Terms and conditions

Cintra Digital Business Ventures LLC TERMS OF USE

These Terms of Use (“Terms”) for the Oregon Department of Transportation road user charges project are a binding agreement between you (“User” or “you”) and Cintra Digital Business Ventures LLC (“CDBV”, “we”, “us”, or “our”). These Terms, which incorporate our Privacy Policy (“Privacy Policy”), govern your use of the system offered on iOS and Android platforms, including all related documentation (collectively, the “System”). The System is licensed, not sold, to you. The Privacy Policy contains the terms that apply to the collection, use, disclosure, storage, or other processing of personal information. These Terms apply to all other matters related to the System, including the collection, use, disclosure, or storage of information that is not personal information.

By clicking the “agree” button, you (a) acknowledge that you have read and understand these Terms; (b) represent that you are eighteen (18) years of age or older; and (c) accept these Terms and agree that you are legally bound by its provisions, including the warranty disclaimers, indemnity and limitation of liability provisions below.

PLEASE READ: These Terms also include a mandatory arbitration agreement. Please review the arbitration agreement in Section 22 carefully, as it will require you to resolve all disputes with us on an individual basis through final and binding arbitration, and require you to forego jury trials, class actions, and all other types of court proceedings of any kind, unless you opt-out by following the opt-out procedures in that section. By entering into these Terms, you expressly acknowledge that you understand and agree to this mandatory arbitration agreement. If you do not agree to these Terms, do not use the System or access the relevant webpage.

1. License Grant. Subject to these Terms, CDBV grants you a limited, non- exclusive, and nontransferable license to access and use the System for your personal, non-commercial use on a device owned or otherwise controlled by you ("Device").
2. License Restrictions. You shall not:
   1. copy the System, except as expressly permitted by these Terms;
   2. modify, translate, adapt, or otherwise create derivative works of the System;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or any part of the System;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the System, including any copies of documentation;
   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the System, or any features or functionality of the System, to any third party for any reason, including by making the System available on a network where it is capable of being accessed by more than one device at any time;
   6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the System;
   7. to the extent applicable, breach or violate any third-party agreement for services which are needed or required to use the System, such as your agreement with your internet provider for your Device; or
   8. use the System in any in violation of Section 9 (Acceptable Use) of these Terms.
3. Third Parties. CDBV may enter into agreements with departments of transportation and motor vehicle authorities and agencies (collectively, “Transportation Authorities”); [ (collectively, "Third Parties") to provide services or offer promotions in connection with the System. Neither these Third Parties nor their officers, managers, employees, representatives or agents, are a party to or have any liability under these Terms. If the applicable Transportation Authorities suspend or terminate some or all services they provide for proper operation of the System, we may be forced to suspend or terminate certain features or access to the System
4. Reservation of Rights. You do not acquire any ownership interest in the System under these Terms. Except as expressly granted to you in these Terms, we and our licensors reserve and retain our entire right, title, and interest in and to the System, including all copyrights, trademarks, and other intellectual property rights in or related to the System.
5. System Content. The System and its contents may only be used in accordance with these Terms. All materials displayed on the System, including text, graphics, articles, photographs, images, and illustrations (collectively the “Content”) may be protected by U.S. copyright laws, international conventions, and other applicable intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the System, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (a) without the express prior written consent of the respective owners, and (b) in any way that violates any rights of third parties. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Unauthorized copying or storing of any Content is expressly prohibited.
6. Collection and Use of Your Information.
   1. You acknowledge that when you access or use the System, we may use automatic means to collect information about your Device and about your use of the System.
   2. You will also be required to provide certain information about yourself or your vehicle as a condition to using the System or certain of its features or functionality, and the System may provide you with opportunities to share information about yourself with others.
   3. You agree that you will update and keep current all information that you provide to CDBV through the System, including payment and vehicle information.
   4. All personal information we collect through or in connection with this System is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this System, you consent to processing of your personal information in accordance with the Privacy Policy.
