As of November 12, 2014
SRide reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or the SRide Platform at any time, effective upon posting of an updated version of this Agreement on the Services or Applications. You are responsible for regularly reviewing this Agreement. Continued use of the Services or Applications after any such changes shall constitute your consent to such changes.
PLEASE NOTE THAT SRIDE DOES NOT PROVIDE TRANSPORTATION SERVICES TO ANY PARTY INCLUDING ITS USERS, AND SRIDE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO INDIVIDUAL USERS, BOTH DRIVERS AND PASSENGERS, TO OFFER AND ACCEPT TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATIONS OR SERVICES. SRIDE OFFERS INFORMATION AND A METHOD TO OBTAIN TRANSPORTATION FOR AND FROM THIRD PARTIES, BUT DOES NOT AND DOES, NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. SRIDE ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED BY OR TO ANY USER AND EXPRESSLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY USER’S CLAIMS AGAINST SRIDE IN CONNECTION WITH SUCH USER’S USE OF THE SRIDE PLATFORM, APPLICATIONS AND/OR SERVICES. BY CREATING AN ACCOUNT WITH SRIDE AND USING SRIDE’S SERVICES, YOU AGREE THAT YOU ARE USING THOSE SERVICES AT YOUR OWN RISK.
REPRESENTATIONS AND WARRANTIES OF USER
By using any of the Applications or SRide’s Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Applications and/or Services. Without limiting the foregoing, the Services and Applications are not available to minors (persons under the age of 18) under any circumstances, unless such use is incidental to the use of the Services by a person aged 18 or older (for example, a person aged 15 accompanied as a Passenger by a User who is 19 years old). By using the Applications or Services, you represent and warrant that you are at least 18 years old. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Services and/or any of the Applications is for your sole, personal use and those over whom you exercise guardianship or parental authority. You may not authorize others to use your user account with SRide and you may not assign or otherwise transfer your user account to any other person or entity. When using the Applications or Services, you agree to comply with all laws applicable in the jurisdiction(s) in which you are using the Applications, and in which your ride originates, terminates, and traverses.
By using the Application and/or the Services, you agree that: • You will only use the Services and/or Application for lawful purposes.
• You will not use the Services for the purpose of transporting any dangerous weapons (including, not limited to, knives, firearms, incendiary devices, etc.), chemicals, or other objects or substances that may cause harm to, or intimidate or otherwise harass, others, including other Users or members of the public, whether or not you intend to use such objects or substances to cause harm to, or intimidate or otherwise harass, others, including other Users.
You will not use the Services for any unlawful or for fraudulent purposes. You will not use the Services to transport illegal drugs.
• You will not use the Services when you are intoxicated or otherwise under the influence of any intoxicating or impairing chemical or other substance.
• You will not use the Services or Application to cause nuisance, annoyance or inconvenience.
• You will not impair the proper operation of the Services as SRide sees fit.
• You will not try to impede or disable the Services or Application in any way.
• You will not copy, or distribute the Application or other content published by SRide without SRide’s written permission.
• You will only use the Application and Services for your own use and will not resell it to a third party.
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Services.
• You will provide us with whatever proof of identity we may reasonably request.
• You will only use an access point or 3G data account (AP) which you are authorized to use.
• You are aware that when requesting transportation services by SMS, standard-messaging charges will apply.
LICENSES GRANTED BY SRIDE TO SRIDE’S WEB SITE, APPLICATIONS, OTHER CONTENT CREATED BY SRIDE AND TO CONTENT CREATED BY USERS OF SRIDE’S SERVICES
Subject to your compliance with the terms and conditions of this Agreement, SRide grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any SRide Content solely for your personal and non-commercial purposes; and (ii) to view any User Content (defined below) to which you are permitted access solely for your personal and non-commercial purposes. SRide does not permit you to sublicense the license rights granted to you.
