Terms and Conditions

 Terms and Conditions Beep Roadside Assistance Effective Date: January 1, 2022 Please read these Terms and Conditions and the Privacy Policy before browsing, Please read these Terms and Conditions and the Privacy Policy before browsing, downloading, installing, or using the Beep Application. downloading, installing, or using the Beep Application. Your download or use of the Beep Your download or use of the Beep Application shall be deemed conclusively as your acceptance of these Terms and Application shall be deemed conclusively as your acceptance of these Terms and Conditions and the Privacy Policy. Conditions and the Privacy Policy. THE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE THAT REQUIRES MOST THE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE THE SECTION TITLED “ARBITRATION AGREEMENT” BELOW FOR INSTEAD OF IN COURT. SEE THE SECTION TITLED “ARBITRATION AGREEMENT” BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE. MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE. These terms and conditions, together with the privacy policy ( https://beeproadside.com/privacy-policy ) (collectively, the "Agreement"), constitute a legal agreement between Drive Dealer Services, llc., a Ohio corporation, doing business as Beep Roadside Assistance (the "Company"), and you (“you”, “your” or “User”) with respect to your use of the Beep Roadside Assistance website and/or web application (“Website”), and mobile applications (“Mobile Application”), software and related online platform (collectively, the “Beep Application” or “Application”), for accessing the Roadside Assistance Services (de[ned below). By using the Beep Application, including but not limited to, visiting or browsing the Website or installing or downloading the Mobile Application, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to the Agreement as published from time to time on the Application. IF YOU DO NOT AGREE IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT DOWNLOAD, INSTALL, TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT DOWNLOAD, INSTALL, BROWSE, USE, OR REGISTER TO USE THE BEEP APPLICATION. BROWSE, USE, OR REGISTER TO USE THE Beep APPLICATION. The Company reserves the right to modify the terms and conditions of the Agreement or its policies relating to the Application at any time, effective upon posting an updated version of the Agreement on the Application. You are responsible for regularly reviewing the Agreement. Continued use of the Application after any such changes shall constitute your consent to such changes. The Mobile Application is provided by us and made available to you, through a third party mobile application distribution site (“App Distribution Site”) for accessing the Roadside Assistance Services. The Agreement is between you and the Company only, and not any third party smartphone, tablet, computer or other electronic mobile device (collectively, “Device”) manufacturer or application distribution (“Vendor”).  The Company, not Vendor, is solely responsible for the Mobile Application and its content. Although Vendor is not a party to the Agreement, Vendor is a third party bene[ciary of the Agreement, and therefore, has the right (and shall be deemed to have accepted the right) to enforce the Agreement against you. Beep Application Overview Beep Application Overview   Page 1 of 11 The Beep Application offers a platform for you to submit a request for emergency tow and/or roadside assistance services (“Roadside Assistance Services”), 24/7 in connection with a vehicle disablement event (“Help Request”). Upon receipt of the Help Request, the Company will offer the requested Roadside Assistance Services to one or more third party independent contractors (“Independent Service Provider” or “ISP”) from a national network of independent service providers on your behalf. The Company will collect from you the payment for the requested Roadside Assistance Services, and will arrange the payment of the ISP on your behalf. Please make sure that either you or someone on your behalf is with your disabled vehicle Please make sure that either you or someone on your behalf is with your disabled vehicle when the Independent Service Provider arrives. Vehicles that are left unattended at the when the Independent Service Provider arrives. Vehicles that are left unattended at the disablement site are likely to not receive the requested service, and you may still be disablement site are likely to not receive the requested service, and you may still be charged for the ISP showing up to provide your requested services. charged for the ISP showing up to provide your requested services. The following Roadside Assistance Services may be accessed through the Blink Application: · Towing: available for light duty passenger cars and pickup trucks, that are located at publicly accessible street, highway, garage or parking area. · Winching: available for up to [fteen feet from a paved publicly accessible area.  · Tire Change: available with your good spare tire.  · Fuel: available for up to two gallons of regular gasoline, or if requested, diesel fuel. · Jump Start: available for standard battery charges. · Lock-Out: available for accessing typical light duty passenger vehicles (lock repairs and creating duplicated keys are not included).  Roadside Assistance Services are made available using the Application throughout the United States of America (including the District of Columbia and Puerto Rico, but excluding other territories and possessions) and Canada.  Your phone calls made in connection with your requested Roadside Assistance Services Your phone calls made in connection with your requested Roadside Assistance Services may be recorded and/or monitored. By submitting a Help Request, you are consenting to may be recorded and/or monitored. By submitting a Help Request, you are consenting to the recording and/or monitoring of these telephone calls by the Company and any ISP that the recording and/or monitoring of these telephone calls by the Company and any ISP that has accepted the Help Request. has accepted the Help Request.  