RideNow Terms of Use

Last Revision: August 18, 2021

Please read these Terms of Use (“Terms”) carefully. These Terms are between you (“user(s)”, “you” or “your”) and RumbleOn, Inc., including all of its wholly owned subsidiaries, such as RumbleOn Finance, LLC and RumbleOn Dealers Inc, et al (“RumbleOn”, “we” or “our”) and cover your use of the content, services, features and tools (collectively the “Services”, as further defined below) accessed directly or indirectly through any RumbleOn website or mobile website, including without limitation www.ridenow.com, www.rumbleon.com, www.wholesaleinc.com, www.gotspeed.com and any other site maintained by RumbleOn (collectively, “Sites”), and any web-based or mobile applications (the “Apps”) that reference or link to these Terms.

You accept and agree to be bound by these Terms and our Privacy Policy (“Privacy Policy”) by accessing or using one or all of the Services. The Services are available only to people who are at least eighteen (18) years old and possess the legal capacity to form a binding agreement with RumbleOn. IF YOU DO NOT HAVE SUCH LEGAL CAPACITY, OR IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THESE TERMS AND PRIVACY POLICY, PLEASE DO NOT ACCESS, USE OR REGISTER TO USE ANY OF OUR SERVICES.

Please note that Section 19 contains an arbitration clause and class action waiver. You agree to resolve all disputes through binding arbitration, and you waive any right to have a judge or jury decide those disputes. You also waive your right to participate in class actions, class arbitrations, and representative actions.

1. The Services

The Services are currently designed for users who are interested in buying or selling their vehicles. The Services are mainly targeted to U.S. residents however, the Services are available to non-U.S. residents as well. The Services are currently provided free of charge, however RumbleOn reserves the right to charge fees with respect to some or all of the Services in the future.

The Services governed by these Terms allow (or may allow you in the future) to:

Buy a Vehicle and additional services associated with the purchase, such as certain warranties, by (a) searching our inventory of vehicles; (b) holding the vehicle of your choice; (c) using trade-in services; (d) estimating your monthly payment (e) applying for online vehicle financing; or (f) arranging for an open or closed transport of the selected vehicle within the continental United States only (please note that if you are not a U.S. resident, you shall be solely responsible for the execution and payment of import/export approvals and applicable taxes). In certain instances we may be prevented from offering certain services to you if you live in a particular area or we are subject to restrictions in our business; for example, California Emission Laws prevent us from selling any vehicle with less than 7,500 miles to any current California resident.

Sell Your Vehicle by using our Appraisal Tool. To use the Appraisal Tool, you may need to submit (a) photos of your vehicle, (b) your vehicle`s VIN number, (c) your vehicle`s mileage, (d) description of the vehicle and any other information we may require from time to time. The submitted information regarding your vehicle is then uploaded to our internal systems, and if we are interested in purchasing your vehicle, we will send an email outlining the terms of our offer, one of which allows you to use the value of the cash offer towards the purchase of another vehicle (trade-in) from us.

Submit Your Content. One or all of the Services may include “Interactive Areas” on which users may connect with each other and share information, recommendations and reviews. Any content submitted by users to the Interactive Areas (including without limitation, such recommendations, reviews, user`s full name, vehicle photos or other user proprietary materials, whether or not via the Interactive Areas) shall be called “Submissions”.

Each Service includes our proprietary content or licensed content of others, and may include additional resources such as FAQ and support, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Service, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Service (collectively, the “Content”).

THE USE OF THE SERVICES MAY ENABLE USERS TO FACILITATE A CONNECTION WITH THIRD PARTIES THAT ARE NOT OWNED BY OR AFFILIATED WITH RumbleOn (INCLUDING WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS OR OTHER USERS WHO MAY BE INTERESTED IN PURCHASING VEHICLES). RUMBLEON DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH SUCH THIRD PARTIES. RumbleOn`S SERVICES OFFER AN APPRAISAL TOOL, ASSESSING THE VALUE OF CERTAIN VEHICLES BASED ON CERTAIN CRITERIA. RumbleOn MAKES NO REPRESENTATIONS REGARDING THE APPRAISAL TOOL AND/OR ITS ACCURACY. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. RumbleOn DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES AND THE CONTENT OR THE SUBMISSIONS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE CONTENT OR THE SUBMISSIONS IS AT YOUR SOLE RISK. RumbleOn AND OUR THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR SUBMISSIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RumbleOn WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO USERS OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, THE CONTENT OR THE SUBMISSIONS.

