These TERMS OF SERVICE (“Terms”) are a binding agreement between Tego Systems, Inc, a corporation formed under the laws of the State of Texas (“Tego”) and each user of the Tego apps, services, features, software, or website (the “Tego Platform”). All users are required to review and be bound by these Terms in order to participate on the Tego Platform. You agree to these Terms by installing, accessing, or using the Tego Platform. If you disagree with any portion of thESE TERMS, you cannot participate as a USER of the Tego platform. PLEASE CAREFULLY REVIEW THESE TERMS BECAUSE THEY IMPACT YOUR RIGHTS, RELIEF, AND LIABILITY.
a. Tego is an online marketplace where individuals who make use of the Tego Platform (“Registered Users”) can connect with each other and arrange transportation for pick up and drop off specific destinations, or engage in any other activities that may be provided by the Tego Platform from time to time (collectively the “Services”). Registered Users consist of persons seeking transportation services (the “Riders”), and persons offering transportation services (“Drivers”).
b. As the provider of the Tego Platform, Tego is not acting as an agent in any capacity for any Registered User.
c. Tego is not a provider of transportation, nor is Tego a transportation carrier, common carrier, or public carrier. Tego has no control over the quality or safety of the transportation that may occur as a result of the Services. Tego also has no control over and does not guarantee the existence, quality, safety, suitability, or accuracy of any messages, content sent or received through the Tego Platform. You should always exercise due diligence and care when deciding whether to communicate and interact with other Registered Users, whether online or in person.
d. If you choose to use the Tego Platform, your relationship with Tego is limited to being an independent third-party user, and not an employee, agent, joint venturer, or partner of Tego for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Tego.
e. The Tego Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Tego is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Tego of such Third-Party Services.
f. Due to the nature of the Internet, Tego cannot guarantee the continuous and uninterrupted availability and accessibility of the Tego Platform. Tego may restrict the availability of the Tego Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Tego Platform. Tego may, at its sole discretion, improve, enhance, and modify the Tego Platform and introduce new Services from time to time.
g. Any location data provided on the Tego Platform is for basic location purposes only and should not be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. Tego does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Tego Platform.
II. Fees. Tego may charge for the Services by collecting fees for any transactions made using the Tego Platform (“Fees”), payable by the purchaser. Information related to the current Fees associated with the Service will be available on the Tego Platform and may change from time to time. Fees include fares for the ride, based on distance and duration of the ride, and other applicable charges, tolls, surcharges, tips, and taxes. Please note there may be a minimum fare associated with rides, despite a shorter duration and/or distance
a. You must be at least 18 years old to access and use the Tego Platform. By accessing or using the Tego Platform, you represent and warrant that you are 18 or older.
b. Tego may make access to and use of the Tego Platform, or certain areas or features of the Tego Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or transaction, messaging, communication, or response history.
<c. User verification on the Internet is difficult and Tego does not assume any responsibility for the confirmation of any Registered User’s identity.
Tego reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to the Terms, we may do so without prior notice by posting the revised terms on the Tego Platform and updating the “Last Updated” date at the top of them. If you disagree with the revised Terms, you must terminate your participation in the Tego Platform with immediate effect by deleting your account and ceasing all use of the Tego Services. If you do not terminate your use before the date the revised Terms become effective, your continued access to or use of the Tego Platform will constitute acceptance of the revised Terms.
a. You must register an account ("Tego Account") to access and use certain features of the Tego Platform. If you are registering an Tego Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
b. You can register Tego Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Tego Account and your SNS Account at any time through your Account Settings.
c. You may be asked to provide additional information during the registration process for your Tego Account including, but not limited to, your name, location, age, DOB, bank info. Debit card info. Vehicle info. (License plate number, vehicle registration insurance, Driver”s license email address, mobile number etc.
d. You must provide accurate, current and complete information during the registration process and keep your Tego Account and profile page information up-to-date at all times.
e. You cannot register more than one Tego Account unless Tego authorizes you to do so in writing. You may not assign or otherwise transfer your Tego Account to another party.
f. You are responsible for maintaining the confidentiality and security of your Tego Account credentials and may not disclose your credentials to any third party. You must immediately notify Tego if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Tego Account. You are liable for any and all activities conducted through your Tego Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
g. You must provide certain devices, software, and data connections to use the Tego Services, which we otherwise do not supply. Tego is not responsible, nor liable, directly or indirectly, for any download, installation, use, transmission failure, interruption, or delay of the Tego Services or the Tego Platform, or any third party content, services, or advertisements due to data, connectivity, or other internet issues due to such devices, software, and data connections. Tego is likewise not responsible , nor liable, directly or indirectly, for any data charges or service fees associated with such devices, software, and data connections.