7. Your Account and Payment Terms.
   1. Your user account for the System will be accessed through a username and password that you will create (your “Credentials”). You may also be required to provide a telephone number or email address for purposes of multi-factor authentication. You are responsible for maintaining the confidentiality of your Credentials, and you are fully and solely responsible for all activities that occur under your user account. We encourage you to use unique Credentials and not use a password that you use on another website, app, or other online service. Cybercriminals often obtain credentials by attacking one online service and then try to access other online services using those same credentials. It is up to you to take adequate precautions with your Credentials, and to immediately notify CDBV of any unauthorized use of your Credentials.
   2. CDBV can refuse registration of, access to, or cancel a user account in its discretion, at any time, for reasons such as violation of applicable law, breach of these Terms, force majeure, or any other matter that in CDBV’s discretion warrants such refusal or cancellation. If your account has no transaction activity for two (2) years, consecutively, we may close your account and disable that account’s access to the System. In addition, to the extent that we owe you any credits or reimbursements for Fees (as defined below) after we close your account, we will endeavor to transfer any such credits or reimbursements to you in accordance with applicable law.
   3. You are solely responsible for obtaining and maintaining all equipment and ancillary services needed for your access to and use of the System and for paying all charges related to that equipment and ancillary services, including any fees for data, roaming, or messaging services.
   4. You agree to pay the amounts set forth in the System for any charges incurred by the vehicles registered to your account, in addition to any activation, prepayment, reactivation, or other fees associated with your account (“Fees”). Fees may include charge(s) from the relevant Transportation Authority (“Charge”), plus other fees for any processing and management or similar fees imposed on CDBV by any Transportation Authority to process or manage Charges. Transportation Authorities set the amount of the Charges. Fees will be applied based on the license plate number provided for each vehicle that uses the System and our services. Components of each Charge can be seen in the System.
   5. We will notify you of any inability to collect Fees due on your account as a result of invalid payment or vehicle information. After we notify you of such inability three (3) times, we may suspend or terminate your user account or we may remove the affected vehicle from your user account. Once your user account, or a vehicle on your user account, has been suspended or terminated, you may be required to register your vehicle again or open a new user account. You are responsible for paying all Fees associated with your use of the System, even after your user account is terminated. You agree that in the event that your user account is terminated, we may retain your payment information for up to sixty (60) days in order to process transactions that have been incurred but not paid by you. If your account is suspended or terminated, you are responsible for paying any fees or other costs charged by the applicable Transportation Authorities related to your motor vehicle during such suspension or after such termination.
   6. We do not store the credit card information you provide through the System on systems owned by CDBV but we participate in the cardholder data environment and will comply with the applicable Payment Card Industry ("PCI") standards. We use third party payment processors to complete transactions through the System. We require these processors to comply with applicable PCI standards, including PCI Data Security Standards. However, we cannot guarantee absolute security of your credit card information and will not be liable for any theft or unauthorized use of your credit card information by third parties.
8. Acceptable Use. By using the System, you expressly agree to the following:
   1. You are at least eighteen (18) years old.
   2. You will provide accurate, true and current information as prompted during the user account registration process and shall keep it current at all times; if you do not provide accurate information (e.g., an incorrect license plate number) you will be liable for fees associated with that inaccurate information (e.g., tolls incurred by the vehicle with that incorrect license plate number).
9. You will notify CDBV immediately of any breach of security or unauthorized use of your user account.
10. Although CDBV will not be liable for your losses caused by unauthorized use of your user account, you may be liable for the losses incurred by CDBV due to such unauthorized use.
11. You will not attempt to hack, destabilize or adapt the System or its source code.
12. You will not abuse, harass, threaten, harm or impersonate personnel of CDBV or any of CDBV’s partners, at any time or for any reason.
13. You will not use the System for any illegal or unauthorized purpose. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the System.
14. You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the System. And, you agree not to use the System to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity.
