Terms of Use
Caboose (caboose.world) · Effective October 3, 2026 · Last updated October 3, 2026
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION AND JURY TRIAL WAIVER, A LIMITATION OF LIABILITY AND A RELEASE. BY USING THE SERVICE YOU AGREE TO THEM.
1. Agreement to These Terms; Binding Contract
These Terms of Use (the "Terms") are a legally binding contract between you ("you" or "User") and Island Global Co, a Delaware company, together with its parents, subsidiaries, affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, "Company," "we," "us" or "our"). They govern your access to and use of Caboose, including caboose.world, every subdomain, every mobile or desktop application, every API, every email, text, voice or chat channel, and all content, features, tools and services we make available (together, the "Service").
BY ACCESSING, BROWSING, DOWNLOADING, REGISTERING FOR, PAYING FOR OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY STOP USING THE SERVICE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION AND JURY TRIAL WAIVER, A RELEASE OF CLAIMS, AN INDEMNIFICATION OBLIGATION, DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE SECTIONS TITLED DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, GENERAL RELEASE AND BINDING INDIVIDUAL ARBITRATION CAREFULLY.
Continued use of the Service after we post a change to these Terms is acceptance of the change. Your use of the Service is also governed by any additional terms posted for a particular feature, which are part of these Terms.
2. Eligibility
You must be at least 18 years old (or the age of majority where you live, if higher) and have the legal capacity to form a binding contract to use the Service. The Service is not directed to minors, and you may not use it if you are under 18. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" includes the entity. You represent that you are not barred from using the Service under any law, are not on any government restricted-party list, and have not previously been suspended or removed from the Service.
3. Changes to the Service and to These Terms
We may modify, suspend, discontinue, rate-limit, reprice or remove any part of the Service, any feature, any content, or these Terms at any time, with or without notice, and without liability to you. Material changes to these Terms take effect when posted, or on the later date we state. Your continued use after the effective date is your acceptance. If you do not accept a change, your sole remedy is to stop using the Service.
4. Accounts, Security and Communications
Where an account is offered, you must provide accurate, current and complete information and keep it updated. You are solely responsible for all activity under your account and for keeping your credentials, devices, email inbox and phone secure. You must notify us immediately of any unauthorized use. We are not liable for any loss caused by unauthorized use of your account. We may suspend or delete any account at any time, for any reason or no reason, without notice or liability.
You consent to receive electronic communications from us (including email, in-app messages and, where you opt in, text messages) and agree that all agreements, notices, disclosures and other communications we send electronically satisfy any legal requirement that they be in writing. You agree to electronic signatures, which have the same force as handwritten ones.
5. Limited License; Restrictions
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal, lawful, non-commercial use (or, if you are a business customer, your internal business use) . All rights not expressly granted are reserved. You will not, and will not permit anyone else to:
- copy, scrape, crawl, harvest, mine, index, cache, mirror, frame or systematically download the Service, its data or its content, by any automated or manual means, without our prior written permission;
- reverse engineer, decompile, disassemble, probe, scan or test the vulnerability of the Service, or circumvent any rate limit, paywall, access control, geoblock or technical protection;
- use the Service, its outputs or its data to build, train, fine-tune, benchmark or improve any competing product, dataset or machine-learning model;
- resell, sublicense, lease, white-label or commercially exploit the Service or its outputs except as expressly permitted in writing;
- interfere with or disrupt the Service, its servers or networks, including by introducing malware, bots, denial-of-service traffic or excessive load;
- remove, obscure or alter any proprietary notice, watermark, attribution or disclaimer;
- misrepresent your identity, impersonate any person, or use another person's account or payment method without authorization.
6. Acceptable Use
You will use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You will not use the Service to: violate or infringe any person's rights, including intellectual property, privacy, publicity or contract rights; transmit anything unlawful, defamatory, harassing, threatening, hateful, obscene, fraudulent or deceptive; engage in unauthorized practice of any licensed profession; facilitate violence, self-harm, human trafficking, exploitation of minors, terrorism or weapons development; commit fraud, money laundering or sanctions evasion; send spam or unsolicited communications; or attempt to gain unauthorized access to any system or account. We may, but have no obligation to, monitor, investigate, remove content, report conduct to authorities and cooperate with law enforcement, and you waive any claim arising from our doing so.
