Agreement to these Terms
These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and Unboot.me, LLC, doing business as Unboot.me (“Unboot.me,” “Company,” “we,” “us,” or “our”), governing your access to and use of the Unboot.me websites, applications, software, portals, dashboards, payment interfaces, documentation, communications, and related technology services (collectively, the “Platform”).
These Terms apply, as applicable, to:
By creating an account, accepting an invitation, clicking an acceptance box, submitting information, initiating or completing a payment, submitting a dispute, enrolling as an Agency or Tow Partner, or otherwise using a Platform function where these Terms are presented for acceptance, you expressly agree to these Terms.
Certain informational portions of our websites may also be accessed without an account. Your continued use of those portions is subject to applicable portions of these Terms, our Privacy Policy, and any notices displayed on the applicable webpage.
If you are accepting these Terms on behalf of a company, property owner, agency, towing company, employer, or other organization, you represent and warrant that you have authority to bind that organization.
If you do not agree to these Terms, do not use the Platform.
Definitions
For purposes of these Terms:
What Unboot.me is
Unboot.me is a technology and software-as-a-service platform supporting private-property parking compliance and enforcement workflows.
Depending on configuration, the Platform may enable authorized users to:
UNLESS EXPRESSLY STATED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT, UNBOOT.ME IS A TECHNOLOGY PROVIDER. UNBOOT.ME IS NOT THE PROPERTY OWNER, PARKING AUTHORITY, TOWING COMPANY, IMPOUND FACILITY, VEHICLE CUSTODIAN, LAW-ENFORCEMENT AGENCY, COURT, GOVERNMENTAL AGENCY, LAW FIRM, OR INSURANCE COMPANY INVOLVED IN AN ENFORCEMENT ACTION.
Responsibility for parking enforcement
The Agency responsible for an Enforcement Action is responsible for establishing and maintaining its legal authority to conduct that activity.
Unboot.me does not independently create an Agency’s authority to:
Each Agency is independently responsible for determining whether its parking program complies with applicable federal, state, provincial, local, municipal, contractual, property, consumer-protection, towing, immobilization, signage, licensing, notice, fee, and other legal requirements.
The Platform’s technical ability to perform or configure a function does not constitute a representation by Unboot.me that use of that function is lawful in every jurisdiction.
If applicable law prohibits or limits a particular practice, the Agency and other responsible user must comply with that law regardless of whether the Platform technically permits the action.
Independent businesses
Agencies, Tow Partners, property owners, contractors, security providers, and other businesses participating in the Platform are separate and independent parties.
Except where expressly stated in a separate written agreement:
Nothing in these Terms creates a partnership, joint venture, franchise, employment relationship, fiduciary relationship, bailment, or agency relationship between Unboot.me and any Agency or Tow Partner.
Eligibility
You must be legally capable of entering into a binding agreement to create an account or conduct a transaction through the Platform.
Business users must be authorized to act for the organization under which they access the Platform.
If a Motorist is legally unable to enter into a binding agreement, an authorized adult or other legally authorized person must complete any contractual payment or dispute process requiring acceptance of these Terms.
Motorist use of the Platform
Motorists may use public portions of the Platform to locate applicable Records, review available information, make authorized payments, access receipts, submit disputes, and use other available public functionality.
The Platform may request information including:
A Motorist must submit accurate information and may not intentionally impersonate another person, manipulate a Record, interfere with an enforcement process, access information without authorization, or submit fraudulent payment or dispute information.
Plate lookup and record identification
The Platform may identify an Enforcement Record using a license plate, registration jurisdiction, location, UB.me ID, or other available information.
A plate number alone may not uniquely identify a particular vehicle or open Record.
The Platform may therefore require additional verification information and may display multiple potentially matching Records when appropriate.
Automated matching, fuzzy matching, assisted license-plate recognition, and similar technology may produce errors.
Motorists and authorized users are responsible for reviewing displayed information before taking action.
If you believe a displayed Record does not relate to your vehicle, you should not knowingly pay that Record and should instead use the dispute or support process where available.
UB.me ID
The Platform may assign each Enforcement Record a human-readable UB.me ID.
