Terms of Service

Effective: December 04, 2024

Hi there, we’re happy you are here! Before you start enjoying our Services, please read our Terms of Service carefully.

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Murrgo, LLC., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Murrgo,” “we,” “us” or “our”) governing your access and use of the Murrgo application, website, and technology platform (collectively, the “Murrgo Platform” or “Services”).

IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH MURRGO THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MURRGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST MURRGO. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

By using or accessing the Platform, you, as a result, agree to be bound by this Terms of Service Agreement. If you disagree with this Terms of Service Agreement, please do not access or use our Services. The Terms of Service contained herein supersede any prior arrangement or agreements between us, are subject to change, and can be modified or supplemented at any time with notice to you. Posting such modified or supplemental terms here shall constitute notice to you. Your continued use of the Platform following such notification shall constitute your acceptance. Certain areas within or portions of Murrgo Materials may be governed by additional Terms of Service (“Additional Terms”) presented in conjunction with the same. The Additional Terms and this Terms of Service Agreement apply to you. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Service Agreement, this Terms of Service Agreement control. Be sure to review this Terms of Service Agreement periodically for updates, as your continued use of the Platform signifies your acceptance of any changed or supplemental Terms of Service.

We may immediately terminate the Terms of Service Agreement or any Services concerning you, or generally, cease offering or prevent further access to the Platform or any portion thereof, at any time for any reason, without prior notice to you. Note that the headings contained in this Terms of Service Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions in this Terms of Service Agreement. This English-language Terms of Service Agreement is Murrgo’s official agreement with our Users. In case of any inconsistency between this English-language Terms of Service Agreement and its translation into another language, this English-language document shall control.

MURRGO’S SERVICES

Murrgo is a transportation carrier which enables Users to connect, arrange for, and schedule rides for minor children. “Users” refers to and includes “Organizers” (including parents/guardians) and “Enterprise Customers” (including schools, districts, nonprofits, and government entities) who coordinate transportation for (i) family members, (ii) members of other account-holders’ family, (iii) students, (iv) clients, and/or (v) other riders for whom they are legally authorized to arrange rides (collectively, “Riders”).

ACCESS AND USE OF THE SERVICES

To use most aspects of the Services, you must register for and maintain an active personal User Services account (“Account”). You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than 18) and are fully able and competent to satisfy the terms, conditions, and obligations herein.

The Murrgo Platform is not available to Users who have had their user account temporarily or permanently deactivated. You may not allow other people to use your user account, and you agree that you are the sole authorized User of your account. To use the Murrgo Platform, each User shall set up a user account. To establish a user account, you must complete a registration application, set up a Rider profile and enter a valid credit card account. For each Rider added to your account, you represent and warrant that you have all authorizations, consents, and approvals to provide any information you submit about such Rider. Account registration requires you to submit to Murrgo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Murrgo. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services.

THIRD-PARTY SERVICES AND MATERIALS

Third-party services and/or content, including advertising (“Third Party Materials”), may be made available or accessed in connection with the Services or Murrgo Materials. Murrgo does not control, endorse, or otherwise promote such third parties and/or the Third-Party Materials. Different terms of use and privacy policies may apply to such material, and you are solely responsible for the same. You acknowledge and agree that Murrgo shall have no responsibility or liability to you associated with such Third-Party Materials. Some third parties, such as Apple Inc., Square Inc., Google, Inc., Microsoft Corporation, and others, may be considered third-party beneficiaries to this Terms of Service Agreement if you access the Services using devices or applications they developed (e.g., Apple IOS). Your access to the Services using such devices is also subject to any applicable Terms of Service such third parties impose.

LIMITED LICENSE

Subject always to your compliance with this Terms of Service Agreement, Murrgo grants you a limited license, under which you may access and use the Platform, and any Murrgo materials offered or provided in connection with your use of the Platform solely for your personal, non-commercial use. Your license is revocable, non-exclusive, and may not be transferred or sublicensed to others. As between Murrgo, and you, any rights not expressly granted to you in the paragraph immediately above are reserved by Murrgo, and its licensors and/or subsidiaries.

