Legal
Terms of Service
Effective date: October 23, 2026
Please read these Terms of Service carefully before using the Cruze Cart mobile application or website. By accessing or using Cruze Cart, you agree to be bound by these terms.
1. Acceptance of Terms
By downloading, installing, or using the Cruze Cart application ("App") or visiting cruzecart.com ("Site"), you agree to these Terms of Service ("Terms") on behalf of yourself. If you do not agree to these Terms, do not use the App or Site. These Terms are a contract between you and Cruze Cart, LLC, a Georgia limited liability company ("Cruze Cart," "we," "our," or "us").
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION "DISPUTE RESOLUTION AND BINDING ARBITRATION" BELOW) THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING BY REQUIRING MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN THAT SECTION.
Cruze Cart reserves the right to update or modify these Terms at any time. When we make material changes we will notify you in the App or by other reasonable means. Your continued use of the App after any changes constitutes your acceptance of the revised Terms. How we give you notice, and your agreement to receive notices and records electronically, are described in the "General Terms" section below.
2. Eligibility and Minors
You must be at least 13 years old to use the App or to create an account. We ask for your date of birth at sign-up to check this. The App can also be used without an account, and the same minimum age applies.
If you are between 13 and 17, you may use the App only if a parent or legal guardian has reviewed and agreed to these Terms on your behalf and accepts responsibility for your use of the App. If you are a parent or guardian and you allow a minor to use the App, you agree to these Terms on their behalf, you are responsible for their use of it, and you are responsible for supervising whether they are permitted to operate a golf cart at all.
Some parts of the service have their own age requirements — in particular, contests and prize promotions are open only to entrants who are at least 18 (see "Contests, Promotions, and Sweepstakes"). Separately, and regardless of age, you may navigate with the App only if you are legally permitted to operate a golf cart where you are driving (see "Use of the App").
3. Use of the App
Cruze Cart is a navigation application designed to assist users in traveling golf cart paths in Peachtree City, Georgia and other designated communities. The App is intended for use with street-legal golf carts on designated cart paths only.
Driver eligibility. By using the App to navigate, you represent that you are legally permitted to operate a golf cart under applicable law, including Georgia's licensing and minimum-age requirements for operating a motorized cart on public paths and roadways. You are responsible for complying with all local ordinances governing golf cart operation where you drive, including registration and equipment requirements, passenger occupancy limits, and child-restraint requirements. Cruze Cart does not verify your license, age, cart registration, or eligibility to drive.
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the App while operating a vehicle in a manner that violates applicable traffic laws
- Rely solely on the App for navigation without exercising independent judgment
- Use the App to access restricted or private property
- Attempt to reverse engineer, decompile, or extract source code from the App
- Circumvent, probe, or abuse the App's services, rate limits, or promotional codes
- Use the App in any way that could damage, disable, or impair the service
- Harass, stalk, or endanger any person, including through location-sharing features
- Submit path reports you know to be false, or submit reports repeatedly or abusively
- Scrape, crawl, harvest, or bulk-download content or data from the App, the Site, or our public endpoints, or access them by any automated means, without our prior written permission
- Send us false usage, impression, or tap data, or otherwise interfere with how the App measures or reports activity
Open map data is not restricted. The restrictions above apply to Cruze Cart's own content and services. They do not restrict any right you have in the underlying OpenStreetMap data, which is licensed to everyone under the Open Database License — see "Intellectual Property" below.
4. Navigation Disclaimer and Safety
Cruze Cart, LLC is not responsible for any accidents, collisions, injuries, property damage, or any other harm that occurs while using the App. Navigation data, routes, and arrival estimates are provided for planning purposes only and may not reflect actual conditions. You are solely responsible for operating your vehicle safely and in compliance with all applicable laws, signs, signals, and posted restrictions, which always take precedence over any route or instruction shown in the App.
Map data, cart path information, and routing suggestions may not always be accurate, complete, or up to date. Path closures, construction, weather, darkness, surface conditions, and other factors can affect navigability. Always exercise caution, remain attentive to your surroundings, and use your own judgment when following navigation instructions.
Never use a handheld device in a manner that distracts you from safe operation of your golf cart. Use Apple CarPlay, Android Auto, or other hands-free features where available. Weather alerts, when enabled, are a convenience and not a substitute for official warnings or your own judgment; they may be delayed, inaccurate, or absent. Cruze Cart, LLC assumes no liability for any loss or damage arising from your reliance on the App's navigation or weather data.