The UB.me ID is intended to make Records easier to identify and communicate about.
A UB.me ID does not independently:
Internal technical identifiers may also be maintained separately from the UB.me ID.
Vehicle and enforcement information
Information displayed to a Motorist may have been supplied by an Agency User, Tow Partner, Motorist, third-party service, device sensor, mapping service, payment processor, or other source.
Unboot.me may provide technical safeguards intended to improve record integrity, but Unboot.me does not warrant that every fact entered by an independent user was accurate when originally submitted.
Agencies and Tow Partners remain responsible for the factual accuracy of information they enter.
Photographs and documentary evidence
The Platform may permit authorized users to capture and store photographs or other evidence relating to an Enforcement Record.
These materials may include, as applicable:
Submission or storage of evidence through the Platform does not constitute a legal determination by Unboot.me regarding what the evidence proves.
Agency and Tow Partner users are responsible for lawfully capturing and submitting the evidence they provide.
Location confirmation
Certain payment or enforcement workflows may offer or request device-location information.
Where location-confirmation functionality is used, the Platform may compare the location recorded in connection with the Enforcement Record to the location supplied by the Motorist’s device.
Location technology may be affected by device settings, signal conditions, GPS accuracy, browser permissions, buildings, network configuration, intentional user adjustment, and other factors.
A location result may therefore be designated as verified, mismatched, unavailable, unverified, or another similar status.
Location verification is one item of evidence and is not represented to be infallible or independently dispositive of a legal dispute.
If location permission is denied or unavailable and the Platform provides another method to continue, the denial itself will not be treated by Unboot.me as proof of wrongdoing.
When a Motorist intentionally moves or confirms a location marker, the Motorist represents that the submitted location is accurate to the best of the Motorist’s knowledge.
Further information concerning collection and use of location information is provided in the Unboot.me Privacy Policy.
Motorist safety and immobilized vehicles
A Motorist should follow all safety instructions displayed on an immobilization device, vehicle notice, Property signage, or the Platform.
Do not operate or attempt to move a vehicle in a manner that could damage the vehicle, immobilization equipment, surrounding property, or persons.
Unboot.me does not authorize a Motorist to remove, defeat, cut, bypass, tamper with, destroy, or modify an immobilization device.
If an immobilization device appears damaged, improperly installed, unsafe, or otherwise presents an immediate risk, contact the responsible Agency and, when appropriate, emergency or public-safety services.
Unboot.me is not an emergency-response service.
Payments
The Platform may facilitate electronic payments relating to Enforcement Records.
Before submitting payment, the Motorist is responsible for reviewing the information displayed, which may include the amount, responsible Agency, Property, Record type, vehicle information, and other material transaction information.
By submitting payment, the payer:
Payment may be processed by one or more independent payment-processing providers.
Unboot.me does not store or process payment-card information except to the extent expressly disclosed in our Privacy Policy or applicable payment interface.
Payment finality, refunds, and record status
Once a transaction has been successfully processed, the Platform may permanently reflect the Enforcement Record as paid for audit, accounting, fraud-prevention, and record-integrity purposes.
A historical paid status ordinarily will not be rewritten merely because a later refund, adjustment, credit, dispute resolution, or other financial event occurs.
Accordingly, payment finality within the Platform’s recordkeeping system does not eliminate any refund, reversal, dispute, consumer-protection, or other right that cannot legally be waived.
Refund eligibility, if any, may depend on:
Where Unboot.me processes a refund, adjustment, or credit, it may do so on behalf of or pursuant to instructions from the responsible Agency or as otherwise required by law.
Chargebacks and payment disputes
A payer retains any rights provided by applicable payment-network rules or law.
Knowingly submitting a false, fraudulent, or misleading chargeback is prohibited.
If a chargeback or payment dispute is initiated, Unboot.me, the Agency, and applicable payment providers may submit relevant transaction records and supporting evidence in response.
A payment chargeback is separate from the Platform’s parking-record dispute process and may not resolve the underlying Enforcement Record.
Receipts
The Platform may provide electronic receipts showing information associated with a Record and payment.
Receipts may include vehicle information, payment information, Agency information, location-verification information, photographs, timestamps, payer information, UB.me ID, and other transaction information.