15. You will not run Listserv, any form of auto-responder, or “spam” on the System, or any processes that run or are activated while you are not logged on to the System, or that otherwise interfere with the proper working of or place an unreasonable load on the System’s infrastructure. And, you will not use any high volume manual methods or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the System.
16. You will not access the System for the purpose of directly or indirectly competing with CDBV or its affiliates, including performing any benchmarking or similar activities.
17. You will obey all traffic laws, traffic rules and regulations governing the operation of your vehicle registered in the System and you will not use the System in any manner that violates such laws or regulations.
18. You will not use any mobile device on which the System is available while driving in a way that distracts your attention away from the road and could result in loss of vehicle control, crash and injury.
19. You will not assist or encourage any other person to engage in any of the acts prohibits in this section.
20. Support. For technical support or account assistance in connection with the System, please contact us via email at support@nextmovebycintra.com or by phone at +1 (888) 320-4337 on Monday through Friday from 8:00 AM to 5:00 PM (PT). We periodically schedule system downtime that will make the System unavailable for use. Unplanned outages may also occur. You agree that CDBV has no responsibility and is not liable for: (a) the unavailability of the System caused by such system outages; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including any companies or servers hosting the System, any Internet service providers, or otherwise.
21. Updates. We may from time to time, in our sole discretion, develop and provide System updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the Internet either:
    1. the System will automatically download and install all available Updates; or
    2. you may receive notice of or be prompted to download and install available Updates. The System or portions of the System may not operate properly if you do not promptly download and install all Updates. You further agree that all Updates will be deemed part of the System and be subject to all terms and conditions of these Terms. Moreover, the System or portions of the System may not work properly in the event that the operating system or firmware on your Device is updated or modified. However, we will endeavor, but have no affirmative duty or obligation, to maintain compatibility with existing and future operating systems or firmware updates or modifications on your Device when commercially reasonable and in our sole discretion.
22. Feedback. Your submission of any comments, suggestions, or feedback relating to the System (collectively, “Feedback”) is voluntary. By providing Feedback, you grant CDBV and its affiliates a perpetual, worldwide, non- exclusive, irrevocable, royalty-free license to exploit that Feedback for any purpose, including developing, manufacturing, promoting, selling and maintaining CDBV’s and its affiliate’s products and services. We have no obligation to treat any Feedback as your confidential information, and will not incur any liability as a result of any similarities that may appear in our future services or operations.
23. Third-Party Materials. The System may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). Please also see our Privacy Policy for your options with respect to processing of personal information in connection with third-party advertising displayed through the System. You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. CDBV does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links to Third-Party Materials are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to the third parties’ terms and conditions.
24. Term and Termination.
    1. The term of these Terms commences when you access or visit the System(the “Effective Date”) and will continue in effect until terminated by you or CDBV as described in these Terms.
    2. You may terminate these Terms by (i) selecting "Delete Account" in the System, and (ii) confirming such selection.
    3. We may suspend the System or terminate these Terms at any time without notice.
    4. In addition to the termination rights included in other sections of these Terms, upon the occurrence of any of the events below, CDBV, in its sole discretion, has the right to suspend or terminate your user account and/or terminate these Terms:
       1. Your failure to comply with any restriction in Section 2 (License Restrictions);
       2. Your violation of any provision in Section 7 Your Account and Payment Terms;
       3. Your violation of any provision in Section 9 (Acceptable Use); or
       4. Your violation of any provision in Section 19 (Jurisdictional Considerations; Export Regulation; and Anti-Corruption).
    5. Upon termination:
       1. all rights granted to you under these Terms will also terminate; and
       2. you must cease all use of the System and delete your user account with the System.
    6. Termination will not limit any of our rights or remedies at law or in equity. The provisions of these Terms that must continue beyond the term in order to give them full force and effect, including Sections 4, 12, and 13 – 30, will survive any termination or cancellation of these Terms.
25. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SYSTEM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CDBV, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SYSTEM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, CDBV PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SYSTEM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
26. Limitation of Liability.
    1. EXCEPT FOR ACTS OF WILLFUL MISONDUCT OR GROSS NEGLIGENCE, CDBV AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN ANY WAY RELATED TO (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SYSTEM; (ii) ANY CONDUCT OR CONTENT OF YOU, ANY OTHER USER, OR ANY THIRD PARTY IN CONNECTION WITH THE SYSTEM, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM CDBV’S SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR INFORMATION OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CDBV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. EXCEPT FOR ACTS OF WILLFUL MISONDUCT OR GROSS NEGLIGENCE,CDBV’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SYSTEM OR THE CONTENT IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
    3. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING SIMPLE NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CDBV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CDBV. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
27. Indemnification. You agree to indemnify, defend, and hold harmless CDBV, its affiliates and their respective officers, directors, employees, agents, successors, and assigns (collectively, “CDBV Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to (a) the Content you submit or make available through the System; (b) any misuse of the System under your user account; or (c) your breach of these Terms.
28. Jurisdictional Considerations; Export Regulation; and Anti-Corruption.
    1. The System is intended for users who reside in the United States of America. CDBV makes no representations or warranties that the System or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the System outside of the United States, you do so at your own risk and are responsible for compliance with applicable local laws.
    2. Without limiting the terms in Section 19.a above, the System may be subject to export control laws of the United States, including the Export Control Reform Act and its associated regulations, and the United States Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. Accordingly, you shall not access or use the System or any Content in a U.S.-embargoed or sanctioned country (currently Cuba, Iran, Syria, Crimea - Region of Ukraine, Iraq, North Korea, and Russian industry sector) or in violation of any U.S. export law or regulation.
    3. You represent and warrant that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any CDBV employees or agents in connection with these Terms. If any CDBV employee or agent has provided you with reasonable gifts and entertainment in the ordinary course of business, then this Section 19.c has not been violated. If any CDBV employee or agent offers you any illegal or improper bribe, kickback, payment, gift, or thing of value, you will use reasonable efforts to promptly notify us at support@nextmovebycintra.com
29. Severability. If any provision of these Terms is found to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
30. Governing Law. These Terms are governed by and should be construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule that would apply the law of another jurisdiction.
31. Dispute Resolution. If you have a dispute regarding a Fee charged to a vehicle registered in your account through the System, please contact us at: support@nextmovebycintra.com. The Transportation Authorities will not be a party to that dispute. You agree that any and all disputes or claims that have arisen or may arise between you and CDBV relating in any way to or arising out of these Terms, the Privacy Policy, or the System that have not been resolved after contacting us will be resolved exclusively through final and binding arbitration (“Arbitration Agreement”), rather than in court, except that you may assert claims in small claims court, if your claims qualify. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this section.
    1. You and CDBV agree that each party may bring claims against the other party only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and CDBV agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
    2. A form for initiating arbitration proceedings is available on the American Arbitration Association (“AAA”) site: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf . In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to CDBV at 9600 Great Hills Trail, Austin, TX 78759, ATTN: Legal Department (the “Notice Address”).
    3. The arbitration will be conducted by the AAA under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this section. The AAA’s rules are available at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by sending a written request for the rules to the Notice Address.
    4. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law or regulation.
    5. Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules, unless otherwise stated in this section. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, CDBV will pay the additional cost. We will also reimburse fees invoiced by AAA, including filing fees and arbitrator and hearing expenses, for claims totaling less than $10,000. For claims at or above $10,000, if the arbitrator finds the arbitration to be non-frivolous, CDBV will pay the fees invoiced by AAA, including filing fees and arbitrator and hearing expenses.