2. Limitations of Usage

Except to the extent you were authorized in writing by RumbleOn, you may use the Services solely for personal, non-commercial uses (other than for the purpose of selling or purchasing a vehicle). You shall not use the Services to advertise or promote any product, service or business. Without limiting the foregoing, you may not use the Services to submit or upload any Submissions or details:

• If you are not the legal owner of your vehicle or if you do not have the legal right to sell such vehicle;
• If the vehicle is not registered in your name;
• That are fabricated, false, misleading, offensive or inappropriate;
• If the purpose of doing so is to compete with RumbleOn;
• That are illegal, deceitful or inaccurate; or
• That are for, on behalf of, or at the request of another person, if such other person would violate any of the above or below restrictions by uploading such Submissions.

Additionally, you may not:

• Register for multiple Accounts or use the Account of another person;
• Use the Services or open an account if you are under 18;
• Impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that RumbleOn endorses you, your vehicle or your business in any manner;
• Use the Services in any way or for any purpose that is immoral, unauthorized or against any local, state, federal or any other applicable laws of the United States to which you may be subject (including without limitation, encouraging harmful practices, violence, self-harm, suicide, anorexia, bulimia or the solicitation of minors);
• Upload or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of RumbleOn`s or another`s privacy or publicity rights, infringing of RumbleOn`s or another`s intellectual property rights, contains any trade secrets or other confidential information, or is otherwise offensive or objectionable;
• Use the Services in any way or for any purpose that harms or endangers RumbleOn or its affiliates, agents, resellers, licensors, subsidiaries, officers, directors, shareholders, employees, sub-contractors, distributors, service providers and/or suppliers (collectively, the “RumbleOn Representatives”);
• Submit any data containing unsolicited promotion, advertising, contests or raffles;
• Attempt to interfere with or disrupt the ability to access the Services, the operation of the Services or the servers or networks that host them;
• Remove or disassociate from the Content or the Services any restrictions and signs indicating proprietary rights of RumbleOn or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©, ™, or ®); Bypass any measures RumbleOn may use to prevent or restrict access to the Services;
• Bypass any measures RumbleOn may use to prevent or restrict access to the Services;
• Use any data mining, robots, or other data collection methods in connection with the Services (including the creation of databases);
• Make available in connection with the Services any virus, worm, Trojan horse, spyware, bug, malware, or any other harmful content;
• Use the Services for any purpose for which they are not intended; or
• Infringe or violate any of the provisions of these Terms or the Privacy Policy.

PLEASE BE AWARE THAT YOUR BREACH OF THE TERMS OR PRIVACY POLICY MAY ALSO EXPOSE YOU TO CIVIL OR CRIMINAL LIABILITY.

3. Your Account

In order to enjoy the full scope of the Services, you are required to register and open an account (the “Account”), by (i) providing RumbleOn with certain details or (ii) using an existing social network account (e.g., Facebook, Google, or Twitter) (for further information, see the Privacy Policy). You must provide RumbleOn with accurate and complete information when opening an Account and keep it updated at all times. You may not open more than one Account. You are responsible for the activities that occur under your Account and for maintaining the confidentiality of your password and log-in details.

The Account is yours and you shall not allow anyone else to use it without RumbleOn`s prior written approval. You must immediately notify RumbleOn of any unauthorized use of your Account or breach of its security. RumbleOn will not be responsible for any damage which is caused to you or others if you do not act in accordance with these Terms or the Privacy Policy.

If you wish to cancel the Account, you may email RumbleOn at notices@rumbleon.com and we will cancel it within a reasonable period of time. Once the Account is cancelled, its information may be deleted or unavailable and RumbleOn will not be responsible for any loss in this respect.

Any of RumbleOn`s users (including unregistered users) may contact RumbleOn by submitting their request on the contact us. page form, which may require their name and e-mail address.

4. Information Sharing

RumbleOn collects, stores, and safeguards information, some of which could be considered Personally Identifiable Information (“PII”) per US privacy law. To learn more about how we protect your information, please refer to our RumbleOn Privacy Policy. RumbleOn may share PII data with RumbleOn Finance, other third-party lenders, and vehicle dealers only when you submit a request for pre-qualification for financing or when you request information for a dealer`s vehicle that is featured on a RumbleOn Site or mobile app. You can opt-out of data sharing at any time at the Do Not Sell My Personal Info page on the RumbleOn Site or mobile app.