Receipts are generated from Platform records available at the time of generation.
A receipt is evidence of the transaction reflected in the Platform; it is not a court finding or governmental adjudication.
Disputes of enforcement records
Where dispute functionality is available, a Motorist may submit a dispute concerning an Enforcement Record.
The Motorist must provide truthful, complete, and accurate information.
The Platform may permit supporting photographs or other permitted attachments.
Unboot.me may receive, organize, document, route, facilitate, administer, or communicate regarding disputes.
Unless Unboot.me has separately received express authority to make a particular decision, final responsibility for the underlying parking-enforcement determination remains with the responsible Agency or other legally authorized party.
Submitting a dispute does not automatically stay towing, storage, immobilization, enforcement deadlines, or other activity unless:
Nothing in these Terms eliminates any mandatory appeal, hearing, administrative, judicial, or consumer right provided by applicable law.
Estimated arrival and response times
The Platform may display estimated arrival, service, removal, towing, or response times.
All such times are estimates unless expressly stated otherwise.
Actual timing may be affected by:
Unboot.me does not guarantee that a field operator, tow operator, or other person will arrive within a displayed estimate.
Towing
Where the Platform facilitates a tow request, Unboot.me acts as a technology intermediary.
The responsible Agency and Tow Partner are independently responsible for determining whether the tow is legally authorized.
The Tow Partner is responsible for:
Unboot.me does not take possession, custody, or control of a towed vehicle.
Vehicle release
Tow Partners may use the Platform to document release information, including recipient information, release time, payment method, fees, identification evidence where permitted, and other release details.
A Tow Partner must independently comply with all laws governing vehicle release.
If the Platform displays, enforces, or communicates a restriction relating to unpaid citations or other unresolved items, the Tow Partner and responsible Agency must not apply that restriction where applicable law requires release notwithstanding the Platform configuration.
Platform functionality never overrides applicable law.
Agency accounts
An Agency may access the Platform only after approval, enrollment, invitation, or other authorization determined by Unboot.me.
Each Agency represents and warrants that:
Agency responsibility for signs, notices, and fees
The Agency is responsible for determining and satisfying all requirements relating to:
Unboot.me may provide tools, templates, decals, reports, or suggested operational workflows, but these do not constitute legal advice or a guarantee of legal compliance.
Agency users and operators
An Agency is responsible for activity performed through accounts under its control.
The Agency must:
Field Operators must accurately document Enforcement Actions and may not intentionally falsify vehicle, violation, location, photograph, time, payment, or other information.
Automated and AI-assisted features
The Platform may use automated or artificial-intelligence-assisted functionality, including optical character recognition or other tools intended to assist users.
Such features are assistive tools and may produce inaccurate, incomplete, or unexpected results.
An authorized human user remains responsible for reviewing information before using it to conduct an Enforcement Action.
No Enforcement Action should be based solely on an automated output where applicable law or reasonable practice requires human verification.
Enforcement zones and geolocation
The Platform may use geographic boundaries, circles, polygons, coordinates, or other geofencing technology to help Agencies administer authorized Properties.
Geofencing is a technical control, not a legal determination of property ownership or enforcement authority.
The Agency is responsible for ensuring that the boundaries configured in the Platform accurately represent areas where it possesses enforcement authority.
GPS and mapping technology can be inaccurate.
Agency Users must not knowingly create an Enforcement Action outside their authorized area.
Tow Partner accounts
Each Tow Partner represents and warrants that it:
Unboot.me may request evidence of licensing, insurance, facility information, or other eligibility documentation.
Tow Partner relationships
An Agency-Tow Partner relationship made available through the Platform does not create an endorsement or guarantee by Unboot.me.
Each Agency and Tow Partner is responsible for evaluating the other party.
Acceptance of a Platform partnership request does not establish that a Tow Partner is legally permitted to tow in every location associated with an Agency.
Tow vehicle release records
Tow Partners may document release activity through the Platform.
Tow Partners are solely responsible for determining:
Any Platform restriction that conflicts with applicable law must yield to applicable law.
Business subscriptions and commercial terms
Agencies or other business customers may be required to pay subscription, property, transaction, usage, service, or other fees.
