Beepi is a service that primarily facilitates sales between private sellers and buyers. As a buyer, Beepi offers you many services and protections, which are described further throughout this Agreement. For example, all vehicles offered for sale to buyers have undergone Beepi's multipart pre-purchase vehicle inspection and meet the safety, registration, and smog requirements imposed by California upon delivery. Subject to certain restrictions, all Beepi vehicles come with a 10-day money back guaranty so that you can return a vehicle for any reason and receive a full refund.

Beepi offers many services to sellers as well. In particular, Beepi will professionally inspect and photograph your vehicle before it is listed. Once a buyer purchases your vehicle, Beepi will pick up the vehicle, pay you, and handle delivery to the buyer. Beepi guarantees that the non-negotiable price it will offer you is higher than the vehicle's value as reported by Edmunds True Market Value. You will retain that price even if a buyer returns the vehicle.

These features are offered subject to certain restrictions, which are described further throughout this Agreement. Moreover, your use of Beepi's Services imposes certain obligations on you, which are described further below. Beepi strongly encourages you to read this Agreement in its entirety.

A. Registration / Modification

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Beepi.com website, you agree that you have read and accepted the terms and conditions of this Agreement. The Agreement consists of all terms and conditions set forth in the Agreement, as well as those set forth in Beepi's Privacy Policy (https://www.beepi.com/Privacy) and any Retail Installment Contract entered into between Beepi, on the one hand, and a seller or buyer, on the other hand, all of which are incorporated by reference herein in their entirety. All Services available at any time on this website are subject to this Agreement. Beepi reserves the right to modify this Agreement at any time. Any such modification will be evidenced by a new effective date. All users of this website, including those who have previously acknowledged their acceptance of the Agreement, will be notified of any modification. Beepi may, in its unilateral discretion, change, restrict access to, suspend, or discontinue this website, or any portion thereof.

B. Intended Use

This website is intended for use only by residents of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accepting this Agreement, you represent and affirm that you meet these requirements. If you are accepting this Agreement on behalf of an organization, you represent that you have the authority to do so.

In compliance with the Children's Online Privacy Protection Act, Beepi does not knowingly or intentionally solicit or collect information from minors, and the Services are not directed at minors.

C. Arbitration and Class Action Waiver

In accordance with the terms set forth in section 10 below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

D. Sale By Private Sellers/Non-Interference

This website serves primarily to facilitate sales between private sellers of and buyers of used vehicles. With certain exceptions addressed at Section 4(A) below, the vehicles offered for sale on the website are offered for sale by the private seller, and not by Beepi. By accepting this Agreement, you represent and affirm that you will not (i) communicate directly with buyers and/or sellers regarding the listed vehicles; (ii) recruit, solicit, or encourage any other user to use third party services or websites that are competitive to Beepi; (iii) use the website or mobile application to find a buyer or listed vehicle and then complete a transaction independent of the website, mobile application, or Services in order to circumvent the obligation to pay any fees related to the Services; or (iv) otherwise interfere with vehicle listings without authorization from Beepi.

In order to use this website and access the Services, you will be required to register for an account on the Beepi website or mobile application (the “Account”). You must provide accurate information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. By registering an Account using your Facebook login credentials, you give us permission to use and publish Facebook information in accordance with the settings you have selected with us and with Facebook.

Beepi is licensed by the California Department of Motor Vehicles as a used car dealer and as anautobroker. As explained more fully below, once a buyer has agreed to purchase and has paid for a particular vehicle offered for sale on this website, Beepi purchases that vehicle from the seller (if Beepi does not otherwise own the vehicle), and then sells and delivers it to the buyer.

We may use a third-party payment processor (the “Payment Processor”) to bill you or compensate you through a payment account linked to your Beepi account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to consummate a transaction with Beepi, you agree to pay us, through the Payment Processor, all charges in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge or credit your chosen payment provider.

A. Selling a Vehicle on this Website.

With certain exceptions addressed at Section 4(B) below, the vehicles listed for sale on this website are offered for sale by private sellers, and not by Beepi. To list a vehicle for sale on the Beepi website, the seller must have possession of the vehicle to be sold, and (i) the ability to transfer title, or (ii) if there is a lien on the vehicle, must have advised Beepi of the lien and must have provided Beepi with the information Beepi would need to satisfy the lien. Seller acknowledges that if he or she provides Beepi with any false, incomplete, or inaccurate information, including but not limited to vehicle or personal information, any contract entered into between seller and Beepi for the purchase of a vehicle by Beepi is null and void and of no force of effect and seller will be responsible to compensate Beepi for any costs, losses or damages resulting from any false, incomplete, or inaccurate information.