7. Intellectual Property
The Service and all of its content, software, design, text, graphics, logos, trademarks, trade dress, data, compilations and underlying technology are owned by Island Global Co or its licensors and are protected by copyright, trademark, trade secret and other laws. Caboose and related names and logos are our trademarks; you receive no right to use them. Nothing in these Terms transfers any ownership interest to you. Any suggestion, idea, feedback or contribution you give us ("Feedback") is voluntary, non-confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use it for any purpose without credit or compensation.
8. Your Content and Inputs
"Your Content" means anything you submit, upload, post, type, dictate or transmit to or through the Service, including prompts, questions, files, photographs, messages and reviews. You retain whatever ownership you have in Your Content. You grant us and our service providers a worldwide, non-exclusive, perpetual (as to backups, logs and legal records), irrevocable, royalty-free, transferable, sublicensable license to host, store, reproduce, process, transmit, adapt, analyze, display and use Your Content as needed to operate, secure, improve, support and promote the Service and to comply with law.
You represent and warrant that you own or have all rights, consents and permissions needed to submit Your Content, that it does not violate any law or any third party's rights, and that it does not contain another person's confidential, privileged, health, financial, biometric or otherwise sensitive information unless you are legally entitled to share it. DO NOT SUBMIT SOCIAL SECURITY NUMBERS, FINANCIAL ACCOUNT NUMBERS, GOVERNMENT ID NUMBERS, PASSWORDS, PROTECTED HEALTH INFORMATION, PRIVILEGED ATTORNEY-CLIENT MATERIAL OR TRADE SECRETS. We have no duty to protect submissions as confidential or privileged, and nothing you submit creates a confidential, fiduciary, attorney-client, doctor-patient, advisory or other special relationship.
9. Copyright Complaints (DMCA)
We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with 17 U.S.C. § 512. Send a written notice to info@island.contact with the subject line "DMCA Notice" that includes: your physical or electronic signature; identification of the copyrighted work; identification and location (URL) of the allegedly infringing material; your contact information; a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the owner. We may remove material, terminate repeat infringers, and forward notices and counter-notices to the affected user. Knowingly misrepresenting infringement may make you liable for damages, including costs and attorneys' fees.
10. Third-Party Links, Services and Content
The Service may link to, embed, display or depend on websites, products, content, advertisements, tools and services owned or operated by third parties (including payment processors, cloud hosts, AI providers, maps, data vendors and merchants). We do not control, endorse, verify or accept responsibility for any third party or its content, accuracy, availability, privacy practices, security, products, prices or conduct. Any dealing with a third party is solely between you and that third party and governed by its terms. A link is not an endorsement. We are not a party to, and are not liable for, any transaction between you and any third party.
11. Artificial Intelligence and Automated Outputs
The Service uses artificial intelligence, machine learning and automated systems (including third-party large language models) that generate text, images, audio, summaries, estimates, recommendations, classifications and other content ("AI Output"). AI Output is probabilistic, may be inaccurate, incomplete, outdated, biased, misleading, offensive or entirely fabricated ("hallucinated"), and may be similar or identical to output given to other users. AI Output is provided for general informational and entertainment purposes only. You are solely responsible for evaluating AI Output and for independently verifying it with a qualified, licensed human professional before relying on it for any decision.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION THAT AI OUTPUT IS ACCURATE, COMPLETE, CURRENT, LAWFUL, NON-INFRINGING OR FIT FOR ANY PURPOSE, AND WE ARE NOT LIABLE FOR ANY ACT, OMISSION, DECISION, EXPENSE OR LOSS ARISING FROM YOUR USE OF OR RELIANCE ON AI OUTPUT. You must not use AI Output as the sole basis for any legal, medical, financial, safety, employment, housing, credit, insurance, immigration, educational or other consequential decision. We may use automated systems to moderate, rate-limit or restrict your access.