By creating an account with SRide, and using SRide’s Services, you agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Applications or the content of any part of SRide’s web site and/or Applications, whether created by SRide (“SRide’s Content”) or SRide’s Users (“User Content”, together with SRide’s Content, the “Platform Content”), except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SRide or its licensee and licensors, except for the licenses and rights expressly granted in this Agreement.
LICENSE GRANTED TO USERS
SRide may, in our sole discretion, permit Users to post, upload, publish, submit or transmit a variety of information for purposes of SRide and/or other Users of its Services (collectively, the “User Content”). By submitting any content to SRide that you create, and by making available to you any User Content that other Users may create, regardless of the means of its being available to you, you hereby grant to SRide a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Service or Application or in any other non-Service of non-Application medium. SRide shall not claim any ownership rights in any User Content except as otherwise provided herein, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content that you create or is otherwise explicitly licensed to you. You may not, however, use any User Content that you do not create, except as otherwise authorized in this Agreement.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or Applications. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or Applications or you have all rights, licenses, consents and releases that are necessary to grant to SRide the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or SRide’s use of the User Content (or any portion thereof) on, through or by means of the Services or Applications will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Notwithstanding anything contained herein to the contrary, you agree that SRide shall be under no obligation to moderate any user forum or monitor any User Content and that SRide has no obligation to delete or otherwise oversee any User Content regardless of who may have created it.
The opinions expressed in any User Content on the SRide Platform do not necessarily represent the opinions of SRide and/or its affiliates and no representation is made as to the accuracy or suitability of any User Content.
VERIFICATION OF DRIVERS AND PASSENGERS
You agree to cooperate with SRide with respect to, and provide accurate information to SRide in connection with, all background checks, financial checks, and other verification activities that SRide may undertake, in its sole discretion, with respect to your account and use of SRide’s Services. You understand and acknowledge that SRide is not obligated to perform any particular verification of any User of SRide’s Services, including any Passenger or Driver, and that such verification is in SRide’s sole discretion. You agree to provide SRide, upon request, with a copy of your current ￼government issued driver’s license (sometimes called a motor vehicle operator’s license) or other government issued proof of your identity, and/or proof of your current vehicle insurance coverage and/or details with regard to your motor vehicle including the Vehicle Identification Number of your vehicle.
By creating and maintaining a User’s account with SRide and by using SRide’s Services, you consent to SRide’s performing and/or obtaining a general and/or criminal and/or Department of Motor Vehicles background check (collectively, a “Comprehensive Background Check”) with respect to your identity and the information that you have provided to SRide. By creating and maintaining a User’s account with SRide and by using SRide’s Services, you authorize SRide to obtain a Comprehensive Background Check on your identity and to update that Comprehensive Background Check from time to time, in SRide’s sole discretion. If applicable, by creating and maintaining a User’s account with SRide and by using SRide’s Services, you authorize SRide to confirm the information that you have provided to SRide with respect to your motor vehicle and to obtain verification of its date of manufacture as well as its accident, maintenance, registration and ownership history.
TERM AND TERMINATION
This Agreement is effective upon use of SRide’s Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your account with SRide and opt out of using the Services at any time, for any reason and SRide will honor your termination upon its receipt of your written or email notice of termination. Either you or SRide may terminate your account by removing your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, SRide may remove all of your information from its servers, though it is not obligated to do so, and SRide may retain an archived copy of records it has about you as required by law or for other business purposes as SRide sees fit.
SRide may, in its sole discretion, bar your use of the Services at any time, for any or no reason. Even after your account with SRide is terminated, this Agreement will remain in effect.
YOUR PERSONAL INFORMATION
Any personal information that you provide, publish or display (“post”) on SRide’s website or by way of its Application, including any information you send or permit SRide to send to other Users, including feedback information, shall be licensed to SRide in perpetuity. SRide may store this information in its computers and databases as it sees fit. By creating an account with SRide and using SRide’s Services, you consent to SRide using your personal information and anything you may post as SRide sees fit. You are solely responsible for the information you provide and your interactions with other Users, and you acknowledge that SRide is merely a conduit for your information that you may post and share with other Users. When you use the SRide Services and Application you agree to provide accurate, current and complete information as requested by SRide and other Users, as appropriate. You further agree to maintain and timely update your personal and financial to ensure its accuracy at all times during the Term of the Agreement. You agree that SRide and others may rely on information that you provide to SRide. You acknowledge that if the information you provide is not accurate, SRide has the right to terminate this Agreement and your use of SRide’s Services.
