May Mobility, Inc. Terms of Service
Last Revised: September 28, 2022
You can learn more about MMI at www.maymobility.com and through our mobile application (the “Mobile App”), which is developed, operated and maintained by Via Transportation, Inc. (“Via”). These Terms of Service, the Mobile App, our websites, and all other content, materials, or functions included in them are referred to collectively as the “MMI System.” You can use the MMI System to register an account and to order and pay for your use of our autonomous shuttles (referred to as the “Shuttle” or “Shuttles”), including transportation (along with any ancillary promotions, features, and offerings, the “Transportation Services”). We refer to the MMI System and the Transportation Services as our “Services”. We welcome and appreciate your voluntary feedback on our products and services, which may be submitted via the Mobile App or by emailing us at [email protected], subject to the terms of this Agreement.
The Services are currently limited in their capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the Services’ capacity and our anticipation of demand for the Services and have no discriminatory rationale or intention. We anticipate expanding the Services to a broader geographic area and/or additional hours of operation in the future. Should you have any recommendations for additional times and/or areas of service, please contact us at [email protected].
Please remember, you must wear your seat belt when riding in one of our Shuttles.
Please note that Section 6 contains an arbitration agreement and class action waiver that requires you to resolve all claims you may have against MMI, with some exceptions, in individual binding arbitration. Please read Section 6 carefully.
1. User Accounts.
a. Registering an Account. You may set up a MMI user account (“Account”) at any time by following the instructions provided in the Mobile App. You may not create an Account or use another user’s Account to access the Services if you are not at least 18 years old. Additionally, you may only create one Account for your use. If MMI determines that an Account is a duplicate or additional Account of an individual user, we may take the steps necessary to remove or disable the additional or duplicate Account.
b. Account Information; Payment Method. When you register for your Account, you will be asked to provide some personal information, including a phone number, email address and at least one valid payment method (e.g., a bank-issued credit or debit card or other accepted third-party payment account information) (“Payment Method”). You may add additional accepted Payment Methods to your Account at any time. Make sure the information you provide is accurate, complete, and up-to-date information. You are responsible for ensuring its accuracy and keeping your Payment Method information up-to-date. If your Account information is not accurate, complete, and up-to-date, you may not be able to use our Services.
c. Account Security and Usage. The security of your Account is important to us. Please provide unique account information, and do not allow anyone else to use your Account. If you do allow someone else to access your Account or use any Services ordered under your Account, you will be responsible for such access or use. Furthermore, you will immediately stop using our Services if you have been suspended or terminated from the Service, and you may not create or use another Account in an effort to circumvent such suspension or termination.
2. Use of Transportation Services.
a. General. You are responsible for beginning and ending your ride in accordance with the instructions we provide via the MMI System. You and your Passengers (as defined below) must safely secure all personal property during your ride, and we are not liable for any damage resulting from your or your Passengers’ failure to secure personal property. We are not responsible for any lost, stolen or damaged personal property left in our Shuttles. If you believe that you left behind any personal item, please contact us via the Mobile App or at [email protected]
i. By accepting the Agreement, you consent to receive the Transportation Services and you are responsible for obtaining such consent from any Passengers (defined below) prior to each ride. Passengers under the age of 18 are not permitted in the Shuttle unless expressly authorized by MMI.
ii. When you use the Transportation Services with another person (e.g., ordering a Shuttle to ride with other passengers) or otherwise enable or authorize another person to ride in a Shuttle under your Account (any such person, a “Passenger”), you are responsible for ensuring that such Passengers receive notice of the MMI Privacy Notice and are informed of and comply with the Agreement and these Terms. All rules, requirements, restrictions, limitations, and other obligations under the Agreement, including these Terms, apply to your Passengers as well as to you. You will be responsible for all acts and omissions of you and your Passengers.
iii. If authorized to do so, when you permit someone under the age of 18 to be a Passenger in a Shuttle requested via your Account, you represent and warrant that (a) you have obtained consent from such person’s parent or legal guardian, (b) that you will not allow anyone under the age of 18 to ride without being accompanied by someone over the age of 18, and (c) you will ensure minors are secured in any child safety systems (e.g., child restraint systems, car seats, booster seats, etc.) required by applicable law.
c. Restrictions. Use of the Transportation Services, including Shuttles, is subject to availability. MMI may, in its sole discretion, modify or suspend the areas and service hours in which you may use the Transportation Services.
d. Condition of Shuttle. You must contact us promptly if you or your Passengers discover or cause any damage to the interior or exterior of any of our Shuttles or if you or your Passengers experience any issues before or during your ride. You and your Passengers will leave the Shuttle in the same state of cleanliness and repair that the Shuttle was in when you entered. You will be responsible for paying for all damage to the Shuttle caused by you or your Passengers.