12. Affiliate Relationships and Advertising Disclosure
In accordance with the U.S. Federal Trade Commission's Endorsement Guides: the Service contains affiliate links, referral links, sponsored placements and advertising. If you click a link or make a purchase, we may earn a commission or fee at no additional cost to you. Compensation may influence which products, merchants, listings or offers appear and how they are ranked, but we do not guarantee any ranking is objective, complete or best for you. We do not sell, ship, service, warranty or control the third-party products, vehicles, offers or services we link to, and we do not guarantee price, availability, terms, quality or fitness. Prices and offers shown may be out of date; verify everything with the merchant before buying. Amazon and other trademarks belong to their owners. As an Amazon Associate we earn from qualifying purchases, where applicable.
13. Vehicles and Automotive Information
Vehicle listings, reliability data, mileage projections, ratings, prices, recalls and history information are compiled from third parties and public sources, are estimates only, and are not a warranty, inspection, appraisal or recommendation. No vehicle lasts any particular number of miles; condition depends on maintenance, usage and prior history. ALWAYS obtain an independent pre-purchase inspection by a qualified mechanic, run a full vehicle history report, and verify recalls with the manufacturer or NHTSA before buying. We are not a dealer, broker, lender or inspector and are not a party to any vehicle transaction.
14. Listings, Prices, Ratings and Vehicle Data; Not a Dealer
Caboose is an information and discovery service. We are not a dealer, broker, seller, agent, lender, insurer, appraiser, inspector, escrow agent or party to any vehicle transaction, and we never take possession of, hold title to, warrant or deliver any vehicle. Any purchase, financing, trade-in, inspection or other dealing is solely between you and the seller or provider, on their terms, and we are not responsible for any of it.
Listing information (including prices, mileage, VINs, photos, descriptions, locations, dealer names, availability and history) comes from third parties and automated feeds. It may be wrong, stale, incomplete, duplicated, misattributed, mispriced or already sold or withdrawn when you see it, and photos may not depict the actual vehicle. Terms such as below market, savings, discount, deal, score, rating, rank, grade and badge are automated estimates and statements of opinion produced by formulas and third-party data; they are not appraisals, valuations, offers, guarantees of price, condition, quality, history or value, and they are not statements of fact. A vehicle labeled a good deal may be a bad one.
You are solely responsible for independently verifying every material fact before you act, including price, fees, VIN, title status (salvage, rebuilt, flood, lemon-law buyback), odometer reading, accident and repair history, open recalls (check NHTSA), liens, emissions and registration status, equipment and availability, and for obtaining a pre-purchase inspection by an independent qualified mechanic of your choice. Do not rely on anything on the Service as a substitute for that diligence.
FRAUD WARNING: never wire money, send gift cards, cryptocurrency or payment-app transfers, or pay a deposit to hold a vehicle sight unseen, and be skeptical of any seller who refuses an in-person inspection. We do not sell vehicles, do not ask for payment for vehicles, and are not responsible for scams, fake listings, impersonators or losses arising from your dealings with anyone.
15. Vehicle History Reports, Recall Data and Third-Party Tools
Vehicle history reports, VIN decoders, recall information, valuation tools, photos and other data are supplied by third parties such as CARFAX, CarGurus, Edmunds and government sources. No report or database is complete or error-free, and many accidents, repairs and defects are never reported. Buttons and links that open those services take you to sites we do not control; any purchase you make there is a contract between you and that provider, and refunds, accuracy and privacy are their responsibility alone. We make no representation about any third-party report and are not liable for any error in it or any decision you make based on it.
16. Longevity, Reliability and Mileage Ratings
Longevity ratings, mile-rating badges (such as 300K or 500K), rankings, guides and statements about how many miles a model can last are statistical estimates derived from third-party studies and datasets of vehicle populations, such as published analyses of high-mileage vehicle listings. They describe groups of vehicles, not any individual vehicle, and are not predictions, promises, guarantees or warranties that any vehicle will reach any mileage or remain reliable, safe or economical to keep. Real-world longevity depends on build quality, prior use, maintenance, climate, driving style, recalls, accidents, modifications and luck.