Assumption of risk. Operating a golf cart or any other vehicle involves inherent risks, including the risk of collision, injury, death, and property damage. By using the App you acknowledge these risks and agree that you assume all risk arising from your operation of a vehicle and your use of, or reliance on, the App — including routes, directions, arrival estimates, path and map data, and weather information. The App does not verify that any path, road, or crossing is legal, open, or safe for golf cart travel at the time you travel it, and it is not a substitute for your own attention and judgment.
5. Clearances, Range, and Other Estimates
Clearance and dimension data. The App may show the height, width, or other dimensions of tunnels, bridges, underpasses, gates, and similar structures. This information comes from municipal inventories, published surveys, and other third-party sources. Some values are estimates rather than measurements — the App marks these "Est." where we know a value is estimated, but any value shown may be inaccurate, rounded, or out of date, and clearances change with resurfacing, flooding, construction, and debris.
The clearance check is not a guarantee. Any warning the App gives about whether your cart fits through a structure is calculated entirely from the cart height you enter in the App. We do not measure or verify your cart, its accessories, or anything you carry on it, and the check applies no safety margin. Measure your cart yourself, at its highest point, including the roof, windshield frame, and any light bar, antenna, rack, or flag — and remember that a load, added passengers, or tire pressure can change your effective height. You are solely responsible for knowing your cart's true height and for confirming that it clears any structure before you drive through it — including when you choose to continue past a clearance warning (for example, by selecting "Route through it anyway"), which is your decision and at your own risk.
Use your own judgment. Look at the structure in front of you before you enter it. A posted clearance sign, barrier, or closure always takes precedence over anything the App shows. Do not enter a tunnel, bridge, underpass, or gate unless you are certain your cart clears it — if you are not sure, stop and go around. Nothing in the App, including a route it gives you, a warning it shows, or the absence of a warning, replaces your own inspection and judgment at the structure itself.
Range estimates. Battery and fuel range figures, including any remaining-range or reach-your-destination indication, are estimates for planning purposes only and are not guarantees. Actual range varies significantly with terrain and elevation, passenger and cargo load, battery age and condition, temperature, tire pressure, accessory use, and driving style. Never rely on a range estimate to reach a destination or to return home; keep a margin, and plan for charging or refueling.
To the fullest extent permitted by law, Cruze Cart, LLC is not responsible for damage to any golf cart, vehicle, cargo, structure, or other property, or for any injury, arising from your reliance on clearance or dimension data, range estimates, arrival estimates, or routing provided by the App — including where that information is inaccurate, incomplete, out of date, or missing entirely, and including a structure the App did not warn you about. These are estimates and aids to planning; your own inspection and judgment control.
6. Subscriptions, Billing, and Promo Codes
Certain features ("Cruze Cart Premium" — currently including features such as Group Cruze, weather alerts, battery and fuel range estimation, and premium themes) require a paid subscription. The features included in Premium may change over time; see "Changes to the Service and Beta Features" below. In-app subscriptions are purchased through the app store for your device — the Apple App Store on iOS, or Google Play on Android — as auto-renewing subscriptions processed by that store:
- Prices and available terms (e.g. monthly or annual) are shown in the App before purchase. Payment is charged to your Apple App Store or Google Play account at confirmation of purchase.
- Subscriptions renew automatically unless canceled before the end of the current billing period (at least 24 hours before renewal on iOS). Manage or cancel anytime in your Apple App Store or Google Play account settings; deleting the App does not cancel a subscription.
- Where offered, introductory free-trial periods convert to a paid subscription at the end of the trial unless canceled beforehand. Trial eligibility is determined by the applicable store (Apple or Google).
- Refunds for in-app purchases are handled by the applicable store — Apple or Google — under that store's terms.
Complimentary and promotional access. We may issue promotional codes, or grant Premium access directly, at no charge — for example for testing, support, community partners, or promotions. Complimentary access is not a purchase and is not a paid subscription: it is non-transferable, has no cash value, may be limited in number and duration, may be redeemed only once per account, and may be modified, ended, or revoked at our discretion (including where we suspect fraud or abuse). Access granted this way ends when the granted period ends or when we end it, even where the App describes it as ongoing.
Deleting your account does not cancel a subscription bought from Apple or Google — cancel it in that store's account settings.