Applicable pricing may be stated in an Order Form, enrollment flow, dashboard, pricing page, or separate agreement.
Business customers agree to pay all applicable fees in accordance with those commercial terms.
If an Order Form conflicts with these Terms regarding a specific commercial matter, the Order Form will control for that matter.
Unless expressly stated otherwise, fees do not include applicable taxes.
Business customers are responsible for taxes imposed on their purchase or use of the Platform other than taxes imposed on Unboot.me’s net income.
Recurring services
If a business customer purchases a recurring subscription, the frequency, amount or pricing method, renewal terms, and cancellation method will be disclosed before enrollment.
Where automatic renewal is used, Unboot.me will obtain any consent required by applicable law.
A subscription may continue until canceled in accordance with the applicable Order Form or enrollment terms.
Cancellation ends future renewal obligations but does not retroactively eliminate properly incurred fees unless required by law or expressly agreed.
Account security
Users must maintain the confidentiality of credentials, verification codes, devices, and account-access information.
You may not:
You must promptly notify Unboot.me of suspected unauthorized access.
Unboot.me may suspend or lock accounts where reasonably necessary to protect users, Platform integrity, or data.
Acceptable use
You may not use the Platform to:
User content
“User Content” means information, photographs, documents, comments, records, attachments, property data, dispute evidence, release evidence, or other material submitted by a user.
You retain whatever ownership rights you lawfully possess in your User Content.
By submitting User Content, you grant Unboot.me a nonexclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, format, secure, back up, and otherwise use the User Content as reasonably necessary to:
This license does not grant Unboot.me unrestricted rights to commercially exploit private User Content unrelated to the Platform.
User content representations
You represent that:
Agency and Tow Partner users are responsible for ensuring that their collection of photographs, identification documents, contact information, location information, and other personal data is legally permitted.
Privacy
Use of personal information through Unboot.me is governed by the Unboot.me Privacy Policy and applicable law.
The Platform may process different categories of information depending on the workflow, including:
Certain information may be sensitive or private and may be accessible only to authorized users.
Business customers may also be subject to separate data-processing terms where appropriate.
Record integrity and audit information
The Platform may maintain audit records, immutable transaction information, timestamps, security events, historical status information, integrity checks, and other records designed to support reliability and traceability.
Such controls may make certain historical information non-editable.
No technical audit mechanism guarantees that an original user submission was factually correct.
Audit integrity and factual accuracy are distinct concepts.
Record retention
Unboot.me may retain Platform records for periods reasonably necessary to:
Agencies and Tow Partners remain responsible for satisfying their own independent legal record-retention obligations.
Use of Unboot.me does not relieve a business of an obligation to retain records outside the Platform when required by law.
Electronic communications
By using the Platform, you consent to receive transactional electronic communications necessary to administer your account, payment, Enforcement Record, dispute, tow request, service status, security, or other requested Platform activity.
These communications may include:
Message and data rates may apply.
Transactional communications are separate from marketing communications.
Where consent is legally required for a particular type of communication, Unboot.me will seek the applicable consent.
You may not be able to opt out of communications that are strictly necessary to provide a requested transaction or critical account/security notice, except where law requires otherwise.
Electronic records and signatures
You agree that electronic records, notices, disclosures, acknowledgments, consents, signatures, and agreements may be used in connection with the Platform to the extent permitted by law.
Where applicable law requires special consumer consent before substituting electronic delivery for legally required paper records, the applicable electronic-consent process will govern.
You are responsible for maintaining a device and software capable of accessing the electronic records you choose to receive electronically.
Third-party services
The Platform may rely on third-party technology providers for functions such as:
Those services may be governed by separate third-party terms.
Unboot.me is not responsible for third-party products or services outside its reasonable control.
Platform availability
Unboot.me aims to provide reliable Platform availability but does not guarantee uninterrupted service.
The Platform may be unavailable because of:
Unless a separate written service-level agreement applies, no specific uptime guarantee is provided.
Offline and delayed synchronization
Certain Platform functionality may permit information to be temporarily stored or queued when connectivity is interrupted.