e. Acceptable Conduct. When using the Transportation Service, all obligations and restrictions of the Agreement and these Terms will apply to use of the Transportation Services by you and your Passengers. In addition, while using our Transportation Services you and your Passengers will not tamper with or modify any aspect of our Shuttles.
f. Availability Limitations. The Transportation Services depend upon various external factors and could become inoperable or inaccessible for a period of time with minimal notice.
g. Compliance with Law. When using the Services, you agree to comply with all applicable laws, rules, and regulations.
h. Pricing. Pricing for the Transportation Services depends on various factors such as the location of the ride, the duration of the ride, miles driven, level of demand at a particular time, as well as other promotions and programs offered by MMI from time to time.
3. Additional Terms.
a. Certain Services (or associated promotions, programs, etc.) are subject to additional terms and conditions (“Additional Terms”). Additional Terms may also include supplemental disclosures that may be required in the jurisdictions where MMI operates its Services.
b. To the extent any such Additional Terms conflict with the other terms and conditions of this Agreement, the Additional Terms will govern with respect to the specific applicable Service (or associated promotion, program, etc.).
c. At our sole discretion, we may prohibit your further use of the Services if you fail to comply with any provisions of this Agreement or applicable Additional Terms.
a. Pricing. All prices for our Services are shown in local currency. Additional options for payment may be offered. You may also be required to pay additional amounts in connection with our Services, including cancellation fees, cleaning fees, and fees for damages, as well as applicable taxes, tolls, airport surcharges and other governmental fees. Prices and fees are subject to change by MMI at any time.
b. Payment and Billing. This Agreement authorizes us to charge your Payment Method for all amounts owed in connection with any use of our Services under your Account. To make this possible, you also authorize us to update information regarding your Payment Method as provided by our payment processor, your issuing bank, or the applicable payment network.
5. Your Information.
a. MMI Data Privacy Notice. Our Privacy Notice explains how we collect and use your personal information. During your use of our Services, MMI may make video recordings of you and other Passengers. You expressly consent to this data recording as well as May’s processing of your personal information as set forth in its Privacy Notice. If you are authorized and proceed to make use of our Services to travel with your minor children in one of our Shuttles, you expressly consent on behalf of your minor children to video recordings of your minor children during the use of the Services. Such recordings will only be used in accordance with our Privacy Notice.
b. Feedback. You may send questions, survey responses, comments, suggestions, ideas, or other feedback related to MMI or our Services (collectively, “Feedback”). You understand that your submissions are voluntary, and we may use your Feedback without any restriction or obligation to compensate you or keep the Feedback confidential. You represent and warrant that any Feedback you submit (and that MMI may use) is not confidential, proprietary, or subject to the rights of any third party (including contractual, intellectual property, or privacy rights). If you choose to provide Feedback, such submitted Feedback will automatically become the property of MMI.
c. Communications. To contact you regarding your ride, we request that you link phone numbers to your Account. Once you do so, you agree that we may use those phone numbers to contact you by telephone or text messages for operational purposes and for customer service. You give your express consent to such contacts. You represent and warrant that you are the owner of any phone number you provide. You may not provide a phone number that you do not own. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt out of text messages, please contact us at (734) 369-8874. Please note that if you opt-out of text messages for operational and customer service purposes, our Services may become unavailable.
6. Dispute Resolution and Arbitration.
a. Customer Service. If you have any compliments, questions, concerns or complaints regarding our Services, or if you incur any loss, damage or injury related to our Services, please contact MMI via the Mobile App or at [email protected]
b. Arbitration Agreement. In the event we are not able to resolve your concerns informally, either party may initiate a binding arbitration proceeding administered by Judicial Arbitration Mediation Services (JAMS). You and MMI each agree to notify the other party of the dispute in writing at least 30 days prior to initiating an arbitration. You must send your notice of dispute to MMI by email to [email protected] If MMI initiates arbitration, MMI will send its notice of dispute by email to the address on your Account. Your notice of dispute must include: (i) your name, Account information, and preferred contact information, and (ii) a brief description of the events leading to your dissatisfaction or loss, and (iii) your request to resolve the claim. Following receipt of notification, the parties will attempt in good faith to negotiate an informal resolution. If the parties are unable to resolve the dispute within 30 days, either party may commence arbitration by filing a written Demand for Arbitration (available atwww.jamsadr.com).
