Last Updated: April 24, 2024

Please read these Terms of Service (the “Terms”) and our Privacy Policy  (“Privacy Policy”) carefully because they govern your use of the website located at www.gooddriver.ai (the “Site”), which is an interface to Good Driver Mutuality, a mutuality program accessible via the Site and corresponding mobile application (“App”) offered by Good Driver Mutuality, Inc., a Delaware corporation (“Good Driver”). To make these Terms easier to read, the Site, our services and App are collectively called the “Interface.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GOOD DRIVER THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.

1. Agreement to Terms. By using our Interface, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you are not authorized to use the Interface..
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Interface, for information on how we collect, use and share your information.
3. Changes to these Terms or the Interface. We may update the Terms from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It is important that you review the Terms whenever we update them or you use the Interface. If you continue to use the Interface after we have posted updated Terms, it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Interface anymore. Because our Interface are evolving over time, we may change or discontinue all or any part of the Interface, at any time, and without notice, at our sole discretion.
4. Who May Use the Interface?
   1. Eligibility. You may use the Interface only if you are at least 18 years old, capable of forming a binding contract with Good Driver, have a valid, unrevoked, unsuspended driver license, and not otherwise barred from using the Interface under applicable law. You covenant that your driver’s license will remain valid, unrevoked, and unsuspended during the term of your use of the Interface. You further covenant that you will immediately inform Good Driver if your driver license is revoked or suspended during the term of your use of the Interface.
   2. Compliance. The Interface are only available to users in certain jurisdictions who can use the Interface as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Interface. Without limiting the foregoing, by using the Interface, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Interface outside the United States, you are solely responsible for ensuring that your access and use of the Interface in such country, territory, or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor the locations from which our Interface are accessed. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Interface, in whole or in part, from any geographic location, IP addresses, and unique device identifiers, or to any user who we believe is in breach of these Terms.
   3. Account. For certain features of the Interface, including creating and modifying a Mutuality Plan, as defined below, you will need an user account. This user account will require you to connect a bank account to the Interface. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your user account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
5. About the Interface.
   1. The Interface allows Members to join the Mutuality Program and manage and access their Good Driver mutuality plan (the “Mutuality Plan”). Members may create a Mutuality Plan by pledging a specified amount of US dollar to the Good Driver community. The purpose of the pledge amount is to contribute and disburse the losses sustained by you and other members of the Good Driver community though no promise of indemnity and no risk transfer to Good Driver or other members. For more information about the Mutuality Program, Mutuality Plan and pledge amount, please reference Good Driver Mutuality Program terms and conditions. You are bound by the Good Driver Mutuality Program Terms and Conditions if you enrolled Mutuality Program.
   2. GOOD DRIVER MUTUALITY IS NOT A BROKER, FINANCIAL INSTITUTION, INSURANCE COMPANY, OR CREDITOR. GOOD DRIVER  PROVIDES AN ADMINISTRATIVE PLATFORM ONLY. NEITHER DOES GOOD DRIVER  OWN OR CONTROL THE GOOD DRIVER PROGRAM OR ANY MUTUALITY PLAN.
   3. Good Driver does not act as an agent or custodian for any user of the Interface. You will be required to make or receive payments exclusively through the bank account that you have connected to the Interface through a third party payment processor. We will have no insight into or control over these payments, nor do we have the ability to reverse any payments or transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Interface.
   4. Fees.  You agree to pay any applicable fees, in connection with transactions on the Interface.
   5. Taxes. You are solely responsible for all costs incurred by you in using the Interface, and for determining, collecting, reporting, and paying all applicable Taxes that you may be required by law to collect and remit to any governmental or regulatory agencies. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other charges imposed by any federal, state, multinational or local governmental or regulatory authority. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Interface. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Interface. We reserve the right to report any activity occurring using the Interface to relevant tax authorities as required under applicable law.
   6. Suspension or Termination. We may suspend or terminate your access to the Interface or your account at any time in connection with any transaction as required by applicable law, any governmental authority, or if we, in our sole and reasonable discretion, determine you are violating these Terms or the terms of any third-party service provider, or if we have reason to believe that you have a revoked or suspended driver’s license. Such suspension or termination shall not constitute a breach of these Terms by Good Driver. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, Good Driver may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Interface. Such limitations may include, where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Interface.
6. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Interface (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
7. Rights and Terms for Apps.
   1. App License. If you comply with these Terms, Good Driver grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
   2. Additional Information: Apple App Store. This Section 7(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
8. General Prohibitions and Good Driver’s Enforcement Rights. You agree not to do any of the following:
   1. Use, display, mirror or frame the Interface or any individual element within the Interface, Good Driver’s name, any Good Driver trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Good Driver’s express written consent;
   2. Access, tamper with, or use non-public areas of the Interface, Good Driver’s computer systems, or the technical delivery systems of Good Driver’s providers;
   3. Attempt to probe, scan, or test the vulnerability of any Good Driver system or network or breach any security or authentication measures;
   4. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Good Driver or any of Good Driver’s providers or any other third party (including another user) to protect the Interface;
   5. Attempt to access or search the Interface or download content from the Interface using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Good Driver or other generally available third-party web browsers;
   6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
   7. Use the Interface, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
   8. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Interface to send altered, deceptive, or false source-identifying information;
   9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Interface;
   10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Interface;
   11. Collect or store any personally identifiable information from the Interface from other users of the Interface without their express permission;
   12. Impersonate or misrepresent your affiliation with any person or entity, including submitting the driver’s license of someone who is not you;
   13. Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Interface);
   14. Fabricate in any way any transaction or process related thereto;
   15. Disguise or interfere in any way with the IP address of the computer you are using to access or use the Interface, or that otherwise prevents us from correctly identifying the IP address and geographic location of the computer you are using to access the Interface;
   16. Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity;
   17. Violate any applicable law or regulation; or
   18. Encourage or enable any other individual to do any of the foregoing.Good Driver is not obligated to monitor access to or use of the Interface or to review or edit any Interface content. However, we have the right to do so for the purpose of operating the Interface, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Interface. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. Links to Third Party Websites or Resources. The Interface may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge that you have sole responsibility for, and assume all risk arising from, your use of any third-party resources.
10. Termination. We may suspend or terminate your access to and use of the Interface at our sole discretion, at any time and without notice to you.  You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law. Upon any termination, discontinuation or cancellation of the Interface, the following Sections will survive: 6, 8, 10, 11, 12, 13, 14, 15, 16, and 17.
11. Warranty Disclaimers. THE INTERFACE, ANY CONTENT OR SERVICES CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. GOOD DRIVER (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE INTERFACE (INCLUDING ANY MATERIAL, INFORMATION, OR CONTENT THEREIN): (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS: OR (IV) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. GOOD DRIVER DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE INTERFACE, ANY MATERIAL, INFORMATION, OR CONTENT CONTAINED THEREIN. WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY INTERFACE. NOTHING HEREIN NOR ANY USE OF OUR INTERFACE IN CONNECTION WITH THIRD PARTY INTERFACE CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION, OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY INTERFACE.GOOD DRIVER CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.THE INTERFACE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE INTERFACE AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE OF THE INTERFACE CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
    GOOD DRIVER WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS ORINCORRECTLY CONSTRUCTED TRANSACTIONS; (IV) UNAUTHORIZED ACCESS TO INTERFACE; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
12. Assumption of Risk. You accept, acknowledge, and assume the following risks:
    1. You are solely responsible for determining what, if any, Taxes  apply to your transactions through the Interface. Neither Good Driver  nor any Good Driver  affiliates are responsible for determining the Taxes that apply to such transactions.
    2. There are risks associated with using Internet based digital banks, including but not limited to, the risk of hardware, software, and Internet connection and service issues, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital bank. Good Driver will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when effecting transactions involving supported digital banks, however caused.
    3. The Interface may rely on third-party platforms to perform transactions with respect to any digital assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Interface will suffer.
13. Indemnity. You will indemnify, defend (at Good Driver’s option), and hold Good Driver and its affiliates and their respective officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Interface or (b) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Section without Good Driver’s prior written approval.
