Terms of Service

Effective Date: 1-May-2020

These Terms and Conditions (the “Agreement” or “Terms and Conditions”) set forth and govern the terms and conditions of Your access or use of the mobile applications, websites and other services (the “Migo Platform”) made available to You by Migo, Inc, each of its subsidiaries and affiliates (collectively, “Migo”, “We”, “Us” or “Our”) and is a legally binding agreement between you (“You”, “Your” or “User”) and Migo.

Contingent on Your acceptance and compliance with these Terms and Conditions, Migo grants You a limited, non-transferable, non-exclusive, non-assignable and revocable license to access and use the Migo Platform (the “License”).

By accessing or using the Migo Platform, creating an account or otherwise indicating Your acceptance to these Terms and Conditions (whether or not prior to such access, use or registration) and Our Privacy Policy, You indicate that You understand this Agreement and accept and agree to be bound by its terms, in particular the limitations of liability set forth in Section 12, Our Privacy Policy and, if You are located outside of the United States, the arbitration provisions set forth in Section 14.2, to the extent applicable, or, if You are located within the United States, the Arbitration Agreement set forth in Section 14.3, under which You and Migo agree to arbitrate claims instead of going to court and You agree not to participate in class action claims.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, (I) YOU MAY NOT USE OR ACCESS THE MIGO PLATFORM OR REGISTER FOR THE SERVICES PROVIDED ON THE MIGO PLATFORM AND (II) MIGO IS UNWILLING TO LICENSE THE MIGO PLATFORM TO YOU.

The collection and use of Your personal and other information in connection with the Migo Platform is as provided in Our Privacy Policy, which You can locate by clicking here: www.getmigo.com/privacy

  • 1. Services provided by Migo
    • 1.1. The Migo Platform enables Users to compare, select from and/or reserve vehicular transportation (such Migo Platform functionality, the “Booking Services” and such User reservations, the “Bookings”) directly from and with a variety of participating transportation service providers (collectively, the “Suppliers”). For purposes of this Agreement the Booking Services and the vehicular transport (the “Transportation Services”) shall collectively be defined as the “Services”.
  • 2. Acknowledgements
    • 2.1. This Agreement applies to any version of the Migo Platform that You access and use, including any updates or supplements to the Migo Platform. Certain service(s) provided by the Migo Platform may require supplemental terms, in which case, such supplemental terms will be provided in connection with the applicable service(s) or in region-specific disclosures and shall apply in addition to these Terms and Conditions and deemed to be a part hereof with respect to such service(s) (except in the case of conflict between any provision of these Terms and Conditions and any provision of the supplemental terms, in which case the provision of the supplemental terms will control with respect to such service(s) only).
    • 2.2. This Agreement is between You and Migo and no third party providers of services and content shall have any obligations to You with respect of the Migo Platform. However, Apple, Inc. and Google, Inc. (each an “Appstore Provider”) will be third-party beneficiaries to this Agreement if You access the Migo Platform using the Migo Platform developed for such Appstore Provider’s Device, respectively. Upon Your acceptance of this Agreement, any such Appstore Provider shall have the right to enforce this Agreement against You.
    • 2.3. Please read this Agreement carefully to understand Our terms and conditions. In addition, We recommend that You review this Agreement periodically, because We may revise it at any time. The “Effective Date” at the top of this page indicates when this Agreement was last updated. Each amendment will be effective upon Our: (i) posting the amended Terms and Conditions on the Migo Platform or (ii) emailing or sending You a push notification of the change. Your continued use and access of the Migo Platform after the foregoing indicates Your consent to be bound by this Agreement (as amended). In the event of a conflict, the latest of these updates shall be deemed the version in effect. This Agreement may not be otherwise amended except in writing signed by You and Migo.
    • 2.4. From time to time updates to the Migo Platform may be issued through the Appstore Provider. Depending on the update, You may not be able to use the Migo Platform until You have downloaded or streamed the latest version of the Migo Platform and accepted any new terms.
    • 2.5. The Migo Platform may be used on any compatible Android or Apple iOS-powered device (the “Devices”). You represent and warrant that You either are the owner of the Device on which You use the Migo Platform or that You have obtained permission from the owner of any such Device prior to downloading, registering or using the Migo Platform on such Device. You and such owners may be charged by Your and their service providers for internet access on any such Device relating to Your use of the Migo Platform and You accept responsibility in accordance with this Agreement for use of the Migo Platform on or in relation to any such Device.
    • 2.6. You represent and warrant that You have read and understand the Privacy Policy.