c. Arbitration Administration. The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules & Procedures (https://www.jamsadr.com/rules-comprehensive-arbitration/) or its Streamlined Arbitration Rules & Procedures (https://www.jamsadr.com/rules-streamlined-arbitration/), generally depending on the value of the dispute, and as amended by this Agreement. The JAMS rules will govern payment of all arbitration fees except as set forth in this Agreement. If you initiate arbitration, you will be responsible for up to $100 in arbitration filing fees and MMI will pay arbitration filing fees in excess of $100. MMI will pay the filing fees for any arbitration it initiates. MMI will only seek reasonable attorneys’ fees and costs in arbitration if your claims are objectively baseless, duplicative, or brought to harass MMI. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. The arbitrator will have the authority under this contract to conduct in-person appearances only in Ann Arbor, Michigan, or at the nearest available JAMS location to your use of the Services if the dispute relates to your use of the Services. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator may award any individualized remedies that would be available in court, including temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
d. Binding Individual Arbitration. YOU AND MMI MUTUALLY AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION. Except for disputes described in Section 6(f) of this Agreement, all disputes arising out of or relating to this Agreement or our Services or any aspect of the relationship between you and MMI, whether based in contract, tort (including negligence), statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. YOU AGREE THAT MMI AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. The validity, enforceability, revocation, interpretation, or application of this arbitration provision will be decided by an arbitrator and not by a court or judge.
e. Class Action Waiver. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class or collective action.
f. Exclusions and Limitations. This arbitration agreement shall not require arbitration of the following types of claims brought on an individual basis: (1) disputes or claims that may be brought in small claims court; (2) claims of sexual assault or sexual harassment occurring in connection with your use of the Services; (3) disputes or claims that arise from actual or threatened infringement, misappropriation, or other violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and/or (4) claims arising from loss of life. Furthermore, this arbitration agreement does not prevent either party from seeking emergency injunctive relief from any court of competent jurisdiction as necessary to prevent imminent harm or to otherwise address exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack, security threats, data breach, confidentiality breach, infringement or misappropriation of intellectual property, etc.).
g. California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
7. License Grant and MMI’s Rights.
a. Limited License. By virtue of this Agreement you receive a license to use the MMI System in the manner authorized by the Agreement. The license entitles you to install a copy of our Mobile App on personal devices that you own or control for your own non-commercial use. It grants no other right or license, and cannot be transferred or sublicensed. It is non-exclusive and it is fully revocable by MMI. Failure to comply with any terms or conditions of this Agreement may result in the license and all related rights of access being terminated. Any use of our Services other than as expressly authorized in this Agreement is unlicensed and strictly prohibited.
b. Reservation of Rights. The MMI System and all intellectual property including trademarks, trade names, service marks, logos, and trade dress that we use in connection with our Services are owned by or licensed to MMI and are protected under both United States and foreign laws. All trademarks, trade names, service marks, logos, and trade dress used in connection with our Services that are not owned by us are the property of their respective owners. Except for the limited license expressly granted to users under this Agreement, MMI and our licensors reserve all rights in and to all of the foregoing. You must not use any of our trademarks, trade names, service marks, logos, or trade dress in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
c. Prohibited Activities. In addition to any other restrictions and limitations set forth in this Agreement, you will not: (i) use our Services in any manner that would violate this Agreement or any applicable law, contract, intellectual property right, privacy right, or other third-party right. Furthermore, you will not engage in any action that is intended to: (i) systematically collect information about our Services or users, or obtain information about our Services or users, including competitively sensitive information, proprietary information, or other types of non-public information; (ii) damage, disable, disrupt, or interfere with the operation or use of the Services; (iii) copy, distribute, create derivative works of, or display any software used in connection with the Services; (iv) attempt to circumvent any employed protections to secure or limit access to our Services or attempt to access, manipulate or collect data from any feature, component, or equipment of our Services; (v) develop or use any application that interacts with the Services without MMI’s express written consent; (vi) reverse engineer, decompile, decipher or otherwise disassemble any aspect of our Services; or (vii) use the Services for a commercial purpose or use the Services other than for their intended purpose.
a. You will indemnify, defend, and hold harmless MMI and its affiliates, and any representatives, shareholders, employees, agents, contractors, insurance carriers, predecessors and successors in interest, officers and directors of MMI or its affiliates (individually and collectively, the “MMI Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, judgments, awards, expenses or costs arising out of or relating to (a) your use of our Services in any manner other than as permitted under this Agreement, or your violation of this Agreement; (b) your negligence, recklessness, or willful misconduct; or (c) any acts or omissions of, or any claims brought by, any other person who you allow to use or access our Services under your Account, including any Passenger that you invite or authorize to ride in a Shuttle. The MMI Indemnified Parties will have the exclusive right to control the defense or settlement of any third-party claims subject to this section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MMI or the other MMI Indemnified Parties.
b. You will not, however, be required to indemnify the MMI Indemnified Parties for any bodily injury or property damage to the extent caused by our gross negligence, recklessness, or willful misconduct in providing our Services.