RumbleOn may also release PII when it`s release is required to comply with the law, enforce our site policies, or protect ours or others` rights, property or safety.

Non-Personally Identifiable Information may be provided to other parties for marketing, advertising, or other uses.

5. Payment Services

RumbleOn uses online payment services which are rendered by independent contractors. Any credit card details which users provide RumbleOn with respect to the Services (e.g. for the purchase of vehicles) are transferred to these online payment services (including without limitation, PayPal, Venmo, Stripe, or others). The user is solely responsible for using these online payment services and is also required to abide by the terms specified by the applicable online payment service provider. The service provider`s terms of use and privacy policy, not RumbleOn`s Terms and Privacy Policy, govern your use of the online payment services.

6. Typographical Errors

RumbleOn and its third-party service providers are not responsible for typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. In the event that any RumbleOn product is mistakenly listed at an incorrect price, RumbleOn reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. RumbleOn reserves the right to refuse or cancel such orders whether or not the order has been confirmed and payment was made. If your order is cancelled, RumbleOn shall issue a refund in the form of the original payment.

7. Intellectual Property

All of the intellectual property rights (including without limitation, inventions, patents and patent applications, trademarks, trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content (other than the Submissions) (“Intellectual Property”) are owned by RumbleOn and/or licensed to it and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.

Certain automotive content displayed within this website (or application, or mobile application) may be used pursuant to licenses or other such arrangements with others and is protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited. The intellectual property rights in or to the Submissions (including the photos of your vehicle) must be owned by you or licensed to you and not conflict with any third party`s rights or any applicable laws. Users must receive all consents and authorizations required by law regarding the use of their respective Submissions (including without limitation, under applicable privacy laws or regulations). YOU AGREE THAT ALL INFORMATION UPLOADED OR SUBMITTED BY YOU (EXCLUDING PERSONALLY IDENTIFIABLE INFORMATION AND FINANCIAL INFORMATION) IS NONCONFIDENTIAL AND MAY BECOME PUBLICLY AVAILABLE ON OR THROUGH THE RumbleOn SERVICES.

You are granted a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use our Content and Services in accordance with the Terms and Privacy Policy. All rights not expressly granted to you under the Terms or the Privacy Policy are reserved by RumbleOn and/or its licensors. Among other restricted actions, for example: (i) you may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Content or Services without RumbleOn`s prior written consent, (ii) you are not allowed to use the RumbleOn trademarks or third-party trademarks appearing on or through the Services without our prior written consent.

You grant RumbleOn a perpetual, non-exclusive, royalty-free, worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, store and to use any of your Submissions in connection with the RumbleOn Services, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving the Services. You also grant RumbleOn permission to attribute you in connection with your Submissions. You hereby waive any rights of privacy or publicity in this respect. For clarity, you are not transferring ownership of any marks you own, and you may request that RumbleOn no longer use any marks you own in the event you terminate your use of the Services.

THE UPLOADING OF SUBMISSIONS IS AT YOUR SOLE RISK AND RESPONSIBILITY. RumbleOn WILL NOT BE LIABLE FOR ANY RESULT (INCLUDING LOSS, DAMAGE, COST) ARISING FROM, OR CONNECTED TO, THE SUBMISSIONS (INCLUDING THEIR USE BY OTHER USERS).

Even though RumbleOn has no obligation to screen, edit, delete or monitor Submissions, it reserves the right to do so at its sole discretion and without giving any prior notice, including in the following cases: (i) in order to conform with legal requirements or respond to any legal adjudication or process; (ii) in order to safeguard the Services or ensure your compliance with these Terms or our Privacy Policy; and/or (iii) in order to protect and secure the interests, rights and property of the RumbleOn Representatives. In addition, RumbleOn may limit the size and storage spaces available for Submissions.

8. Notice and Takedown - Digital Millennium Copyright Act Compliance

If you believe that any content displayed on any of the Services (i) is inappropriate, offensive, violent, sexually inappropriate; or (ii) infringes your copyrighted work, you may send us a notice to notices@rumbleon.com.

According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), notices relating to copyright infringement must include the following information: (a) a description of your copyrighted work; (b) proof that you are the owner of the copyrighted work; (c) a description of the material that you believe to be infringing your copyrighted work and that should be removed or blocked; (d) your contact details; and (e) a statement that the information you provided is accurate, and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once we receive the notice, we may take actions at our discretion, including the removal of the alleged infringing or offensive material.