7. Changes to the Service and Beta Features
We may change, add, or remove features, and we may suspend or discontinue the App, the Site, or any part of them, at any time. We may also stop supporting a particular city, device, or operating-system version. Where we make a material change that removes a feature you are actively paying for, we will give notice through the App or by other reasonable means before the change takes effect.
Experimental and staged features. Some features are experimental, are released to a portion of users at a time, or can be turned on and off remotely while we evaluate them — including parts of the routing engine. Those features may change, behave inconsistently, or be withdrawn without notice, and they are provided without any warranty of any kind.
Reference data is not guaranteed. Data the App shows about equipment — for example golf cart makes, models, battery capacities, and weights in our cart catalog — is compiled from manufacturer publications and other sources and is often estimated or incomplete. Verify anything that matters against your own cart and its documentation.
8. Cruze Cart Family
Cruze Cart Family lets one Premium subscription cover a small group. A Family holds up to five people in total, including the person who creates it ("organizer"). Members join with an invite code the organizer generates, which expires 48 hours after it is created and can be revoked or regenerated at any time.
- No payment obligation for members. Joining a Family does not create any payment obligation for the joining member and does not charge them anything. The organizer's subscription is the only purchase involved.
- The organizer controls the Family. The organizer (and any co-organizer they appoint) can remove a member or delete the Family entirely. Members can leave at any time.
- Access ends immediately. When you leave a Family, are removed from it, or the Family is deleted, shared Premium access ends right away. Premium access also ends for everyone if the organizer's subscription lapses, is canceled, or is refunded.
- Family sharing does not transfer or split the underlying subscription. The Apple App Store or Google Play subscription remains solely the organizer's: it stays on their store account, only they can manage, renew, or cancel it, and no part of it is assigned or divided among members. Cruze Cart Family is separate from Apple Family Sharing and Google Play family library and does not use them.
Family membership is for a household or a small group of people you know. Do not share invite codes publicly or resell access; we may remove members, dissolve a Family, or suspend accounts where we find the feature is being abused.
9. Group Cruze and Location Sharing
Group Cruze lets you share your live location, route, and destination with members of a group you join or create. By starting or joining a group you direct us to share this information with the other members of that group for the duration of the session (see the Privacy Policy for details and retention).
- Only share your location with people you trust, and only join groups from invite links you trust. You can leave a group, stop sharing, or end a session at any time.
- Shared locations are approximate and may be delayed or unavailable; do not rely on them for safety-critical coordination.
- You may not use Group Cruze to track, harass, or endanger any person. We may suspend accounts that misuse location-sharing features.
10. Rider Reports, Feedback, and User Submissions
The App lets riders report conditions on the path — for example a fallen tree, debris, flooding, or police presence. Reports you submit, and the content of reports other riders submit, are "Rider Reports."
- Reports are unverified. Rider Reports are submitted by other users. Cruze Cart does not inspect the path, verify that a reported condition exists, or confirm that a cleared condition is gone. A report may be wrong, stale, misplaced, or missing entirely — the absence of a report does not mean a path is clear or safe. Treat Rider Reports as informal rider-to-rider information, not as an official notice, and rely on your own observation.
- Hazard reports can change routes. A hazard report blocks the affected path segment and reroutes other riders around it, which may send them on a longer or different route. Police reports warn riders traveling that way and do not change routing.
- Accuracy is your responsibility. You agree to submit reports only for conditions you have actually observed, and not to submit reports you know to be false, to submit them repeatedly or abusively, or to use reports to harass anyone, to interfere with other riders' routes, or to discourage travel near a particular business or property.
- License to your submissions. By submitting a Rider Report you grant Cruze Cart a non-exclusive, royalty-free, worldwide license to store, use, reproduce, display, distribute, adapt, and moderate that report in the App and Site, and to use it in de-identified and aggregated form to improve path data and share path conditions with the city. You represent that you have the right to submit what you submit.
- Moderation. We may remove, decline to display, expire, or correct any Rider Report at any time, and we may suspend or terminate accounts that submit false, abusive, or manipulative reports. We are not obligated to review or moderate reports, and we do not endorse them.
Cruze Cart, LLC is not responsible for any loss, injury, delay, or property damage arising from a Rider Report — including a report that is inaccurate, a report that is missing, or a reroute triggered by another rider's report.