OWNERSHIP AND INTELLECTUAL PROPERTY

Murrgo alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Services, or any intellectual property rights owned by Murrgo. Murrgo name, Murrgo logo, and the product names associated with the Application and Services are trademarks of Murrgo or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application or the Services.

Our Applications, the Murrgo Marks, and all of our content (including, without limitation, text, photographs, images, illustrations, graphics, video material, audio material, services, products and software) shall be referred to collectively herein as the “Murrgo Materials.”

With respect to the Services and all Murrgo Materials, you agree to the following restrictions:

1. No portion of the Services or Murrgo Materials may be reproduced, duplicated, copied, sold, licensed, leased, transferred, transmitted, streamed, broadcasted, repackaged, or otherwise exploited for any commercial purpose that is not expressly permitted by Murrgo prior to any such activity.
2. You may not attempt to alter or modify the Services or any Murrgo Materials or any content posted on or otherwise available through same.
3. You may not remove any copyright, trademark or other proprietary or statutory notices from any portion of the Services or the Murrgo Materials.
4. You may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way use any of the Murrgo Materials or any related intellectual property or other proprietary rights.
5. You may not link to, mirror, or frame any portion of the Services or Murrgo Materials.
6. You may not scrap, index, survey or otherwise attempt to or obtain data from, other gain unauthorized access to, hinder or unduly burden in any way or manner, any portion of the Services or the Murrgo Materials.

FEES AND PAYMENT

You acknowledge and agree that your use of the Services will result in charges to you. Fees will include all applicable taxes and additional costs (e.g., tolls, surcharges, administration, registration, deposit, taxes, etc.).

You are solely responsible for any and all fees charged to your payment method by the issuer, bank or financial institution, or payment partner, including, but not limited to, membership, overdraft, insufficient funds, and over-the-credit limit fees.

The payment of Fees by you shall be final and non-refundable unless otherwise agreed to between Murrgo and you.

At its sole discretion, Murrgo may make promotions with different features available to any of our Riders or prospective Riders. Unless made to you, these promotions shall not affect your Agreement or relationship with Murrgo.

All charges are facilitated electronically through a third-party payment processing service (e.g., Stripe, Square, Inc., or QuickBooks). Murrgo may replace its third-party payment processing services without notice to you. Charges shall only be made electronically through the Murrgo platform. Cash payments are prohibited.

Payments are NOT prorated. Whether you use the Service 1 day per week, 5 days per week, or 20 days per month, you must pay for full weeks or months of service. Payment of fees is expected regardless of personal vacation or holiday, school vacation, holiday, or short-term illness. For example, if the school is open from Monday to Wednesday but closed on Thursday and Friday, you will still be accountable for the entire week of service. This policy also applies to holidays such as Christmas Break, Spring Break, etc. If you disagree with this policy, please do not register for this Service, as you will be charged accordingly.

All Fees are due before receipt of the associated services or goods. Murrgo shall facilitate payment electronically to Murrgo using the Payment method on file associated with your Murrgo account and will provide you with a receipt afterward.

If your Payment method on file at any point becomes invalid (e.g., it reaches its original expiration date), you continue to incur fees via the use of the Services. In that case, you agree that we are authorized to continue billing by that payment method. Suppose your payment method will not accept charges for any fees owed to us. In that case, you will incur a $50 late fee and have a period of one (1) day from the date that your Payment method was declined to make your payment method information valid again by rectifying the issue with the payment method source or providing new payment method information to us. If Murrgo can charge your payment method (existing or new if you have provided new payment method information) during the one (1) day period, by 3:00 PM, Eastern Standard Time, your use of the Services will continue uninterrupted. However, if Murrgo cannot charge your Payment method (existing or new if you have provided new payment method information) within one (1) day, then you will incur a $50 late fee AND your use of the Services will be suspended the following day and will continue to be suspended until all fees due have been paid. Three (3) occurrences of interrupted payment during a school year or during summer break may result in indefinite suspension.

