Terms of Use

Effective Date: 6/4/2017

General terms

Please read this Terms of Use Agreement (these “Terms”) carefully before using the RideFlag mobile app (the “App”). Your use of the App constitutes acceptance of these Terms and forms a legally binding contract between you and 8337322 Canada Inc.,also doing business as “RideFlag,”  (the “Company”), the owner of the App.

If you do not agree to these Terms, immediately discontinue use of the App and delete it from your mobile device.

Your agreement to these Terms also includes your agreement to the terms of our Privacy Policy, which is incorporated by reference into this Agreement and is therefore an integral part of this Agreement.

The Company may change these Terms, at any time, without prior notice to you, by posting a new version. The new version will become effective on the date it is posted, which will be listed at the top of the Terms as the Effective Date.  It is your responsibility to review these Terms and the Privacy Policy periodically. Your continued use of the App after the Effective Date is your acceptance of the new Terms.  If you do not agree to the revised Terms, you must immediately discontinue use of the App and delete it from your mobile device.

Services

The App is a platform designed to provide a communication portal to connect and match users who have registered as drivers on the App (“Drivers”) and users that have registered with the App for the purposes of being offered a Ride (“Riders”) who going in the same direction for the purposes of carpooling (Drivers and Riders may be referred to collectively as “Users”).

The App is only a venue that allows Drivers and Riders to match each other. The Company does not offer transportation services the Company is not a transportation company. The Company is not involved in the actual transportation provided by Drivers to Riders. As a result, the Company has no control over the quality or safely of the transportation provided as a result of your using the App. Additionally, the Company does not have any control over the truth or accuracy of the information provided by any User to the App. The Company cannot ensure that a Driver or Rider is who he/she purports to be or that a Driver or a Rider will actually complete an arranged service.

You are solely responsible for your interactions with other Users. The Company is not responsible for the conduct, whether online or offline, of any User. It is possible for others to obtain personal information about you due to your use of the App and other Users may use your personal information, obtained through the App, to harass or injure you. The Company is not responsible for how other Users may make use of the personal information you provide to the App.

References to any other products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of such, or any affiliation with, by the Company or the App.

The services the App provides may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the App, or any website or any combination thereof, including injury or damage to User’s mobile device related to or resulting from using or downloading the App and/or in connection with the services provided by the App.

You, as either a Driver or a Rider, understand and acknowledge that (i) the Company does not provide actual transportation services to Riders, (ii) the Company is not a transportation carrier. It is up to the Driver to decide whether to offer a Ride to a Rider contacted through the App and it is up to the Rider to decide whether to accept a Ride from any Drive contacted through the App. One you are connected with another User, any decision to offer a Ride to that User or to accept an offer for transportation from that User is in your sole discretion. The Company offers information and a method to connect Drivers and Riders with each other but does not provide, and does not intend to provide, transportation services or act in any manner as a transportation carrier. Therefore, the Company has no responsibility or liability for any transportation services obtained by any Rider or provided by any Driver using the App.

Parties

The parties to these Terms are you, as a User, and the Company. All references to “we,” “us,” or “our” will be construed to mean the Company. Your access and use of the Software constitutes your agreement to be legally bound by these Terms and establishes a contractual relationship between you and the Company.

Definitions

These terms have the following definitions when capitalized in these Terms:

  • “Cost Contribution” means an amount paid by the Rider to reimburse the Driver for the expense of operating the motor vehicle. This Cost Contribution incorporates such factors as distance, duration, time of day, and location. It may also include fees for toll roads, airports, or bridge polls. In no event will the Cost Contribution result in any profit to the Driver.
  • “Ride” means a round trip between the residences, or places reasonably convenient to residences, of any or all of the Driver and Riders and a common destination, including the Driver’s and the Rider’s place of employment or education, or a place reasonably convenient to the Driver’s various places of employment or education.

Payment; Fees

Fees and charges

For each Ride, the App requires destination and pick up information. The App will display ride fees, representing the Cost Contribution for that Ride. All payments made by Riders to the Company will be made through the App.