9. Linking to our Service(s) and Links to Third Party Websites or Services

You are free to establish a link to any of our Services on your rightfully owned properties so long as the link does not state or imply any connection or approval of RumbleOn to your website, products or services or portray RumbleOn in a false or offensive manner.

One or all of the RumbleOn Services may contain links to non-RumbleOn websites or services for your convenience only; they are not under our control and we do not endorse or assume any responsibility for their content, information or functionality. Your access or use of any non-RumbleOn websites or services or reliance upon their content is at your own risk and such linked sites or services are not governed by these Terms or our Privacy Policy.

You agree that RumbleOn is not responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused, by or in connection with your use of or reliance upon any information, services, content, products or other materials available on or through such linked sites or resources, or any damage or loss relating to your interaction or dealings with third parties. RumbleOn reserves the right to terminate any link at any time at its sole discretion.

10. Disclaimer of Warranties

TO THE EXTENT LEGALLY PERMISSIBLE, ANY AND ALL OF THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS-IS” BASIS. RumbleOn DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

IN ADDITION, IN NO EVENT SHALL RumbleOn OR A RumbleOn REPRESENTATIVE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY OTHER PARTY IN CONNECTION WITH THE SERVICES.

RumbleOn and RumbleOn REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE USE OF ANY AND ALL SERVICES, INCLUDING BUT NOT LIMITED TO THE OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR SUITABILITY OF THE INFORMATION OR CONTENT DISPLAYED ON OR THROUGH THEM.

RumbleOn and RumbleOn REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OR ERRORS.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

11. Limitation of Liability

To the extent permitted by law, in no event will RumbleOn or the RumbleOn Representatives be liable to you or to any third party for: (1) indirect, consequential, special, incidental, exemplary, or punitive damages, under any legal theory (including, without limitation, by tort, negligence, contract, or other), arising from or connected to the Services, Terms, Content, or Privacy Policy; (2) any costs of procuring any substitute goods, technology, or services; or (3) any damages whatsoever that in the aggregate exceed the greater of (a) the amount actually paid by you (if any) to RumbleOn for use of the applicable Services in the immediately previous twelve (12) month period or (b) US $100.00.

Some jurisdictions do not allow the exclusions or limitations set forth above, in which case, the full extent of the above exclusions and limitations may not apply.

12. Indemnification

You agree to defend, indemnify and hold harmless RumbleOn and RumbleOn Representatives from and against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, investigation, damages, costs, and expenses, including reasonable attorney`s fees, arising out of or in connection with: (i) your use or misuse of the Content or Services; (ii) your conduct in connection with the Services or with other third parties via the Services; (iii) your Submissions; (iv) your violation of these Terms or Privacy Policy; (v) your violation of any third-party rights, including, without limitation, any intellectual property right or privacy right of such third party; and (vi) any damage, of any sort, you may cause to any third party with relation to the Submissions, Content, or Services.

RumbleOn reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with RumbleOn in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining RumbleOn`s prior express written approval.

You shall and do hereby waive California Civil Code §1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that 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”.

13. Advertisements

RumbleOn may accept advertisements from third party advertisers or others. RumbleOn makes no warranties or representations concerning such advertisements. You understand and agree that you are not entitled to any compensation or remuneration with respect to these advertisements.

14. Children`s Restricted Use

RumbleOn reserves the right to request proof of age at any stage so that it can verify that minors or children under the age of eighteen (18) are not using any of the Services. If RumbleOn becomes aware that a person under the age of eighteen is using any of the Services, it will prohibit and block such person from accessing or using the Services.

15. Notification of Terms of Use Revisions

RumbleOn reserves the right to make changes to its Terms of Use at any time and for any reason, so please re-visit this page frequently. The Terms of Use versions are differentiated by the “Last Revision” date indicated at the top of the Terms of Use document. If RumbleOn makes material changes to the Terms of Use, then RumbleOn will notify you by providing a link to the updated Terms of Use in a special “clickwrap” login modal placed on the RumbleOn Site. This special clickwrap login modal is designed specifically to direct the User to view and accept the updated Terms of Use in order to complete login successfully and regain access to the Site. The special clickwrap login modal will only appear once if the User accepts the updated Terms of Use, until the next time the Terms of use is updated. The updated Terms of Use will become effective immediately upon acceptance, as indicated by the User in the special clickwrap login modal. If any of the Services or portions of the Terms of Use must be amended in order to comply with any legal requirements, the amendments may take effect immediately or as required by law and without any prior notice.