By accepting this Agreement, a Driver agrees that SRide may obtain information about the Driver, including without limitation the Driver’s driving record, references and credit information, as well as confirm information regarding the vehicle driven by the Driver in connection with use of the Services. As a Driver, you hereby authorize SRide to perform a background check on you, and you further agree to provide any necessary authorization to facilitate SRide’s access to your official driving record, personal references and credit information, as well as maintenance and insurance records with regard to the vehicle you use while using the Services, from time to time in SRide’s sole discretion, during the term of the Agreement. Nothing contained herein shall be deemed to obligate SRide to conduct any sort of background check on any User, including Drivers.
As part of the functionality of the SRide Application and Services, you may be able to create an account and log in via third party service providers such as Facebook. By doing so, you may provide SRide with information relating to those third party providers. You may do this by providing your third party login information through the SRide Application or by permitting SRide to access your third party log in information as is permitted by your third party provider. By doing so, you represent and warrant that you are entitled to disclose your third party account log in information to SRide and/or grant SRide access to your third party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable your third party account and without obligating SRide to pay any fees or making SRide subject to any usage limitations imposed by such third party service providers. By granting SRide access to any your third party account, you acknowledge that SRide may access, make available and store (if applicable) any content that you have provided to and stored in your third party account so that it may be available on and through the SRide Application via your account, including without limitation any friend, contacts or following/followed lists, and that SRide may submit and receive additional information to your third party account as indicated herein. Unless otherwise specified in this Agreement, content derived from your third party account, if any, shall be considered to be information that you agree to share with SRide for purposes of this Agreement. Depending on the which of your third party accounts that you choose to share with SRide, and subject to the privacy settings that you may have set in each of your third party accounts, personally identifiable information that you post to your third party accounts may be available on and through the SRide Application. Please note that if any or all of your third party accounts becomes unavailable or SRide’s access to your third party accounts is terminated for any reason, then the information that you have provided to SRide via your third party account may no longer be available on and through SRide’s Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. SRide makes no effort to review any content you provide via your third party accounts for any purpose, including but not limited to, for accuracy, legality or non-infringement, and SRide is not responsible for any violation of any terms of your agreement with respect to any of your third party accounts.
DRIVERS REPRESENTATIONS AND WARRANTIES By using SRide’s Services, a Driver represents, warrants and agrees that:
•The Driver is at least 18 years of age.
•The Driver possesses a valid driver’s license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties as contemplated in this Agreement and by SRide’s Services, in all jurisdictions in which the Driver uses the Services.
•The Driver owns, or has the legal right to operate, the vehicle the Driver uses when accepting Passengers, and Driver’s vehicle is in good and safe operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
•The Driver is named or scheduled on the insurance policy covering the vehicle the Driver uses when accepting Passengers.
•The Driver may only operate the vehicle that the Driver has registered with SRide as the Driver’s vehicle and may not borrow, license, rent, hire or otherwise substitute any other vehicle for the vehicle that the Driver has represented to SRide is the Driver’s vehicle for purposes of providing a ride to SRide Passengers.
•The Driver has a valid policy of liability insurance (, in coverage amounts consistent with all applicable legal requirements) or $1,000,000, whichever is greater, for the operation of the Driver’s vehicle to cover any anticipated losses related to the Driver’s provision of rides to Passengers.providing rides to Passengers. A copy of the Driver’s automobile insurance policy may be required by SRide and SRide may require Drivers to obtain a certificate of insurance from their respective insurance providers naming SRide and its officers, shareholders, employees, affiliates, agents, and professionals, as “additional insureds.”