A high rating is not an inspection, a certification or a statement about the vehicle in any listing. Repair, maintenance, depreciation and total cost-of-ownership figures, if shown, are illustrative only. You assume all risk of purchasing or keeping any vehicle, including all repair costs, breakdowns, accidents, injuries and losses.
17. Manufacturer, Dealer and Referral Links
Some links, including Shop New and similar buttons, send you to manufacturer or dealer websites through referral or tracking links for which we may be paid. We do not control those sites and do not guarantee any price, MSRP, incentive, rebate, financing rate, trim, availability, delivery date or offer displayed on them or on our pages, all of which can change at any time and may differ from what you see here. Manufacturer and model names, logos and marks belong to their owners; their use identifies vehicles only and implies no affiliation, sponsorship or endorsement.
18. Email Alerts, Newsletters and Saved Searches
If you sign up for email alerts, newsletters, price alerts or similar messages, you consent to receive them at the address you provided until you unsubscribe using the link in any message or by emailing us. Alerts are best-effort, may be delayed, incomplete, duplicated or wrong, and are not a guarantee that you will be told of any vehicle, price change or recall. Do not rely on them for time-sensitive decisions.
19. Financing, Insurance, Trade-In and Dealer Offers
Nothing on the Service is an offer of credit, a loan, an insurance quote or an appraisal, and we do not arrange, broker or recommend financing or insurance. Any rate, payment estimate, monthly figure or affordability indication is illustrative only. Credit, insurance and trade-in decisions are made solely by the relevant third party under its own terms and applicable law.
20. No Professional Advice; Informational Purposes Only
All content, tools and communications on the Service are provided for general informational purposes only. They are not, and are not a substitute for, professional advice of any kind (legal, medical, financial, tax, engineering, architectural, safety, insurance, real estate or otherwise). We make no representation about suitability for your circumstances. You are solely responsible for your decisions and for obtaining advice from a qualified, licensed professional who knows your facts.
21. Assumption of Risk; No Reliance; Independent Judgment
YOU EXPRESSLY ASSUME ALL RISK ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICE AND ANY INFORMATION, OUTPUT, PRODUCT OR THIRD-PARTY SERVICE OBTAINED THROUGH IT. You acknowledge that you have not relied on any statement, promise, projection, testimonial, example, marketing claim or representation not expressly set out in these Terms, and that any testimonials or examples reflect individual experiences that are not typical or guaranteed. You agree that no oral or written statement by any person (including our personnel or automated agents) creates any warranty or modifies these Terms.
22. DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL CONTENT, OUTPUT AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT, DATA OR OUTPUT IS ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
23. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OPPORTUNITY OR ANTICIPATED SAVINGS, COST OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF COMPANY AND ALL RELEASED PARTIES FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO COMPANY FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN, APPLY TO ALL CLAIMS IN THE AGGREGATE (NOT PER CLAIM), AND REFLECT A REASONABLE ALLOCATION OF RISK REFLECTED IN OUR PRICING. Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions our liability is limited to the fullest extent permitted by law.
24. Indemnification
You will defend, indemnify and hold harmless Company and its affiliates, officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns (the "Released Parties") from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, fines, penalties, losses, costs and expenses (including reasonable attorneys', experts' and e-discovery fees) arising out of or related to: (a) your access to or use of the Service; (b) Your Content; (c) your breach of these Terms or any law; (d) your violation of any third party's rights; (e) any decision you make or action you take or fail to take based on the Service or AI Output; (f) any dispute between you and a third party, including any person you share output with; or (g) your gross negligence or willful misconduct. We may assume exclusive control of the defense of any matter, and you will cooperate and may not settle any claim affecting us without our prior written consent. This obligation survives termination.