  • 3. Terms and Conditions of Suppliers
    • 3.1. Migo does not accept Bookings or act as an agent of or on behalf of Suppliers but rather provides a platform to facilitate Bookings directly between You and Suppliers. YOU HEREBY ACKNOWLEDGE THAT MIGO DOES NOT PROVIDE TRANSPORTATION SERVICES OR OTHERWISE OPERATE AS A PROVIDER OF VEHICULAR TRANSPORTATION. A Booking will give rise to a contract between You and the selected Supplier and You will also be subject to such Supplier’s terms and conditions (the “Supplier’s Terms”). By Booking with such Supplier, You thereby agree to such Supplier’s Terms. A hyperlink to the full-length version of such Supplier’s Terms will also be available on the Migo Platform at the time of Booking with such Supplier, and You are responsible to read and understand such Supplier’s Terms. By Booking with such Supplier, You thereby agree to such Supplier’s Terms.
    • 3.2. The Supplier’s Terms contain important information about Your relationship with the Supplier (and Drivers, as applicable), including matters related to additional charges, cancellation fees, insurance and other matters. Migo is not a party to any contract between You and any Supplier and shall have no responsibility or liability with respect to the provision of Transportation Services or for any acts or omissions by any such Supplier (including, for the avoidance of doubt, the drivers providing the Transportation Service on behalf of any such Supplier (collectively, the “Drivers”)), including but not limited to delays, non-performance, damage or loss to person or property or otherwise. We have no control over the quality or safety of the transportation that occurs as a result of a Booking made on the Migo Platform. We cannot ensure that a Driver is who he or she claims to be or that a Supplier or Driver will actually complete an arranged Booking. In the event of a conflict between this Agreement and any Supplier’s Terms, this Agreement shall prevail. For the avoidance of doubt, payment for Transportation Services made through the Migo Platform will be governed by this Agreement unless expressly stated otherwise.

MIGO HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR OR IN CONNECTION WITH ANY TRANSPORTATION SERVICES PROVIDED TO ANY USER. IT IS UP TO (I) THE PARTICULAR DRIVER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER TRANSPORTATION SERVICES TO A USER THROUGH THE MIGO PLATFORM AND (II) THE USER TO DECIDE WHETHER OR NOT TO ACCEPT SUCH TRANSPORTATION SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY SUCH RESPONSIBILITY OR LIABILITY SHALL BE THE SOLE AND EXCLUSIVE RESPONSIBILITY OR LIABILITY OF THE APPLICABLE DRIVER OR SUPPLIER.

  • 4. Payments
    • 4.1. Payment Authorization. Prior to Your completion of a Booking, Migo or a Supplier may seek authorization on Your authorized payment method of certain amounts related to the Services. This could be a nominal pre-authorization amount or the full estimated amount or destination specific charges. Any such authorization is not a charge, however, the authorization may reduce Your available credit by the authorization amount until Your bank’s next processing cycle.
    • 4.2. Actual Fee. Migo does not charge fees to You. After the Transportation Services have been provided or if any Booking is cancelled prior to the provision of the Transportation Services, Migo will make You aware of the actual fee (inclusive of applicable taxes or other fees, in accordance with applicable law) incurred for the use of or in connection with the Services and this will be automatically charged to Your authorized payment method (each, a “Charge”). You agree that such actual fee may be determined at any time or at multiple times subsequent to the provision of Transportation Services or the cancellation of a Booking and a Charge may occur at any time. For the avoidance of doubt, actual fees shall include all fees or charges as permitted pursuant to the Supplier’s Terms and any other reasonable charges as determined by Migo (such as, without limitation, due to soilage or other damage). Fees displayed within the Migo Platform are an estimate only and may not include taxes, fees or tolls that may be added by the provider. You agree that all final prices are the responsibility of the provider and are not calculated by Migo. You agree that all Charges are due immediately and Migo shall have the right, without further action or consent, to charge Your authorized payment method thereof.
    • 4.3. Cash and In-Vehicle Payment. Some providers on the Migo Platform only accept cash or credit card payment at the time of service provision. Migo will inform you of the potential need to pay outside of the Migo app.
    • 4.4. Refunds. All payments made are non-refundable.
    • 4.5. Promotional Offers. Migo, in its sole discretion, may offer promotions to its Users, which promotions may be subject to certain additional requirements and/or conditions, which can be found on the Migo Platform. Any such promotions are subject to cancellation at any time for any reason and without notice.
    • 4.6. Cancellation Fee. Migo does not charge cancellation fees. However many of Migo’s Suppliers may charge cancellation fees. In the event that a User cancels a Booking, the User agrees to pay any “Cancellation Fee” in accordance with the applicable Supplier’s Terms (see “Terms and Conditions of Suppliers” above).