Regarding our Fees and payments, you acknowledge and agree that:

1. Murrgo has the right, in its sole discretion, to establish, remove and/or modify Fees for any or all services or goods obtained using the Platform at any time.
2. Fees may fluctuate in certain geographies during certain conditions (e.g., high demand).
3. Although we will make reasonable efforts to inform you of applicable fees that apply to your use of the Services, you remain responsible for any such Fees regardless of such notice.
4. Murrgo has the right to levy a termination fee per the termination policy described below.
5. Murrgo has the right to levy a waiting time fee per the waiting time policy described in detail below.
6. By signing up for our services, you consent to receive text messages from Murrgo, including invoices and payment reminders.
7. The Fees do NOT include any tip or gratuity you may decide to provide to the Murrgo driver. It is entirely up to you whether to give any such tip or gratuity.
8. Other fees, tolls, and surcharges may apply to your ride, including actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances), and processing/administration fees for split payments. In addition, where required by law, Murrgo will collect applicable taxes.
9. Murrgo driver or any employee of Murrgo in any way that attempts to or does circumvent the Services and the fees and payment terms set forth herein, including, without limitation, by paying cash or other consideration directly to the Murrgo driver, or any other employee of Murrgo or otherwise act outside of such terms. Murrgo reserves the right to suspend and/or terminate your account (as well as sever its relationship with any associated driver(s) if you violate these terms at will without prior notice.
10. It is necessary for you to provide a valid payment method to Murrgo for the use of payment of services. All billing is done electronically, weekly, semi-monthly, or monthly with a major debit or credit card and is due before service is rendered.

WAITING TIME POLICY

Waiting time is a feature that allows Drivers to be compensated for time spent waiting for a Rider to get to the vehicle or enter their destination. There is a two-minute grace period when the vehicle arrives before a wait fee ($3 per minute, not to exceed 10 minutes) is assessed. Waiting time appears as a separate line item on your invoice.

TERMINATION POLICY

You may terminate this agreement at any time with a 2-week written notice. Notice of termination should be emailed to info@murrgo.com. No portion of your weekly payment or outstanding fees will be refunded or canceled in the event of absence, sickness, holidays, school closings, or termination of your agreement with Murrgo. Bi-weekly fees will be assessed without the 2-week notice.

COMMUNICATION

By entering into this Agreement or using the Murrgo Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. Communications from Murrgo, its affiliated companies and/or Drivers, may include but are not limited to transactional, operational, or informational purposes. We do not charge for communicational messages, however standard text messaging charges applied by your cell phone carrier may apply to text messages we send. YOU ALSO UNDERSTAND THAT YOU MAY OPT OUT OF RECEIVING TEXT MESSAGES FROM MURRGO AT ANY TIME BY CONTACTING INFO@MURRGO.COM, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE MURRGO PLATFORM OR RELATED SERVICES.

USER-PROVIDED MATERIALS

In connection with your access to and use of the Services or Murrgo materials, you may be allowed from time to time to submit, upload, publish, or otherwise provide to us certain information, content, or other materials, such as text, audio, and/or visual content and data (“User-Provided Materials”). Examples of such User-Provided Materials include ratings, commentary, suggestions, testimonies, ideas, and other feedback related to the Services and/or Murrgo materials, technical or other support requests, and entries for competitions and other promotions. You agree not to provide any User-Provided Materials that are defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or, in our sole judgment, offensive, whether such materials may be protected by law. Murrgo reserves the right but does not undertake any responsibility to review, monitor, and/or remove User-Provided Materials, at our sole discretion and for any reason, including our convenience, without notice to you.

As between you and Murrgo, any User-Provided Materials remain your property, subject only to the following license to us: You hereby grant to Murrgo, and Murrgo hereby accepts a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up license, with full rights to sublicense, to receive, make, use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit In any manner, such User-Provided Materials in all formats and via all distribution methods, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You hereby represent and warrant the following concerning any User-Provided Materials: You are the sole and exclusive owner of all such User-Provided Materials, or you have all rights, consents, and releases necessary to provide the same to us and grant Murrgo the license set forth above.

Neither the User-Provided Materials nor our use of same and permitted under the license set forth above will infringe, misappropriate, or otherwise violate any third party’s intellectual property or other proprietary rights, or rights of publicity or privacy, or will otherwise result in the violation of any applicable law or regulation.

