MISCELLANEOUS PROVISIONS

Updated 04/13/20

Terms of Agreement: This agreement is expressly limited to such terms and conditions. Any attempt to modify, supersede, supplement or otherwise alter this agreement will not modify this agreement or be binding on the parties unless such terms have been fully approved in signed writing by both parties.

Relationship of the Parties: Nothing in this agreement or the Terms of Service creates any agency, joint venture, partnership, or other forms of joint enterprise, employment, or fiduciary relationship between the parties. Neither party has any express, implied right, or authority to assume or create any obligation on behalf of, or in the name of the other party or bind the other party to any contract, agreement, or undertaking with any third party.

Entire Agreement: This agreement (and the Terms of Service ) constitute the entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

Assignment: Seller may not assign any of its rights or delegate any of its obligations under this agreement without the prior written consent of Call A Ride. Call A Ride may assign any of its rights or delegate any of its obligations hereunder at Call A Ride’s sole discretion.

Severability: If any term or provision of this agreement (or the Terms of Service) is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect any other term or provision of this agreement (or the Terms of Service) or invalidate or render unenforceable, such term or provision in any other jurisdiction.

Governing Law; Venue: This agreement and the terms of service shall be governed by the laws of the State of Florida, without giving effect to the principles of conflicts of laws. Each party consents to the personal jurisdiction of the Federal, state, or local county courts located in Pinellas County, Florida. Each party agrees that any such court shall have in persona jurisdiction over such party and consents to service of process by notice sent to the address set forth above and/or by any means authorized by law.

Waiver of Jury Trial: Each party waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this agreement or the terms of service.