•The Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle the Driver uses to transport Passengers, including, but not limited to, personal injuries, death and property damages.
•In the event of a motor vehicle accident the Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with the Driver’s insurance carrier.
•In the event of a motor vehicle accident of any sort, regardless of the value of the damage that may have been sustained by any participant in the accident, the Driver shall, within 24 hours of such accident, notify SRide of the accident and promptly, but in no event later than five days following the accident, provide SRide with written notice of the Driver’s insurance carrier, identification of any claims adjuster assigned to the case, a police report, if applicable, and provide the names and identifying information of any and all other participants and witnesses to the accident, whether or not such witnesses or participants has suffered any injury or property damage as a result of the accident.
•The Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
•The Driver will not make any misrepresentation regarding SRide, its Applications, the Services or the Driver’s status as a Driver, offer or provide transportation service for other Users for remuneration without notifying SRide and using SRide’s Services, nor shall the Driver hold himself or herself out as an agent of SRide, or as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Passengers, or engage in any other activity in a manner that is inconsistent with the Driver’s obligations under this Agreement.
•The Driver will only accept Passengers using the SRide Application and with a vehicle that has been reported and identified to SRide, including providing photographs of the interior and exterior of the vehicle, the license plate and VIN tag, and any other identifying information or photographs, at SRide’s request.
•The Driver will not discriminate or harass Passenger on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
•The Driver is medically fit to drive in accordance with applicable law.
Subject to your compliance with this Agreement, SRide grants you a limited non- exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run the Application solely for your own personal use. Furthermore, you agree to operate any mobile Application in compliance with the terms and conditions of the owner and/or operator of the platform from which you download such Application, and use it in compliance with the terms and conditions of the maker of the mobile device on which you use the Application. SRide reserves all rights in and to the Application not expressly granted to you under this Agreement.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Services or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Services or its related systems or networks.
SRide has and reserves the right to investigate and prosecute violations of any of the provisions of this Agreement as it sees fit and to the fullest extent of the law. SRide may request assistance from, and cooperate with, law enforcement authorities in investigating and prosecuting Users who violate this Agreement. You acknowledge that SRide has no obligation to monitor your access to or use of the Services, Application or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Services and Application as it sees fit. SRide has the right to take all reasonable steps, as it deems appropriate, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SRide reserves the right, at any time and without prior notice, to remove or disable access to any User Content that SRide, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Services or Application or offensive to SRide or its Users, in SRide’s sole discretion.
PROMOTIONAL CODES & ADVERTISING
sRide may, in sRide’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that sRide establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by sRide; (iii) may be disabled by sRide at any time for any reason without liability to sRide; (iv) may only be used pursuant to the specific terms that sRide establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. sRide reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that sRide determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
REFERRAL CREDITS: All referral credits given to users to refer their friends / colleagues will result in referral credits granted within the app. Those referral credits are not real money but are carpool credits. User can use those credits to do carpool rides but cannot redeem those credit in exchange for money or equivalent.
The referral credit will expire 3 months from the date of credit grant and the user will not be able to use them after 3 months. The terms and duration of this will vary from time to time.
sRide also holds the right to stop the referral program at any given point of time.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
SRide respects laws governing the use and protection of intellectual property and requires its users to do the same and, by creating an account with SRide and using its Services, you agree to abide by, and respect, all applicable laws regarding use and protection of intellectual property including copyright, trademark and patent laws. SRide reserves the right to terminate the account of any User who, in SRide’s sole discretion, appear to have infringed upon SRide’s or other intellectual property rights.
Any fees that the SRide may charge you for use of the Application or its Services are due immediately and are non-refundable once paid to SRide. This no refund policy shall apply at all times regardless of your decision to terminate your account with SRide, our decision to terminate your account, and any disruption or interference with your use of the Application or SRide’s Services whether planned, accidental, intentional, or otherwise. SRide reserves the right to determine applicable pricing for all of the Services and you agree, by using the Services, to be responsible for all fees and financial terms as determined by SRide.