Feedback and suggestions. If you send us feedback, map corrections, bug reports, or ideas — through the support page, by email, or any other way — you agree we may use them for any purpose, commercially or otherwise, without any obligation to you and without compensation, credit, or confidentiality. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate what you send. Please do not send us anything you consider confidential or that you are not free to share.
11. Partner Content and Advertising
The App displays business listings, events, and search results, some of which are paid placements from local business partners. Paid placements are labeled (for example "Promoted" or "Today Only"), and a labeled placement may also be one we provided at no charge. Cruze Cart, LLC does not endorse and is not responsible for the products, services, accuracy, or availability of any partner or third-party business shown in the App. Partner advertising on the Site is governed by the Cruze Cart Advertising Terms, which are incorporated into these Terms for advertisers.
Listings we show without a partner. Where a placement has not been sold, the App may fill the space with a listing for a local business that has no relationship with Cruze Cart and has not paid for or agreed to appear. These listings are compiled from public information, are not advertisements, and are not endorsements, sponsorships, or claims of affiliation in either direction. Their details — including names, addresses, hours, and locations — may be incomplete, out of date, or wrong. If you own a business shown this way and want the listing corrected or removed, email support@cruzecart.com and we will do so promptly.
12. Contests, Promotions, and Sweepstakes
From time to time, Cruze Cart may offer contests, promotions, giveaways, or sweepstakes ("Contests") — including scavenger hunts played in the App, where you answer riddles by traveling to locations. Participation in any Contest is voluntary and subject to the following rules, in addition to any specific rules posted for that Contest:
- Age requirement: You must be at least 18 years of age to participate in any Contest.
- Eligibility: Contests are open only to legal residents of the United States unless otherwise specified. Employees of Cruze Cart, LLC and their immediate family members are not eligible to participate.
- Disqualification: Cruze Cart, LLC reserves the right to disqualify any participant at any time and for any reason, including but not limited to: suspected fraud, abuse, violation of these Terms or Contest-specific rules, or conduct we deem harmful to the integrity of the Contest or the Cruze Cart community.
- Rule changes: Cruze Cart, LLC reserves the right to modify, suspend, or terminate any Contest at any time without notice. We may change the rules, prizes, eligibility criteria, or any other aspect of a Contest at our sole discretion.
- No cash equivalent: Prizes are non-transferable and have no cash equivalent unless explicitly stated.
- Taxes: Winners are solely responsible for any applicable taxes on prizes received. To award a prize we may need to collect information from the winner, including a legal name, mailing address, and any taxpayer information required to report the payment.
- Location data: Contests that involve traveling to a place — such as scavenger hunts — record where you were when you submitted an answer, together with your account. This is described in the Privacy Policy.
Decisions made by Cruze Cart, LLC regarding Contests, including winner selection and disqualification, are final and binding.
13. Merchandise Sales, Shipping, and Returns
We may offer physical merchandise for sale on the Site. Merchandise payments are processed by Stripe; prices, applicable taxes, and shipping costs are shown at checkout. Merchandise currently ships only to addresses in the United States. Your order confirmation email is your record of the purchase.
All merchandise sales are final, except that if an item arrives defective, damaged, or incorrect, contact us at support@cruzecart.com within 30 days of delivery and we will replace the item or refund the purchase. Estimated shipping and delivery times are not guaranteed, and we are not responsible for carrier delays.
Payment disputes. If something is wrong with an order, contact us first — we would rather fix it. Filing a card dispute or chargeback instead of contacting us does not change what this section provides, and we may respond to the dispute with our records of the order. We may suspend or restrict an account while a dispute is open.
14. Accounts, Registration, and Deletion
Certain features of the App may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating your account and to update it as necessary. Cruze Cart, LLC reserves the right to terminate accounts, remove content, or restrict access at our sole discretion.
You can permanently delete your account at any time from the App's settings (or by emailing support). Deletion is immediate and removes your account and associated data as described in the "Data Retention and Account Deletion" section of the Privacy Policy, which is the controlling description of what is deleted and what is kept. Deleting your account does not cancel a subscription bought from the Apple App Store or Google Play — cancel it in that store's account settings.
15. Government and Municipal Users
We provide some cities and other public agencies with a dashboard showing how the cart-path network is used, so they can maintain and plan it. If you access that dashboard on behalf of a public agency, this section applies to you in addition to the rest of these Terms, and it controls if the two conflict.