In the event of an emergency requiring 9-1-1 assistance, you may request emergency assistance by pressing the “Call for Emergency Help” Call for Emergency Help” button within the Application, which will initiate a native 9-1-1 emergency assistance call. DO NOT PRESS THE CALL FOR EMERGENCY HELP BUTTON IF YOU DO NOT PRESS THE CALL FOR EMERGENCY HELP BUTTON IF YOU DO NOT INTEND TO DIAL 9-1-1. DO NOT INTEND TO DIAL 9-1-1. Representations and Warranties Representations and Warranties By using the Application, you agree to comply with the terms and conditions of the Agreement, including providing information that can be relied upon by the Company, such as your name, email address, telephone number, vehicle information (make, model, year, color), location information, and credit card or  Page 2 of 11 financial account payment information.  By using the Application, you agree that: You will not use the Application to cause nuisance, annoyance or inconvenience. You will only use the Application for lawful purposes; you will not use the Application for sending or storing any unlawful material or for fraudulent purposes. The Company may verify the information you have provided and refuse your use of the Application without providing reason to you. You will not impair the proper operation of the network, platform or Application. You will use the Application solely for your own personal use and not for commercial purposes, and will not resell any of the services accessed through the use of the Application to a third party. You will use the Mobile Application only on Vendor Devices that are currently running on an authorized version of the operating software for such Device; and as permitted by, and in accordance with, the usage rules set forth in the terms and conditions made available in the App Distribution Site. You will not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Application for commercial purposes. You will not upload, post, publish, transmit reproduce or distribute in any way, information, software or other material obtained through the Application which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the respective owner thereof, or which otherwise violates or infringes the rights of others, including, without limitation, patent, trademark, copyright, or other proprietary rights. You are legally authorized to make payments from the debit or credit card account provided through the payment tool in the Application; and there are sufcient funds or credit available to complete a payment using the debit or credit card account submitted. The Company reserves the right to immediately terminate the Agreement and your use of the Application should you not comply with any terms of the Agreement. Intellectual Property Rights; License Grant and Restrictions Intellectual Property Rights; License Grant and Restrictions The Company (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application. The Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application are trademarks of an afliate of the Company or third parties, and no right or license is granted to use, copy, modify, or distribute them.  Licenses Granted by the Company Licenses Granted by the Company Subject to your compliance with the terms and conditions of the Agreement, the Company hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Application, solely for your personal and non-commercial purposes to access the Roadside Assistance Services on your Device. You have no right to sublicense these license rights. All rights not expressly  Page 3 of 11 granted to you are reserved by the Company, its afliates and its licensors.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Agreement. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) create Internet "links" to the Application or "frame" or "mirror" the web application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the web application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, [les, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; or (v) attempt to gain unauthorized access to the Application or its related systems or networks. You are advised that the Company will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, injunctive relief or other equitable remedies. Except for the limited permission in the preceding paragraph, no express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights are granted by the Agreement. License Granted by User License Granted by User Materials that you submit to us, including any feedback, data, questions, comments, suggestions, in any form or media, which may be submitted via the Application, telephone, text messaging, email, regular mail, or otherwise (collectively, “User Content”), may be treated by the Company as non-con[dential and non-proprietary to you. By submitting the User Content, you grant the Company a worldwide, irrevocable, perpetual, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. Payment Terms Payment Terms Use of the Beep Application is free of charge for Users. You will be charged on the credit card account submitted through the payment tool in the Application for the Roadside Assistance Service(s) that are provided or are attempted to be provided by the ISPs, at the rates identi[ed in the Application at the time  Page 4 of 11 of the request for Roadside Assistance Service(s). These amounts will be collected by the Company. The Company reserves the right to introduce new or additional fees for the use of the Beep Application or to change the current fees charged for Roadside Assistance Services at any time in the future. Any fees that the Company may charge you for Roadside Assistance Service(s) performed or attempted to be performed by the ISP, are due immediately and are non-refundable, subject to applicable law. Company uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Application. The processing of payments or credits, as applicable, in connection with your use of the Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer, in addition to the terms of the Agreement. The Company is not responsible for any errors by the Payment Processor. In connection with your use of the Application, the Company will obtain certain transaction details, which shall be maintained in accordance with the Company’s Privacy Policy. All payments, charges, credits, as applicable, in connection with your use of the Application may appear on your credit card statement as “Beep Roadside”. Beep Roadside”. A receipt of the charges for Roadside Assistance Services rendered will be emailed to your email account provided in the Application. Upon receipt of a Help Request, Company will place an immediate payment authorization to your credit card account in the amount quoted