25. General Release
To the fullest extent permitted by law, you release and forever discharge the Released Parties from all claims, demands, damages and causes of action of every kind, known and unknown, suspected and unsuspected, arising from or related to your use of the Service, any third-party content, products or services, or the conduct of other users or third parties. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction.
26. Pre-Dispute Notice and 60-Day Informal Resolution (Required First Step)
Before filing any claim, demand for arbitration or lawsuit, you must first send a written notice of dispute to info@island.contact (subject line "Notice of Dispute") that states your name, account email, a detailed description of the claim and facts, the specific relief you seek and how you calculated it, and that you personally signed it. You and we will then negotiate in good faith for at least sixty (60) days. No claim may be filed until this process is completed. A court or arbitrator will dismiss or stay any claim filed in violation of this Section, and limitation periods are tolled during the 60 days only for claimants who strictly complied. Lawyers who send notices for many users must send a separate, individually signed notice for each.
27. BINDING INDIVIDUAL ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT.
Scope. Except for the exclusions below, you and Company agree that every dispute, claim or controversy of any kind arising out of or relating to these Terms, the Service, any content or output, our advertising, your relationship with us, or the breach, termination, enforcement, interpretation or validity of these Terms (including whether a dispute is arbitrable, and including claims that arose before you accepted these Terms) ("Dispute") will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are a business), as modified by this Section, rather than in court. The Federal Arbitration Act governs this Section. Hearings, if any, will be conducted by video conference or by written submissions unless the arbitrator finds an in-person hearing necessary, in which case it will take place in the county of your residence (or Delaware for a business). The arbitrator may award the same individual relief a court could, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, scope or formation of this Section, except that a court decides disputes about the Class Action Waiver below.
CLASS ACTION WAIVER. YOU AND COMPANY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION. DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not preside over any form of class or representative proceeding. If this waiver is found unenforceable as to any claim or relief, that claim or relief (and only that) will be severed and litigated in the courts identified below, and stayed until the arbitration of all remaining claims concludes.
Mass Filings. If 25 or more similar demands are filed by or with the coordination of the same or affiliated counsel or organizations, they will be arbitrated in staged batches of no more than 10 cases at a time (chosen 5 by each side), with the remainder stayed and limitation periods tolled for the remainder, and the parties will request a single AAA case manager and a procedure to implement this rule. A court may enforce this paragraph by injunction.
Exclusions. This Section does not apply to (a) individual claims that qualify for small-claims court and are brought and remain there in an individual capacity; (b) Company's claims for injunctive or equitable relief to protect its intellectual property, confidential information or the security of the Service, which may be brought in the courts identified below; or (c) claims that by law cannot be subject to pre-dispute arbitration.
Costs. AAA fees are allocated by the AAA Consumer Rules, except that if the arbitrator finds your claim frivolous or brought for an improper purpose, you will bear the costs and fees as the arbitrator determines to the extent permitted by law. Each side bears its own attorneys' fees unless applicable law or this agreement says otherwise.
30-Day Opt-Out. You may opt out of arbitration and the class waiver (but not the other Sections) by emailing us within thirty (30) days after you first accept these Terms, stating your name, account email and that you opt out of arbitration. If you do not opt out in time, you are bound. Opting out does not affect any other provision.
Confidentiality. To the extent permitted by law, the existence, content and result of any arbitration are confidential, except as necessary to enforce an award.
Survival; Severability. This Section survives termination of these Terms and your use of the Service. If any part of this Section other than the Class Action Waiver is unenforceable, that part is severed and the rest remains in force.
28. Expedited Resolution; Early Dismissal; Limits on Discovery and Costs
The parties intend any Dispute to be resolved quickly and inexpensively. To the fullest extent permitted by law and by the arbitration rules that apply: (a) a single arbitrator will hear the Dispute; (b) the arbitrator will decide the Dispute on written submissions and documents unless a hearing is necessary, and any hearing will be limited to one day by video; (c) discovery is limited to an exchange of the documents each party relies on and, for good cause only, one deposition per side of no more than three hours; (d) no party may take depositions of Company's officers or employees except as the arbitrator finds essential; (e) either party may file an early motion to dismiss or for summary disposition, which the arbitrator must decide within 45 days of filing; and (f) the arbitrator will issue a reasoned written award within 120 days after being appointed, absent agreement or a showing of extraordinary circumstances.