Payment processing

The Company will facilitate all payments of the Cost Contribution through a third-party processing service. For each Cost Contribution greater than $0.00 (zero dollars) up to a maximum of $10.00 (ten dollars), the Company will take a fee (the “Fee”) amounting to 20% (twenty percent) or less of the Cost Contribution. (The Company, in its sole and absolute discretion, may change the Fee percentage from time to time.) The Company will make a deposit for the benefit of the Driver (into an account designated by the Driver) in the amount of the Cost Contribution less the Fee plus any taxes, regulatory, or government fees, or other amounts, as required by law.

Refund policy

The full amount of the Cost Contribution is charged immediately to the Rider’s authorized account upon the start of the Ride and the payment is immediately processed as described above. All payments made by the Rider are non-refundable.

Cancellation with insufficient notice and no-show fees

Users may be charged up to $10.00 (ten dollars) for cancellation with insufficient notice or no-show. Sufficient cancellation notice is considered twenty-four (24) hours notice or more.

Remittance

The Company shall remit the amount due to the Driver (in accordance with the Payment processing provision above) no later than thirty (30) days after request by the Driver. The Company reserves the right to withhold any amount due to the Company under these Terms or any amount due based on breach of these Terms, pending the Company’s reasonable investigation of the breach. To ensure proper payment, Drivers are responsible for providing and maintaining accurate contact and payment information associated with their accounts. If the Company reasonably believes it is obligated to obtain tax information and a Driver does not provide this information to the Company within ten (10) days after a request in writing by the Company, the Company may withhold Driver payments until such information is provided. If a Driver disputes any payments made pursuant to these Terms, the Driver must notify the Company in writing within thirty (30) days of the payment. Failure by the Driver to timely notify the Company will result in the waiver by the Driver of any claim relating to the disputed payment. Payments will be calculated solely based on record maintained by the Company. No other measurements or statistics with regard to payment will be considered by the Company or have any affect under these Terms.

Use and Restrictions

Subject to these Terms and our Privacy Policy, you may use the App only for your personal, noncommercial use.

You are expressly prohibited from the following:

  1. Taking any action that will cause an unreasonable burden on the Company’s infrastructure;
  2. Attempting to access or navigate the content through any manner other than the App;
  3. Reverse engineering, disassembling, modifying, adapting, or otherwise attempting to derive the source code, algorithms, or other trade secrets of the Company;
  4. Attempting to exploit any possible vulnerability in the App or overloading, “flooding,” “spamming,” “crashing,” or otherwise attempting to interfere with the Company’s service to others;
  5. Attempting to inject a virus, worm, or other malware into the App;
  6. Removing, circumventing, disabling, damaging, or otherwise interfering with security-related features of the App, features that prevent or restrict use of copying of any content accessible through the App, or features that enforce limitations on the use of the App;
  7. Mining the content or performing any other data gathering or extraction;
  8. Defaming, stalking, bullying, abusing, harassing, threatening, impersonating, or intimidating other Users;
  9. Posting anything that promotes racism, bigotry, hatred, or physical harm against any group or individual; or
  10. Misusing the personal information of any other User that you may access through the App.

This list of prohibitions is not exhaustive. At any time, with or without notice and with or without cause, for any reason or no reason, if the Company determines, in its sole discretion, that any of your actions are inappropriate or disruptive, the Company reserves the right to terminate access to your account.

The Company will investigate actions that may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.

You are responsible for keeping your password secret and secure and you shall be solely responsible for the use of your account. You acknowledge and understand that you may incur standard data carrier charges for use of the App.

All rights not expressly granted by these Terms are reserved by the Company and our licensors.