SRide may, in its sole discretion, make promotional offers with different features and different rates to any of SRide’s Users. These promotional offers, unless made to you, shall have no bearing on the prices paid by you for any Services you may use. SRide may change the fees for our Services as it deems appropriate, for any reason. You are free to discontinue using SRide’s services if you do not wish to be responsible for the fees collected by SRide at any time. We encourage you to check SRide’s website and the Application you have downloaded to your mobile device to confirm the fees charged for your use of the Services from time to time.
CORPORATE PROMOTION OR SUGGESTION TO USERS
In case sRide is promoted or suggested by any corporate corporate to its employees as a means of carpool or alternate commute, the corporate organization is not liable or responsible for fulfilling any terms and conditions for sRide app. The corporate organization is only suggesting sRide as a means of alternate commute. The relationship is purely between sRide & the user.
THIRD PARTY REFERRALS AND COMMUNICATIONS
During your use of the Application and Services, you may interact and/or correspond with other Users and you may be referred to SRide from third party sources. SRide is not responsible for your interaction with any third party and any such activity is solely between you and the relevant third party. By creating an account and using the Services, you agree that SRide shall have no liability, obligation or responsibility for any such interaction with a third party, including other SRide Users. SRide does not necessarily endorse any opinion or communication you may receive or read from any third party, including any other Users,
SRide may rely on third party advertising and marketing supplied through the Application or Services and other mechanisms in conjunction with the Application or Services. By creating an account and using the Services, you agree to the terms of this Agreement and agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing and you may cancel your account with SRide at any time. SRide reserves the right to modify its fee structure for use of the Services should you choose not to receive these advertising services. By creating an account and using the Services, you agree that SRide may compile information about you and your use of the Services and use this information in connection with providing the Services and developing the Applications, and may share this information with others who assist SRide in providing the Services to you. To the extent you provide any User Content or rely on User Content, and to the extent that you share a ride with any other Users, you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
INSURANCE, LIABILITY AND INDEMNIFICATION
SRide maintains a variety of insurance policies intended to protect SRide. In some instances, but not all, SRide’s insurance may also cover certain Drivers and/or Passengers, but SRide is not obligated to provide insurance coverage for any of its Users.
These policies may or may not apply to all Users in all states and you are responsible for your own safety and security while using SRide’s Services. As with any insurance policy, specific insurance terms, limitations, and exclusions apply. SRide does not procure insurance for, nor is it responsible for, your personal safety or any personal belongings that you may bring into any vehicle operated or occupied by another SRide User.
THIS IS AN UNOFFICIAL PARTIAL DISCUSSION OF SRIDE’s INSURANCE COVERAGE AND MAY NOT ALWAYS BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING OR ASSURING THAT ANY USERS OR THIRD PARTIES ARE COVERED BY SRIDE’S INSURANCE OR THAT THEY ARE THIRD PARTY BENEFICIARIES OF ANY SUCH COVERAGE.
By entering into this Agreement and using the Application or Services, you agree that you shall defend, indemnify and hold SRide, its subsidiaries, affiliates, officers, directors, agents, shareholders, Users, employees, and attorneys harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including other
Users with whom you interact as a result of your use of the Services or Application, or (c) your use or misuse of the Application or Services.