a. Tego may, at its sole discretion, enable Registered Users to: (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Tego Platform ("Registered User Content"); and (ii) access and view Registered User Content and any content that Tego itself makes available on or through the Tego Platform, including proprietary Tego content and any content licensed or authorized for use by or through Tego from a third party ("Tego Content" and together with Registered User Content, "Collective Content").
b. Tego is not responsible for any Registered User Content on the Tego Platform. Registered User Content is uploaded by Registered Users at their own risk and Registered Users must ensure their postings and messages comply with these Terms.
c. The Tego Platform, Tego Content, and Registered User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Tego Platform and Tego Content, including all associated intellectual property rights, are the exclusive property of Tego and/or its licensors or authorizing third-parties. You will not remove, alter, reproduce, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Tego Platform, Tego Content or Registered User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Tego used on or in connection with the Tego Platform and Tego Content are trademarks or registered trademarks of Tego in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Tego Platform, Tego Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
d. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Tego Platform or Collective Content, except to the extent you are the legal owner of certain Registered User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tego or its licensors, except for the licenses and rights expressly granted in these Terms.
e. Subject to your compliance with these Terms, Tego grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Tego Platform and accessible to you, solely for your personal and non-commercial use.
g. You are solely responsible for all Registered User Content that you make available on or through the Tego Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available on or through the Tego Platform or you have all rights, licenses, consents and releases that are necessary to grant to Tego the rights in and to such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Content or Tego's use of the Registered User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
h. h.You will not post, upload, publish, submit or transmit any Registered User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any Tego policy. Tego may, without prior notice, remove or disable access to any Registered User Content that Tego finds to be in violation of these Terms or Tego’s then-current policies or standards, or otherwise may be harmful or objectionable to Tego, its Registered Users, third parties, or property.
The Tego Platform connects Registered Users and allows them to connect and initially communicate based primarily on the Driver and Rider’s location and intended destination, among other factors. Tego is not itself a provider of any services outside the scope of Tego Services and the Tego Platform, and is not affiliated with any Registered User or third party that is recommended, rated, reviewed, or otherwise mentioned or suggested by Registered Users. After the Tego Services, Tego is no longer involved in the relationship between ANY PARTY. IT IS YOUR RESPONSIBILITY TO EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO COMMUNICATE, INTERACT, AND DO BUSINESS WITH OTHER REGISTERED USERS, WHETHER ONLINE OR IN PERSON. TEGO DOES NOT GUARANTEE, NOR ARE WE LIABLE FOR, THE OUTCOME OF ANY TRanSACTION INITIATED OR COMPLETED THROUGH THE TEGO PLATFORM.
All payments are processed through a third-party vendor, “Stripe.” Registered Users acknowledge and agree that all accounts and monetary transactions are subject to the terms and conditions of Stripe and any fees Stripe may charge. Registered Users agree to abide by and not violate any separate terms and conditions required by third-party vendors, which are independent of these Terms. Registered Users expressly acknowledge and agree that Tego shall not be liable for any payments and monetary transactions that occur through use of the Tego Platform.
All transactions on the Tego Platform are in United States currency (USD$). Tego does not provide currency exchange services.
a. Registered Users of the Tego Platform expressly agree to comply with applicable laws regarding Service Animals (as defined below). In particular, Drivers may not deny services or otherwise discriminate against Riders or passengers with Service Animals, regardless of allergies, religious objections, or a generalized fear of animals. “Service Animals” are animals trained to perform tasks for an individual with a disability, and are not required to wear a tag or vest to be registered. Riders with Service Animals are not required to provide documented proof that the animal is a Service Animal. In order to confirm whether an animal is a Service Animal, a Driver may ask only the following questions:
b. Driver Obligations. If you are a Driver on the Tego Platform, you expressly acknowledge and agree that you: (1) have been made aware of your legal obligations to provide services to Riders with Service Animals, and (2) will comply with all applicable laws regarding Service Animals. Failure to comply or a refusal to transport a Rider due to a Service Animal is a violation of these Terms and may result in a breach of your agreement with Tego, and a subsequent termination.
