Terms and Conditions
Last updated October 2nd, 2024
Website Terms & Conditions
Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “TEMPO” or “us” or “we” or “our” refers to TEMPO Technology, Inc. the owner of the Web site. The term “you” refers to the user or viewer of our Web site.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site or the content provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Service Marks.
"Tempo", "ridetempo.co", “hellotempo.com”, "tempo.bike", and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service.
Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.
Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at hi@ridetempo.co.
Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
Membership Terms & Conditions
These terms and conditions (the "Terms") govern your membership (a "Membership") with Tempo Technology, Inc. (“Tempo”, “we”, “our”, “us”). Purchase or use of any Tempo Membership at any time subjects the purchaser or user ("you," "your," "yours," “their”, "Member") to the provisions of these Terms, as amended from time to time. References to “Tempo”, “we”, and “our” shall be deemed to include Tempo, its affiliates and subsidiaries.
By accessing and/or using your Membership, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use your Membership.
THESE TERMS INCLUDE (1) AN AGREEMENT TO RESOLVE ANY DISPUTES IN BINDING, INDIVIDUAL-ONLY ARBITRATION (2) A JURY TRIAL WAIVER AND (3) A CLASS ACTION WAIVER, AS DETAILED IN SECTION 7 BELOW, "DISPUTE RESOLUTION AND CLASS ACTION WAIVER".
YOUR MEMBERSHIP IS NOT AN INSURANCE CONTRACT, AND THE MEMBERSHIP PRODUCTS, INCLUDING THEFT PROTECTION, ARE NOT INSURANCE. THIS CONTRACT DOES NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW.
MEMBERSHIP
Membership Information and Membership Types
We may offer multiple Membership types. Member benefits vary depending on your Membership type. Membership is subject to our approval and acceptance. Membership eligibility, fees, services and benefits are subject to change without notice. In the event of any changes, the Member Benefits section of our website: https://www.hellotempo.com (the “Site”) will be updated. You will not be required to pay any sum, other than your Membership fee and any amount otherwise communicated to you for any specific services. Member benefits commence upon receipt of your payment by us with the exception of Roadside Assistance benefits which will be available 24 hours following receipt of payment.
Eligibility and Conditions
You must be at least eighteen (18) years old to purchase a Membership. By agreeing to these Terms you represent and warrant to us: (a) that you are at least eighteen (18) years old; (b) that you have not previously been suspended, removed or deactivated from a Membership; (c) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and (d) that your registration and your use of the Membership is in compliance with any and all applicable laws and regulations.
Membership Benefits
All Members receive access to their account at hellotempo.com and the Tempo mobile application (the “App”). Members who meet the eligibility requirements and have paid the required Membership fee are entitled to Premium or Paying Member benefits. Premium or Paying Memberships provide Membership benefits in addition to those provided to Basic Members. Upgrades to Premium or Paying Membership must be paid in full at the time of upgrade transaction.
PRIVACY
Please read the Tempo Privacy Policy available at https://hellotempo.com/privacy-policy carefully for information relating to our collection, use, and disclosure of your personal information. By accessing or using your Membership you agree to Tempo’s Privacy Policy.
Please note that we share your information with our Service Providers as defined below to enable them to provide some of the Member benefits and/or to make goods and services available for your purchase. Please also note that we may collect information regarding any device through which you access the App (an “Authorized Device”), such as IP address, mobile network provider (“Mobile Provider”), mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of an Authorized Device, or other device-identifying information. We may also collect precise geolocation data from or about your Authorized Device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy and includes providing services and benefits to you based on your location. Photos of your bicycle that you send to Tempo during registration may be published by Tempo on our website or social media channels. If you do not wish for photos of your bicycle to be published, notify us at support@hellotempo.com.
PREMIUM OR PAYING MEMBERSHIP PRODUCTS
The following additional products may be available to Premium or Paying Members depending on Membership type:
THEFT PROTECTION
Theft Protection is a set of labels or badges that adhere to the frame of your bike. The badges have a unique ID as well as a QR or stenciled anti-theft phone number. Theft Protection registers your bike with theft recovery databases, provides a unique website for your bike which can be used to inform people about your bike’s theft protection or inform them that the bike is stolen and provide the means to contact Tempo about your bike in order to expedite its return to you. Theft Protection is warranted to protect your bike, and in the event your bike is stolen and not recovered, you can file a claim for up to $2,500, or the original retail price of the bike. Terms and conditions apply. See below for details.
Limited Warranty Benefits up to $2,500 & 3 Years.
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
Warrantor: Vehicle Administrative Services, Ltd. • 5001 Spring Valley Road, Suite 350W, Dallas, TX 75244 • (855) 366-3179 (toll free)
1) THIS LIMITED WARRANTY REPRESENTS THE ENTIRE AGREEMENT BETWEEN VEHICLE ADMINISTRATIVE SERVICES, LTD. (WARRANTOR) AND REGISTERED OWNER (YOU/YOUR) AND CANNOT BE MODIFIED OR AMENDED IN ANY WAY WITHOUT PRIOR WRITTEN CONSENT OF WARRANTOR. NO ONE OTHER THAN WARRANTOR MAY REPRESENT THE COMPANY WITH REGARD TO ANY PROVISIONS IN THIS LIMITED WARRANTY. THIS IS A LIMITED PRODUCT WARRANTY AND IS NOT INSURANCE. WARRANTOR WARRANTS THAT WHEN BIKE-TRACE PRODUCTS ARE PROPERLY APPLIED TO YOUR BICYCLE'S (BIKE) DESIGNATED SURFACES, THE BIKE IS GUARANTEED AGAINST THE HAZARDS LISTED UNDER THE “LIMITED WARRANTY TERMS” SECTION OF THIS REGISTRATION. WARRANTOR WARRANTS THAT SHOULD THE PRODUCT FAIL TO PERFORM AS STATED, WARRANTOR WILL PAY TO REMEDY AS STATED IN THE “LIMITED WARRANTY TERMS” SECTION BELOW.
