Cart Government Solutions LLC Terms & Conditions

Effective Date: 03/24/2026

Cart Government Solutions LLC (Cart Government Solutions LLC,” “we,” “us,” or “our”) is pleased to provide you with our website(s), including [insert website], mobile application(s), and other online or digital services (collectively, the “Services”). These Terms and Conditions (“Terms” or “Terms and Conditions”), together with any terms expressly incorporated by reference, including the Cart Government Solutions LLC Privacy Notice, govern your access to and use of the Services. By clicking “I Accept” (or similar acceptance language) if prompted, including by creating an account with us, you agree to these Terms and Conditions. If you do not agree to these Terms, you should not access or use the Services. Please refer to our Privacy Notice to learn about our privacy practices with respect to your personal data.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL BELOW.

RELATIONSHIP TO OTHER TERMS AND POLICIES

If there are additional terms associated with any portion of the Services, or a specific online service, product, or good that we offer (e.g., terms that apply to the sale and delivery of goods), you will be presented with those additional terms at the time you access the online service, product, or good (the “Additional Terms”). Those Additional Terms supplement these Terms and Conditions and are incorporated herein. To the extent there is any conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control with respect to the specific online service, product, or good or portion of the Services provided subject to those Additional Terms.

ELIGIBILITY AND AVAILABILITY

In order to access and use the Services, the following must be true:

You are the age of majority in your state or territory of residence; and
You live in a state or territory where the Services are made available.

If you do not meet these requirements, you must not access or use the Services. You understand and agree that satisfying the above requirements does not guarantee that you will receive access to the Services. In addition to the above requirements, Cart Government Solutions LLC reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.

Cart Government Solutions LLC is based in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

RESTRICTIONS ON USE

You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the use of the Services. You agree not to use the Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
To impersonate or attempt to impersonate us, our employees, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other user’s use of the Services, including a user’s ability to engage in real time activities through the Services;
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Services;
Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services, the server on which the Services is stored or hosted, or any server, computer or database connected to the Services;
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and
Otherwise attempt to interfere with the proper working of the Services.

AVAILABILITY OF THE SERVICES

We reserve the right to withdraw or amend the Services, and any material we provide on the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or the entirety of the Services.

INFORMATION ON THE SERVICES

The information on the Services has been included in good faith for general informational purposes only. It should not be relied upon for any specific purpose and we make no guarantees or representations as to its correctness, completeness, or accuracy. The Services may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Services is inaccurate or unauthorized, please inform us by contacting us at the contact details provided in the Section “Contact Information.”

INTELLECTUAL PROPERTY

The Services and the entirety of its contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned, controlled or licensed by us, our licensors, suppliers, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Services or any content on the Services is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Cart Government Solutions LLC names and logos and all related product and service names, brand colors, design marks and slogans are the trademarks or service marks of Cart Government Solutions LLC. No trademark or service mark license is granted in connection with the materials contained within the Services. Access to the Services does not authorize anyone to use any Cart Government Solutions LLC name, logo, or mark in any manner.

USER SUPPLIED MATERIAL

The Services may allow you to upload, store, and share content, including messages, texts, photos and other materials (“User Content”). Except as otherwise specifically noted in Additional Terms, your User Content is considered and will be treated as non-confidential, and you hereby grant Cart Government Solutions LLC a nonexclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you. If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity.

You understand that all information, data, or other materials that you and other users of the Services upload, post, transmit, publish, display, or otherwise make available through the Services, including information you share or make available to other users of the Services, are the sole responsibility of you or the person from whom such User Content originated. This means that you, and not us, are responsible for User Content that you upload, post, transmit, publish, display, or otherwise make available through the Services. Under no circumstances will we be liable in any way for or related to any User Content, including but not limited to any errors or omissions in User Content and any loss or damage resulting from use or reliance on User Content on the Services.

If you believe that any User Content violates your copyright, please contact us as described in the Section “Contact Information.”

EXTERNAL LINKS

The Services may provide links to other websites from time to time. These links are provided for your convenience. We make no representation about any third-party website, and do not endorse or take responsibility for the content of those websites, are not responsible for the availability of those websites, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

SECURITY

We implement reasonable and appropriate security measures to protect your information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. However, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. Also, no data transmission over the internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, including any passwords or account information, and to use the Services and your devices or applications in a secure and responsible manner. You, not Cart Government Solutions LLC, are responsible for the security of your devices and your transmission of information over the internet, and if you have any concerns about the transmission of your information over the internet, you should use other means of communication.

PAYMENTS ONLINE

You may be able to make online payments via the Services. In using such online payment services, you authorize us to process and display your account and payment information on a secured Internet site. You are responsible for the confidentiality of your password, banking or credit card information, and any account information. We are not responsible for any loss you may incur if someone misuses your password, banking or credit card information, or account information. Additional terms may apply to any online payment services as well.

