Last updated: May 21, 2024

Welcome

Bike Bike LLC and/or its affiliates (DBA “Speedy’s E-Bike Rescue”) (“Speedy’s,” “us,” or “we”) provides customers with services related to the transportation of bicycles and electric bicycles.  These services are described in more detail below under “Our Services.”

Please read these Terms and Conditions carefully

These terms and conditions (“Terms and Conditions”) govern your use of our Services (as defined below).  It is important you read them carefully.  In these Terms and Conditions, the terms “you” and “yours” and “user” refer to the person using the Services.

Your access to and use of the Services are subject to our Privacy Policy, as well as all applicable laws and regulations.  These Terms and Conditions also incorporate, and you accept and agree to, the policies, notices, procedures, FAQs, guides, and guidelines that are provided or made available to you on the Platform (as defined below) (collectively, the “Program Policies”).

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS.  IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICES.

Our Services

Speedy’s operates the website [https://joinspeedys.com] (, the “Website”), and its associated phone and text message answering service (“Dispatch Service”) and mobile application (the “App” and together with the Website and the Dispatch Service, our “Platform”).  We refer to the Website, the App, the Dispatch Service, and other services provided by Speedy’s in these Terms and Conditions as the “Services.” 

Our primary Service is the transportation of traditional bicycles and electric bicycles to locations designated by our user.  While we do not provide transportation services for our users, a driver may, at their discretion, allow a user to accompany their Bicycle (as defined below) on a Trip (as defined below).

We may offer our customers a complimentary bicycle inspection. Bicycle inspections are subject to these additional Bicycle Inspection Terms, which are made part of and
incorporated into these Terms and Conditions.

Our Services (i) do not include any form of automobile liability or physical damage insurance contract, (ii) are not intended to comply with any financial responsibility law(s); and (iii) are not a towing service or an ambulance service.

You must be eligible to use our Services

Bicycles:

Our Services are only available for Bicycles. A “Bicycle” is a traditional bicycle or electric bicycle with pedals that you or an Authorized User on your account own, rent, or lease. Speedy’s reserves the right to reject any bicycle for any reason.

Locations:

Our Services are currently only available to individuals located in the following states: Washington.

Within the states listed above, our Services are limited to the locations identified here (each a “Designated Zone”).  

Users:

Our Services are only available to Primary Users and Authorized Users.

“Primary Users” are individuals (i) who are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted these Terms and Conditions.  Primary Users are responsible for registering and creating an account (as described under “Registration for Services”) and complying with the payment obligations described under “Fees” and “Billing.”

“Authorized Users” are individuals who have been designated by a Primary User to utilize the Services subscribed to under the Primary User’s account.  Authorized Users must live in the same household as the Primary User and can be domestic partners, spouses, elder parents living in the household, or children between the ages of 13-18.  Children over the age of 18 require their own account.  The Primary User is responsible for the conduct and behavior of their Authorized Users, including any costs to Speedy’s as a result of their conduct.

By visiting, accessing, registering with or using the Services, you are: (i) representing and warranting to us that you are (i) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen (18), and (ii) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Services.  Our Services may be subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. 

Registration for the Services 

Primary Users are required to register and set up an account on the Platform in order to access the Services.  You agree to accurately maintain and update any information about yourself and your Authorized Users that you have provided to Speedy’s. 

Your account with us and your ability to use the Services will be effective after your application is processed and accepted (including payment of any Fees (as defined below)), which must be confirmed to you by us via email or on your account page.  Application to use our Service does not guarantee enrollment and we reserve the right to reject any application or user for any reason.  

Account Types

We offer two account types: 

• Standard Plan for one (1) Primary User and up to four (4) Authorized Users
• Premium Plan for one (1) Primary User and up to four (4) Authorized Users

Authorized Users are selected at the time of subscription and can be modified at the time of renewal (see “Renewal” below). 

Using the Services

Scheduling:

• To schedule a Pickup and Drop Off, text 206-659-5252 or email [email protected]
• All trips must be confirmed by Speedy’s.
• A Primary User or an Authorized User must be with the Bicycle at the time of pickup.