In order to list a vehicle for sales on this website, the website will ask you, as a prospective seller, to provide basic information regarding the vehicle, including make, model, year, style and mileage. You will then be asked to schedule an inspection with a Beepi inspector, and to fill in certain identifying information, including your name and the home or office address at which the vehicle will be inspected. During the registration process, Beepi will provide you, as a prospective seller, with the Edmunds True Market Value for your vehicle.

Once you have filled in the required information and scheduled an inspection, Beepi will send one of its inspectors to your home or office to photograph the vehicle inside and out, and to conduct a pre-purchase inspection, including a test drive of the vehicle. The inspector will also verify the vehicle’s make, model, year, style and mileage, and title and registration, and confirm that the seller is the owner of the vehicle. The inspection will be conducted by the Beepi inspector in accordance with Beepi’s multipart pre-purchase vehicle inspection process.

Upon completing the inspection Beepi will, within two (2) business days, email the seller a price it will pay the seller for the car if a purchaser agrees to buy it (the “Guaranteed Price”). Prices are fixed and not subject to negotiation, and are based on a variety of factors, including the market value of the vehicle at the time of inspection as assessed by a third-party appraisal. Beepi will provide a prospective seller with a trade in value for the vehicle that takes into account the results of Beepi’s inspection. Beepi guarantees that the trade in value it offers will be higher than the Edmunds True Market Value. At the same time it advises the seller of the price, Beepi will also advise the seller of the Beepi commission that will be deducted from that price in the event the vehicle is sold. Beepi’s commission is determined on a car-by-car basis, and takes into consideration the value of the car at the time of inspection. Beepi’s commission is not negotiable.

Once the vehicle passes inspection, the vehicle will be offered for sale on the website by the private seller at the Guaranteed Price. In offering a vehicle for sale on this website, the seller (i) represents that he or she has physical possession of the vehicle to be sold and either (a) that he or she has the ability to transfer title, or (b) that he or she has fully disclosed any lien on the vehicle to Beepi, and has provided Beepi with sufficient information to enable Beepi to satisfy the lien, and (ii) agrees that, unless or until seller advises Beepi that the vehicle has been sold, or to cancel his or her listing on the website, the vehicle is available for sale and, as long as the seller is paid the Guaranteed Price, seller will consummate the sale transaction. The seller is free to continue to use the vehicle unless or until a buyer agrees to purchase the vehicle and a sale to that buyer is consummated. The seller may also continue to list the vehicle for sale through other outlets, but it is the seller’s responsibility to inform Beepi immediately if the vehicle is sold. It is also the seller’s responsibility, using www.beepi.com/Dashboard, to inform Beepi of any times during which the vehicle will be unavailable for pickup. For example, the seller must notify Beepi if he or she is going on vacation and will be unavailable to transfer title and possession while away.

Beepi may revise the Guaranteed Price in the event of any post-inspection damage. In such a situation, Beepi may – but is not required to – make the seller a new offer on different terms. It is the seller’s responsibility to inform Beepi immediately if any damage occurs to the vehicle after the inspection by contacting help@beepi.com. Should the seller fail to timely inform Beepi of such post-listing damage, Beepi may, at its sole discretion, remove the listing for the vehicle from this website. The seller also agrees to reimburse Beepi for any costs, losses, or damages suffered as a result, including but not limited to the cost of repair and the cost of any necessary inspection or re-inspection. The nature and extent of any post-incident damage will be determined solely by Beepi, or a third-party working on Beepi’s behalf.

If Beepi and a buyer mutually execute an agreement pursuant to which the buyer will purchase seller’s vehicle from Beepi (the “Retail Installment Contract”)[INSERT HYPERLINK TO RETAIL INSTALLMENT CONTRACT], Beepi will as soon as reasonably practicable, (1) secure the vehicle title from the seller, (2) secure all necessary signatures from the seller to accomplish transfer of title, (3) pay the seller for the vehicle by way of a check issued by Beepi, and (4) pick up the vehicle from the seller. Beepi may remove the seller’s listing from this website if Beepi cannot secure from the seller the title, the vehicle, or the necessary signatures. Assuming the car has not suffered any post-inspection damage, the price paid by Beepi to the seller will be the AgreedUpon Price minus the Beepi commission. Should the buyer return the vehicle to Beepi for any reason, Beepi will retain title and possession of the vehicle and the seller shall retain the price paid to seller. To the extent such a returned vehicle is offered for sale on this website, it will be offered by sale by Beepi. Beepi may also offer for sale on this website vehicles on its premises.

Beepi cannot guarantee that any vehicle listed on the website will be sold. Nor can Beepi guarantee the length of time it will take for any car to sell. Beepi may, in its sole discretion, remove a listing from this website if the car is not sold within thirty (30) days . Alternatively, Beepi may make a new offer to the seller at a revised price point.