for such Roadside Assistance Service. The ultimate charge to your credit card account will be for the cost of the actual Roadside Assistance Service(s) performed (in the case of a tow, the ultimate amount charged for such tow will be based on the actual distance of the towto destination, which may differ from the amount quoted in the tow calculator provided in the Application). The tow calculator provided in the Application is intended to assist you with the calculation of the cost of a tow to a determined destination based on the number of miles from your disablement location to the tow destination selected. To the extent (i) your requested tow destination changes, thereby changing the number of miles for the tow, (ii) the description of the Roadside Assistance Services needed and/or conditions impacting your vehicle are incomplete or inaccurate, and/or (iii) the Roadside Assistance Services required are more extensive than your description indicated, the price quote provided through the Beep Application (including the price quote provided through the tow calculator) shall not be binding, and you are responsible for paying for any additional services needed and/or requested. (For example, if you submit a Help Request for a battery jump start and the ISP attempts a jump start, but your vehicle will not start, and as a result you require a tow, you will be charged for both the cost of the jump start and the tow requested.). You may cancel your Help Request at no cost to you, provided that no Roadside Assistance Services have been performed or attempted to be performed by the Independent Service Provider. Please make sure to cancel your request for services as soon possible if you decide that you no longer need service. to cancel your request for services as soon possible if you decide that you no longer need the assistance.  In the event that you have not canceled on a timely basis, or the ISP arrives at the disablement location and your vehicle has been left unattended, or the ISP is unable to provide services because your vehicle is not present at the disablement location that you provided, you will be charged the full amount for the requested service. SMS Text Messaging SMS Text Messaging  Page 5 of 11 If you elect to use SMS text messaging as your preferred method of receiving communications from the Company, you (i) acknowledge that standard messaging and data charges will apply, (ii) represent that the mobile number is your own mobile telephone number; (iii) consent to the Company’s use of this number for sending communications to you via SMS text messaging (including communications sent by automated equipment), including, without limitation, text messages to provide you with information related to your Help Request, such as the name and phone number of the Independent Service Provider and the estimated time of arrival at your location; updates to you on the service requested; next day con[rmation and follow-up to ensure you were satis[ed (which may include a satisfaction survey); and (iv) acknowledge that your consent to the foregoing is not a condition to purchase the Roadside Assistance Services. The Company reserves the right to cancel the noti[cation service at any time; you may cancel (opt-out) of the SMS text messaging noti[cation service by replying to a Beep Application text message with a text message containing the word STOP. Third Party Services Third Party Services Use of the Application requires involvement of hardware, software, services, and applications that were not developed by the Company and that are not under the control of the Company, such as your mobile phone, computer, laptop, tablet or other electronic device (“Device”), the network provided by your internet service provider or the mobile network provided by your wireless service provider, your Device’s operating system, browser, email and SMS programs, dialer and other applications. The Company cannot assure you that such third-party hardware, software, services and applications will function correctly with the Application and expressly denies any liability related to the involvement and interaction with such thirdparty hardware, software, services and applications. You must comply with all third-party terms of agreement when using the Application. Fees, Costs and Other Expenses Fees, Costs and Other Expenses Use of the Application requires the use of a data network operated by your wireless service provider and/or internet service provider to send both data and recorded audio from your Device to the Company, and to send information back to you. You are responsible for your own connectivity to the Application (including, without limitation, via mobile connection, internet access and other communications and connectivity), at your own cost and expense. Depending on your method of access and/or data plan, you may incur charges from your wireless and/or internet service provider(s) for use of their network and/or for speci[c services such as making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs you incur as a result of your usage of the Application. Page 6 of 11 Indemni[cation Indemni[cation By entering into the Agreement and using the Application, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, afliates, ofcers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of the Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of Roadside Assistance Services arranged via the Application, or (c) your use or misuse of the Application. Disclaimer of Warranties Disclaimer of Warranties THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. The information, recommendations and/or services provided to you on or through the Application is for general informational purposes only and does not constitute advice. The Company does not guarantee continuous, uninterrupted access to the Application. Although the Company attempts to maintain the integrity and accuracy of the information accessible through the Application, we make no guarantees as to its correctness, completeness, or accuracy. The Company cannot and does not guarantee that (the contents of) the Application are free of errors, defects, malware and viruses. Internet Delays Internet Delays THE COMPANY'S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. Page 7 of 11 Limitation of Liability Limitation of Liability IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY, ITS AFFILIATES, AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY INDEPENDENT SERVICE PROVIDER, EVEN IF THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Notwithstanding the foregoing disclaimers and limitations of liability, to the extent the Notwithstanding the foregoing disclaimers and limitations of liability, to the extent the Company is required to provide indemni[cation by applicable law, the Company, not Vendor, Company is required to provide indemni[cation by applicable law, the Company, not Vendor,  shall be responsible for the investigation, defense, settlement and discharge of any claim . that the Application or your use of it infringes any third party intellectual property right.  