c. Reporting Complaints Riders may report issues involving their Service Animals, including cancellations, harassment, discrimination, or important cleaning fees (“Service Animal Complaint”), to Tego. Once the Service Animal Complaint has been submitted, Tego will investigate the issue and determine, in its sole discretion, whether there have been any violations of Tego’s Service Animal Policy, these Terms, or other applicable laws. Tego will use a good faith effort to notify the Rider within a reasonable period regarding the outcome of the investigation and any actions taken.
d. Consequences for refusal If Tego determines that a Driver refused to transport a Rider because of a Service Animal in violation of these Terms or the law, even once, THE DRIVER WILL BE PERMANENTLY PREVENTED FROM USING THE TEGO PLATFORM AS A DRIVER. Similarly, if Tego receives complaints about a particular Driver regarding Service Animal policy violations on more than one occasion, the Driver will be permanently prevented from using the Tego Platform as a Driver, regardless of the Driver’s justification for doing so. In addition, Riders shall be refunded any trip cancellation charges or other charges imposed as a result of a Driver’s refusal of service due to a Service Animal.
e. If a Driver has a Service Animal, Driver may ride with the Service Animal, but should inform Riders in advance of the Service Animal, in order to provide the opportunity for Riders to cancel the ride request if necessary.
a. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Tego Platform and any sale or transaction consummated therein. In connection with your use of the Tego Platform, you will not and will not assist or enable others to :
b.. You acknowledge that Tego has no obligation to monitor the access to or use of the Tego Platform by any Registered User or to review, disable access to, or edit any Registered User Content, but has the right to do so to: (i) operate, secure and improve the Tego Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Registered Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Registered User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Registered Users agree to cooperate with and assist Tego in good faith, and to provide Tego with such information and take such actions as may be reasonably requested by Tego with respect to any investigation undertaken by Tego or a representative of Tego regarding the use or abuse of the Tego Platform.
Tego seeks to ensure that safe, reliable, and high-quality transportation options are available to Registered Users, regardless of certain characteristics. Tego prohibits discrimination against Riders or Drivers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable federal or state law. Such discrimination includes, but is not limited to, refusing to provide or accept Services on the Tego Platform based on such characteristics. ANY REGISTERED USER, INCLUDING RIDERS AND DRIVERS, WHO ARE FOUND TO HAVE VIOLATED THIS PROHIBITION WILL LOSE ACCESS TO THE TEGO PLATFORM.
Tego does not tolerate the use of alcohol, drugs, or any other illicit substances by Drivers using the Tego Platform. IF YOU BELIEVE YOUR DRIVER IS UNDER THE INFLUENCE OF DRUGS, ALCOHOL, OR OTHER ILLICIT SUBSTANCES, PLEASE ASK YOUR DRIVER TO END THE TRIP IMMEDIATELY. When safe to do so, please exit the vehicle and call 911. If any such instance does occur, please provide feedback immediately by using the ‘Help’ function in the Platform to notify Tego of any such violation. You may also contact us by visiting help.tegosystemsllc.com or emailing email@example.com or contact us on the Tego Platform.
As a Driver on the Tego Platform, and engaging in the Services, you represent and warrant that:
a. you possess a valid driver’s license in the appropriate jurisdiction in which you will be providing any services, and all other appropriate licenses, approvals, and authorities required to provide transportation to Riders
b. you own or have all legal authority to operate the vehicle you use when providing any transportation, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind
c. you will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an authorized third party to accompany you in the vehicle while providing transportation, engage in any Services while under the influence of alcohol, drugs, or other illicit substances, or take action that harms or threatens to harm the safety of the Users on the Tego Platform or other third parties
d. you will only provide Services using the vehicle that has been reported to, and approved by Tego, and for which a photograph has been provided to Tego, and you will not transport more passengers than can securely be seated in such vehicle
e. you will not, while providing any services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in these Terms), demand that a Rider pay in cash, or use a credit card reader to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under these Terms.
f. you will not attempt to defraud Tego or Riders on the Tego Platform or in connection with your provision of any services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fees or other payments due to you for the ride(s) in question.
g. you will make reasonable accommodation for Riders and/or for service animals, as required by applicable law.
h. you agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of these Terms.
i. you have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide transportation or any other Services.
j. j.you will pay all applicable federal, state and local taxes based on your provision of transportation or other services and any payments received by you.
