.

f.) In no event shall the Petrolicious Group, or any of them, be liable to you for any losses or costs in an amount exceeding the amount you paid to Petrolicious.

g.) Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above Limitations or exclusions may not apply to you.  This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state.  The disclaimers, exclusions, and Limitations of Liability under this Agreement will not apply to the extent prohibited by applicable law.

h.) The Service is operated from facilities in the United States and is intended for use in the United States. Marketplace makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations.

10. Indemnification. You agree to defend, indemnify and hold harmless Petrolicious, its affiliates, licensors and Service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service or Platform, including, but not limited to, your User Content, any use of the Platform’s content, Services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service or Platform.

11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

a.) Governing Law. You agree that the Service is and shall be deemed based in California only. and the Service is and shall be deemed a passive one that does not give rise to any jurisdiction whatsoever respecting Marketplace in other jurisdictions. This contract and these Terms of Service shall be governed by the laws of the State of California without regard to conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, violation, or misappropriation of a our intellectual property or proprietary rights, including, without limitation, copyrights, trademarks, trade secrets, patents, or other, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

b.) Arbitration. For any dispute with Petrolicous, you agree to first contact us at info@petrolicious.com and attempt to resolve the dispute with us informally. In the unlikely event that Petrolicious has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof by binding arbitration by the American Arbitration Association. The arbitration will be conducted in Los Angeles County, California, unless you and Petrolicious expressly agree in writing otherwise. Each party will be responsible for paying its own costs and fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing herein shall be deemed as preventing Petrolicious from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

c.) Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Marketplace are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

12. Miscellaneous.

a.) Termination.  You may terminate your account simply by discontinuing usage. Petrolicious may terminate, suspend, edit or bar access to your account and all Service without advance notice and without liability for any reason whatsoever or no reason, our sole discretion. If your account is terminated for no reason, we may, in our sole discretion, refund unearned payments. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

b.) Assignment. Your Service and access to our Platform and these Terms or Service, including any and all rights and licenses granted hereunder, are personal to you and may not be transferred or assigned by you.  Your account and all rights therein may be assigned by Petrolicious without restriction. Any attempted transfer or assignment in violation of these provisions shall be null and void.

c.) Exclusions.  Some jurisdictions’ laws do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, or a waiver of jury trial or class actions, so all provisions hereof which would be violate laws of such jurisdictions are to be disregarded in those jurisdictions. Thus, some of the limitations, exclusions and waivers above may not apply to you.

d.) Changes to these Terms of Service.  We reserve the right, at any time and in our sole discretion, to modify, change, amend or update these Terms so you should review this page regularly. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms of Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service or the Platform.

e.) Notification Procedures. Petrolicious may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Petrolicious in our sole discretion. Petrolicious reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Petrolicious is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

f.) Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

g.) Entire Agreement These Terms, together with any amendments and any additional agreements you may enter into with Petrolicious in connection with the Service, shall constitute the entire agreement between you and Marketplace concerning the Service.

h.) No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Marketplace’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

i.) Expiration of Claims. Notwithstanding and other statute of limitations, you agree that any claim or cause of action you may have with respect to Marketplace or the Service must be commenced within one (1) year after the claim or cause of action arose.

13. Contact Us. If you have any questions about these Terms, please contact us at info@petrolicous.com or by sending mail to May Moon Media, LLC dba Petrolicious, 5907 Blackwelder Street, Culver City, CA 90232.