- Purpose. The data is provided for maintaining, planning, and improving cart-path infrastructure and public safety — not for enforcement against individuals, not for commercial resale, and not for any attempt to identify a rider.
- No re-identification. You agree not to attempt to identify any individual from the data, and not to combine it with other data for that purpose.
- Redistribution. The data is licensed to your agency for its own use. Do not republish or sell it, or provide it to a third party, without our written permission — except where a public-records or open-records law requires disclosure.
- Public records. We understand that material your agency holds may be subject to public-records law. If you receive a request covering this data, please notify us so we can respond if appropriate.
- Accuracy. The data is derived from estimates and from riders who chose to share usage statistics. It is not a survey, a census, or a complete record of travel, and it must not be treated as one. It is provided "as is."
The "Dispute Resolution and Binding Arbitration" section does not apply to a public agency using this dashboard, and nothing in these Terms requires a public entity to arbitrate, to indemnify us, or to accept a limitation of liability beyond what applicable law permits it to accept.
16. Intellectual Property
The App, Site, and all content, features, and functionality (including but not limited to software, text, graphics, logos, and images) are owned by Cruze Cart, LLC or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, or publicly display any content from the App or Site without our prior written consent.
Open map data. Map data includes content from OpenStreetMap contributors, used under the Open Database License (ODbL). The restriction above applies to Cruze Cart's own content and does not limit any right you have in the OpenStreetMap data itself — those rights come from the ODbL, and nothing in these Terms takes them away or purports to.
If you believe content in the App or on the Site infringes your copyright, see "Copyright Complaints (DMCA)" below.
17. Copyright Complaints (DMCA)
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. This matters because parts of the service carry material submitted by others — advertiser images and business details, and rider path reports.
To send a notice, write to our designated agent at support@cruzecart.com (subject line "DMCA"), or by mail to Copyright Agent, Cruze Cart, LLC, PO Box 202, Peachtree City, GA 30269. Your notice must include: a signature (physical or electronic) of the copyright owner or someone authorized to act for them; identification of the work claimed to be infringed; identification of the material you say is infringing and enough detail for us to find it; your contact information; a statement that you believe in good faith that the use is not authorized by the owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act for the owner.
Counter-notice. If we remove material you posted and you believe that was a mistake or misidentification, you may send a counter-notice to the same address, including: your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification; and your name, address, and telephone number, together with your consent to the jurisdiction of the federal court for your district (or, if you are outside the United States, for the Northern District of Georgia) and your agreement to accept service of process from the person who sent the original notice. We may restore the material as the DMCA provides.
Repeat infringers. We terminate, in appropriate circumstances, the accounts of users and partners who repeatedly infringe. Sending a notice or counter-notice you know to be materially false can make you liable for damages under the DMCA.
18. Third-Party Services and Links
The App and Site integrate third-party services, including MapTiler (map tiles and styling), OpenStreetMap (map data), OpenWeather (weather data for alerts), Google Places (location search), Apple App Store and Google Play (in-app subscriptions), Stripe (partner advertising and merchandise payments on the Site), Supabase (authentication and data hosting), Apple Push Notification service and Firebase Cloud Messaging (notifications), and Resend (email delivery). Use of these services is subject to their respective terms of service and privacy policies. Cruze Cart, LLC is not responsible for the practices or content of any third-party service.
Links to other sites. The App and Site contain links and contact details that lead elsewhere — a partner's website, a restaurant's menu, a phone number, a third party's privacy policy. We do not control those destinations, we do not review or endorse what is on them, and we are not responsible for their content, accuracy, security, or practices. Following a link is at your own risk and subject to that destination's own terms.
19. Disclaimer of Warranties
THE APP AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CRUZE CART LLC DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRUZE CART, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR SITE, EVEN IF CRUZE CART, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO CRUZE CART, LLC IN THE TWELVE MONTHS PRECEDING THE CLAIM.
21. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cruze Cart, LLC and its members, managers, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the App or Site; (b) your violation of these Terms or of any applicable law or regulation; (c) your operation of a golf cart or other vehicle, including any accident, collision, injury, or property damage; (d) content or information you submit through the App or Site; or (e) your use of location-sharing features, including claims by persons whose location you share or view. This obligation survives any termination of these Terms or your use of the App.
22. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY — IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Informal resolution first. Before filing an arbitration demand or any claim, you and Cruze Cart agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief you seek to support@cruzecart.com or to Cruze Cart, LLC, PO Box 202, Peachtree City, GA 30269. We will do the same if we have a dispute with you, using the contact information on your account. If the dispute is not resolved within 60 days of the notice, either party may begin arbitration.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App or Site that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court. The AAA's rules and filing instructions are available at adr.org. The arbitration will be conducted by a single arbitrator, in the county where you live, or in Fayette County, Georgia, or remotely by videoconference, as the AAA rules provide. Payment of filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
Exceptions. Either party may (a) bring an individual claim in small claims court instead of arbitration, if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. This section also does not apply to a public agency using the municipal dashboard — see "Government and Municipal Users" above.
Class action and jury trial waiver. YOU AND CRUZE CART EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.
30-day opt-out. You may opt out of this arbitration agreement by sending written notice to support@cruzecart.com or to Cruze Cart, LLC, PO Box 202, Peachtree City, GA 30269 within 30 days of first accepting these Terms (or, if this arbitration provision is new to you, within 30 days of its effective date). Your notice must include your name, the email associated with your account (if any), and a clear statement that you want to opt out of arbitration. Opting out of arbitration does not affect any other part of these Terms.
Severability. If any part of this section is found unenforceable, the rest remains in effect — except that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than in arbitration.
23. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs the arbitration provision above. Any dispute that is not subject to arbitration (including if you have validly opted out) shall be resolved exclusively in the state or federal courts located in Fayette County, Georgia, and you consent to the personal jurisdiction of those courts.
24. General Terms
Entire agreement. These Terms, together with the Privacy Policy, Data Policy, and — for advertisers — the Advertising Terms, are the entire agreement between you and Cruze Cart, LLC about the App and Site. They replace any earlier version and any other statement about the service, including marketing material, app-store descriptions, and things said in support conversations.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and everything else stays in full force. This applies throughout these Terms, in addition to the more specific severability rule in the arbitration section.
Assignment. You may not assign or transfer these Terms, or any account or rights under them, without our written consent. We may assign them to an affiliate, or in connection with a merger, acquisition, reorganization, or sale of all or part of our business — in which case we will let you know as described in the Privacy Policy.
No waiver. If we do not enforce a provision of these Terms, or delay in doing so, that is not a waiver of it. A waiver counts only if we put it in writing, and it applies only to the specific instance it names.
Force majeure. Neither party is liable for a failure or delay in performance caused by something outside its reasonable control — including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, epidemics, power or internet failures, acts of government, and failures or changes of third-party services we depend on (such as app stores, hosting, mapping, or payment providers).
Survival. Provisions that by their nature should survive will survive the end of your account or these Terms — including the navigation and estimate disclaimers, the license you grant in Rider Reports and feedback, intellectual property, disclaimer of warranties, limitation of liability, indemnification, dispute resolution and arbitration, governing law, and this section.
Notices and electronic communications. You agree to receive communications from us electronically — in the App, on the Site, or by email to the address on your account — and that electronic communications, agreements, and records satisfy any legal requirement that they be in writing. Notice from us is effective when we post it in the App or on the Site, or when we send it to your account email, whether or not you read it; keep your email address current. If you use the App without an account, notice is effective when posted in the App. Send legal notices to us at Cruze Cart, LLC, PO Box 202, Peachtree City, GA 30269, or support@cruzecart.com — except arbitration notices, which follow the arbitration section. You may withdraw consent to electronic communications by writing to us, but doing so means we may have to close your account, since the service is delivered electronically.
No agency. These Terms do not create a partnership, joint venture, employment, franchise, or agency relationship between you and Cruze Cart, LLC. Neither of us may bind the other.
California users. Under California Civil Code section 1789.3, California residents are entitled to this notice: this service is provided by Cruze Cart, LLC, PO Box 202, Peachtree City, GA 30269. To file a complaint or get more information, write to that address, email support@cruzecart.com, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Headings. Section headings are for convenience only and do not affect how these Terms are read. Sections are numbered automatically as they appear on this page; where these Terms refer to another section, they do so by its name.
25. Contact
These Terms are entered into with Cruze Cart, LLC, a Georgia limited liability company. If you have questions about these Terms, please contact us at support@cruzecart.com or by mail at Cruze Cart, LLC, PO Box 202, Peachtree City, GA 30269.
Questions? Email us at support@cruzecart.com