a. Without limiting our rights specified below, Tego may terminate these Terms and your use of or access to the Tego Services a for convenience at any time and for any reason, without notice to you, including:
b. In addition, Tego may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (ii) if you have breached these Terms, applicable laws, regulations, or third party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the Tego Account registration or thereafter; or (v) if Tego believes in good faith that such action is reasonably necessary to protect the personal safety or property of Tego, its Registered Users, or third parties, or to prevent fraud or other illegal activity:
c. When these Terms and your use of or access to the Tego Services have been terminated, you are not entitled to a restoration of your Tego Account or any of your Registered User Content. If your access to or use of the Tego Platform has been limited or your Tego Account has been suspended or terminated by us, you may not register a new Tego Account or access and use the Tego Platform through an Tego Account of another Registered User.
a. TEGO IS NOT A TRANSPORTATION CARRIER NOR DOES IT PROVIDE TRANSPORTATION SERVICES, BUT MERELY OFFERS A PLATFORM FOR REGISTERED USERS TO CONNECT AND ARRANGE SUCH SERVICES. TEGO CANNOT ENSURE THAT A DRIVER OR RIDER WILL COMPLETE AN ARRANGED TRANSACTION. TEGO IS NOT RESPONSIBLE FOR AND HAS NO CONTROL OVER THE QUALITY OF SAFETY OF THE TRANSPORTION THAT OCCURS AS A RESULT OF OUR SERVICES. TEGO ALSO CANNOT GUARANTEE THAT EACH RIDER OR DRIVER IS WHO HE OR SHE CLAIMS TO BE. PLEASE EXERCISE CAUTION AND COMMON SENSE BEFORE ENGAGING IN ANY KIND OF TRANSACTION WITH PERSONS YOU MEET THROUGH THE PLATFORM OR OTHERWISE
b. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “TEGO PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE STATUTE OR LAW WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
c.You agree that you have had whatever opportunity you deem necessary to investigate the Tego Services, laws, rules, or regulations that may be applicable to your use of the Tego Platform and that you are not relying upon any statement of law or fact made by Tego.
d.The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
THE TEGO PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE TEGO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE TEGO PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to release, defend (at Tego’s option), indemnify, and hold Tego and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
a. Your breach of these Terms or our policies or standards
b. Your improper use of the Tego Platform or any Tego Services
c.c.Your interaction with any Registered User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction; or
d.Your breach of any laws, regulations, or THIRD-PARTY rights.
a. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Tego in the United States (to the extent not in conflict with Section XX(a), below).
b. Overview of Dispute Resolution Process. Tego is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section XIX(a) applies: (1) an informal negotiation directly with Tego’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section).
c. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Tego each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Tego’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
d. Agreement to Arbitrate. You and Tego mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Tego Platform or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Tego agree that the arbitrator will decide that issue.
e. Exceptions to Arbitration Agreement. You and Tego each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction
f. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
g. Modification to AAA Rules - Arbitration Hearing/Location. Any required arbitration hearing may be conducted (a) in Dallas County; (b) in any other location to which you and Tego both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
h. h.Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
i. Jury Trial Waiver. You and Tego acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
j. j.No Class Actions or Representative Proceedings. You and Tego acknowledge and agree that we are each waiving the right to participate as a plaintiff or class Registered User in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Tego both otherwise agree in writing, in an arbitration proceeding, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
k. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
l. Changes. Notwithstanding the provisions of Section IV, if Tego changes this Section XIX after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Tego’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 Tego in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
m. Except as provided in Section XIX(k), this Section XIX will survive any termination of these Terms and will continue to apply even if you stop using the Tego Platform or terminate your Tego Account.
a. Governing Law. These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section XIX must be brought in state or federal court in Houston, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Houston, Texas.
b. Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Tego and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Tego and you in relation to the access to and use of the Tego Platform.
c. Restriction on Assignability or Transfer. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer, or delegate these Terms and your rights and obligations hereunder without Tego's prior written consent. Tego may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate these Terms by immediately discontinuing your use of and access to the Tego Services and the Tego Platform at any time remains unaffected.
d. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
e. Waivers. Tego’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
f. Notices. Unless specified otherwise, any notices or other communications to Registered Users permitted or required under these Terms, will be in writing and given by Tego via email, Tego Platform notification, or messaging service.
g. Questions? If you have any questions about these Terms please email us.