Usage Limits:

• Standard Plan: Two (2) Standard Trips or Emergency Trips per Plan Year
• Premium Plan: Four (4) Standard Trips or Emergency Trips per Plan Year

Note:

• We refer to a single Pickup followed by a Drop-off as a “Trip.”  All Trips are one-way.
• An Emergency Trip is a Trip scheduled within 24 hours of the pickup time.  
• A Standard Trip is a Trip scheduled more than 24 hours in advance of the pickup time.
• Once you have used all your Trips in a Plan Year, any additional Trips will be charged based on our Standard Rate Card then in effect.
• A Plan Year begins (i) for your first Plan Year, on the effective date of your Account registration; and (ii) for additional Plan Years, on the effective date of your plan renewal.  A Plan Year expires after one calendar year.

Designated Zones:

Pickup and drop-off locations must be located in the same Designated Zone, however, we may, at our sole discretion and for an additional fee, make a Pickup or a Dropoff outside of a Designated Zone.  The Bicycle must be accessible from the road as we are unable to dispatch our Service to bicycle trails or paths. 

Hours of Operation:

Our hours of operation can be found here.

Fees

If you subscribe for a Standard Plan or a Premium Plan (each a “Subscription Services”) or agree to an additional fee per-use service (“Additional Fee Service”), you agree to pay the fees (“Fees”) as quoted to you when you purchased that Service.  We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service.

We reserve the right to change our prices at any time, but you will not be responsible for that price increase until (i) for a Subscription Service, the renewal of that Subscription Service; and (ii) for an Additional Fee Service, when you next purchase that Service. 

Billing and Payment

You must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a Subscription Service, on a recurring basis. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services. We are not responsible for any fees or charges imposed by any bank or credit or debit card issuer.  

Renewals

The subscription period for the Standard Plan or Premium Plan is for one year and will automatically renew for additional periods equal to one (1) year each year on the anniversary of your registration effective date unless you cancel (3) days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. If we are unable to process a payment for a Subscription Service renewal, the renewal will not be effective until we receive payment, and any additional renewals will take place on the anniversary of that date.

If you would like to modify the Authorized Users associated with a Plan you must notify us at least three days prior to the renewal date, and the change will be effective upon renewal of the Subscription Service.

Cancellation and Termination

Additional Fee Services are non-refundable once scheduled. A subscription may be canceled at any time by contacting Speedy’s. If you cancel a Subscription Service prior to the end of the Plan Year, You are entitled to a pro-rata refund of any unused portion of your Subscription Service, less services rendered. The cost of services rendered is calculated based on the total number of Trips used and the calculated average cost of each Trip in your Plan. This average cost is determined by dividing the total amount paid for the Plan Year by the total number of Trips in your Plan. For instance, consider a Plan costing $200 per year, allowing for two (2) trips. The average cost per trip would be $100. Hence, your refund will be the pro-rata refund for the unused portion of the Plan Year, less any Trips you utilized, at a rate of $100 per Trip.

We may suspend or terminate any user’s use of our Service at any time upon notice to the Primary User associated with the account. 

Accuracy of the Information You Provide to Us

If you do not keep information provided to us current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect information in your account is not accurate, complete, or current, we have the right to suspend or terminate your account and your use of the Services.  You also agree to immediately notify Speedy’s of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing Speedy’s at [email protected].  You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password.

You are responsible for changing your password promptly if you think it has been compromised.  You may not transfer or share your password with anyone or create more than one account.  You may not use anyone else’s account at any time.  Speedy’s explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. 

Requirements to Access the Services

You are responsible for obtaining appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described in the Services), at your own expense, to enable use of the Services, including a telephone and mobile device.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.  You also agree to provide truthful, accurate and complete information in any communications you submit to or through the Services.  We reserve the right to change the manner users access our Services, including any software, hardware, or other requirements of the Services at any time without prior notice. 