Settlement Offers. At any time more than 10 days before a hearing or decision, Company may serve a written offer to resolve the Dispute for a stated sum or other relief. If you reject the offer and the final award is not more favorable to you than the offer, then to the fullest extent permitted by law you will pay the reasonable costs and attorneys' fees Company incurred after the offer was made, and Company will not owe you any fees or costs incurred after that date. Company will pay a consumer's AAA filing and arbitrator fees where the AAA Consumer Rules or applicable law require it.
Frivolous Claims. By submitting a Dispute you certify that it is warranted by existing law, is not brought for an improper purpose, and has evidentiary support. If an arbitrator or court finds otherwise, it may award the other party its reasonable fees and costs and may dismiss the Dispute with prejudice. No award of punitive, exemplary, multiple, or consequential damages may be made against any Released Party to the fullest extent permitted by law.
29. Waiver of Jury Trial; Venue; Governing Law
TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT IS NOT ARBITRATED, YOU AND COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. For any such Dispute, you irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, waive any objection based on inconvenient forum, and consent to personal jurisdiction there. These Terms and all Disputes are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, and (where applicable) the Federal Arbitration Act. The U.N. Convention on Contracts for the International Sale of Goods and UCITA do not apply. If you are a consumer in a jurisdiction whose mandatory law gives you rights that cannot be waived, those rights are not affected.
30. Shortened Limitation Period
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES (AFTER COMPLIANCE WITH THE 60-DAY NOTICE STEP). OTHERWISE IT IS PERMANENTLY BARRED.
31. Equitable Relief; Remedies
You acknowledge that a breach of Sections on licensing, intellectual property or acceptable use would cause us irreparable harm for which damages are inadequate, and we may seek injunctive relief and specific performance without posting bond, in addition to all other remedies. Our remedies are cumulative. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using it.
32. Termination; Suspension
We may suspend, restrict or terminate your access at any time, immediately, with or without cause or notice, and without liability. You may stop using the Service at any time. On termination, all licenses to you end. Sections that by nature should survive will survive, including those on ownership, Your Content licenses, disclaimers, limitation of liability, indemnification, release, dispute resolution, limitation period and general provisions. We are not obligated to retain or return your data.
33. Force Majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, epidemics, war, terrorism, civil unrest, strikes, government action, utility, internet, cloud-provider or telecommunications failures, cyberattacks, supplier or third-party model outages, or changes in law.
34. Export, Sanctions and Compliance
You may not use or export the Service in violation of U.S. or other applicable export-control or sanctions laws. You represent that you are not located in, or a national or resident of, any embargoed jurisdiction and are not on any U.S. government restricted list.
35. Privacy; Data
Our Privacy Policy at https://caboose.world/privacy explains how we collect and use personal information and is part of these Terms. We do not guarantee any data security measure is impenetrable; you transmit data at your own risk.
36. General Provisions
These Terms (with the Privacy Policy and any posted supplemental terms or signed written agreement) are the entire agreement between you and Company on their subject and supersede all prior understandings. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect; if reformation is impossible it is severed. Our failure to enforce a right is not a waiver. You may not assign or delegate these Terms without our written consent; we may assign them freely, including in a merger, acquisition or sale of assets. There are no third-party beneficiaries except the Released Parties and as stated for app Stores. Nothing creates a partnership, joint venture, agency, fiduciary or employment relationship. Headings are for convenience; "including" means "including without limitation"; these Terms will not be construed against the drafter. Notices to us must be sent to the email below; we may notify you by email, in-app, or by posting. We are not required to retain records of your use and our records are conclusive absent manifest error. Translations are for convenience; the English version controls.
37. Contact
Island Global Co, a Delaware company. Questions or notices: info@island.contact.