Additionally, the Company, not Vendor, is responsible for addressing any claims by you Additionally, the Company, not Vendor, is responsible for addressing any claims by you relating to the Application or use of it, including, but not limited to: (i) any product liability relating to the Application or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Application fails to conform to any applicable legal or claim; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in the Agreement shall be deemed an admission that you may have legislation. Nothing in the Agreement shall be deemed an admission that you may have any such claim. any such claim. Notice Notice The Company may give notice by means of a general notice on the Application (which may include posting on the Website), electronic mail to your email address or SMS text message to your mobile phone number provided by you through the Application and on record in the Company’s account information, or by written communication sent by [rst class mail or pre-paid post to your address provided by you through the Application and on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by [rst class mail or pre-paid post) or 12 hours after sending (if sent by email or SMS text message). You may give notice to the Company at any time by writing only (such notice shall be deemed given when received by the Company), addressed to: Beep Roadside Assistance, 27629 Chagrin Blvd. Beachwood, OH 44122, Attention: General Counsel. Assignment Assignment  Page 8 of 11 The Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Export Export Control Control You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or reexported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. U.S. Legal Compliance U.S. Legal Compliance 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. Governing Law Governing Law Except as expressly provided otherwise, the Agreement will be governed by, and will be construed under, the laws of the Commonwealth of Massachusetts, without regard to choice of law principals. Arbitration Agreement Arbitration Agreement You and the Company agree that any dispute, claim or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application (collectively, ““Disputes””) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and the Company are each waiving the right to a trial You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. representative proceeding. Further, unless both you and the Company otherwise agree in Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. otherwise preside over any form of any class or representative proceeding. If this speci[c paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the Agreement. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (the “Association”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Arbitration Rules”) then in effect, except as modi[ed by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation  Page 9 of 11 and enforcement of this Section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as speci[ed in the Arbitration Rules. The arbitration will be conducted by a single arbitrator, who is knowledgeable in consumer disputes, is either a retired judge or an attorney licensed to practice law and who will be selected by the mutual agreement of the parties from the Association’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the Association will appoint the arbitrator in accordance with the Arbitration Rules. Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. Arbitrator’s Decision. The arbitrator will render an award within the time frame speci[ed in the Arbitration Rules. The arbitrator’s decision will include the essential [ndings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conmict with the terms of the Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Fees. Your responsibility to pay any [ling, administrative and arbitrator fees will be solely as set forth in the Arbitration Rules. Each party shall bear its own costs and expenses, and only the prevailing party shall be entitled to an award of reasonable attorney’s fees. Changes. Notwithstanding the provisions of the modi[cation-related provisions above, if the Company changes this “Dispute Resolution” section after the date you [rst accepted the Agreement (or accepted any subsequent changes to the Agreement), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of the Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this “Dispute Resolution” section as of the date you [rst accepted the Agreement (or accepted any subsequent changes to the Agreement). Termination Termination The Company is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the Application). The Company is not obligated to give notice of the termination of the Agreement in advance.  General General · No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Agreement or use of the Application.  Page 10 of 11 · If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. · The failure of the Company to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. · The Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. **Questions or Comments **Should you have any questions, comments, complaints or claims relating to the Application or the Agreement, please contact us at Beep Roadside Assistance, 27629 Chagrin Blvd. Beachwood, OH 44122, Attention: Legal/Consumer Privacy Inquiries Mailbox (Beep Roadside); or by email at consumerprivacyinquiries@beeproadside.com. Please be sure to provide sufcient detail so that we may appropriately respond to your question or concern.  Beep and the Beep logo are trademarks of Beep roadside, LLC., Inc. doing business as Beep Roadside Assistance, powered by beep. 

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