FEEDBACK

Murrgo encourages Users to provide “Feedback” (suggestions, ideas, original or creative materials, etc.). Feedback provided is nonconfidential and shall become the sole property of Murrgo. Murrgo shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

DISCLAIMER

THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. MURRGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MURRGO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MURRGO BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF MURRGO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY MURRGO. MURRGO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. MURRGO ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ARE RESPONSIBLE FOR ENSURING THE SAFETY AND WELL-BEING OF YOUR CHILD(REN) AND THE CHILD(REN) OF OTHERS WHO ARE UNDER YOUR CARE AT ALL TIMES AND TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. IN NO EVENT SHALL MURRGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO MURRGO, IF ANY, OR (B) ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.

YOU AND MURRGO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MURRGO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.

INDEMNITY

You hereby agree to indemnify and hold Murrgo, its Affiliates, and their respective officers, directors, employees, and agents harmless from any and all actual or threatened claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs of suit), arising from, or in connection with (a) your use of the Services, the Murrgo materials or services or goods obtained through the Services; (b) your breach or other violation of any of the Terms of Service outlined in this Terms of Service Agreement; (c) Murrgo’s receipt, and use of User-Provided Content as authorized herein; (d) any transaction or activities between you and any Service Provider or any other third party, including any users with Murrgo, Accounts tied to your Murrgo account; or (e) your violation of any applicable law or regulation.

TERMINATION AND VIOLATIONS OF THE AGREEMENT

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, Murrgo reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform’s features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Platform and Services provided herein.

Upon termination of this Agreement for any reason or no reason: (a) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (b) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (a) “Disclaimer;” (b) “Limitation of Liability;” (c) “Termination and Violations of this Agreement;” (d) “Dispute Resolution;” and (e) “Waiver and Severability.”

Murrgo reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular account, device and/or IP address.

You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.

DISPUTE RESOLUTION

Please read the following section carefully, as it requires you to arbitrate all disputes and claims with Murrgo and limits the manner you can seek relief from us.

1. Arbitration and Class Action Waiver: You agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement or payments by or to Murrgo, or that in any way relate to your use of the Platform, the Materials, the Services, and/or other content on the Platform or any other dispute with Murrgo, shall be submitted exclusively to binding arbitration. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and Murrgo are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Murrgo otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Service. You further acknowledge that any claim arising under this Agreement must be brought within one year of its accrual or it will be waived. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, as well as all threshold arbitrability issues, including whether this Dispute Resolution provision is unconscionable and any defense to arbitration.
2. Arbitration Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Murrgo at info@murrgo.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
3. Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written notice of the dispute by certified U.S. Mail or electronic mail (“Notice”), as specified in the Applicable AAA Rules. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Murrgo may commence an arbitration proceeding. The arbitrator will be either a retired judge or an attorney licensed to practice law in Polk County, Florida and will be selected in accordance with the Applicable AAA Rules. If the parties are unable to agree upon an arbitrator within fourteen (14) days of the AAA’s notice to the parties of its receipt of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
4. Arbitration Location and Procedure: Any arbitration hearing will take place at a location to be agreed upon in Polk County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Murrgo submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
5. Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the Applicable AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator’s award of damages and/or other relief must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide the relief warranted by the claimant’s individual claim. If the arbitrator determines that you are the prevailing party in the arbitration, and only if authorized under applicable law, the arbitrator may award reasonable attorneys’ fees and expenses. Murrgo will not seek, and hereby waives, all rights Murrgo may have under applicable law to recover attorneys’ fees and expenses if Murrgo prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
6. Fees: If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Murrgo for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner the arbitration is conducted, the arbitrator must issue a reasoned written decision enough to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
7. Changes: If Murrgo makes any future changes to this arbitration provision, other than a change to the company’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to the company’s address for Notice, in which case your access to the Murrgo Platform will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

WAIVER AND SEVERABILITY

Any waiver by Murrgo of any term of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.

AMENDMENT TO THE AGREEMENT

MURRGO RESERVES THE RIGHT TO AMEND THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS SOLE DISCRETION AT ANY TIME. You should regularly review this Agreement, as your continued access or use of the Murrgo Platform to arrange for and/or provide Services after any such amendments shall constitute your consent to such amendment. Unless material changes are made to the arbitration provisions herein, you agree that amendment of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

CONTACT US

If you have any questions regarding this Agreement, please contact us at info@murrgo.com.