14. Limitation of Liability.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT WILL GOOD DRIVER  BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE INTERFACE.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF GOOD DRIVER AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE INTERFACE, EXCEED: (i) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO GOOD DRIVER FOR USE OF THE SERVICES; (ii) OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
    3. THE LIABILITIES LIMITED BY SECTIONS 14.(a). (Exclusion of Consequential Damages) AND 14(b) (Dollar Cap) APPLY TO THE BENEFIT OF GOOD DRIVER’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
    4. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOOD DRIVER  AND YOU. IF APPLICABLE LAW LIMITS THE APPLICATION OF ANY PROVISION LISTED IN THIS SECTION, GOOD DRIVER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
15. Dispute Resolution and Arbitration Agreement.
    
    1. THIS PROVISION CONTAINS AN AGREEMENT THAT AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST GOOD DRIVER, OR CLAIMS GOOD DRIVER MAY HAVE AGAINST YOU, WILL BE RESOLVED. THE FEDERAL ARBITRATION ACT (“FAA”) SHALL GOVERN THIS DISPUTE RESOLUTION AGREEMENT WITHOUT GIVING EFFECT TO ANY STATE LAW TO THE CONTRARY.
    2. Any controversy, claim or dispute of whatever nature arising between you, on the one hand, and Good Driver and/or the Related Parties (as defined in subsection (f) below), on the other, including but not limited to those arising out of or relating to the Good Driver Mutuality Program Terms and Conditions or the breach thereof, the sale, purchase or use of the Good Driver products/services, or the commercial, economic or other relationship of Member and Good Driver and/or the Related Parties (for purposes of this Section, each a “Party”, collectively with You, the “Parties), whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law or otherwise (“Dispute”), and any Dispute as to the arbitrability of a matter under this provision, shall be settled through negotiation, mediation or arbitration, as provided herein.Mass Arbitration Process Requirements.
    3. Negotiation and Mediation. If a Dispute arises, the Parties shall first attempt in good faith to resolve it promptly by negotiation. Any of the Parties involved in the Dispute may initiate negotiation by providing notice (the “Dispute Notice”) to each involved Party setting forth the subject of the Dispute and the relief sought by the Party providing the Dispute Notice and designating a representative who has full authority to negotiate and settle the Dispute. Within ten (10) Business Days after the Dispute Notice is provided, each recipient shall respond to all other known recipients of the Dispute Notice with notice of the recipient’s position on and recommended solution to the Dispute, designating a representative who has full authority to negotiate and settle the Dispute. Within twenty (20) Business Days after the Dispute Notice is provided, the representatives designated by the Parties shall confer either in person at a mutually acceptable time and place or by telephone, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. At any time twenty (20) Business Days or more after the Dispute Notice is provided, but prior to the initiation of arbitration, regardless of whether negotiations are continuing, any Party may submit the Dispute to JAMS for mediation by providing notice of such request to all other concerned Parties and providing such notice and a copy of all relevant Dispute Notices and notices responding thereto to JAMS. In such case, the Parties shall cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in promptly scheduling the mediation proceedings and shall participate in good faith in the mediation either in person at a mutually acceptable time and place or by telephone, in accordance with the then-prevailing JAMS’s mediation procedures and this Section, which shall control.
    4. Arbitration. Any Dispute not resolved in writing by negotiation or mediation shall be subject to and shall be settled exclusively by final, binding arbitration before a single arbitrator or, for Disputes in excess of two million dollars ($2,000,000 USD), a panel of three arbitrators, in Kent County in the State of Delaware in accordance with the then-prevailing Comprehensive Arbitration Rules & Procedures of JAMS. No Party may commence Arbitration with respect to any Dispute unless that Party has pursued negotiation and, if requested, mediation, as provided herein, provided, however, that no Party shall be obligated to continue to participate in negotiation or mediation if the Parties have not resolved the Dispute in writing within sixty (60) Business Days after the Dispute Notice was provided to any Party or such longer period as may be agreed by the Parties. Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as an arbitrator in the case. The Parties understand and agree that if the arbitrator or arbitral panel awards any relief that is inconsistent with the Limitations of Liability provision of these Protocols, such award exceeds the scope of the arbitrator’s or the arbitral panel’s authority, and any Party may seek a review of the award in the exclusive jurisdiction and venue of the courts in Kent County in the State of Delaware.