    6. 30-Day Right to Opt-Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out (“Opt-Out Notice”) (i) by email to support@nextmovebycintra.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” or (ii) by mail at the Notice Address. The Opt-Out Notice must be sent within thirty (30) days of (1) the Effective Date of these Terms; or (2) the first date that you used the System that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. To be effective, all Opt-Out Notices must contain your full name, address, and signature. If you opt out of these arbitration and class action waiver provisions, CDBV also will not be bound by them, but all other provisions of these Terms will continue to apply. Opting out of the arbitration and class action waiver provisions has no effect on any previous, other, or future arbitration agreements that you may enter with us.
    7. If we change this Arbitration Agreement or class action waiver provision of these Terms after the date you first agreed to the Terms or to any subsequent changes to the Terms, you may reject any such change by providing us with written notice of such rejection within thirty (30) days of the date such change becomes effective. Your written notice must be sent
       1. by email to support@nextmovebycintra.com
       2. by mail at the Notice Address
32. Time to File Claims; Single Recovery. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SYSTEM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES (OR WITHIN THIRTY (30) DAYS WITH RESPECT TO ANY DISPUTES OF FEES AFTER SUCH FEE IS PAID OR OTHERWISE DUE), OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. IF YOU RECOVER ANY AMOUNTS FROM A TRANSPORTATIION AUHTORITY OR OTHER THRID PARTY FOR A CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THSE TERMS OR THE SYSTEM, YOU AGREE NOT TO SEEK, AND HAVE NO RIGHT OF RECOVERY OF, THOSE AMOUNTS FROM CDBV.
33. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or power under these Terms operates as a waiver of that right or power, nor will any single or partial exercise of any right or power under these Terms prevent any further exercise of that or any other right or power under these Terms.
34. Modification. CDBV reserves the right, in our sole discretion, to modify these Terms at any time upon notice to users. Any modified Terms are effective as soon as they are posted online. We also reserve the right to waive or modify any of these Terms as they apply to specific users without affecting the application of these Terms to all other users. Your continued use of the System, or any materials or services accessible through it, after the modified Terms are posted means you accept the modifications.
35. Interpretation. The headings used in these Terms are for convenience only and have no legal meaning or effect. Unless the context clearly indicates to the contrary, in these Terms (a) the plural includes the singular and the singular includes the plural; (b) “and” and “or” are each used both conjunctively and disjunctively; (c) “any,” “all,” “each,” or “every” means “any and all,” and “each and every”; (d) “includes” and “including” are each “without limitation”; (e) “herein,” “hereof,” “hereunder” and other similar compounds of the word “here” refer to these Terms as a whole and not to any particular paragraph, subparagraph, section or subsection; and (f) all pronouns and any variations thereof will be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to may require.
36. No Third Party Beneficiaries. Other than the CDBV Indemnitees, no other person or entity will be third-party beneficiaries to the Terms; provided, however, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
37. Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and CDBV with respect to the System and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the System.
38. Electronic Communication and Electronic Signatures; Notices.
    1. You agree to be bound by any affirmation, assent, or agreement you transmit through the System, including any consent you give to receive communications from CDBV solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer or mobile device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. If you have any questions about these Terms, please contact us by email at support@nextmovebycintra.com.
    2. All notices required or otherwise provided for under these Terms will be sent by certified or registered mail (return receipt requested), reputable overnight courier with shipment tracking capabilities (postage prepaid), email (other than notices of termination or an indemnity claim) or hand delivery to the other party at the addresses below:
    3. For CDBV: 9600 Great Hills Trail, Austin, TX 78759, ATTN: Legal Department, or support@nextmovebycintra.com.
    4. For you: At the address you provided during registration or as updated by you by providing notice to support@nextmovebycintra.com.
    5. Notices will be deemed to have been received (i) five (5) business days after mailing if given by mail, (ii) upon receipt if hand delivered, and (iii) one (1) business day after sending if given otherwise.
39. Use of Third Party Marks. Product and company names used in these Terms may be protected as common law trademarks or registered trademarks of their respective holders. Our use of those names does not imply any affiliation with or endorsement by those holders.