DISCLAIMER OF WARRANTIES

You understand and agree that we do not provide any warranty with respect to the Services. Instead, you agree that your use of the Services is at your own risk and that the Services is provided on an “as is” and “as available” basis, with all faults, and with no representations or warranties of any kind, either express or implied, including with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. TO THE FULLEST EXTENT PERMITTED BY LAW, CART GOVERNMENT SOLUTIONS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, Cart Government Solutions LLC DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, AND (V) ANY ERRORS ASSOCIATED WITH THE SERVICES WILL BE CORRECTED. CART GOVERNMENT SOLUTIONS LLC IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CART GOVERNMENT SOLUTIONS LLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

You understand that Cart Government Solutions LLC cannot guarantee that use of our Services will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or worms. Additionally, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, anti-virus protection, and for maintaining a means external to our site for any reconstruction of any lost data.

INDEMNIFICATION

You agree to indemnify and hold harmless Cart Government Solutions LLC, its licensors, and its service companies from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Services, including but not limited to claims arising out of (i) your violation of these Terms and Conditions; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; and (iii) any misrepresentation made by you. You agree to promptly notify Cart Government Solutions LLC and cooperate fully with Cart Government Solutions LLC in the defense of any claim. Cart Government Solutions LLC reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.

WAIVER, RELEASE, AND LIMITATION OF LIABILITY YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, CART GOVERNMENT SOLUTIONS LLC, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR ACCESS AND USE OF THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE SERVICES THAT RESULT FROM ANY ACT OR OMISSION OF CART GOVERNMENT SOLUTIONS LLC, ANY CART GOVERNMENT SOLUTIONS LLC LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICES SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.

THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF CART GOVERNMENT SOLUTIONS LLC, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICES IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.

AMENDMENTS TO THE TERMS

We reserve the right to amend these Terms at any time, in our sole discretion, without notice to you. Any such amendment shall be effective once the revised terms have been posted on our Services. You agree to review these Terms and Conditions regularly because you will be bound by any changes made, and your continued use of the Services constitutes agreement to any modified terms.

MOBILE MESSAGES

You may have the opportunity to opt in to receive SMS/text messages (including messages made with an automatic telephone dialing system or similar technology, or pre-recorded voice messages) from or on behalf of Cart Government Solutions LLC (the “Program”).

By [3.1]opting in to the Program, you agree to provide us with a valid mobile number, and expressly consent to receive recurring SMS/text messages from and on behalf of Cart Government Solutions LLC through your wireless provider to the mobile number(s) that you provide. SMS/text messages may include service-related communications such as account or order updates, alerts, and information related to the Services, as well as promotional messages related to promotions, specials, and other marketing offers (e.g., cart reminders). Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You understand that you do not have to sign up for the Program in order to make any purchases, and your consent is not a condition of any purchase with Cart Government Solutions LLC. Your participation in this program is completely voluntary.

You may opt out of the Program at any time. To opt out, text the single keyword command “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” or “unsubscribe” to the phone number or short code from which you received the SMS/text message, or click the unsubscribe link (where available). Please note, after replying with the keyword, you may receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other XXXXX mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Program support or assistance, text the single keyword command “HELP” to the phone number or short code from which you received the SMS/text message or email XXXXXX at [insert email address].

We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify the terms related to the Program at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes. We may also change any short code or telephone number we use to operate the Program at any time and will notify you of these changes as required by applicable law.

The Program is offered on an “as-is” basis and may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. To the extent permitted by applicable law, Cart Government Solutions LLC will not be liable for any delays or failures in the receipt of any SMS/text messages connected with the Program or any errors in information provided via the Program. Delivery of SMS/text messages provided pursuant to the Program is subject to effective transmission from your wireless service provider/network operator and is outside of our control. If you have any questions about your SMS/text messaging plan or data plan, please contact your wireless provider.

If you have any questions regarding the Program or our SMS/text message practices more generally, please contact us at the information provided below.

DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CART GOVERNMENT SOLUTIONS LLC TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND CART GOVERNMENT SOLUTIONS LLC FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND CART GOVERNMENT SOLUTIONS LLC AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. CART GOVERNMENT SOLUTIONS LLC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW, IN SECTION (L), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.

[a] (a) Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section (the “Agreement”) apply to all Claims between you and Cart Government Solutions LLC. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Cart Government Solutions LLC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms and Conditions or the Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

[b] Informal Dispute Resolution Prior to Arbitration If you have a Claim against Cart Government Solutions LLC or if Cart Government Solutions LLC has a Claim against you, you and Cart Government Solutions LLC will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Cart Government Solutions LLC will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.

You will send any Claimant Notice by certified mail addressed to Cart Government Solutions LLC, Attn: Legal Department, Cart Government Solutions LLC or by email to Cart Government Solutions LLC. Cart Government Solutions LLC will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Cart Government Solutions LLC. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other customer or user of the Services. During the Informal Resolution Period and before we may commence arbitration of a dispute, we agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.