User Requirements

  1. In consideration for your use of the App, you agree (a) that you are at least eighteen years old and have the capacity to agree to these Terms; (b) to provide accurate, current, and complete information when you create an account; (c) to maintain the security of your password and identification; and (d) to accept all risks associated with dealing with strangers you meet online.
  2. You are the sole authorized User of your account. You may not authorize others to use your User status and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of any password provided by you or the Company for accessing the Services.
  3. You are entirely responsible for all content you upload, post, or otherwise transmit through your use of the App. You agree to use the App in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the App that the Company, in its sole discretion, deems inappropriate or offensive may result in a suspension and/or termination of a User with or without notice.
  4. By using the App, you represent and warrant that you currently meet and will continue to meet the following eligibility requirements (“Requirements”) for as long as you use the App: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority, and capacity to enter into these Terms and to abide by all of its terms and conditions; (c) you have not been the subject of a complaint, restraining order, or any other legal action relating to Dangerous Offenses; (d) you are not currently, nor have you ever been, required to register as a sex offender in any jurisdiction or with any governmental agency; (e) you have never been convicted of a felony relating to Dangerous Offenses; and (f) you are not currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges relating to Dangerous Offenses. For purposes of this section, “Dangerous Offenses” means violent offenses (including, but not limited to, murder, rape, and manslaughter), sexual offenses, abuse, neglect, fraud, larceny, or any other offense that involves endangering the safety of others.
  5. By using the App, you understand and agree the Company may rely on the above Requirements, representations, and warranties as true and to continue to abide by these and any revisions to these Requirements in the future.
  6. You authorize the Company to verify your representations and warranties and you acknowledge and agree that the Company has the right, but not the obligation, to verify such information. You further agree that the Company may take any such action as it, in its sole discretion, deem appropriate, including but not limited to, suspending and/or terminating your account.
  7. Users are solely responsible for the information they provide through the App. Your use of the App is at your own risk. The Company will not be responsible for any decisions for whatever reason, you make with regard to any User. The Company does not make any representations regarding the accuracy or validity of any User-provided information.
  8. Despite any other provision of these Terms, you acknowledge and agree that the Company does not conduct background checks of any User. You also understand that the Company neither confirms nor denies the validity of the information provided by Users. You understand and agree to make your own decisions and assessments about Users with which to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND CHECKS ON USERS.

Additional Requirements for Drivers

In addition to the User Requirements listed above, as a Driver, you are also bound by the following requirements:

  1. You agree to provide any necessary authorization to facilitate access to:
  2. You authorize the Company to perform a criminal background check on you. You will be required to provide two (2) pieces of identification (one must be government issued) that include your name, date of birth, signature, and photo). This background check will include national databases and the sex offender database. You understand that the Company may utilize outside firm(s) to run the background check and you authorize the firm(s) to conduct the background check on behalf of the Company.
  3. You agree that the Company may obtain information about you including, but not limited to, your driving record, references, and credit information.
    • your official driving record prior to being a Driver and yearly thereafter;
    • references; and
    • your credit information.
  4. You must possess a valid driver license for the area in which you are driving and be authorized to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to third parties in all jurisdictions in which you drive. The Rider is entitled to request evidence of your driver license at any time.
  5. You must not take a Rider on more than two Rides per day.
  6. You must own, or have the legal right to operate, the vehicle you drive when accepting Riders. You must not own or lease more than one motor vehicle for the purpose of transporting Riders, unless the owner or lessee is the employer of a majority of the persons transported in the motor vehicle.
  7. You must ensure your vehicle is in good operating condition, meets industry safety standards and all applicable motor vehicle requirements and imposed by the applicable governmental authority for a vehicle of its kind and has all certifications required by law.
  8. You must drive safely and in accordance with all applicable driving rules and laws and will be solely responsible for any violation of any applicable laws.
  9. You must be named or scheduled on the insurance policy covering the vehicle you use when accepting Riders.You must have a valid insurance policy with coverage for all Rides and any accidents that may occur during a Ride, including, but not limited to, personal injury protection insurance coverage for your vehicle with no less than the minimum limits required by applicable law. You agree that you will, on request, provide the Rider with evidence, in advance of the Ride, of the complete validity of your insurance policy. It is your responsibility to verify that your insurance policy provides adequate coverage for all activities associated with your use of the App, including providing Rides to Riders. You represent that your insurance policy allows you to provide transportation to Riders and that your insurance policy covers all Riders and any accident or incident that may occur during a Ride.
  10. You will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle you are using to provide transportation to Riders, including, but not limited to, personal injury, death, and property damage.You acknowledge that standard non-commercial insurance policies may refuse to cover loss or damage arising in certain circumstances, including, in the event that the Driver was using a vehicle for profit. Therefore, you must calculate the expense of operating your vehicle and represent that the Cost Contributions requested from your Riders does not result in any profit to you. In the event your insurer repudiates or refuses to accept any claim resulting during a Ride, for any reason, you will be responsible for all financial consequences, losses, and damages of any kind and the Company will not be liable in any circumstances to you, the Rider, or any third party in conjunction with a Ride provided by you to a Rider.
  11. You will be solely responsible for compliance with any applicable statutory requirements and for all contact with your insurance carrier, in the event of a motor vehicle accident.
  12. You will only provide Rides in a personal capacity and not in the course of a business. Furthermore, you will not use the App to generate a profit. The App is strictly limited to providing a connection between Drivers and Riders for the purposes of carpooling. The App may not be used to offer or accept car sharing for profit or in any commercial context. The Cost Contribution may only be used to discharge your costs and are not intended to provide any profit to you. You are not entitled to a profit by virtue of the amount of the Cost Contribution, the types of Rides offered by you, the frequency of the Rides, or the number of Riders you transport. You must not provide any additional services to any Rider for profit or gain (and the Rider may not accept or ask for any such services) including, but not limited to, package delivery, waiting time, additional drop-offs and pickups and collecting additional Riders.
  13. You will not use the App to provide Rides on motorcycles.
  14. You will not make any representations regarding the Company and will not represent that you are an agent or representative of the Company.
  15. You represent and warrant that you currently meet and will continue to meet the following eligibility requirements for as long as you are a Driver: (a) you have never been convicted of a crime relating to Traffic Offenses; and (f) you are not currently out on bail or on your own recognizance pending trial, relating to charges of Traffic Offenses. For purposes of this section, “Traffic Offenses” means reckless driving, driving with a suspended or revoked license, driving under the influence of drugs and/or alcohol, or any other drug-related offense.
  16. You must adhere to the Company’s zero tolerance intoxicating substance policy set.
  17. You will only transport Riders on a pre-arranged basis through the App. This means the Ride was solicited and accepted through the App before the Ride started.
  18. You will not transport more than five (5) Riders on any given Ride.
  19. You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation.