16. RumbleOn Services Discontinuance

RumbleOn reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, at any time. All information (ours or yours) made available on the applicable Service may be removed or deleted and you are required to make your own copy of any information you submit to RumbleOn. RumbleOn will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Service(s) or any malfunctions that may occur in connection thereto.

17. Suspension: Termination

If you do not comply with the Terms and Privacy Policy, RumbleOn may suspend or terminate your Account. If, for any reason, you no longer consent to these Terms or Privacy Policy, please stop using the Services (and, to the extent you are a registered user, please cancel your Account as stated in Section 3 above) and this will be your sole remedy in such circumstances.

Upon termination, by you or us:

• You will cease any further use of the Site, Services and any information that was made available to you prior to the termination;
• All rights granted to you under the Terms and Privacy Policy will automatically terminate;
• Certain data (e.g. Content, Submissions, etc.) may be deleted and you will have no right or claim in this respect; and

The provisions of these Terms that by their nature must survive the termination shall so survive. Without limiting the generality of the foregoing, the Intellectual Property, Disclaimer of Liability, Limitation of Liability, Indemnification, Jurisdiction and “General” sections will survive the termination of these Terms.

18. General

(a) These Terms constitute the entire agreement between you and RumbleOn regarding your use of any and all of the Services as detailed herein, and supersedes any prior agreements between you and us relating to such use; (b) These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and RumbleOn; (c) Any heading, caption or section title contained in these Terms or our Privacy Policy is inserted only as a matter of convenience; (d) The failure of either party to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance; (e) If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be amended as possible to comply with the applicable law. This shall not affect the validity and enforceability of any remaining provisions; (f) We may assign any right or obligation under the Terms or Privacy Policy without restriction, but you may do so only after receiving our express written consent; (g) Any amendment to the Terms and Privacy Policy must be done in writing and signed by us and you; (h) All correspondence between you and RumbleOn shall be in English.

YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19. Arbitration

In the event that you and RumbleOn are unable to resolve any dispute or claim with one another, you and RumbleOn each agree to resolve any and all disputes and claims through binding individual arbitration, unless you expressly reject this arbitration provision in writing and within 30 days in accordance with the last paragraph of this section 19 below. “Disputes and claims” shall be broadly construed to include past, current, and/or future claims that relate in any way to these Terms, your use of the Services, and/or rights of privacy and/or publicity. However, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas.

You and RumbleOn each waive the right to a trial by jury or to participate in a class action. Any arbitration under this provision will take place on an individual basis — class arbitrations and class actions are not permitted. You also agree not to participate in claims against RumbleOn brought in a private attorney general or representative capacity, or consolidated claims involving another person`s account. However, either party may bring an individual action in small claims court. If, however, you or we transfer or appeal the small claim to a different court, we reserve our right to elect arbitration.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery, and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award, including attorneys` fees where permitted by law.

A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to RumbleOn should be addressed to RumbleOn, Inc., Attn: General Counsel, 901 W. Walnut Hill Lane, Suite 350-C Irving TX. 75038. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and RumbleOn cannot resolve the Demand within 30 days after the Notice is received, you or RumbleOn may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by RumbleOn or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, that you or RumbleOn is entitled to.

The arbitration shall be administered by (i) JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with its expedited procedures contained in those rules, or (ii) American Arbitration Association in accordance with its Consumer Arbitration Rules. If you initiate the arbitration, you may choose one of the above administrators. If RumbleOn initiates arbitration, we will give you 20 days to choose the administrator. If you do not choose the administrator within that time frame, we will choose one. If the administrator a party chooses is unable or unwilling or ceases to serve as the administrator, then you or RumbleOn may choose the other administrator. If neither administrator is able or willing to serve as the administrator, the parties will mutually select an administrator, which must be a lawyer or retired judge with at least 15 years of legal experience.

Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.

You and RumbleOn will bear the administrator and arbitrator fees that each party is normally required to pay under the rules and law applicable to the proceeding. Each party will bear the expense of its own attorneys, experts, and witnesses, except where applicable law and/or the Agreement allows a party to recover attorney`s fees from the other party.