B. Buying a Vehicle on this Website.

Following registration for access and use of the Services, a prospective buyer is free to browse the website. For each vehicle offered for sale, the website displays professional photographs and certain characteristics of the vehicle. The photographs displayed are not exemplars, but photos of the actual vehicle offered for sale.

Each of the vehicles offered for sale on this website is certified by Beepi pursuant to its multistep pre-purchase certification process. For each vehicle offered for sale, the website displays a completed inspection report reciting the steps conducted in the certification process, including each of the components inspected, and the status of the vehicle with respect to each step and component.

With respect to any vehicle Beepi sells, Beepi will have complied with all requirements of the California Vehicle Code with respect to (1) checking and making operational certain vehicle parts, (2) odometer disclosure, and (3) smog inspection. Beepi will also make all disclosures required under California and federal law, including under the Federal Buyer’s Guide and California Vehicle Code section 9990. Beepi will publish on this website any third party report it has secured with respect to an individual vehicle. Beepi disclaims any responsibility for the accuracy of any such report.

The sale price at which the seller offers a vehicle for sale on this website is fixed and not subject to negotiation. The prices on the website include title and registration for California residents, the cost of delivery within a 100 mile radius of Palo Alto, California, California smog and document fees and Beepi’s commission. Prices on the website do not include sales or usage tax, delivery outside of a 100 mile radius of Palo Alto, California, non-California title and registration fees, financing charges or extra purchases, including but not limited to an extended warranty.

Once a buyer decides to purchase a particular vehicle, the buyer and Beepi will mutually execute a Retail Installment Contract memorializing the terms of the sale [INSERT LINK]. A buyer can pay for the vehicle by check, credit card, or bank transfer. Payment is due at the time of executing the Retail Installment Contract, and the buyer’s account will be charged immediately. After executing the Retail Installment Contract and verifying funds, Beepi will contact the buyer to arrange for delivery of the vehicle, title, and, within California, registration. All vehicles delivered to a buyer will be free and clear of any liens previously attached to the vehicle.

While Beepi expects to be able to offer delivery within several days of most purchases, there are certain circumstances outside of Beepi’s control that may delay delivery. For example, if the seller is out of town, Beepi may be unable to obtain the vehicle until the seller returns. Accordingly, Beepi cannot offer a guaranteed delivery timeframe at the time of purchase.

Each vehicle sold by Beepi comes with a 10-day money back guaranty. This means that, as long as (i) the vehicle has not been driven more than a total of 1,000 miles or 100 miles for each day the vehicle was in buyer’s possession, whichever is less (the “Mileage Limit”), and (ii) the vehicle is in the same condition it was in at the time of delivery (collectively the “Money Back Guaranty Conditions”), a buyer can, within 10 days of delivery, return the vehicle to Beepi and receive a full refund. As long as the Money Back Guaranty Conditions are satisfied, the buyer may return the vehicle for any reason. Beepi does not offer partial refunds and will not renegotiate the purchase price if the buyer is not satisfied with the vehicle. In the event the buyer is not satisfied with the vehicle for any reason, the buyer may, as long as the Money Back Guaranty Conditions are satisfied, return the vehicle within ten days of purchase and, subject to excess mileage charges described below, receive a full refund.

To the extent the vehicle has been driven beyond the Mileage Limit, the refund given to the buyer will be reduced by $3.00 (three dollars) per mile. To the extent the vehicle has been damaged or is otherwise in worse condition than it was at the time of delivery, Beepi, in its sole discretion, may refuse to refund any portion of the purchase price, or may choose to reduce the refunded amount by the amount required to return the vehicle to its condition at the time of delivery to buyer. The amount of the deduction will be determined solely by Beepi, and Beepi will provide an accounting to the buyer reflecting the amount of any deductions and the reason for each deduction. In the event Beepi refunds the purchase price to a buyer, Beepi, as the owner of that vehicle, may itself offer the vehicle for sale on this website.

As required by California law, each vehicle offered for sale on this website for less than $40,000 also comes with an offer from Beepi, at the prices specified under California law, of a Two Day Cooling Off Period Option. Separate and apart from this option, all Beepi vehicles come with the 10-day money back guaranty described above.

A. Prohibited Actions.

You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of Beepi; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content.

B. Beepi’s Exclusive Right to Manage the User Submissions.

You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Beepi in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. Beepi reserves the right to treat User Submissions as content stored at the direction of users for which Beepi will not exercise control except to block or remove content that comes to Beepi’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Beepi, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to Beepi’s attention. However, Beepi shall not be responsible for controlling or editing any content, and Beepi has no contractual obligation to remove inappropriate or unlawful content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of content.