Offline or delayed synchronization may cause temporary differences between local device status and authoritative server records.
Users must not exploit offline functionality to duplicate, manipulate, replay, alter, or evade transactions.
Platform changes
Unboot.me may improve, modify, add, remove, or discontinue Platform features.
We may also introduce new security requirements, workflows, or restrictions where reasonably necessary for compliance, reliability, or risk management.
We will provide notice where required by applicable law or a separate agreement.
Intellectual property
The Platform, including its software, design, branding, logos, user interface, documentation, source code, object code, text, graphics, workflows, database structures, and other proprietary materials, is owned by or licensed to Unboot.me and is protected by applicable intellectual-property laws.
Except for the limited right to use the Platform under these Terms, no intellectual-property rights are transferred to you.
You may not use the Unboot.me name, logos, branding, or other marks in a manner suggesting sponsorship, affiliation, certification, or endorsement without authorization.
Feedback
If you voluntarily provide ideas, suggestions, recommendations, or feedback concerning the Platform, you grant Unboot.me the right to use that feedback without restriction or compensation, provided that this provision does not transfer ownership of your confidential business data or personal information.
Confidential business information
Business users may receive nonpublic information relating to Platform operations, pricing, security, technical architecture, credentials, Agency operations, Tow Partner operations, or other confidential matters.
Business users may use confidential information only for authorized Platform purposes and must protect it using reasonable safeguards.
This obligation does not apply to information that:
Security
Unboot.me may employ administrative, technical, and organizational safeguards intended to protect Platform information.
No system can be guaranteed completely secure.
Users must cooperate with reasonable security requirements and may be required to reset credentials, reauthenticate, or take other protective actions.
Unboot.me may investigate suspected security events and may provide notices as required by law.
Suspension
Unboot.me may immediately restrict or suspend access where reasonably necessary because of:
Where reasonable under the circumstances, Unboot.me may provide an opportunity to cure.
Termination
A user may stop using the Platform at any time, subject to outstanding contractual obligations.
Unboot.me may terminate access for material breach, repeated violations, unlawful conduct, nonpayment, fraud, security risk, or other grounds provided by these Terms or an Order Form.
Termination does not eliminate obligations or liabilities that accrued before termination.
Records may continue to be retained where necessary for lawful business, audit, payment, dispute, security, or legal purposes.
No legal advice
Information, templates, suggested workflows, documentation, product settings, reports, articles, or materials provided through Unboot.me do not constitute legal advice.
Parking, immobilization, towing, privacy, signage, consumer, and property laws can vary materially by jurisdiction.
Agencies and Tow Partners are responsible for obtaining appropriate legal advice regarding their operations.
No guarantee of legal compliance
UNBOOT.ME DOES NOT WARRANT THAT A PARTICULAR AGENCY’S CONFIGURATION OR USE OF THE PLATFORM COMPLIES WITH THE LAW.
A configuration option’s presence within the Platform is not legal approval of that option.
Businesses must disable, modify, or refrain from using functionality that is unlawful in their jurisdiction.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
UNBOOT.ME DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN A SIGNED WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, UNBOOT.ME DOES NOT WARRANT THAT:
Nothing in these Terms excludes warranties that cannot legally be disclaimed.
Disputes between Platform participants
Unboot.me is not responsible for private disputes between:
except to the extent the dispute directly concerns Unboot.me’s own obligations.
Unboot.me may facilitate communications or dispute workflows without thereby assuming liability for another party’s conduct.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNBOOT.ME AND ITS OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOSS OF USE, OR LOSS OF GOODWILL, ARISING FROM OR RELATING TO THE PLATFORM.
UNBOOT.ME WILL NOT BE LIABLE FOR DAMAGE OR LOSS CAUSED SOLELY BY THE INDEPENDENT ACTS OR OMISSIONS OF AN AGENCY, PROPERTY OWNER, FIELD OPERATOR, TOW PARTNER, MOTORIST, PAYMENT PROVIDER, OR OTHER THIRD PARTY.