The Federal Arbitration Act (“FAA”) governs this arbitration agreement. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege. The arbitrator shall not apply federal or state rules of civil procedure or evidence. The arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms, unless otherwise provided by applicable law. Either party may make a timely request for a brief written explanation of the basis for the arbitration award. Judgment on the arbitrator`s award may be entered in any court with jurisdiction. Otherwise, the award and the arbitration proceeding shall be kept confidential. The arbitrator's decision is final and binding, except for any right of appeal provided by the FAA. Either party can appeal the award to a three-arbitrator panel administered by the administrator. The costs of such appeal will be borne by the appealing party, unless applicable law or the administrator`s rules provide otherwise.

This arbitration provision survives the termination of your relationship with RumbleOn and/or your use of the Services. In the event of a conflict between this arbitration provision and the applicable arbitration rules or other provisions of the Terms, or any other agreement between us, this arbitration provision will govern any Dispute or Claim between you and RumbleOn, as defined in these Terms. If a court or arbitrator deems any part of this arbitration provision invalid or unenforceable under any law or statute consistent with the FAA, the remaining parts of this arbitration provision shall be enforceable despite such invalidity; however, if the prohibition of class relief and proceedings is found to be unenforceable or void in any proceeding, then this entire arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal such limitation or voiding.

In order to reject this provision, RumbleOn must receive a signed writing (“Rejection Notice”) from you within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). The Rejection Notice must include your (i) name, (ii) account number or username, (iii) mailing address, and (iv) a statement that you do not wish to resolve disputes with RumbleOn through arbitration, and must be mailed to RumbleOn, Inc., Attn: General Counsel, 901 W. Walnut Hill Lane, Suite 350-C Irving TX. 75038 via certified mail, return receipt requested. Rejecting the arbitration provision will not affect any other aspect of these Terms, nor will it affect any other existing or future arbitration agreement between you and RumbleOn.

20. Jurisdiction

Any claim relating to these Terms, the Privacy Policy, any of the Services or Content will be governed by and interpreted in accordance with the laws of the State of Texas, U.S.A without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. Any dispute arising out of or related to any of the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the District Court of Dallas, Texas, U.S.A. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

21. SMS Text Messages

By opting in to text messages from RumbleOn, Inc. and its affiliates, agents and assigns (collectively “RumbleOn”) (the “Text Service”), you accept these Terms & Conditions and agree to resolve disputes with RumbleOn through binding arbitration and you waive any right to participate in class actions, all as detailed in the “Arbitration” section below. By opting In You acknowledge and agree that you opted in to the Text Service by providing your cellular number and thereby providing consent to receive such messages. By opting in: · You authorize RumbleOn to send text messages to the cell phone number associated with your Opt-in (i.e., the number from which you sent the Opt-in request, the number listed on the Opt-In form or instructions, the number for which you otherwise provided consent, or the number on file for the account associated with your Opt-In), including through the use of an automatic telephone dialing system. You also authorize RumbleOn to include marketing content in any such messages. You do not have to opt-in or agree to opt-in as a condition of any purchase. · You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number and that you are authorized to opt-in to receive these messages. · You consent to the use of an electronic record and electronic signature to document your opt-in. You are signing your Opt-In to the Text Service. · To withdraw that consent, or to update our records with your contact information, please call (214) 617-3142. To view and retain an electronic copy of these Terms of Use or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you`ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms of Use still will apply if you withdraw the consent mentioned above or opt out of the Text Service. Frequency Unless otherwise noted, we may send multiple, recurring messages and/or terminate the Text Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received. Cost Message and data rates may apply depending on your service plan, which may include fees from your carrier to send and/or receive text messages. If you click on a link within a text message, data charges may apply. How to Opt-Out Text STOP to stop receiving text messages. We may send you a final text message confirming that we received your request. How to Receive Help or Support For help regarding text messages, text HELP at any time. Privacy Policy You consent to the handling of your information as described in our Privacy Policy. Confidentiality Although we try to protect information you send us, we cannot guarantee that information sent using Short Message Service (SMS) is completely confidential. There are certain aspects of SMS usage and your device we cannot control. Therefore, transmission of information to you and to us over SMS must be undertaken at your own risk.

22. Have Questions?

If you have any questions (or comments) concerning these Terms or Privacy Policy, please send us an e-mail to the following address notices@rumbleon.com and we will make an effort to reply within a reasonable timeframe.

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