C. License to Beepi of Your User Submissions.

You hereby grant to Beepi, and you agree to grant to Beepi, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to Beepi to your User Submissions, you also hereby grant to Beepi, and agree to grant to Beepi, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against Beepi for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this section.

D. Representations and Warranties Related to Your User Submissions.

Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant Beepi the rights to it that you are granting by this Agreement, all without any obligation to obtain consent of any third party and without creating any obligation or liability of Beepi; (B) the User Submission is accurate; (C) the User Submission does not and, as to Beepi’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.

E. Responsibility of Users.

You are entirely responsible for the content of, and any harm resulting from, your User Submissions. Beepi does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.

Beepi designed this website to meet your used car purchase and sale needs by providing you with accurate and up-to-date information about Beepi's inventory. Despite our best efforts, however, it is inevitable that some inaccuracies may be present. Additionally, photographs of automobiles found on the Beepi website are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. Beepi will not be responsible for errors found on this website, including but not limited to pricing errors or an incorrect statement of accessories on a particular vehicle.

Beepi reserves the right to change product pricing without notice.

All information contained in this website, unless otherwise stated, is owned solely and exclusively by Beepi. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Beepi has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Beepi; however, vehicle information may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other "hidden text" utilizing Beepi's name or trademarks without the express written consent of Beepi. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

Beepi is a registered trademark or service mark of CarSavvy, Inc. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by Beepi or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beepi.

BEEPI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BEEPI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. BEEPI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE BEEPI WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

A. In General.

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Beepi agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.

B. First -- Try to Resolve Disputes and Excluded Disputes.

If any controversy, allegation, or claim arises out of or relates to the Services, the content available through the Services, your User Submissions, or this Agreement (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this section. Your notice to us must be sent to: hello@beepi.com. For a period of 60 days from the date of receipt of notice from the other party, Beepi and you will engage in a good faith dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Beepi to resolve the Dispute on terms with respect to which you and Beepi, in each party’s sole discretion, are not comfortable.

C. Forums for Alternative Dispute Resolution.

If we cannot resolve a Dispute as set forth in above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this section.

Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Beepi elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer of Beepi consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.

You can obtain AAA and JAMS procedures, rules, and fee information as follows:

D. Nature, Limitations, and Location of Alternative Dispute Resolution.

In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in San Mateo, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Beepi shall have the right to elect to proceed to arbitration in such location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Beepi to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then Beepi will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

E. Limited Time to File Claims.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH ABOVE, WHERE FEASIBLE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

F. Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action taken by Beepi to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the content available through the Services, your User Submissions and/or Beepi’s intellectual property rights, Beepi’s operations, and/or Beepi’s products or services.

G. Small Claims Matters Are Excluded from Arbitration Requirement.

Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes in small claims court.

H. No Class Action Matters.

You and we expressly agree that any Dispute is personal to us, and any such Dispute shall only be resolved by an individual arbitration. Neither party agrees to class arbitration, or an arbitrationwhere a person brings a Dispute as a representative of any other person or persons. Neither you nor we agree that a Dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons. The parties agree that a Dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding.

I. Federal and State Courts.

Except to the extent that arbitration is required above, any action or proceeding relating to any Dispute may only be instituted in state court in San Mateo County, California or federal court in San Francisco, California. Accordingly, you and Beepi consent to the exclusive personal jurisdiction and venue of such courts for such matters.

J. Applicable Law.

This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflict of law provisions.

All information submitted to Beepi through our website becomes and remains the property of Beepi. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Agreement and our Privacy Policy.

In the event you violate or attempt to violate any part of this Agreement, Beepi reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit in accordance with the section above or criminal prosecution for any and all alleged or actual illegal activities involving this website.

You agree to indemnify, defend, and hold harmless Beepi from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

In the event any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Agreement, including all documents incorporated herein by reference, represents the entire agreement governing your use of this website, the mobile app, or the Services. This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 15.

Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of Beepi; or (B) as set forth in the next paragraph.

You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the Beepi.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on Beepi.com the first time that you visit Beepi.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. If you have not already done so, please register the appropriate email address at http://www.beepi.com/Dashboard. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on Beepi.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.

This site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. Unless specifically stated otherwise, we make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification. Please bring to our attention any materials or information that you believe to be inaccurate by forwarding to [insert] both the information you believe to be inaccurate, and the basis for that belief.

The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and Beepi is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of Beepi and, as such, Beepi is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on Beepi does not imply an endorsement or recommendation by Beepi. Beepi is not responsible for any form of transmission received from any link, nor is Beepi responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in c1onnection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

Any and all rights not expressly granted to you in this Agreement are hereby reserved by Beepi.