Privacy

Speedy’s understands the importance of confidentiality and privacy regarding your personal information.  Please see our Privacy Policy for a description of how we may collect, use, and disclose your personal information.  The Privacy Policy is hereby incorporated into these Terms and Conditions by reference and constitute a part of these Terms and Conditions.

License to Use Content and Services

As between Speedy’s and you, Speedy’s is the sole and exclusive owner of all right, title and interest in and to the Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) (“Content”).  You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Content except as permitted by these Terms and Conditions or otherwise by Speedy’s expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Content shall be owned solely and exclusively by Speedy’s or its licensors, including all intellectual property rights therein.  You may not access or use for any commercial purposes any part of the Services or Content.

Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of Speedy’s or its affiliates.  You are not authorized to use any such Marks without the express written permission of Speedy’s.  Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

Subject to your compliance with these Terms and Conditions, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Content solely for your personal and non-commercial use and only as permitted under these Terms and Conditions and the Privacy Policy.  No other right, title, or interest in or to the Services or Content is transferred to you, and all rights not expressly granted are reserved by Speedy’s or its licensors.

Information Submitted via the Services

Subject to any limitations described in our Privacy Policy, any information you transmit to Speedy’s via the Services, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, the “User Content”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary.  To the extent permitted by applicable law and our Privacy Policy, you grant Speedy’s a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, the User Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in the User Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Speedy’s, are responsible for all of the User Content that you provide to the Services.  In addition, Speedy’s shall have the right, in its sole discretion, to edit, duplicate, or alter the User Content in any manner for any purpose that Speedy’s deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the User Content.  You further agree that you shall have no right of approval and no claim to compensation in connection with the User Content.

Electronic Communications

By providing your mobile phone number and/or email address, you are agreeing to be contacted by or on behalf of Speedy’s using the contact information you have provided, including calls, emails, and text messages, to receive informational or Service-related communication, reminders and notifications, and marketing communications relating to the Platform and Services.  Message and data rates may apply. 

Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from Speedy’s.  To opt-out from marketing and promotional content sent via text messages: text the word STOP to the number you received the text message from.  We may confirm your opt-out by text message.  To opt-out from marketing and promotional content sent via email: click “Unsubscribe” in the email in which we sent to you. If you opt-out from text messages or other forms of communication, you may not receive important reminders and information about your services and products, and it may limit our ability to provide important services and notifications to you.

Restrictions and Your Conduct

You will not use the Services or the Content in any manner or for any purpose other than as expressly permitted by these Terms and Conditions.  Except as expressly authorized in these Terms and Conditions, you will not, directly or indirectly: (i) reverse engineer, disassemble, or decompile the Services or the Content or apply any other process or procedure to derive the source code of the Services; (ii) modify, translate, copy, or create derivative works of a Services or the Content or any part, feature, function or user interface thereof; (iii) make any of the Services or the Content available to any third party, or use any of the Services or the Content for the benefit of anyone other than yourself; (iv) sell, resell, license, sublicense, distribute, rent or lease any of the Services or the Content, or include any of the Services or the Content in a service bureau or outsourcing offering; (v) attempt to gain unauthorized access to the Services or the Content or its related systems or networks; (vi) use the Services for any purpose other than expressly permitted in these Terms and Conditions, including for benchmarking, competitive analysis, or creating a competing product; (vii) use the Services to violate third party rights or applicable laws; (viii) use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Platform or otherwise monitor or copy any portion of the Platform; (ix) systematically collect or use any content from the Platform, including through the use of any data mining, or similar data gathering and extraction methods; (x) disrupt or interfere in any manner with the operation of the Services, or the hardware or network used to operate the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the he Services; (xi) allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication, (xii) upload or otherwise spread any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment; (xiii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Services; (xiv) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); (xv) create Internet “links” to or from the Platform, or “frame” or “mirror” any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (xvi) disrupt, interfere with, or inhibit any other person from using the Services or other affiliated or linked websites, material, contents, products and/or services.