    5. Waiver of Class Action and Jury Trial. THE NEGOTIATION, MEDIATION OR ARBITRATION OF ANY DISPUTE SHALL BE LIMITED TO INDIVIDUAL RELIEF ONLY AND SHALL NOT INCLUDE CLASS, COLLECTIVE OR REPRESENTATIVE RELIEF. IN ANY ARBITRATION OF A DISPUTE, THE ARBITRATOR OR ARBITRAL PANEL SHALL ONLY HAVE THE POWER TO AWARD INDIVIDUAL RELIEF AND SHALL NOT HAVE THE POWER TO AWARD ANY CLASS, COLLECTIVE OR REPRESENTATIVE RELIEF. THE PARTIES UNDERSTAND AND AGREE THAT EACH IS WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION.
    6. Good Driver’s affiliates, owners, members, managers and employees (“Related Parties”) are intended third-party beneficiaries of the Good Driver Mutuality Program, for purposes of the provisions of those documents referring specifically to them, including this agreement to negotiate, mediate and arbitrate. The Parties acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between you and Good Driver, and the Parties further acknowledge that nothing contained herein shall be argued by either of them to constitute any waiver by the Related Parties of any defense which Related Parties may otherwise have concerning whether they can properly be made a party to any dispute between the other parties.
    7. To the fullest extent allowed by law: (i) the costs of negotiation, mediation and arbitration, including fees and expenses of any mediator, arbitrator, JAMS, or other persons independent of all Parties acting with the consent of the Parties to facilitate settlement, shall be shared in equal measure by you, on the one hand, and Good Driver and any Related Parties involved on the other, except where applicable law requires that Good Driver bear any costs unique to arbitration (which Good Driver shall bear); and (ii) the arbitrator or arbitral panel or, in the case of provisional or equitable relief or to challenge an award that exceeds arbitral authority as described in this Section, the court, shall award reasonable costs and attorneys’ fees to the person or entity that the arbitrator, arbitral panel, or court finds to be the prevailing party; provided, however, that if fees are sought under a statute or rule that sets a different standard for awarding fees or costs, then that statute or rule shall apply.
    8. Nothing in this Terms of Service shall prevent Good Driver from applying for or obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Good Driver interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
    9. Any Party may seek specific performance of this Section, and any Party may seek to compel each other Party to comply with this Section by petition to any court of competent jurisdiction. For purposes of any provisional or equitable relief sought under this Section, the Parties consent to exclusive jurisdiction and venue in the courts in Kent County in the State of Delaware. The pendency of mediation or arbitration shall not preclude a Party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the Parties agree not to defend against any application for provisional relief on the ground that mediation or arbitration is pending.
16. Governing Law and Forum Choice.
    Except as otherwise described herein, these Terms will be construed in accordance with and governed by the laws of the State of Delaware, without regard to its choice of law principles. To the extent any action relating to these Terms or any transaction with Good Driver is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, such action must be brought in the state or federal courts located in the County of Kent, Delaware. You consent and submit to the personal jurisdiction of such courts for the purpose of any such action.
17. General Terms.
    1. Reservation of Rights. Good Driver and its licensors exclusively own all right, title and interest in and to the Interface, including all associated intellectual property rights. You acknowledge that the Interface is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Interface.
    2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Good Driver and you regarding the Interface, and these Terms supersede and replace all prior oral or written understandings or agreements between Good Driver and you regarding the Interface. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Good Driver’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null and void in its entirety. Good Driver may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
    3. Notices. Any notices or other communications provided by Good Driver under these Terms will be given: (i) via email; or (ii) by posting to the Interface. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    4. Waiver of Rights. Good Driver’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Good Driver. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. Contact Information. If you have any questions about these Terms or the Interface, please contact Good Driver at contact@gooddriver.ai.