    • 4.7. Facilitation of Payments. All Charges, as applicable, shall be facilitated through Migo’s Suppliers or a third-party payment processing service.
  • 5. Insurance
    • 5.1. Migo does not purchase insurance policies to protect Users, passengers, third parties or any of their belongings. Insurance information with respect to a Supplier is subject to the applicable Supplier’s Terms.
    • 6.1. The Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that You have the right, authority and capacity to enter into and abide by this Agreement and each Supplier’s Terms.
    • 6.2. You are the sole authorized user of Your Migo account and are responsible for maintaining the confidentiality of any password provided by You or Migo to access and use Your account or the Services. You are solely and fully responsible for all activities that occur under Your password or account. Migo has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You must contact Us immediately.
    • 6.3. Unless otherwise permitted by Migo in writing, You may only possess one account.
  • 7. Term and Termination
    • Either You or We may terminate Your participation in the Migo Platform by removing Your Information at any time, for any reason or for no reason and without notice. If You wish to delete Your account You may do so by emailing us at support@getmigo.com.
    • 7.2. We may also terminate this Agreement if You fail to maintain accurate, complete and up-to-date information in Your account or We are unable to verify or authenticate any information You provide to Us, We believe that Your actions may cause financial loss or legal liability for You, Our Users or Us or subject Migo or You or any other User to regulation by any state or local government or regulatory agency or We suspect that You have engaged in fraudulent activity in connection with the Migo Platform or the Booking Services.
    • 7.3. We maintain sole discretion to prohibit Your use of the Services for any reason.
    • 7.4. We reserve the right, but are not obligated, to investigate and terminate Your use of the Migo Platform or the Booking Services if You have misused the Migo Platform or the Booking Services, behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal or if You have breached any terms of this Agreement.
    • 7.5. Migo has no obligation to provide any credit to You for any costs incurred for use of the Services or the Migo Platform if this Agreement is terminated due to Section 7.2 or Section 7.4 and shall otherwise determine whether to provide any credit on a case by case basis in its discretion.
    • 7.6. Upon the termination of this Agreement:
      • 7.6.1. all rights granted to You under this Agreement shall cease;
      • 7.6.2. You must immediately cease all activities authorized by this Agreement, including Your use of any Services or the Migo Platform;
      • 7.6.3. You must immediately delete or remove the Migo Platform from all Devices and immediately destroy all copies of the Migo Platform; and
      • 7.6.3. You must immediately delete or remove the Migo Platform from all Devices and immediately destroy all copies of the Migo Platform; and
      • 7.6.4. We may remotely access the Devices (including any programs or data therein, as necessary) solely to remove the Migo Platform and cease providing You with access to the Services and may not otherwise access any programs or data in the Devices.
  • 8. Your Information
    • 8.1. Your information is any information You provide, publish, display or send (“post”) to the Migo Platform, any Supplier or in any public message area (including, but not limited to the feedback section) or through any email feature (collectively, “Your Information”). Your Information will be stored on servers controlled by Migo or Our service providers. You consent to Us using Your Information to create a User account that will allow You to make Bookings and as otherwise authorized in Section 11 below. You are solely responsible for Your Information and Your interactions with people in the public. When You create an account, You agree to provide accurate, current and complete information as prompted by Our registration form and to keep Your Information accurate, current and complete at all times. For further details on how We process and use Your Information please see Our Privacy Policy.
    • 8.2. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Migo Platform and to remove any material that, in Our opinion, violates, or is alleged to or may violate, the law or this Agreement or which We believe might be offensive, illegal or that might violate the rights, harm or threaten the safety of Users or others. Notwithstanding this right, You remain solely responsible for Your Information. Emails or text messages sent between You and other Migo Users that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
  • 9. Intellectual Property Rights
    • 9.1. Migo (or its licensors) owns and retains ownership in the Migo Platform and the Booking Services and all intellectual property therein. These rights include and are not limited to database rights, copyright, patent rights, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Migo Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Migo Platform or the Booking Services (“Submissions”) provided by You to Us are non-confidential and shall become the sole property of Migo, and You agree to assign and hereby do assign to Migo all right, title and interest in and to any Submissions. Migo shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
    • 9.2. If You believe, in good faith, that any materials on the Migo Platform infringe upon Your copyrights, please send detailed information of Your claim to support@getmigo.com.
    • 9.3. Notwithstanding anything contained herein, the License is limited by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions www.apple.com/legal/itunes/us/terms.html#APPS (the “Usage Rules”) and in any other applicable usage rules adopted by the applicable Appstore Provider, as the case may be.