Zero Tolerance Policy

The Company has a zero tolerance policy for a Driver’s use of alcohol, illegal substances, or the misuse of prescription medications while providing services using the App. The Company will suspend services to the Driver and reserves the right to terminate these Terms after a Rider files a complaint.

The Company will suspend a Driver’s account at any time and for any length of time and reserves the right to terminate these Terms under the following circumstances: (i) the Driver is accused of a criminal offense, including, but not limited to, hit and run driving, the use of a motor vehicle to commit a crime, driving under the influence of drugs and/or alcohol, or any other criminal offense, including, but not limited to, fraud, sexual offenses, drug related offense, crimes involving property damage, and/or theft, acts of violence, or acts of terror; (ii) the Driver is accused of reckless driving or driving with a suspended or revoked license; (iii) a Rider files a zero tolerance policy complaint against the Driver; (iv) a discrimination complaint is filed against the Driver; or (v) the Driver breaches these Terms.

The Company will suspend a Rider’s account at any time and for any length of time and reserves the right to terminate these Terms under the following circumstances: (i) the Rider is accused of a criminal offense, including, but not limited to, fraud, sexual offenses, drug related offense, crimes involving property damage, and/or theft, acts of violence, or acts of terror; or (ii) the Driver breaches these Terms.

Third Parties

Third-party beneficiaries

If you use the App on an Apple iOS device, Apple Inc. will be a third-party beneficiary of these Terms. If you the App on an Android operating system device, Google, Inc., will be a third-party beneficiary to these Terms. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the App in any manner. Furthermore, you are subject to the terms and conditions as set forth in the applicable third-party beneficiary’s terms of service and privacy policy.

Third-party software components

The App may contain third-party software components that require notices and/or additional terms and conditions. Such required third-party notices and/or additional terms and conditions may be requested from the Company and are made part of and incorporated by reference into these Terms. By using the App, you are also accepting the additional terms and conditions, if any, required by these third-party component notices and terms and conditions. Use of Google Services

The App incorporates certain software provided by Google (namely, the Maps API). Your use of the App  various technologies to determine location, including but not limited to IP address, GPS, and other sensors that may, for example, provide the Company with information on nearby devices, such as Wi-Fi access points and cell towers.