Changes to these Terms and Conditions

Speedy’s reserves the right to amend or modify any part of these Terms and Conditions in its sole discretion at any time and without prior notice to you.  Any changes to these Terms and Conditions are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Services.  Your continued use after a change has been posted constitutes your acceptance of the changes.

You acknowledge and agree that: (i) all or any part of the Services may not be accessible at any time, for any period, or for any reason; and (ii) Speedy’s will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.  Speedy’s may, at any time and for any reason, modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice.  You agree that Speedy’s shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Errors and Inaccuracies

Occasionally there may be information on our Platform or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website or the Platform is inaccurate at any time without prior notice (including after you have submitted your order). 

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS.  ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.  SPEEDY’S, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. SPEEDY’S DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE.  SPEEDY’S DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL SPEEDY’S, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF THEIR RESPECTIVE CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PROPRIETORS, PARTNERS, SHAREHOLDERS, SERVANTS, PRINCIPALS, AGENTS, PREDECESSORS, SUCCESSORS, ASSIGNS, ACCOUNTANTS, AND ATTORNEYS (THE “SPEEDY’S PARTIES”) OR THEIR RESPECTIVE LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF SPEEDY’S OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL SPEEDY’S OR THE SPEEDY’S PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section.  Accordingly, some of these limitations may not apply to you.  If you are a resident of a U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

Indemnification

You agree to defend, indemnify, and hold Speedy’s and the Speedy’s Parties harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your or any Authorized User’s use of the Services, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Governing Law, Dispute Resolution, Arbitration, Venue

IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SPEEDY’S TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SPEEDY’S.  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND SPEEDY’S ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Arbitration Agreement

Any dispute, claim or controversy of any nature arising out of or relating in any way to the use of the Platform, the Services, these Terms and Conditions, or this Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of these Terms and Conditions or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth below (the “Arbitration Agreement”). This Arbitration Agreement applies to you and Speedy’s, and the Speedy’s Parties.  THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

Disputes Excluded from Arbitration

Disputes where the amount in controversy is less than US$5,000 and filed by you or Speedy’s individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual (non-class, non-representative) claim for relief.  In the event of any actual, alleged or threatened violation of confidentiality or violation of the intellectual property or other proprietary rights of Speedy’s  or its licensors , Speedy’s  may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement.  The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

Confidential Proceedings

The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as otherwise may be required by law.

Arbitrator

The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA rules.  The decision of the arbitrator will be final and binding.  Any final award or judgment may be filed and enforced in any court of competent jurisdiction.  The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs.  Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

Place and Governing Law

The place of any Dispute shall be in King County, Washington, unless otherwise agreed to in writing by all parties to the arbitration.  By using the Services, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Speedy’s.

Arbitration Agreement Survival; Severability

This Arbitration Agreement provision will survive the termination of these Terms and Conditions.  Except as set forth in the Sections titled “Place and Governing Law” above and “Class Action Waiver” below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, the entire Arbitration Agreement shall be null and void.  No portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and Speedy’s.

Time Limitation on Claims

The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

Class Action Waiver

YOU AND SPEEDY’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Speedy’s agree otherwise, the arbitrator may not consolidate one or more person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.  If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Assignment

You may not assign your rights under these Terms and Conditions or your relationship with Speedy’s, and any attempted assignment will be null and void.

Severability

Except as set forth under “Arbitration Agreement Survival; Severability,” if any portion of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms and Conditions and the rest of these Terms and Conditions remains in full force and effect.

No Waiver

We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with the Program Policies constitutes the sole and entire agreement of the parties to these Terms and Conditions with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.  In the event of any conflicts between the Program Policies and these Terms and Conditions, the Terms and Conditions will prevail unless a Program Policy expressly states that it supersedes these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and information provided by an agent or representative of Speedy’s or an independent contractor providing service to a user, these Terms and Conditions will prevail.

Questions; Notice to Speedy’s

If you have questions or concerns about these Terms and Conditions, please contact us at [email protected]. You must send notices to us at [email protected] or through any submission forms we make available on the Platform.