2) LIMITED WARRANTY TERMS: The registered Bike with Bike-Trace properly applied, will deter Bike theft. This Limited Warranty will be effective for a period of three (3) years beginning with the Bike's original purchase registered Bike Owner. If during the active term of this Limited Warranty Your Bike is stolen and all other conditions are met, Warrantor will reimburse You up to two thousand five hundred ($2,500) dollars, toward Your purchase of a replacement Bike. The amount of benefit that you will be entitled to will be determined as the result of your registered Bike with Bike-Trace protection product installed having been stolen and not recovered (by Police, the Owner, or the Insurance company) or stolen, recovered and deemed a constructive total loss within forty-five (45) days from its theft. Benefit amount will be the lessor of the Actual Retail Purchase Price of the Bike or two thousand five hundred ($2500) dollars.
3) CONDITIONS OF LIMITED WARRANTY EFFECTIVENESS: Warrantor must receive this registration within sixty (60) days of the sale date as listed on the front of this registration to become effective. It is at Warrantor’s sole discretion to accept or decline a registration after sixty (60) days of date of sale. Warrantor may require proof of application to approve any registration.
4) EXCEPTIONS TO THIS LIMITED WARRANTY: This Limited Warranty does not apply to theft under the following conditions:A) Theft by Your family members or any other persons who might have access to Your Bike.B) Theft outside the U.S. or Canada.C) Your Bike was left unlocked/unsecured.D) Illegal acts, misrepresentation and or fraud by You, whether directly or indirectly involved.E) You fail to submit claim to Warrantor within forty-five (45) days of the date of theft.F) Your Bike is recovered within forty-five (45) days of the date of theft and is not ruled a constructive total loss due to theft.G) Losses caused by riots, war, acts of war, acts of God, government seizure or destruction, any loss other than theft. Warrantor is not liable for consequential, punitive or incidental damages. Your rights vary from state to state and may not allow this exclusion and you should be aware of the laws in your state governing this and other limitations made under this Limited Warranty.H) Any aftermarket parts or accessories.
5) LIMITATIONS OF LIABILITY & LEGAL RIGHTS NOTICE: WARRANTOR SHALL NOT BE LIABLE FOR INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, LOSS OF USE OF THE VEHICLE, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACT OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WARRANTOR DOES NOT AUTHORIZE ANY PERSON, ENTITY OR FACILITY TO CREATE FOR IT ANY OTHER GUARANTEE OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
6) CLAIMS PROCEDURE: In order to be valid, a claim in connection with a registered Bike-Trace Limited Warranty must be submitted in writing during the effective term. A claim must also be submitted within forty-five (45) days of date of theft. Claims can be submitted by contacting the Customer Service Department at (855) 366-3179, or by sending the following document copies: Police Report filed within ten (10) days of theft to Email: ClaimsTeam@vehicleadminservices.com, Mail: Vehicle Administrative Services, Ltd., Attention: Limited Warranty Claims Department, 13901 Midway Road, Suite 102-429, Dallas, TX 75244-4388. Fax: (972) 455-3992.
7) CANCELLATION: This Limited Warranty is non-cancelable.
8) PROGRAM UNDERWRITING: This agreement is a Limited Warranty and Product Guarantee, not an insurance policy. The obligations under this Agreement are insured by a warranty reimbursement insurance policy issued by American Banker’s Insurance Company of Florida, P.O. Box 21647, St. Petersburg, FL 33742. If Warrantor or Dealer fails to perform or make payment under the terms of the Agreement within sixty (60) days after your request of performance or payment, you may apply directly to the insurer at (866) 306-6694 (toll free).
9) PRIVACY POLICY: The Warrantor uses and protects any information that you provide when you purchase this product. By purchasing the product, you authorize the Warrantor to contact you by email, telephone, or mail regarding the status of the coverage term hereunder and any renewal options, claims made by you for benefits under this product, and the addition or discontinuation of services and products covered by this product. You may withdraw this permission at any time by providing notice of such withdrawal to the Warrantor as set forth herein. The Warrantor may also do the following with information included in this product document: internal claims administration; provide your information to the insurance provider and/or Warrantor for additional claims administration functions; use information to improve products and services; use your information for internal market research. The Warrantor has implemented procedures to safeguard information collected in this product document. Images of this product document will be stored digitally on secure servers. Digital images will be substituted for Warrantor 's physical copy of the product document. The Warrantor intends to store all digital images for a period of up to seven (7) years or through the expiration of the coverage term of the product, whichever is greater. To learn more about how Vehicle Administrative Services, Ltd. use your information, please visit their website at: https://vehicleadminservices.com/privacy-policy/.