  • 10. License Restrictions and Applicable Use Restrictions
    • 10.1. You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations, this Agreement and each applicable Supplier’s Terms.
    • 10.2. You may not and you agree not to:
      • 10.2.1. rent, lease, lend, sell, sub-license, redistribute, adapt or sublicense the Migo Platform;
      • 10.2.2. copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Migo Platform, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law);
      • 10.2.3. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Booking Services or its contents;
      • 10.2.4. permit the Migo Platform or any part of it to be combined with or become incorporated in, any other programs;
      • 10.2.5. use the Migo Platform or any Service in a way that could damage, disable, overburden, impair, interfere, disrupt or compromise Our systems, servers, security or networks connected to the Services or interfere with other users, the Migo Platform or the provision of the Services; or or
      • 10.2.6. introduce, purposefully, negligently or otherwise, any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
    • 10.3. You may not and you agree not to:
      • 10.3.1. transmit or upload any material that is defamatory, offensive, false, misleading, inaccurate or otherwise objectionable in relation to Your use of the Migo Platform or Booking Services;
      • 10.3.2. impersonate any person or entity, “stalk” or otherwise harass any person or express or imply that any statements You make are endorsed by Us, without Our prior written consent;
      • 10.3.3. post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
      • 10.3.4. provide Your Information that is obscene, malicious, defamatory, pornographic or otherwise unlawful or offensive;
      • 10.3.5. “frame” or “mirror” any part of the Migo Platform or the Booking Services or use meta tags or code or other devices containing any reference to Us or the Booking Services or the Migo Platform in order to direct any person to any other web site for any purpose; or
      • 10.3.6. create liability for Us or perform any action that may cause Us to become subject to regulation as a transportation carrier or provider of taxi or other transportation services.
  • 11. Your Information
    • 11.1. You retain full ownership of all Your Information and any intellectual property rights or other proprietary rights associated with Your Information. You warrant and represent to Us that (i) Your Information is posted by You and that You are the sole author of Your Information and (ii) You have the right, license or consent to grant the license set forth herein. By providing Your Information, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicly display, use, copy, perform, display, prepare derivative works of, incorporate into other work Your Information, in any media now known or hereafter derived, in accordance with Our Privacy Policy.
  • 12. Indemnity; Limitation of Liability; Disclaimer
    • You will defend, indemnify and hold Us and Our respective officers, directors, managers, members, employees, agents and advisors harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (i) Your use of the Migo Platform or the Services; (ii) Your breach of this Agreement, the documents it incorporates by reference or each Supplier’s Terms; (iii) Your violation of any law or the rights of any third party, including, without limitation, Suppliers; or (iv) Our use of Your Information.
    • 12.1. EXCEPT AS SET FORTH ABOVE, IN NO EVENT WILL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, LOST DATA, PERSONAL INJURY, EMOTIONAL DISTRESS, NON-PERFORMANCE OR PROPERTY DAMAGE OR LOSS) ARISING OUT OF OR IN CONNECTION WITH MIGO, THE MIGO PLATFORM, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF ADVISED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF MIGO AND OUR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ADVISORS ARISING OUT OF OR IN CONNECTION WITH MIGO, THE MIGO PLATFORM, THE SERVICES OR THIS AGREEMENT (HOWEVER RISING, INCLUDING NEGLIGENCE) IS LIMITED TO THE ADMINISTRATIVE FEE WE COLLECT FROM THE SUPPLIERS AS PART OF THE CHARGE PAID RELATING TO THE EVENTS OR CIRCUMSTANCES TO WHICH THE CLAIM RELATES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, THE LIABILITY OF MIGO AND OUR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ADVISORS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. For the avoidance of doubt, any contact information provided by Us is not intended for emergency calls or situations requiring an immediate response or the involvement of the authorities and You should contact the appropriate authorities directly. We shall not be responsible for any loss, liability or damage resulting from any transaction between You and a Supplier (or Driver) or for any delay or failure by Us to respond to any contact from You.
    • 12.2. The Migo Platform and the Booking Services are offered on an “as is” basis and We and Our officers, directors, employees, agents and advisors disclaim any warranty or condition, express, implied or statutory, other than as set out in this Agreement, including the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not make any guarantee, representation or warranty regarding the accuracy, completeness, reliability, security, timeliness, availability or quality of Your use of the Migo Platform or the Services or that the Migo Platform or the Services will be error-free or uninterrupted.
    • 12.3. To the extent the implied warranties described in the foregoing Section cannot be limited or disclaimed under applicable law, some of the foregoing may not apply to You or You may have additional rights.