FOR BUSINESS USERS, UNLESS A DIFFERENT LIMIT IS PROVIDED IN A SIGNED ORDER FORM, UNBOOT.ME’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE PLATFORM WILL NOT EXCEED THE AMOUNT OF PLATFORM SERVICE FEES PAID DIRECTLY TO UNBOOT.ME BY THE CLAIMING BUSINESS DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
FOR A CONSUMER OR MOTORIST WHO HAS NOT PAID PLATFORM SERVICE FEES DIRECTLY TO UNBOOT.ME, UNBOOT.ME’S AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100), EXCEPT WHERE A DIFFERENT LIMIT IS REQUIRED BY LAW.
AMOUNTS COLLECTED THROUGH THE PLATFORM ON BEHALF OF AN AGENCY, TOW PARTNER, OR OTHER THIRD PARTY ARE NOT “PLATFORM SERVICE FEES” FOR PURPOSES OF THIS LIABILITY CAP.
These limitations do not apply to the extent prohibited by applicable law and do not limit liability that legally cannot be limited.
Agency indemnification
To the maximum extent permitted by law, each Agency agrees to defend, indemnify, and hold harmless Unboot.me and its owners, affiliates, directors, officers, employees, agents, and service providers from third-party claims, liabilities, damages, judgments, penalties, fines, losses, and reasonable legal expenses arising from or related to:
This obligation does not require indemnification to the extent a claim is finally determined to have resulted from Unboot.me’s own conduct for which indemnification is prohibited by law.
Tow Partner indemnification
To the maximum extent permitted by law, each Tow Partner agrees to defend, indemnify, and hold harmless Unboot.me and its owners, affiliates, directors, officers, employees, agents, and service providers from third-party claims arising from or related to:
User indemnification for misuse
To the extent permitted by law, a user who fraudulently or unlawfully misuses the Platform agrees to indemnify Unboot.me against third-party claims resulting directly from that misuse.
This provision does not require a Motorist to indemnify Unboot.me merely because the Motorist contests an Enforcement Record, seeks a refund, submits a good-faith dispute, exercises a consumer right, or brings a lawful claim.
Insurance
Agencies and Tow Partners are responsible for maintaining insurance appropriate to their operations and all insurance legally required in their jurisdictions.
Unboot.me’s insurance, if any, is not a substitute for coverage required of an Agency or Tow Partner.
Compliance with law
All users must comply with applicable law.
Without limiting that obligation, business users are responsible for laws that may apply to:
Government and law-enforcement requests
Unboot.me may preserve or disclose information when reasonably necessary to comply with lawful subpoenas, warrants, court orders, governmental demands, regulatory requirements, emergency requests, or other legal process.
Unboot.me may challenge requests that it reasonably believes are unlawful, overbroad, or improper.
Nothing in these Terms requires Unboot.me to provide a user with advance notice where providing notice is prohibited by law.
Fraud and abuse investigations
Unboot.me may investigate suspected:
Users agree to reasonably cooperate with lawful investigations relating to their accounts.
Force majeure
Unboot.me will not be responsible for delay or failure resulting from circumstances outside its reasonable control, including natural disasters, severe weather, fire, war, terrorism, labor disruption, governmental action, telecommunications failures, power outages, cloud-service failures, widespread internet outages, cyberattacks, public emergencies, or failures of third-party infrastructure.
Informal dispute resolution
Before filing arbitration or litigation against Unboot.me, the claimant and Unboot.me agree to make a good-faith effort to resolve the dispute informally.
The claimant must provide a written Notice of Dispute containing:
The notice must be submitted in writing to Unboot.me, LLC, Attn: Legal, 3423 Piedmont Rd NE, Atlanta, GA 30305, or by email to legal@unboot.me.
The parties will have thirty (30) days following receipt of a complete Notice of Dispute to attempt resolution before either party commences arbitration, except where immediate relief is reasonably necessary or a limitations period would expire.
Agreement to arbitrate
PLEASE READ THIS SECTION CAREFULLY.
Except for disputes specifically excluded below, you and Unboot.me agree that claims arising from or relating to these Terms or the Platform will be resolved through binding individual arbitration rather than in court.
This arbitration agreement is intended to be governed by the Federal Arbitration Act.
Arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute, including applicable Consumer Arbitration Rules for qualifying consumer matters and Commercial Arbitration Rules for qualifying business matters.