STATE PROVISIONS:
Arizona: In the State of Arizona, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Limited Partnership
Arkansas: In the State of Arkansas, Vehicle Administrative Services, Ltd. operates under the name of VAS Service Contract Provider, LP DBA Automotive Contract Administrator, LP.
California: In the State of California, Vehicle Administrative Services, Ltd., operated under the name of VAS Service Contract Provider. This agreement is a product warranty and is not insurance. It is not subject to state insurance laws but is subject to state law concerning warranties. In the State of California, this Limited Warranty Agreement is for Product registration. Failure to complete and return the customer registration form for this Limited Warranty Agreement does not diminish Your rights under this Limited Warranty.
Connecticut: In the State of Connecticut, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Limited Partnership
District of Columbia: In the District of Columbia, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, L.P.
Delaware: In the State of Delaware, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Ltd., LP
Hawaii: For unresolved complaints concerning a registered warrantor or questions concerning the regulation of a warrantor may be addressed to the Hawaii Department of Commerce and Consumer Affairs Insurance Division at 335 Merchant Street, RM. 213 Honolulu, HI 96813, (808) 586-2790.
Idaho: In the State of Idaho, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Ltd., a Limited Partnership
Indiana: In the State of Indiana, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, LP
Iowa: In the State of Iowa, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Ltd., LP
Massachusetts: In the State of Massachusetts, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Limited Partnership THIS AGREEMENT IS A PRODUCT WARRANTY AND IS NOT INSURANCE.
Michigan: In the State of Michigan, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Limited Partnership
Minnesota: In the State of Minnesota, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
Mississippi: In the State of Mississippi, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP. Regulated by the Mississippi Motor Vehicle Commission, 1755 Lelia Drive, Suite 200 Jackson, MS 39216, 601-987-3995
Missouri: In the State of Missouri, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
Montana: In the State of Montana, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, a Limited Partnership.This contract is not insurance and is not subject to the insurance laws of this state.
New Mexico: In the State of New Mexico, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
New Jersey: THIS AGREEMENT IS A PRODUCT WARRANTY, NOT INSURANCE, AND IS UNDER THE PURVIEW OF THE DIVISION OF CONSUMER AFFAIRS. For questions regarding this Warranty contact the New Jersey Office of the Attorney General, Division of Consumer Affairs, 124 Halsey Street, Newark, NJ 07101, (973) 504-6200, www.njconsumeraffairs.gov. For questions regarding the warranty reimbursement insurance policy contact The New Jersey Department of Banking and insurance, 20 West State Street, PO Box 325, Trenton, NJ08625, (800) 446-7467, www.state.nj.us/dobi/index.html. In the State of New Jersey, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Limited Partnership
New York: In the State of New York, this warranty is not available.
North Carolina: In the State of North Carolina, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Ltd, LP
North Dakota: In the State of North Dakota, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP The Limited Warranty vehicle protection expenses will not duplicate any benefits or expenses paid to the holder by the insurer providing comprehensive coverage on the covered vehicle.
Ohio: In the State of Ohio this vehicle protection product warranty is not subject ot the insurance laws of this state, contained in Title XXXIX of the Ohio Revised Code. This warranty may not include all of the benefits or protections of an insurance policy that includes theft coverage issued by an insurer authorized to do business in Ohio.
Oklahoma: In the State of Oklahoma, Vehicle Administrative Services, Ltd. operates under the name VAS Service Contract Provider, LP
Oregon: Any unresolved complaint concerning a registered provider or questions concerning the regulation of a provider may be addressed to the Oregon Insurance Division Consumer Advocacy Unit located at 350 Winter Street, NE, Rm 410, PO Box 14480, Salem, OR 97309-0405, (503) 947-7984 or (888) 877-4894.
Rhode Island: In the State of Rhode Island, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
South Carolina: In the State of South Carolina This warranty is not insurance and payments or reimbursement under this warranty may not exceed five thousand dollars.
South Dakota: In the State of South Dakota, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
Tennessee: In the State of Tennessee, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Limited Partnership.
Utah: In the State of Utah, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP This vehicle protection product warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department at 4315 S. 2700 W., Suite 2300, Taylorsville, UT 84129, https://insurance.utah.gov, or (800) 439-3805 (toll free). The warrantor under this vehicle protection product warranty will reimburse the warranty holder as specified in the warranty and at the end of the time period specified in the warranty if, following the theft of the vehicle, the stolen vehicle is not recovered within a time period specified in the warranty, not to exceed thirty (30) days after the day on which the vehicle is reported stolen. Coverage afforded under this warranty is not guaranteed by the Property and Casualty Guaranty Association. Car Rental Reimbursement is not available in the State of Utah and that the Benefit Amount will not be reduced if the actual cash value of the Vehicle is less than five thousand ($5,000) dollars. Section (4)(F) does not apply in the State of Utah. In the State of Utah, the recovery period in Section (4)(G) is thirty (30) days.
Vermont: In the State of Vermont, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Limited Partnership.
Virginia: In the State of Virginia, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Ltd., LP. If any promise made in the contract has been denied or has not been honored within sixty (60) days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Washington: In the State of Washington, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP.
Wyoming: In the State of Wyoming, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, a Limited Partnership.
ROADSIDE ASSISTANCE
Roadside Assistance service (“Roadside Assistance”) is available 24 hours a day/7 days a week and is designed to assist you when your bike cannot be ridden and therefor must be transported back to your home or a bike shop for repairs. Roadside Assistance is not available to transport your bike if your bike is currently located at your home. You may request Roadside Assistance through the Tempo App. Roadside Assistance is available only to a Member who is the rider of the bike at the time of the bike disablement. Roadside Assistance is not available to non-Members riding a Member’s bike, even if that person resides in the same household. Roadside Assistance does not include parts, labor, materials or storage associated with repairs, which are at your expense. We cannot guarantee that all bike shops stock parts or are equipped to service or repair every make and model of bike, nor can we guarantee the availability of any repair service after regular business hours or on weekends.
If your bike cannot be ridden, including as a result of an accident, it will be transported up to thirty (30) miles up to two times per Membership year at no charge to you. You are responsible for charges which result from exceeding the 30-mile allotment at current rates, plus any applicable taxes on the cost of exceeding the 30-mile allotment. Rates are subject to change in Tempo’s sole discretion. Transport rates in certain states may be subject to tax, which is your responsibility.
If, for any reason, roadside assistance cannot be dispatched, you can receive authorization from Tempo to use an alternative transportation service of your choice. Upon presentation of receipts and a photo of your bike being transported by the service you chose to support@hellotempo.com, Tempo shall reimburse you up to $100.
Tempo’s bike transportation providers may not be prepared and/or qualified to transport you or any passengers you were carrying on your bike. Should you not be able to travel in the same vehicle as your bike you may request, at the time of your roadside assistance request, reimbursement for personal transportation through a taxi, Lyft, or Uber up to $50.
Tempo’s transportation providers can only travel on normal access roads. If your bike is on a trail or mountain, you will have to bring the bike to the access road to meet the transportation provider.
In instances when the bike becomes disabled while towing a trailer, transportation will also be provided for the trailer; however, you may be required to pay for trailer transportation.
At the scene of an accident, any additional equipment or manpower required to provide towing will be at your expense.
You may be required to pay storage charges if you elect to leave your bike at a bike shop or other service location overnight.
Roadside assistance will only be provided for a covered bike disablement and will not be provided for purposes of transporting bikes due to purchase, sale, auction, exhibition, charitable donation, relocation or other similar situations.
Delays may occur when a substantially greater than normal number of Members call for transportation at the same time. This situation is usually caused by adverse weather, unusual traffic or other conditions over which Tempo has no control. During these periods of peak demand, Tempo may prioritize certain service requests. Transportation services to your choice of destination or long- distance tows may be delayed. In certain circumstances, all towing services may be temporarily suspended.
Lock Out Reimbursement
If you lock up your bike and require a locksmith to cut the lock for whatever reason, you may submit receipts for reimbursement up to $50.00 for services rendered by a licensed locksmith.
Additional Terms
The following additional terms apply to Roadside Assistance:
A Member in good standing must be with the disabled bike at all times.
A Member must have a valid Membership, and a government issued identification must be shown at time of service. If a Member does not have a valid Membership or a government issued identification at the time Roadside Assistance is requested, we may decline to provide you Roadside Assistance. If we do provide you with Roadside Assistance absent a valid Membership or government issued identification, you may be required to pay at the time Roadside Assistance is rendered. You may submit the invoice to Tempo for reimbursement consideration. If we agree to reimburse you, such reimbursement may be based on rates in effect between Tempo and its independent contractors from time to time and not the invoice submitted by you.
After the Roadside Assistance call has been completed, you may be required to sign a service slip acknowledging that Services were rendered by Tempo’s Service Provider.
If you determine that the bike no longer needs Roadside Assistance before the Roadside Assistance provider arrives, contact us to cancel the Roadside Assistance you requested. If you fail to contact us, the Roadside Assistance will be counted towards your Member benefits.
We make no representations or warranties that we will provide Roadside Assistance within a specified time.
Roadside Assistance is only available for your registered bike. You are not eligible to receive Roadside Assistance for any other vehicle. If you replace your bike, please update the your bike in the Tempo app to ensure you are eligible for Roadside Assistance on the correct vehicle.
We utilize Service Providers (as defined below) to provide Roadside Assistance and cannot control the manner in which those Service Providers provide Roadside Assistance. Accordingly, we are not liable for any claims, damages, causes of actions, suits, or demands (“Damages”) arising out of any act or omission of our Service Providers. All Damages are the responsibility of the Service Provider. In the event of a dispute between you and a Service Provider, we may assist by mediating the dispute, but are not responsible for the actions of Service Providers.
Without limiting any rights or remedies, we may seek reimbursement from you where Roadside Assistance was fraudulently or wrongfully obtained.
Roadside Assistance may not be used as a substitute for regular maintenance necessary to keep your bike in good operating condition.
Your individual Membership may not be used by a business or other organization to provide Roadside Assistance for its customers, employees or bikes.
Roadside Assistance will only be provided when it is safe to do so and where it is legally permitted.
You are permitted two (2) Roadside Assistance calls per Membership year. We reserve the right to impose surcharges and/or Roadside Assistance limitations, downgrades of a Membership type or cancellation of your Membership, without prior notification. If you require more than two (2) Roadside Assistance calls in any single Membership year, you will be required to pay for Roadside Assistance at prevailing rates.
The following vehicle types are excluded from Roadside Assistance: any four-wheeled vehicle, including cars, SUVs, trucks, ATVs, and golf cars; motorcycles; unattended bicycles; and bicycles secured with a lock for which no key is available at the time of the Roadside Assistance.
DISCOUNTS
Discounts (if applicable) are valid with participating Service Providers. Certain restrictions may apply. Discounts may be added or deleted and the level of discounts are subject to change at any time without notice. Visit the Tempo App for discount listings, codes and restrictions.
THIRD PARTIES
Third-Party Service Providers
We partner with third-party service providers (“Service Providers”) who offer products and services to you. In most cases, we act as an intermediary between you and the Service Providers. By purchasing products and/or using services, you license and authorize Tempo to share your information with such Service Providers and to access information maintained by such Service Providers on your behalf as your agent, and you expressly authorize such Service Providers to disclose your information to Tempo.
Products or services that you purchase through your Membership are provided directly by the Service Providers. TEMPO MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING SERVICE PROVIDERS. We are not responsible for the actions or inactions of the Service Providers, their breach of contract, their failure to comply with any laws, or any intentional or negligent actions or omissions on the part of such Service Provider or Service Provider’s subcontractors, which may result in any loss, damage, delay, inconvenience or injury to you. In no event shall we be liable for any damages in connection with a product or service obtained by you from a Service Provider.
Third-Party Websites and Content
The App or Site may contain (or you may be sent via the App or Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties including Service Providers (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App or Site or any Third-Party Content posted on, available through, or installed from the App or Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App or Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the App or Site or relating to any applications you use or install from the App or Site. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
OTHER PROVISIONS
Membership Information and Communication
We expect you to submit and maintain accurate and current information in connection with your Membership. Such information includes name, address, email address, mobile phone number and date of birth. You consent to Tempo calling and/or texting you on the telephone number you have provided using an autodialed and/or prerecorded or artificial voice message to provide you with transactional information regarding your Membership. You are not required to agree to receive prerecorded or artificial voice messages and, if applicable, calls to your wireless phone, as a condition of your Membership. Periodically, we will utilize the National Change of Address (NCOA) system as well as other available databases and information to update your information. You can change your account information in the App by updating your profile.
To access your Membership information via the App, you will be required to create a login username and password. We cannot assume any liability for correspondence, mail or email that is lost, delayed, or misdirected.
To obtain Membership benefits, the name on your Membership must match the name on your valid government issued identification.
We or our partners may offer you a Membership as part of a promotion at no or a discounted cost to you (“Promotional Membership”). Except as otherwise specified in the promotional materials, any Promotional Membership provides all Membership benefits in accordance with these Terms. Membership products and services may vary depending upon your geographic location. Membership fees may change without notice.
Term
Your annual Membership term (“Term”) will commence upon our receipt of payment of Membership fee and will expire on the day after your one-year anniversary date or on the date of expiration of a paid or Premium membership benefit, such as Theft Protection, whichever is later. Payment received more than fifteen (15) days following the Expiration Date or at the request of the Member causes a new Membership to be established with a new Expiration Date and may result in charges such as nonrefundable enrollment and same-day service fees which must be paid in full prior to receiving service. A grace period of fifteen (15) days follows the Expiration Date in which all Member benefits, including Roadside Assistance, are available; provided Membership fee must be paid prior to Roadside Assistance. Your Membership Expiration Date may be extended upon your request subject to our prior written approval, which may be granted in our sole discretion. If we agree to extend your Membership Expiration Date, you may be charged prorated Membership fee for the Term of your Membership extension. Membership is valid up to and including your Membership Expiration Date.
Payment
Payment in full for your Membership is due upon joining. Depending on when you join and your Expiration Date, your payment may include extra days for the first period of Membership for which there is no charge. Prior to the Expiration Date of your Membership, you will receive a notice of renewal for the subsequent period. Renewal Membership payment is due in full before your current Membership Expiration Date. Membership can be canceled at any time, but Members are not eligible for refunds for a partial year of service.
Automatic Renewal
By selecting the automatic renewal option, you authorize Tempo to renew your annual Membership at your current Membership type (Basic or Premium) at prevailing rates up to thirty (30) days in advance of your Membership Expiration Date by charging the credit/debit card you have provided to us. We may use databases and other information to ensure that your credit card information is up to date. In advance of your Expiration Date and before you are charged, Tempo will provide notice of the automatic renewal.
Cancellation; Termination
You have the right to cancel your Membership at any time. Members will not be eligible for a refund for a partial year upon termination/cancellation. If your Membership is cancelled for any reason and you wish to rejoin, you may not retain your tenure as a Tempo Member.
We may terminate or downgrade your Membership, without notice, for any reason, in which case we will provide you with a pro rata refund of your Membership fee less any other amounts owed to us.
We may terminate any or all, or portions thereof, of the benefits and services available under Membership at any time with or without notice.
Upon Membership termination, all Membership benefits shall cease.
Member Social Media
We maintain certain social media sites. Should you post any content to our social media sites, you consent to our use and/or re-post of such content in any media, including marketing materials, at our sole discretion. We also reserve the right to remove any posts to our social media sites, in our sole discretion.
Territory
Tempo services are available in the United States.
Disclaimers; Limitation of Liability
THE MEMBERSHIP BENEFITS AND SERVICES ARE PROVIDED ON AN "AS AVAILABLE" BASIS.
TEMPO AND ALL OF ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, INDEPENDENT CONTRACTORS AND AGENTS (COLLECTIVELY "INDEMNIFIED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Changes to Terms
We may change these Terms at any time without liability following notice to you by email. Any change shall take effect immediately, unless otherwise provided.
DISPUTE RESOLUTION AND CLASS ACTION WAIVER
Dispute Resolution
You and Tempo ("the Parties") agree to use our respective best efforts to settle any claim, dispute, or controversy arising out of, relating to, or connected in any way with Memberships, programs, products, services, payments, renewals, communications, or anything described by or related to these Terms (each a "Dispute") directly through consultation and good faith negotiations, which shall be a precondition to either Party initiating a lawsuit or arbitration ("Action"). If you have a Dispute with us, you must send an individualized, written notice describing the Dispute to us via email to support@hellotempo.com. If we have a Dispute with you, we will send a written notice to you using the contact information we have for you. Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Dispute covered by these Terms. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the voluntary dispute resolution process required by this paragraph. If the Dispute is not resolved within 60 days of the opposing Party receiving the notice, then either you or we may proceed with an Action. Failure to complete the voluntary Dispute resolution procedures is grounds for dismissal of any Action. If a Party brings an Action without following the voluntary Dispute resolution procedures, such Party is required to pay any reasonable costs and fees of the other Party.
All Disputes will be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms and with respect to any dispute. You and Tempo expressly delegate to the arbitrator the authority to determine the arbitrability of any dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. All Disputes will be resolved by arbitration in San Francisco, California before one arbitrator.
The Parties agree to submit the dispute to binding arbitration in accordance with the Consumer Arbitration rules of the American Arbitration Association (“AA Association”) then in effect. Except as otherwise provided herein, the arbitrator will apply the substantive laws of the State Courts of California and United States District Court of the Northern District of California, without regard to conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a Party, the Parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the Parties do not agree on an arbitrator within ten (10) calendar days, a Party may petition the AA Association to appoint an arbitrator, who must satisfy the same experience requirement. The arbitrator will decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (the “FAA”). The Parties also agree that the AA Association’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator will be final and binding, and no Party will have rights of appeal except for those provided in section 10 of the FAA. Each Party will bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator will have the power to order one Party to pay all or any portion of such fees as part of a well-reasoned decision. The Parties agree that the arbitrator will have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator will have no authority to award punitive damages and each Party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. Except as may be required by law, neither a Party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both Parties, unless to protect or pursue a legal right. If any term or provision of this agreement to arbitrate is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this agreement to arbitrate or invalidate or render unenforceable such term or provision in any other jurisdiction.
The arbitration shall be conducted via electronic or telephonic means, unless the arbitrator believes, in the interests of justice, that the arbitration should be conducted in person. If the Party seeking arbitration fails to appear at the administrative conference regardless of whether such Party's counsel attends, the Arbitrator will administratively close the arbitration proceeding without prejudice, unless such Party shows good cause as to why they were not able to attend the conference.
In lieu of arbitration, either you or Tempo may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. If a Dispute qualifies for small claims court, but a Party commences an arbitration proceeding, the other Party may elect instead to have the Claim resolved in small claims court, and upon written notice of a Party’s election, the arbitrator will administratively close the arbitration proceeding.
Waiver of Jury Trial and Right to Bring Class Actions and Representative Claims
THE PARTIES AGREE TO ARBITRATE OR BRING ANY CLAIM SOLELY ON AN INDIVIDUAL BASIS, AND THESE TERMS DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL, AND ANY COURT TRIAL OF A DISPUTE ARISING UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION.
If a court decides that applicable law precludes enforcement of any of the preceding paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) will remain in court and be severed from any other proceeding or arbitration.
This agreement to arbitrate will be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act, and the agreement contained herein will survive, even after your cancellation of or the termination of your Membership.
Theft Protection Warranty Terms & Conditions
Limited Warranty Benefits up to $2,500 & 3 Years
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
Warrantor: Vehicle Administrative Services, Ltd. • 5001 Spring Valley Road, Suite 350W, Dallas, TX 75244 • (855) 366-3179 (toll free)
Terms & Conditions
1) THIS LIMITED WARRANTY REPRESENTS THE ENTIRE AGREEMENT BETWEEN VEHICLE ADMINISTRATIVE SERVICES, LTD. (WARRANTOR) AND REGISTERED OWNER (YOU/YOUR) AND CANNOT BE MODIFIED OR AMENDED IN ANY WAY WITHOUT PRIOR WRITTEN CONSENT OF WARRANTOR. NO ONE OTHER THAN WARRANTOR MAY REPRESENT THE COMPANY WITH REGARD TO ANY PROVISIONS IN THIS LIMITED WARRANTY. THIS IS A LIMITED PRODUCT WARRANTY AND IS NOT INSURANCE. WARRANTOR WARRANTS THAT WHEN BIKE-TRACE PRODUCTS ARE PROPERLY APPLIED TO YOUR BICYCLE'S (BIKE) DESIGNATED SURFACES, THE BIKE IS GUARANTEED AGAINST THE HAZARDS LISTED UNDER THE “LIMITED WARRANTY TERMS” SECTION OF THIS REGISTRATION. WARRANTOR WARRANTS THAT SHOULD THE PRODUCT FAIL TO PERFORM AS STATED, WARRANTOR WILL PAY TO REMEDY AS STATED IN THE “LIMITED WARRANTY TERMS” SECTION BELOW.
2) LIMITED WARRANTY TERMS: The registered Bike with Bike-Trace properly applied, will deter Bike theft. This Limited Warranty will be effective for a period of three (3) years beginning with the Bike's original purchase registered Bike Owner. If during the active term of this Limited Warranty Your Bike is stolen and all other conditions are met, Warrantor will reimburse You up to two thousand five hundred ($2,500) dollars, toward Your purchase of a replacement Bike. The amount of benefit that you will be entitled to will be determined as the result of your registered Bike with Bike-Trace protection product installed having been stolen and not recovered (by Police, the Owner, or the Insurance company) or stolen, recovered and deemed a constructive total loss within forty-five (45) days from its theft. Benefit amount will be the lessor of the Actual Retail Purchase Price of the Bike or two thousand five hundred ($2,500) dollars.
3) CONDITIONS OF LIMITED WARRANTY EFFECTIVENESS: Warrantor must receive this registration within sixty (60) days of the sale date as listed on the front of this registration to become effective. It is at Warrantor’s sole discretion to accept or decline a registration after sixty (60) days of date of sale. Warrantor may require proof of application to approve any registration.
4) EXCEPTIONS TO THIS LIMITED WARRANTY: This Limited Warranty does not apply to theft under the following conditions:
A) Theft by Your family members or any other persons who might have access to Your Bike.
B) Theft outside the U.S. or Canada.
C) Your Bike was left unlocked/unsecured.
D) Illegal acts, misrepresentation and or fraud by You, whether directly or indirectly involved.
E) You fail to submit claim to Warrantor within forty-five (45) days of the date of theft.
F) Your Bike is recovered within forty-five (45) days of the date of theft and is not ruled a constructive total loss due to theft.
G) Losses caused by riots, war, acts of war, acts of God, government seizure or destruction, any loss other than theft. Warrantor is not liable for consequential, punitive or incidental damages. Your rights vary from state to state and may not allow this exclusion and you should be aware of the laws in your state governing this and other limitations made under this Limited Warranty.
H) Any aftermarket parts or accessories.
5) LIMITATIONS OF LIABILITY & LEGAL RIGHTS NOTICE: WARRANTOR SHALL NOT BE LIABLE FOR INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, LOSS OF USE OF THE VEHICLE, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACT OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WARRANTOR DOES NOT AUTHORIZE ANY PERSON, ENTITY OR FACILITY TO CREATE FOR IT ANY OTHER GUARANTEE OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
6) CLAIMS PROCEDURE: In order to be valid, a claim in connection with a registered Bike-Trace Limited Warranty must be submitted in writing during the effective term. A claim must also be submitted within forty-five (45) days of date of theft. Claims can be submitted by contacting the Customer Service Department at (855) 366-3179, or by sending the following document copies: Police Report filed within ten (10) days of theft to Email: ClaimsTeam@vehicleadminservices.com, Mail: Vehicle Administrative Services, Ltd., Attention: Limited Warranty Claims Department, 13901 Midway Road, Suite 102-429, Dallas, TX 75244-4388. Fax: (972) 455-3992.
7) CANCELLATION: This Limited Warranty is non-cancelable.
8) PROGRAM UNDERWRITING: This agreement is a Limited Warranty and Product Guarantee, not an insurance policy. The obligations under this Agreement are insured by a warranty reimbursement insurance policy issued by American Banker’s Insurance Company of Florida, P.O. Box 21647, St. Petersburg, FL 33742. If Warrantor or Dealer fails to perform or make payment under the terms of the Agreement within sixty (60) days after your request of performance or payment, you may apply directly to the insurer at (866) 306-6694 (toll free).
9) PRIVACY POLICY: The Warrantor uses and protects any information that you provide when you purchase this product. By purchasing the product, you authorize the Warrantor to contact you by email, telephone, or mail regarding the status of the coverage term hereunder and any renewal options, claims made by you for benefits under this product, and the addition or discontinuation of services and products covered by this product. You may withdraw this permission at any time by providing notice of such withdrawal to the Warrantor as set forth herein. The Warrantor may also do the following with information included in this product document: internal claims administration; provide your information to the insurance provider and/or Warrantor for additional claims administration functions; use information to improve products and services; use your information for internal market research. The Warrantor has implemented procedures to safeguard information collected in this product document. Images of this product document will be stored digitally on secure servers. Digital images will be substituted for Warrantor 's physical copy of the product document. The Warrantor intends to store all digital images for a period of up to seven (7) years or through the expiration of the coverage term of the product, whichever is greater. To learn more about how Vehicle Administrative Services, Ltd. use your information, please visit their website at: https://vehicleadminservices.com/privacy-policy/.
STATE PROVISIONS:
Arizona: In the State of Arizona, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Limited Partnership
Arkansas: In the State of Arkansas, Vehicle Administrative Services, Ltd. operates under the name of VAS Service Contract Provider, LP DBA Automotive Contract Administrator, LP.
California: In the State of California, Vehicle Administrative Services, Ltd., operated under the name of VAS Service Contract Provider. This agreement is a product warranty and is not insurance. It is not subject to state insurance laws but is subject to state law concerning warranties. In the State of California, this Limited Warranty Agreement is for Product registration. Failure to complete and return the customer registration form for this Limited Warranty Agreement does not diminish Your rights under this Limited Warranty.
Connecticut: In the State of Connecticut, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Limited Partnership
District of Columbia: In the District of Columbia, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, L.P.
Delaware: In the State of Delaware, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Ltd., LP
Hawaii: For unresolved complaints concerning a registered warrantor or questions concerning the regulation of a warrantor may be addressed to the Hawaii Department of Commerce and Consumer Affairs Insurance Division at 335 Merchant Street, RM. 213 Honolulu, HI 96813, (808) 586-2790.
Idaho: In the State of Idaho, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Ltd., a Limited Partnership
Indiana: In the State of Indiana, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, LP
Iowa: In the State of Iowa, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Ltd., LP
Massachusetts: In the State of Massachusetts, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Limited Partnership THIS AGREEMENT IS A PRODUCT WARRANTY AND IS NOT INSURANCE.
Michigan: In the State of Michigan, Vehicle Administrative Services, Ltd. operates under the name of Vehicle Administrative Services, Limited Partnership
Minnesota: In the State of Minnesota, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
Mississippi: In the State of Mississippi, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP. Regulated by the Mississippi Motor Vehicle Commission, 1755 Lelia Drive, Suite 200 Jackson, MS 39216, 601-987-3995
Missouri: In the State of Missouri, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
Montana: In the State of Montana, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, a Limited Partnership.
This contract is not insurance and is not subject to the insurance laws of this state.
New Mexico: In the State of New Mexico, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
New Jersey: THIS AGREEMENT IS A PRODUCT WARRANTY, NOT INSURANCE, AND IS UNDER THE PURVIEW OF THE DIVISION OF CONSUMER AFFAIRS. For questions regarding this Warranty contact the New Jersey Office of the Attorney General, Division of Consumer Affairs, 124 Halsey Street, Newark, NJ 07101, (973) 504-6200, www.njconsumeraffairs.gov. For questions regarding the warranty reimbursement insurance policy contact The New Jersey Department of Banking and insurance, 20 West State Street, PO Box 325, Trenton, NJ08625, (800) 446-7467, www.state.nj.us/dobi/index.html. In the State of New Jersey, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Limited Partnership
New York: In the State of New York, this warranty is not available.
North Carolina: In the State of North Carolina, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Ltd, LP
North Dakota: In the State of North Dakota, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP The Limited Warranty vehicle protection expenses will not duplicate any benefits or expenses paid to the holder by the insurer providing comprehensive coverage on the covered vehicle.
Ohio: In the State of Ohio this vehicle protection product warranty is not subject ot the insurance laws of this state, contained in Title XXXIX of the Ohio Revised Code. This warranty may not include all of the benefits or protections of an insurance policy that includes theft coverage issued by an insurer authorized to do business in Ohio.
Oklahoma: In the State of Oklahoma, Vehicle Administrative Services, Ltd. operates under the name VAS Service Contract Provider, LP
Oregon: Any unresolved complaint concerning a registered provider or questions concerning the regulation of a provider may be addressed to the Oregon Insurance Division Consumer Advocacy Unit located at 350 Winter Street, NE, Rm 410, PO Box 14480, Salem, OR 97309-0405, (503) 947-7984 or (888) 877-4894.
Rhode Island: In the State of Rhode Island, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
South Carolina: In the State of South Carolina This warranty is not insurance and payments or reimbursement under this warranty may not exceed five thousand dollars.
South Dakota: In the State of South Dakota, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
Tennessee: In the State of Tennessee, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Limited Partnership.
Utah: In the State of Utah, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP This vehicle protection product warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department at 4315 S. 2700 W., Suite 2300, Taylorsville, UT 84129, https://insurance.utah.gov, or (800) 439-3805 (toll free). The warrantor under this vehicle protection product warranty will reimburse the warranty holder as specified in the warranty and at the end of the time period specified in the warranty if, following the theft of the vehicle, the stolen vehicle is not recovered within a time period specified in the warranty, not to exceed thirty (30) days after the day on which the vehicle is reported stolen. Coverage afforded under this warranty is not guaranteed by the Property and Casualty Guaranty Association. Car Rental Reimbursement is not available in the State of Utah and that the Benefit Amount will not be reduced if the actual cash value of the Vehicle is less than five thousand ($5,000) dollars. Section (4)(F) does not apply in the State of Utah. In the State of Utah, the recovery period in Section (4)(G) is thirty (30) days.
Vermont: In the State of Vermont, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Limited Partnership.
Virginia: In the State of Virginia, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, Ltd., LP. If any promise made in the contract has been denied or has not been honored within sixty (60) days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Washington: In the State of Washington, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, LP
Wyoming: In the State of Wyoming, Vehicle Administrative Services, Ltd. operates under the name Vehicle Administrative Services, a Limited Partnership