9. Disclaimer of Warranties; Limitation of Liability.
a. Disclaimer of Warranties. You use the Services at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
i. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MMI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
ii. THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED;
iii. THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
iv. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. MMI MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. Limitation of Liability. MMI is not liable for anything that happens to you in connection with your use of the Services. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
i. THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF MMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. MMI AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER.
ii. MMI MAY INTRODUCE YOU TO THIRD-PARTY SERVICE PROVIDERS, BUT MMI DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY SERVICE PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE MMI FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. YOU ACKNOWLEDGE THAT MMI DOES NOT MONITOR ANY THIRD-PARTY SERVICE PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL APPLICABLE LAW AND REGULATIONS, AND MMI WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY SERVICE PROVIDER’S FAILURE TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION. MMI WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SERVICES RESTS SOLELY WITH YOU. MMI WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE MMI FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICES.
iii. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
iv. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF MMI CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
v. THE MAXIMUM AGGREGATE LIABILITY OF THE MMI INDEMNIFIED PARTIES UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH OUR SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION FOR PERSONAL PROPERTY BROUGHT INTO THE SHUTTLE SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,000).
vi. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 ALSO APPLY TO CLAIMS BETWEEN YOU AND ANY MMI INDEMNIFIED PARTIES, AND SUCH MMI INDEMNIFIED PARTIES SHALL BE CONSIDERED INTENDED THIRD-PARTY BENEFICIARIES WITH RESPECT TO THIS SECTION 9.
10. Governing Law and Venue.
a. Governing Law. This Agreement will be governed by, and construed and enforced in accordance with, the laws of Michigan, without regard to conflict of law rules or principles (whether of Michigan or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
b. Venue. If it is determined pursuant to this Agreement, that a dispute between the parties is not subject to arbitration as set forth in Section 6 (and such dispute cannot be heard in small claims court), then such dispute will be resolved exclusively in the state or federal courts of Michigan and the United States, respectively, sitting in Wayne or Washtenaw County in the State of Michigan, and the parties hereby submit to the jurisdiction of such courts for such purpose. For clarity, the preceding sentence does not prevent either party from seeking emergency injunctive relief from any court of competent jurisdiction as set forth in Section 6(f) above.
11. Modification and Termination.
a. MMI may, without notice and in our sole discretion, terminate this Agreement and/or your ability to access or use our Services; assign different priority to certain requests for Services; and modify, suspend or discontinue all or a part of our Services for any reason at any time. The following provisions of this Agreement will survive and continue in effect notwithstanding any such termination: Sections 2, 3, 5, 6, 7(c), 8 8, 9, 10, 11 and 12.
b. We may make changes to this Agreement and any Additional Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the MMI System, or posting the amended Agreement or Additional Terms on the MMI System and updating the “Last Updated” date above. Unless otherwise stated in our notice and except for the arbitration agreement of Section 6, the amended Agreement or Additional Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement or Additional Terms incorporating such changes, or otherwise notified you of such changes. If you do not agree to the amended Agreement or Additional Terms, you must stop accessing and using our Services.
a. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be deemed to be removed from this Agreement and the remaining provisions will still apply.
b. Entire Agreement. This Agreement (including all Additional Terms) constitutes the entire agreement between you and MMI relating to your access to and use of our Services, and supersedes any prior agreements between MMI and you with respect to such subject matter.
c. Waiver. The waiver by either party of a breach of this Agreement will not be effective unless in writing. The failure by either Party to enforce any provisions of this Agreement will not constitute a waiver of the right to subsequently enforce that provision.
d. Interpretation. The section titles in this Agreement are for convenience only and have no legal or contractual effect. References to “including” or “include” will be deemed to mean “including without limitation.”
13. iOS Users.
This Section 13 applies to any version of the MMI System that you acquire from the Apple App Store. This Agreement is entered into between you and MMI. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Mobile App. Apple is not responsible for the MMI App, the MMI App’s maintenance and support services, and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple, as a third party beneficiary, shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. As between MMI and Apple, MMI is responsible for addressing any claims relating to your use of the Mobile App, including product liability claims, claims that the Mobile App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. In the event of a third-party claim that the Mobile App infringes a third party’s intellectual property rights, as between MMI and Apple, MMI will be responsible for the investigation, defense, settlement, and discharge of any such claim. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement (available here https://www.apple.com/legal/internet-services/itunes/dev/minterms/), for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
14. Contact Information.
You can send any feedback, comments, requests for technical support, and other communications relating to the Services to MMI.
By mail: 650 Avis Dr., Ann Arbor, MI 48108
By telephone: (734) 369-8874
By e-mail: [email protected]