When you use the App, you may be asked to allow it to collect your location information from your device. By sharing your geolocation information with the Company, you agree to be bound by Google’s Terms of Use (https://www.google.com/intl/en_ALL/help/terms_maps.html). We use the Maps API(s) in our mobile applications, and incorporated by reference to this Policy is the Google privacy policy (currently http://www.google.com/privacy.html), as amended by Google from time to time.

Third-Party Links

The App may contain links to advertisements and promotions offered by third parties. If you click on any third-party link, you understand and agree that the Company is not responsible for the content of any such third-party links and, once you click on a third-party link, your use of the third-party websiteor app is governed by that third party’s terms of use and privacy policies. You acknowledge that the Company is not responsible for and have no liability as a result of the availability of third-party links, their content, or any use of the personal data your provide to them.

DMCA Notice

The Company respects the intellectual property rights of others and expects you to do the same. The Company will remove all infringing content if properly notified that it infringes third-party copyrights, and may do so, at its sole discretion, without prior notice at any time. Under the United States Digital Millennium Copyright Act of 1998 (the “DMCA”), it is the Company’s policy to respond expeditiously to copyright owners who believe content infringes their rights. The Company reserves the right to remove any content without prior notice to you, any other user, or any third party. If you believe that content made available through the App infringes your copyright, you may send us a notice requesting that it be removed or that we block access to it. If you believe that such a notice has been filed wrongfully against you, the DMCA lets you send us a counter notice. Notices and counter notices must meet DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter notice. Be aware that there can be substantial penalties for false claims. Notices and counter notices may be sent to our copyright agent at support@rideflag.com. It is our policy, in appropriate circumstances, to terminate the account of any user who has committed multiple infringements.

Monitoring

We reserve the right, but not the obligation, to monitor your access and use of the App without notification to you. We may record or log your use in a manner as set out in our Privacy Policy.

Rankings and Defamation; Communications Decency Act

This App provides a ranking system by which Drivers may rank Riders and Riders may rank Drivers. This ranking is done at the sole discretion of User and the Company is not responsible for any ranking posted to the App. The App is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and, as such, our liability for defamation and other claims arising out of rankings posted using the App.

Intellectual property

The material provided in the App is protected by law including, but not limited to, United States copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the App. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in these Terms are reserved by the Company.

You shall not copy or adapt any computer code that the Company creates for the generation or display of the App; this code is protected under copyright law.

You shall not reproduce, display, publicly perform, distribute, or otherwise use the content generated by the App for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of the Company’s property, or that otherwise infringes the Company’s intellectual property rights.

Availability of the Services Provided by the App

Although it is the Company’s intention for the services provided by the App (the “Services”) to be available as much as possible, there will be occasions when the Services may be interrupted, including, but not limited to, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. The Company will not be liable to you for any modification, suspension, discontinuation of Services, or lack of access to your skills practice data. In addition, the Company assumes no liability for, or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the App.

Warranties and disclaimers

It is your sole responsibility to determine whether the App meets your needs and expectations. By using the App, you understand and agree that interaction with other Users is at your own risk and judgment. The Company will have no liability arising fro or in any way related to your relationship with other Users.

The App is provided “as-is” and “as available” and neither the Company nor any of its licensors make any representation or warranty with respect to the services provided by the App. The Company disclaims any implied warranties, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. In addition, the Company and its licensors do not represent or warrant that: (i) the Appwill be secure, timely, uninterrupted, or error free; (ii) the Appwill meet your requirements or expectations; (iii) the results that may be obtained through the use of the App will be effective, accurate, or reliable; (iv) the quality of the App or service provided by the App will meet your expectations; (v) the App will be error- or virus-free; or (vi) any errors in the App will be corrected.

The Company cannot guarantee that each User is at least the required minimum age, nor does the Company accept responsibility or liability for any content, communication, or other use or access of the App by persons under the required minimum age in violation of these Terms.