DISCLAIMER OF WARRANTIES
SRIDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR APPLICATION. SRIDE DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES OR APPLICATION WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND APPLICATION ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SRIDE. SRIDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD
PARTIES THROUGH THE USE OF THE SERVICES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SRIDE’S SERVICES AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SRIDE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SRIDE AND/OR ITS AFFILIATES, OFFICERS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS, AGENTS AND LICENSEES OR LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). SRIDE AND/OR ITS AFFILIATES, OFFICERS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS, AGENTS AND LICENSEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES OR APPLICATION, EVEN IF SRIDE AND/OR ITS AFFILIATES, OFFICERS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS, AGENTS AND LICENSEES OR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SRIDE MAY PROVIDE THE SERVICES TO YOU FOR THE PURPOSES OF PROVIDING A MATCH BETWEEN USERS WHO SEEK TRANSPORTATION BUT IS NOT PROVIDING THE TRANSPORTATION SERVICES TO YOU OR ANY USER DIRECTLY. SRIDE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY TRANSPORTATION PROVIDERS (DRIVERS) EXCEPT AS EXPRESSLY SET FORTH HEREIN AND YOU EXPRESSLY WAIVE AND RELEASE SRIDE FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USER WHO PROVIDES TRANSPORTATION SERVICES TO YOU. YOU ACKNOWLEDGE THAT ANY PARTY PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH THE APPLICATION OR SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED TO OFFER TRNSPORTATION SERVICES AS A CHAUFFEUR OR COMMERCALLY LICENSED DRIVER. SRIDE IS NOT OBLIGATED TO BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY PROVIDER OF TRANSPORTATION SERVICES OR BETWEEN YOU AND ANY OTHER USER OF SRIDE’S SERVICES. SRIDE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND ANOTHER USER, EXCEPT AS SET FORTH HEREIN. YOU AGREE TO ACCEPT FULL RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SERVICES OFFERED VIA THE APPLICATION AND ALL RESPONSIBILITY AND LIABILITY (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU WHETHER YOU ARE A DRIVER OR A PASSENGER. YOU USE THE APPLICATION AND SERVICES AT YOUR OWN
RISK. EXCEPT AS OTHERWISE SET FORTH HEREIN, SRIDE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF OTHER USER OF THE SERVICES TO INTERACT WITH YOU IN ANY WAY. YOU EXPRESSLY WAIVE AND RELEASE SRIDE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICES. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE USERS WITH WHOM YOU ARE MATCHED BY SRIDE. YOU ARE ALWAYS FREE TO OPT NOT TO ACCEPT SRIDE’S SUGGESTION OF A MATCH WITH ANY OTHER USER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICES, YOU MAY BE EXPOSED TO SITAUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICES AT YOUR OWN RISK.
SRide may give notice by means of a general notice on the Services, electronic mail to your email address on record in SRide’s account information, or by written communication sent by first class mail or pre-paid post to your address on record with SRide. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SRide (such notice shall be deemed given when received by SRide) at any time by any of the following: letter sent by confirmed facsimile to SRide at the following fax number: 877-231-4571; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to SRide at the following address: 1241 Garden Street Hoboken NJ 07030.
This Agreement may not be assigned by you without the prior written approval of SRide but may be assigned without your consent by SRide to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger whether voluntarily or by operation of law. Any purported assignment in violation of this section shall be void.
By entering into this Agreement and using SRide’s Application or Services, you agree that you shall defend, indemnify and hold SRide, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
You and SRide agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and SRide are each waiving the right to a trial by jury or to participate as a plaintiff or member of a class in any purported class action or representative proceeding. Further, unless both you and SRide otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at the AAA’s web site www.adr.org) or by calling the AAA at 1-800- 778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration that is available at the AAA’s web site and a separate form is available for California residents at the AAA’s web site.) The arbitrator will be anyone approved by the AAA and will be selected by you and SRide from the AAA’s roster of consumer dispute arbitrators. If you and SRide are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and SRide otherwise agree, the arbitration will be conducted in the State of New York, County of New York. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SRide submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. SRide will have the right to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the modification-related provisions above, if SRide changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of SRide’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any
Dispute between you and SRide in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
For any promotions, please check our FAQ http://sride.co/share/faqs/
No joint venture, partnership, employment, or agency relationship exists between you, SRide or any third party provider as a result of this Agreement or use of the Services or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of SRide to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SRide in writing. This Agreement comprises the entire agreement between you and SRide and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
This Agreement shall be construed and governed in accordance with the laws of the State of New Jersey & Indian Penal Law.