    • 12.4. We reserve the right, but have no obligation, to monitor disputes between You and Suppliers and Drivers. We reserve the right to change any and all content, software and other items used or contained in the Migo Platform and the Booking Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Migo or the Migo Platform.
  • 13. Release
    • 13.1. In the event that You have a dispute with one or more Suppliers or Drivers, You hereby release Migo (and Our officers, directors, agents, managers, members, shareholders, employees and agents) from any and all claims, demands, actions, causes of action, damages, losses, costs and expenses, in each case of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, that arise out of or in any way are connected to such disputes or to Your use of the Migo Platform or the Services. You, on Your own behalf and on behalf of Your heirs, successors and permitted assigns, expressly, knowingly and intentionally waive the benefits and rights of Section 1542 of the California Civil Code and any statute, rule, doctrine or common law principle of any jurisdiction of similar effect to Section 1542 of the California Civil Code, which states as follows:
  • “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.”
  • 14. Applicable Law
    • 14.1. The Booking Services and all non-contractual obligations arising in any way whatsoever out of or in connection with this Agreement shall be governed by, construed and take effect in accordance with the laws of the state of Washington unless applicable law requires otherwise, in each case without regard to principles of conflicts of laws.
    • 14.2. If You access or use the Migo Platform outside of the United States, any dispute, claim or matter of difference arising out of or relating to the Booking Services or this Agreement (each, a “Dispute”) shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules; provided that if for any reason the parties are unable to arbitrate in accordance with this Section, such Dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.
    • 14.3. If You access or use the Migo Platform within the United States, any Dispute is subject to the terms of this Section 14.3 (the “Arbitration Agreement”).
      • 14.3.1. Any Disputes shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
      • 14.3.2. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MIGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
      • 14.3.3. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions. You may visit https://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Migo.
      • 14.3.4. The arbitration shall be held in the county in which You reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, You or Migo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
      • 14.3.5. The arbitrator will decide the substance of all Disputes in accordance with the laws of the state of Washington, without regard to its conflicts of laws rules and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Migo Platform users, but is bound by rulings in prior arbitrations involving You to the extent required by applicable law.
      • 14.3.6. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
      • 14.3.7. All aspects of the arbitration proceeding and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
      • 14.3.8. If a court determines that any term or provision of this Arbitration Agreement other than Section 14.3.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision and this Arbitration Agreement shall be enforceable as so modified. If a court determines that any of the provisions of Section 14.3.2 is invalid or unenforceable, the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply. Other than as provided in this Section 14.3.8, this Arbitration Agreement shall survive termination of this Agreement.
  • 15. Confidentiality
    • 15.1. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Migo’s business, operations and properties (“Confidential Information”) disclosed to You by Migo for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Migo in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Migo with regard to any Confidential Information which You can prove was in the public domain at the time it was disclosed by Migo or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Migo; or becomes known to You, without restriction, from a source other than Migo without breach of this Agreement by You and otherwise not in violation of Migo’s rights. In addition, You shall not be in breach of this Section 15 for any disclosure of Confidential Information made pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Migo to enable Migo to seek a protective order or otherwise prevent or restrict such disclosure.
  • 16. No Agency
    • 16.1. You and Migo are independent contractors and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
    • 17.1. Except as explicitly stated otherwise, any notices to Migo shall be by certified mail, postage prepaid and return receipt requested to Migo Inc. Attn. Legal Department, 600 1st Ave, Seattle WA 98104, and any notices to You shall be provided to You through the Migo Platform or given to You via the email address You provide to Migo during the registration process. In such case, notice shall be deemed given 3 days after the date of notice through the Migo Platform or 24 hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Migo during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
    • 17.2. To resolve a complaint regarding the Services, You should first contact Our Customer Service Department through Our support center www.getmigo.com/contact.
  • 18. General
    • 18.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may only be assigned by Migo, in Our sole discretion in accordance with the “Notices; Complaints” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Migo with respect to the subject matter hereof. Sections 1-3, 10, 11 and 13-18 shall survive any termination or expiration of this Agreement.
  • 19. Contacting Migo
    • If You have any questions about these Terms and Conditions, Our Privacy Policy, the practices of Migo or Your dealings with Migo, You may contact Us at Our support center www.getmigo.com/contact.
  • 20. California Residents
    • 20.1. If You are a California resident, please be advised that You may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 928-1227. 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 928-1227.
    • 20.2. The Migo Platform and Booking Services are made available by Migo, Inc, located at 600 1st Ave, Seattle, WA 98104. If You are a California resident, You may have this information sent to You via email by a request sent to support@getmigo.com