The App is a platform that connects Riders and Drivers and all carpool arrangements made through the App are between Riders and Drivers. The Company is not a party to any carpooling agreement. The Company does not represent or endorse and will not be responsible for : (i) the actions, inactions, errors, or omissions of any User; (ii) the truth or accuracy of any information provided by a User; or (iii) a User’s compliance with these Terms or any applicable law. The Company expressly disclaims all liability for the actions, inactions, errors, or omissions of Users.

The Company gives no warranty or assurance with regard to the validity of a Driver’s insurance or the application of a Driver’s insurance policy to a Ride. It is the Driver’s responsibility to verify that their insurance provides coverage for all activities associated with the Driver’s use of the App, including providing Rides to Riders. It is the sole responsibility of each Driver and Rider to confirm with each other that the Driver maintains valid insurance.

These disclaimers form an essential part of these Terms. No use of the App is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Limitation of liability

The App offers a marketplace to connect those who would like to carpool together. You understand and agree that the Company has no control over the acts or omissions of any User and that the Company makes no representations or warranties about the quality of the services provided by any User. You understand and agree that the Company is not responsible for the conduct, whether online or offline, of any User. As such, the Company expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries, and/or damages arising from or in any way related to the App.

Users of the App transact between themselves. The Company will not be involved in any User interactions. The Company is not responsible for any disputes, claims, losses, injuries, or damages of any kind that might arise during and after User interaction.

To the full extent permitted by law, the Company is not liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including, without limitation, loss of business, loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the App, inaccuracy, error, or omission, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. This includes damages due to: (i) the use of or inability to use the App; (ii) the cost of procurement of substitute services resulting from any transactions entered into through the App; or (iii) statements or conduct of any third party on the App, including, without limitation, unauthorized access to or alteration of transmission of data. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the App, whether in contract or tort (including, but not limited to negligence) or otherwise, will be limited to a maximum amount of $100.00.

You and the Company agree that the warranty disclaimers and limitations of liability in these Terms are material, bargained-for bases of these Terms, and that they have been taken into account in determining the consideration to be given by each party under these Terms. You and the Company agree that the warrant disclaimers and limitations of liability in these Terms are fair and reasonable.

Except as provided for in this provision, if you are dissatisfied with the App or do not agree with any provisions of these Terms, your sole and exclusive remedy is to discontinue using the App.

Assumption of Risk

You agree and understand that you assume all risks when using the App, including, without limitation, any and all risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with others. In addition, you agree and understand that the Company is not responsible for your safely, comfort, or successful travel arrangements, or for your belongings, or for any other liability with regard to your use of the App.

Indemnity

You agree to indemnify and hold the Company harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to: (i) your use or misuse of the App; (ii) acts an omissions on or off the App; (iii) violation of these Terms; (iv) violation of any law or regulation; (v) violations of any rights of a third party including, but not limited to, other Users, or allegations thereof; (vi) inaccurate untimely, incomplete, or misleading registration information; (vii) misstatements or misrepresentations; (viii) any claim or damages arising as a result of any of your content or anything submitted via your account; (ix) any other’s party access and use of the App with your unique username and password; or (x) any and all claims or damages (alleged or actual) that arise as a result of a Ride that your provided as a Driver or a Ride you take as a Rider. This indemnification extends to all of the Company’s agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to the Company. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.

Governing law and jurisdiction

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place Fort Lauderdale Florida, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.

The courts of Broward County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms.

These Terms will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.

Designed for Use Within the United States and Canada

This App is designed for use from within the United States and Canada. We do not represent that the app is appropriate for use elsewhere. Access to this App from locations where its contents are illegal is not authorized.

Force Majeure

The Company will not be liable for damages or any delay or failure of the App arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

User submissions to the Company

The Company welcomes your feedback with regard to the App. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

Severability

If any provision of these Terms is declared invalid or unenforceable, that provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these Terms and these Terms will continue in full force and effect, and be construed and enforced, as if such provisions had not been included, or had been modified as described above, whichever the case may be.

Privacy

Please review the App’s Privacy Policy, which is incorporated by reference into these Terms. This Privacy Policy governs your use of the App.