The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (“Notice of Conference”) as follows: the Notice of Conference must include the following information: Your name, telephone number, mailing address, e-mail address associated with your account (if you have one), the name, telephone number, mailing address, and e-mail address of your counsel (if any), and whether you intend to have the conference by telephone or by videoconference. The Notice of Conference must be mailed to Cart Government Solutions LLC by certified mail return receipt requested to Cart Government Solutions LLC, Attn: Cart Government Solutions LLC or by email to Cart Government Solutions LLC. A Notice of Conference shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Notice of Conference by any other Customer. A Customer may, but is not required to, combine in one mailing a Claimant Notice and a Notice of Conference.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Cart Government Solutions LLC cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Cart Government Solutions LLC file a Claim in court or proceed to arbitration without complying with the requirements in Section, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

[c]Claims Subject to Binding Arbitration Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or Cart Government Solutions LLC, including any disputes in which you or Cart Government Solutions LLC seek injunctive or other equitable relief for the alleged unlawful use of your or Cart Government Solutions LLC’s intellectual property or other infringement of your or Cart Government Solutions LLC’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

[d] Binding Individual Arbitration. The sending of a Notice of Dispute and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the procedures in this Agreement. No arbitration may commence or proceed until the requirements set forth in this Section (b) (above) are fully satisfied.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association, as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1 800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.

The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

This Agreement affects interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Cart Government Solutions LLC to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

We agree that, by entering into this Agreement, we are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law.

[e] Arbitration Procedure and Location. You or Cart Government Solutions LLC may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules.

Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Cart Government Solutions LLC, Attn: Legal Department, Cart Government Solutions LLC or by email to Cart Government Solutions LLC. Cart Government Solutions LLC will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Cart Government Solutions LLC.

The arbitration will be conducted by a single arbitrator in the English language. You and Cart Government Solutions LLC both agree that the arbitrator will be bound by this Agreement. Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address.

At either party’s election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel. Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions precedent set forth in Section D(1) hereof have been satisfied; (ii) whether AAA’s filing requirements have been satisfied; (iii) the applicable arbitration agreement; (iv) the applicable AAA rules that apply; (v) the allocation of payment advances on administrative fees, arbitrator compensation, and/or expenses; (vi) any other issue agreed to be addressed by the process arbitrator; and (vii) any other issue regarding the administration of the arbitration.

If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, Cart Government Solutions LLC will reimburse any AAA filing, administration and arbitrator fees that were paid by you.

If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorney’s fees and costs.

[f] Arbitration Fees After Cart Government Solutions LLC receives notice that you have commenced arbitration, Cart Government Solutions LLC will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee, XXXXXXX will pay it directly upon receiving a written request from you. Except as otherwise provided for herein, Cart Government Solutions LLC will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the terms of this Agreement.

[g] Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.

[h] Confidentiality. If you or Cart Government Solutions LLC submits a Claim to arbitration, you and Cart Government Solutions LLC agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and Cart Government Solutions LLC agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

[i] Mass Arbitration. WE AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.

“Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.
We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.
If any part of this Section(i) related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section(i) and this Agreement shall be enforced to the maximum extent permitted by law.
If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section(i) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this Section(i). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those disputes within the Mass Arbitration.

[j] Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing Cart Government Solutions LLC. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section.

[k] Rejection of Future Arbitration Changes. You may reject any change we make to this section (except address changes) by sending us notice of your rejection within 30 days of the change via email at legaldept@authentic.com[5.1]. Changes to this section may only be rejected as a whole, and you may not reject only certain changes to this section. If you reject changes made to this section, the most recent version of this section that you have not rejected will continue to apply.

[l] Severability. If any portion of this Section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

[m] Delegation. All issues are for the arbitrator to decide including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, (iii) whether you or Provider, through litigation conduct or otherwise, waived the right to arbitrate, (iv) whether all or any part of the arbitration provision or Agreement is unenforceable, void or voidable including, but not limited to, on grounds of unconscionability, (v) any dispute regarding the payment of arbitration-related fees, (vi) any dispute related to the Claimant Notice, Notice of Conference and/or Informal Dispute Resolution Conference, and (vii) any dispute related to Mass Arbitration (defined above).

Pursuant to this agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall have the power to decide whether this agreement permits class or representative proceedings.

SEVERABILITY

If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Cart Government Solutions LLC and supersede all prior communications and understandings, whether oral or written.

GOVERNING LAW

You and Cart Government Solutions LLC agree that your access to the Services and these Terms, and any dispute between you and Cart Government Solutions LLC relating to your use of the Services and these Terms, will be governed by and construed in accordance with the laws of Delaware, without regard to its conflicts of law rules, except for the Dispute Resolution provision above.

TERM AND TERMINATION

Cart Government Solutions LLC can decide to suspend, restrict, limit, or terminate your access to the Services with or without a warning at any time for any reason in Cart Government Solutions LLC’s sole discretion. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ANY FEATURE OR COMPONENT OF THE SERVICES. Cart Government Solutions LLC can also assign its rights under the Terms and Conditions to any other party at any time without notice to you. The Sections of Disclaimer of Warranties, Indemnification, Waiver, Release, and Limitation of Liability, Governing Law, and Dispute Resolution will survive any suspension, restriction, limitation, or termination of access to the Services.

LIMITATION OF THE TIME TO FILE CLAIMS

Any action, claim or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

CONTACT INFORMATION

For all questions about these Terms, please contact Cart Government Solutions LLC at people@cart.com.