If AAA is unavailable or unwilling to administer a particular dispute, the parties may agree upon another administrator or a court of competent jurisdiction may appoint one as permitted by law.
The arbitrator may award the same individualized remedies that would otherwise be available in court, subject to applicable law.
Arbitration exceptions
The arbitration requirement does not prevent either party from:
Claims for public injunctive relief that cannot lawfully be waived or required to proceed in arbitration may be addressed by a court of competent jurisdiction to the extent required by applicable law.
Class and representative action waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND UNBOOT.ME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.
Neither party will seek to have a dispute heard as a class action, collective action, consolidated representative proceeding, or private-attorney-general action except where the applicable right cannot legally be waived.
An arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual’s claim, except where applicable law requires otherwise.
Arbitration opt-out
You may opt out of Sections 68 through 70 by sending written notice within thirty (30) days after the date you first become subject to this arbitration agreement.
The notice must:
The notice must be sent to Unboot.me, LLC, Attn: Legal, 3423 Piedmont Rd NE, Atlanta, GA 30305, or by email to legal@unboot.me.
Exercising the opt-out will not affect your ability to use the Platform where otherwise eligible.
Jury-trial waiver
TO THE EXTENT A DISPUTE IS PROPERLY RESOLVED IN COURT RATHER THAN ARBITRATION, YOU AND UNBOOT.ME KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Governing law
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions above.
For all other matters, these Terms will be governed by the laws of Georgia, without regard to conflict-of-laws principles, except to the extent mandatory law of another jurisdiction applies and cannot legally be waived.
Business Order Forms may establish a different governing law by written agreement.
Court venue
Where a claim may properly proceed in court, the parties consent to exclusive jurisdiction in the state and federal courts located in Fulton County, Georgia, except:
Non-waivable consumer rights
Nothing in these Terms eliminates or limits any consumer-protection, privacy, payment, statutory, constitutional, administrative, judicial, or other legal right that cannot lawfully be waived.
If any provision conflicts with a mandatory right, the mandatory right controls to the extent of the conflict.
Changes to these Terms
Unboot.me may update these Terms from time to time.
The “Last Updated” date will identify the current version.
For material changes affecting existing contractual rights, Unboot.me will provide notice reasonably appropriate to the circumstances and as required by law.
Where affirmative consent to a modification is legally required, continued use alone will not substitute for that consent.
Changes will apply prospectively unless applicable law permits otherwise.
Order of precedence
If these Terms conflict with another written agreement between Unboot.me and a business customer, the following order of precedence will generally apply:
A Motorist’s substantive rights against an Agency or Tow Partner are not expanded or eliminated merely because of this order-of-precedence provision.
Assignment
You may not assign these Terms without Unboot.me’s prior written consent, except in connection with an authorized corporate reorganization or transaction where assignment is permitted by applicable agreement or law.
Unboot.me may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the Platform, subject to applicable law.
Severability
If a provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will remain in effect.
If a portion of the arbitration or class-action provisions is found unenforceable, the effect of that determination will be governed by applicable arbitration law.
No waiver
Failure to enforce a provision of these Terms is not a waiver of the right to enforce that provision later.
No third-party beneficiaries
Except where these Terms expressly state otherwise, they do not create enforceable rights for any person or entity that is not a party to the applicable agreement.
Headings
Section headings are provided for convenience and do not limit the meaning of these Terms.
Entire agreement
These Terms, together with the Privacy Policy, applicable Order Forms, payment terms, data-processing terms, and other expressly incorporated agreements, constitute the applicable agreement between you and Unboot.me concerning the Platform.
They supersede prior communications regarding the same subject matter, except for agreements expressly intended to remain in effect.
Survival
Provisions that by their nature should survive termination will survive, including provisions concerning:
Contact
Questions concerning these Terms may be directed to:
Unboot.me · Legal Department · Unboot.me, LLC · 3423 Piedmont Rd NE, Atlanta, GA 30305 · legal@unboot.me
For disputes concerning a particular parking, immobilization, citation, towing, or vehicle-release event, users should also reference the applicable UB.me ID whenever available.
Acknowledgment
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT: