THESE TERMS AND CONDITIONS OF USE AND SERVICE (hereinafter “Agreement”) are effective as of the date that You create a User account or begin using CAR TECHNOLOGY (“Effective Date”), by and between you (collectively referred to herein as “you,” “your,” or “User,” “Driver,” or “Rider”) and CALL A RIDE, INC., a Florida Limited Liability Company (“CAR”) (You and CAR may collectively be referred to herein from time to time as “Parties” or individually as “Party”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW ANY CLAIMS, THAT MAY EXIST BETWEEN YOU AND CAR, CAN BE BROUGHT (SEE THE ARBITRATION SECTION). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS OR DISPUTES THAT YOU HAVE AGAINST CAR TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN THE ARBITRATION SECTION.
For your convenience you can click on the topics of choice and view the desired clause(s) of this Agreement:
- Acceptance of Use
- CAR TECHNOLOGY
- Driver Subscription
- Third Party Services and Content
- Promotional Codes
- Relationship with CAR
- Rider Fares, Service Fees, Payments, and other Charges
- Repair, Cleaning, or Lost and Found Fees
- Order Placement for Driver and Rider Services
- Your Information
- Restricted Activities
- Intellectual Property
- State and Local Disclosures
- Indemnity and Indemnification
- Limitation of Liability
- ADA Policy
- Term and Termination
- DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
- Agreement to Binding Arbitration between You and CAR
- Prohibition of Class Actions and Non-Individualized Relief
- Rules Governing the Arbitration
- Arbitration Fees and Awards
- Location, Procedure, and Manner of Arbitration
- Arbitrator’s Decision
- Modification to this Agreement
- Modifications to CAR TECHNOLOGY
- Miscellaneous Provisions
I. ACCEPTANCE OF USE.
PLEASE READ THIS AGREEMENT CAREFULLY. ILLUSTRATED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AS A USER OR VISITOR OF CAR. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT, OR CONTRACT, BETWEEN YOU AND CAR REGARDING YOUR USE OF CAR’S MOBILE APPLICATION AND CAR’S INTERNET WEBSITE SERVICE, CALLARIDE.COM, CAR’S TECHNOLOGY, AND CAR’S PLATFORM (COLLECTIVELY REFERRED TO HEREIN AS “CAR TECHNOLOGY”). BY USING CAR TECHNOLOGY, INCLUDING VIEWING CONTENT, WEBSITES, FUNCTIONS, AND MOBILE APPLICATIONS, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND CAR, REGARDLESS OF WHETHER YOU CHOOSE TO ENROLL OR BECOME A MEMBER. YOUR ENTRY TO AND USE OF CAR TECHNOLOGY IS CONDITIONED UPON YOUR COMPLIANCE AND CONSENT WITH THIS AGREEMENT WITHOUT ANY ALTERATION OF THIS AGREEMENT. THIS AGREEMENT IS WRITTEN IN ENGLISH (USA). IF ANY TRANSLATED VERSION OF THIS AGREEMENT CONFLICTS WITH THE ORIGINAL ENGLISH VERSION, THE ENGLISH VERSION SHALL CONTROL. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR CONDITIONS, PLEASE DO NOT USE THIS MOBILE APPLICATION, WEBSITE, PLATFORM, OR ANY OTHER CAR WEBSITES AS YOU WILL NOT BE AUTHORIZED TO DO SO.
CAR TECHNOLOGY shall be provided and made accessible only to Users who have reached the Age of 23 years old. CAR TECHNOLOGY is not intended, designed, or meant to be used by persons under the Age of 23. There is the possibility that your User account may be canceled with or without warning, if CAR determines, in its sole discretion, that you are under the Age of 23. By using or attempting to use CAR TECHNOLOGY, you confirm that you are, at a minimum, the Age of 23 years old and that you are fully able, capable, and competent to enter into the terms, conditions, obligations, confirmations, representations, arrangements, assurances, and warranties as set forth in this Agreement. If you have not reached the Age of 23, or your use of CAR TECHNOLOGY is prohibited or restricted in any conceivable way by the laws, legislations, mandates, regulations, rulings, statutes, acts, codes, decrees, precedents, or by any other governmental requirements of the jurisdiction in the area of which you live, reside, or work or if, for any reason and/or at any time, You do not agree with any of the covenants or provisions of this Agreement, you must refrain form the use of CAR TECHNOLOGY or stop usage of CAR TECHNOLOGY at the moment that you do not agree to adhere to and abide by all covenants and/or provisions of this Agreement. The use of CAR TECHNOLOGY is void where it is prohibited, banned, barred, and/or illegal.
This Agreement and any rights and licenses given throughout this Agreement, shall not be transferred, assigned, or reassigned by you, but may be assigned by CAR without restriction, consideration, notice, or approval. This Agreement and all of the terms and conditions herein, will remain in full force and effect, to the extent of the laws that you work and/or reside in, during and after you use of CAR TECHNOLOGY, or are a User. There are sections of CAR TECHNOLOGY that we make accessible to its User in the general public without the process of registering and you may visit, peruse, and browse those sections; however, we hold the right to make changes, control, limit, regulate, decrease, or restrict those sections at any time, for any reason or no reason, in our discretion, without any notice or prior consent from you. Your usage, entrance, viewing, connection, or access to CAR TECHNOLOGY represents that you have read all of the most currently updated version of this Agreement.
CAR TECHNOLOGY can only be used by those Users who can form legally binding contracts under the relevant laws, legislations, mandates, regulations, rulings, statutes, acts, codes, decrees, precedents, or by any other governmental requirements of the jurisdiction in the area of which you use the CAR TECHNOLOGY. As stated above, CAR TECHNOLOGY is not authorized for the use of persons under the Age of 23 or for Users who have had their User account either temporarily or permanently terminated, deactivated, or suspended. By enrolling and therefore becoming a User, you are representing and warranting that you are at least the Age of 23 and that you have the right, ability, authority, capacity, and competence to enter into and adhere to the terms and conditions that are set forth within this Agreement. It is against this Agreement to authorize any other person’s usage and access to your User account, and you accept, acknowledge, and agree that you are the singular approved user of your account.
III. CAR TECHNOLOGY
The CAR TECHNOLOGY is comprised of mobile applications and related services which enable any persons and/or companies who are in need of transportation (“Riders”) to receive a referral service, provided by us, in which they are matched and connected with different persons and/or companies that offer such services to their requested destinations (“Drivers”). Both Drivers and Riders shall create a User account that enables access to the CAR TECHNOLOGY. (Drivers and Riders shall be mutually referred to herein as “Users”). Each person who decides to engage in and register to use CAR TECHNOLOGY may only establish one User account as a Driver and one User account as a Rider. CAR reserves the right and will shut down any additional accounts that a single user attempts to create immediately with or without notice to you. As a User of CAR TECHNOLOGY, websites, mobile application, content, and functions, you authorize CAR to provide you with a referral for a Driver or Rider based on certain factors and information, for instance your location, the estimated time of arrival to pick up, your requested destination, any user requests or preferences, platform capability and efficiency, and to allow access for both Driver and Rider to cancel an existing match and/or rematch based on the same choices or any modified preferences that the user may change. For any and all purposes of this Agreement, the driving services rendered by Drivers to Riders that are matched through the CAR TECHNOLOGY shall be mutually considered and referred to as the “Services”. Any arrangement by a User to offer, accept, or decline Services by another User is a decision made at that User’s sole discretion and is in no way under the control of CAR and as such all responsibility or liability falls unto those users who made the decision for services. Each and every transportation Services rendered by a Driver to a Rider will establish a separate arrangement between such persons and CAR does not assume any responsibility or liability from this interaction.
The CAR TECHNOLOGY provides Riders the ability to be selective in their search requests and only receive results based on those specific requests; CAR does not warrant that any request will be filled with available Drivers meeting any specialized requests or preferences of any Rider.
Along with arranging and scheduling transportation, CAR TECHNOLOGY also arranges for the logistics and/or delivery services in order to purchase certain goods, services, or products, including the use of third party providers of services, products, and/or goods that are under agreement with CAR or CAR affiliates, known herein as "Third Party Providers". In certain circumstances, the Services that you are requesting may also include an option to receive transportation, logistics, and/or the delivery of services, products, or goods for an upfront price, which is subject to authorization by the relevant Third Party Providers. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR ABILITY TO RECEIVE TRANSPORTATION, GOODS, LOGISTICS, PRODUCTS, AND/OR DELIVERY SERVICES THROUGH THE AVAILABILITY OF THE CAR SERVICES DOES NOT IN ANY WAY CONSTITUTE CAR AS A PROVIDER OF TRANSPORTATION, GOODS, LOGISTICS, PRODUCTS, AND/OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
You understand, acknowledge, and accept that certain options of the CAR TECHNOLOGY may be made accessible under CAR’s assorted brands and our many types of request options that are available with different types of transportation or logistical needs. You accept, acknowledge, and agree that the CAR TECHNOLOGY may be made accessible under such brand names or request options by or in relation with: (i) CAR’s subsidiaries, parents, assigns, and affiliates; or (ii) through certain independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders, or holders of comparable transportation permits, authorizations, permissions, sanctions, or licenses.
IV. DRIVER SUBSCRIPTION
By Licensing and Subscribing to and supplying Services as a Driver on CAR TECHNOLOGY, you represent, certify, warrant, pledge, acknowledge, and agree that:
- You will not attempt to deceive, circumvent, cheat, falsify, or defraud Riders or CAR on the CAR TECHNOLOGY, or in relation to your Services using CAR TECHNOLOGY. If we suspect for any reason or at any time that you have committed fraudulent activity we have the right to withhold any and all pertinent fares or other payments for the ride or rides that are in question.
- You will only provide Services using the vehicle that you have reported to us, and that has been approved of and listed with CAR, for which you have also provided to CAR a photograph of, and you will not under any circumstances or for any reason transport more passengers than can be securely seated in the vehicle that you are operating.
- You will not at any time for any reason participate in reckless behavior or actions while providing Services, drive hazardously, drive a vehicle that is unsafe in any way, allow an unauthorized third party or parties to accompany you in the vehicle while providing transportation to a User, provide Services as a Driver while under the influence of alcohol, drugs, or any other illegal substances, or to take any action that may cause harm, actually harms, or threatens to harm the safety of the community, Users, CAR, the public, third parties, nature, animals, or yourself.
- You agree that CAR may gather information about you, as well as your criminal and driving records, and you consent to cooperate with a full and complete background check and/or to give any further necessary authorizations that we may need to expedite and facilitate our access to these records during the term of the Agreement.
- You will not, while using CAR TECHNOLOGY or providing Services as a ride share driver, conduct business as a public or common carrier or taxi service, unless you are specifically engaged under one of the CAR fleet accounts as a registered 3rd party servicer that is duly licensed and insured as a common carrier or taxi service.
- You agree that while using CAR TECHNOLOGY you are only permitted to accept rides or provides Services using CAR TECHNOLOGY. If you use CAR TECHNOLOGY to link with a Rider, the ride, and all details of the ride, must be recorded in the CAR TECHNOLOGY.
- While providing Services to Users, you have ownership of, the legal right to use, or legal permission to operate the vehicle you use and confirm that the vehicle is in good operating order and also that the vehicle meets all industry safety standards and all relevant statutory and state departments of motor vehicle requirements for a vehicle of its type.
- You carry a valid driver’s license in accordance with the laws of the region or area that you work and live in and that you are certified, authorized, medically fit, and able to operate a motor vehicle at the time of giving Services to other Users and that you have all appropriate licenses, permits, authorizations, approvals, permissions, and authority to give transportation to any and all Riders in all jurisdictions that you administer Services.
- You have a legitimate and valid policy of liability insurance (with coverage amounts consistent with all legal requirements of the state, country, county, region, or area that you will be providing services in) that names or allows you to operate the vehicle you use to provide Services.
- You will pay all relevant federal, state, and local taxes based on your ride Fares that are processed thru CAR and any payments received by you through CAR.
- You agree to make any reasonable accommodations for Riders and/or for service animals, as required by law.
- You agree to the payment terms and schedules on any and all CAR subscriptions or products that you have purchased or requested from CAR.
- You agree to and understand that CAR imposes a service fee, booking fee and insurance fee to the Riders final fares which are in addition to your Driver’s fares, cancellation fees, damage fees, and any adjustments made to any Ride when the CAR card payment processing program is used.
- You agree to the use of a 3rd party telematic technology application supplied by CAR’s insurance provider that will monitor your driving behavior, this software may score your driving behavior and inform CAR and CAR’s insurance company of any unsafe or poor driving habits. CAR reserves in its sole right to terminate your account based on the findings of these reports without notice.
Drivers will subscribe to the CAR TECHNOLOGY and pay CAR monthly service fees. CAR will provide Drivers full access to the CAR TECHNOLOGY based on the licensing and subscription plan that the Driver has selected and paid for. CAR will auto draft the Driver’s bank account or process these fees on a credit card as selected and provided for by the Driver, and Driver authorizes CAR to make such deduction or draft. CAR reserves the right to suspend the Drivers account for any breach of this Agreement or nonpayment until such condition is cured. Driver’s subscription fees are nonrefundable and are considered earned at time of payment. Driver’s subscription fees can either be month to month or annually, depending on the applicant’s choice, and require a 30 day written cancellation notice.
CAR TECHNOLOGY may, from time to time, offer orientation videos (“Videos”) for Drivers. Videos are for informational purposes only. Drivers agree that no representations, recommendations, or guarantees are being made in and Videos offered by CAR. The people in the Videos are paid actors and are not Users of CAR TECHNOLOGY. Drivers may elect to watch the Videos and incorporate any practices at their discretion. Drivers assume all responsibility for any actions they take based upon practices conveyed in the Videos.
As a registered CAR Driver, you will receive payment for your trip Fares pursuant to the terms of the “CAR Driver Payment Plan,” which shall form part of this Agreement between you and CAR. The Driver Payment Plan is available in the Driver dashboard when you log into your account.
By becoming a User or Visitor, and therefore accepting this Agreement between you and CAR, you agree to receive CAR communications, including via e-mail, text message, calls, and push notifications. You acknowledge, concede, and agree that calls, emails, texts, or any prerecorded messages may be sent to you by automatic telephone dialing systems. Any communications from CAR, its benefits partners, Drivers or Riders, may comprise of, but are not limited to: working communications regarding your personal CAR account or operation of the CAR TECHNOLOGY or features on CAR, communications regarding incentives given by CAR or our third-party benefactors, announcements regarding CAR, and/or business advancements, developments, improvements, marketing purposes, or progress. Your phone carrier’s standard text messaging charges that may be enforced will always apply to the text messages that we send to you. You acknowledge and understand that it is not a requirement for you to give this consent as a condition of obtaining or purchasing any property, goods, or services that might be available to you.
The CAR TECHNOLOGY allows for the import of personal contacts and friends or associates from the Driver’s various social media accounts. This compilation of data will be stored in the Driver’s customer list and be available for the Driver to use for the Driver’s marketing strategies as applicable through social networks.
IF, AT ANY TIME AND FOR ANY REASON, YOU DECIDE TO DISCONTINUE OR OPT OUT OF ANY OR ALL PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE “UNSUBSCRIBE OPTIONS” AS SET FORTH IN ALL OF THE PROMOTIONAL EMAILS THAT MAY BE SENT TO YOU.
V. THIRD PARTY SERVICES AND CONTENT.
VI. PROMOTIONAL CODES.
CAR may, in its sole discretion, create QR, referral and/or promotional codes ("Promotion Codes") that may be redeemed for discounts on future Services. You agree that Promotion 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 forum or otherwise), unless expressly permitted by CAR; (iii) may be disabled by CAR at any time for any reason without liability to CAR; (iv) may only be used pursuant to the specific terms that CAR establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use; (vii) CAR may use Promo or Referral Codes in its Driver incentive programs and/or contests as a measure to determine the winners of such programs or contests; (viii) CAR may connect certain codes to the ride process, such codes like the QR may be used for driver and rider safety, ride activation, advertising activation or other triggers as CAR deems appropriate or necessary. CAR reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promotional Codes by you or any other User.
VII. RELATIONSHIP WITH CAR
You accept, acknowledge, recognize, and agree that as a Driver on the CAR Platform, website, and mobile app that you and CAR are in a direct business relationship as a licensee and licensor, and that the relationship between both the parties under this Agreement is expressly that of licensee and licensor. You and CAR specifically acknowledge and agree that (1) this is not an employment agreement and as such does not constitute an employment relationship between you and CAR; and (2) that no joint venture, employment, enterprise, franchisor- franchisee, investment, partnership, cooperation, or agency relationship is intended, contracted, created, established, promised, proposed, or exists by this Agreement. You have absolutely no power, authority, or authorization to bind CAR and you understand not to hold yourself out as an employee, agent, or authorized representative of CAR in any way.
CAR does not, and will not be considered to, direct or control you broadly or in your conduct under this Agreement definitively, as well as in relation with your supplying of Services, your acts, actions, exclusions, or omissions, or the operation, application, preservation, and maintenance of your vehicle that you use. You maintain the exclusive right to decide when, where, and for the amount of time that you will take advantage of the CAR TECHNOLOGY. You maintain the option or choice to accept, decline, or ignore a Rider’s solicit for Services via the CAR TECHNOLOGY. You may also cancel a confirmed or accepted request for Services through the CAR TECHNOLOGY, which will still be subject to CAR then-current cancellation policies. Barring any signage that is required by law or any permit/license rules, conditions, requirements, or prerequisites, CAR will have no right to demand, require, instruct, or obligate you to: (a) exhibit any CAR names, logos, or any particular colors on your vehicle(s); or (b) wear a uniform, coordinated outfit, or any other clothing that exhibits CAR names, logos or colors. You accept, acknowledge, recognize and agree that you have complete judgement for deciding to give or not to give Services or to otherwise enlist in any other business or employment activities, actions, or enterprises.
VIII. RIDER FARES, SERVICE FEES, PAYMENTS, AND OTHER CHARGES
As a Rider, you acknowledge that the application to use or the usage of the CAR TECHNOLOGY may create charges or fees to you. Charges may include, but are not limited to, pass thru Driver fares and/or any other relevant fees such as, special adjustments, waiting fees, service fees, parking, tolls, admission fees, surcharges, Driver tips, airport fees, insurance fees, special parking fees, extra luggage fees, booking fees, and any government imposed taxes that may apply in your city or ride location.
Drivers have the exclusive authority to set their own rates (“Fare” or “Fares”), CAR does not set Fares for Riders. Drivers post their hourly Fares on CAR TECHNOLOGY and a minimum Fare that they charge regardless of the time, distance, or the Fare. Drivers are independent owner operators and have the option to receive payments from Riders in various forms such as cash, checks, or through the convenience of the CAR’s card processing program (“CAR Card Processing”). Fares may vary dependent upon the particular Driver that you request. Please be aware that not all Drivers are priced the same and there may be several reasons for the variation in Fares such as the vehicle type and age, Driver status, special services, market or region or other considerations placed on the rates by the Driver. You are responsible for reviewing the Driver’s page and/or the Fare quotes within the CAR TECHNOLOGY and shall be responsible for all charges incurred under your User account, regardless of your awareness of such charges, or the amounts thereof. When requesting transportation, the quote that is displayed (“Quote”) is based on the current road and traffic conditions, however, these Quotes are subject to change, greater or lesser, depending on the actual time it takes to complete your ride. Driver’s Fares calculated pro rata by minutes and the Driver’s hourly rate multiplied by the actual time it takes to complete the trip. At the conclusion of a ride, you may decide to tip your Driver.
A service fee (“Service Fee”) is added to every ride that is arranged through the CAR TECHNOLOGY and the Rider shall pay the Fare and Service Fee through CAR’s Card Processing. CAR Card Processing includes payments made using a Card, the term “Card” will include all credit, gift, promo, or debit cards. CAR reserves the right from time to time to adjust the Service Fees as necessary. Service Fees are in addition to the overall Fares along with any additional charges or adjustments that may occur during the Rider’s trip. Service Fees will also be added to charges for cancellations and damages that are processed on the Rider’s Card. CAR reserves the right to use any of the revenue from any charges for any purpose that CAR chooses, in its sole discretion. A booking fee (“Booking Fee”) is applied to every ride and is the fee CAR charges to support its business and provide riders and drivers with the use of the CAR TECHNOLOGY. An insurance fee (“Insurance Fee”) is applied to every ride and is a calculation based from the total insurance cost that is billed to CAR in order to provide such coverage’s as are mandated by Transportation Network Company (“TNC”) laws, if they apply to CAR TECHNOLOGY or Services. Riders are billed this Insurance Fee pro rata based on the amount of mileage for each ride from the start point to the end point. Insurance Fees may vary from location to location or other factors that may be implied by the insurance carrier. CAR may impose an addition to the Insurance Fee at its sole discretion. Drivers and Riders agree that chargebacks (“Chargeback”) on credit cards used to pay for CAR’s Services or CAR TECHNOLOGY shall not be permitted. In the event of a Chargeback, Drivers and Riders agree that they will be charged a $30.00 “Chargeback Fee” by CAR. Such Chargeback fee shall be final and assessed by CAR in its sole discretion. Drivers and Riders agree that the Chargeback Fee is reasonable. In the event that Drivers or Riders dispute a charge on their credit card they must contact CAR Customer Service to dispute the charge.
Please be aware that other fees and surcharges may be implemented to your ride. Some examples of this are any actual or expected airport fees, any relevant state or local fees, event fees which are decided by CAR and/or its marketing partners, and any processing fees that may be charged for split payments. Furthermore, where required by applicable law CAR will also obtain any relevant taxes from you. To learn more please review your market’s CAR page for further specifics on any other Charges that could potentially apply to your ride.
After requesting a ride through CAR, you have the option to cancel your ride through the mobile app, however please note that a cancellation fee may apply. A cancellation fee may also be assessed if you fail to show up to the designated pick-up location after requesting a ride or are not available at your location and ready to go within 5 minutes of the Driver’s arrival. You can review our Help Center at any time to read more about our cancellation policy.
There is a no-refund policy on any and all charges. This no-refund policy will be fully enforced at all times no matter the reason for your decision to cancel your use of the CAR TECHNOLOGY, including any interruption to the CAR TECHNOLOGY, or for any and all other reasons.
Upon the use of a new payment method or for each ride requested, CAR may request approval of your chosen payment method to authenticate said payment method, establish that the cost of the ride will be covered in your account of choosing, and safeguard against any unauthorized transactions. This authorization is not a permanent charge, although, it may be visible and as such deduct your available credit on your bank statement by the allowed authorization amount until whenever your bank’s next processing cycle happens. Please keep in mind that if the authorization amount is more than the total amount of funds available to deposit in your chosen account, you may be given an overdraft of NSF charges by your bank that is issuing your debit or prepaid card. We cannot and will not be held responsible at any time or for any reason for these charges and are not able to provide you with assistance in recovering the losses or fees from your bank. Please look over the CAR Help Link if you would like to learn more.
All of the charges and payments will be facilitated by CAR using the payment method that has been designated in your User account settings. After services have been rendered, you will receive a receipt through your chosen email. If for any reason your primary User account payment method is found to be expired, closed, invalid, frozen, or otherwise not available to be charged the fee, you accept, understand, and agree that CAR may attempt to use a secondary payment method that is available in your Account.
IX. REPAIR, CLEANING, OR LOST AND FOUND FEES.
If at any time a Driver reports that a Rider has physically caused a mess within Driver’s vehicle, damaged, or injured the Driver's vehicle in any way including getting sick (vomited or released other bodily fluids or solids) in the vehicle, or Rider’s pet has caused any damages or has released any fluids (vomit, poop, pee, saliva), Rider acknowledges that Rider will be responsible for paying a damage fee (“Damage Fee”) up to a maximum amount of one hundred fifty dollars ($150.00), depending on the scope of the damage that was incurred (which will be decided by the Driver at their sole discretion), for vehicle repair, sanitation, and/or cleaning. CAR holds the right (but is in no way duty-bound) to certify or otherwise require any documentation of such damage before processing any of the Damage Fee requested. CAR has expressly required that Drivers photograph and document within 3 minutes of the end of trip, any damages or required cleaning necessary to restore the vehicle to the condition that it was in prior to processing any claim thru the CAR TECHNOLOGY against any Rider that is in question of damages or cleaning.
Users (whether the Rider or Driver, depending on where the fault lies) will also be responsible and liable for any damages to property that is in relation or connection to the use of the CAR TECHNOLOGY or CAR’s services. CAR maintains the right to facilitate the payment for the reasonable cost of any and all repairs, but is in no way duty-bound or obligated to facilitate these transactions, by using the payment method that is designated to your personal account. Such amounts, as well as those referring to any lost and/or found goods, will be transferred by CAR to a Third Party Provider or the person whose property was damaged, if relevant, and as such all of these transactions are non-refundable.
The amounts in connection to repair, cleaning, damages, and/or lost & found fees relevant in your Market may be found at https://help.callaride.com/knowledge/riders#fares-fees-and-charges and may be updated by CAR, in its sole discretion. Please check back periodically as these coverages and amounts may be updated or changed from time to time.
X. ORDER PLACEMENT FOR DRIVER OR RIDER SEARCHES.
When you initiate a search that is location based, the results displayed will be for all CAR drivers that are considered to be in that particular category and who are located in the particular area as-selected by the CAR User. In the event that there are no results to be found for a particular city location that has been requested, the search will then expand to a county level. After that, if there are still no results displayed for that particular category, then the search will automatically expand to the state level. CAR does not guarantee the availability of Drivers on CAR TECHNOLOGY and Riders specifically agree that CAR will not be responsible for Driver unavailability.
XI. YOUR INFORMATION
XII. RESTRICTED ACTIVITIES
In consideration to your use and participation in the CAR TECHNOLOGY and Websites, You acknowledge and agree that You will not:
- imitate, impersonate, or portray yourself as any other person or entity (whether real or fictional);
- persecute, stalk, threaten, intimidate, menace, or in any way harass any person or persons;
- have any weapons or illegal substances on your person while using CAR TECHNOLOGY;
- breach, violate, disregard, infringe, or disobey any law, statute, rule, permit, ordinance, or regulation of the country, county, state, or area that you are in while in the services or use of any CAR TECHNOLOGY;
- impede, interfere with, obstruct, inhibit, or disrupt the CAR TECHNOLOGY, the servers, websites, functions, or networks connected to the CAR TECHNOLOGY;
- post Information, use, or correspond on the CAR TECHNOLOGY in a manner which is deceitful, dishonest, discriminative, defamatory, abusive, obscene, lewd, profane, offensive, sexually oriented, insulting, harassing, or illegal in any way;
- make use of the CAR TECHNOLOGY in any way that breaches or is against any third party’s rights, including, but not limited to: intellectual property rights, copyrights, patents, trademarks, trade secrets, or any other proprietary rights or rights of publicity or privacy;
- post, comment, email, or in any way spread, transfer, or give out any malicious code, files, or programs created to contaminate, interrupt, corrupt, change, damage, hinder, destroy, impair, or in any way limit the performance of any computer software, hardware, telecommunications equipment, or covertly intercept, exploit, illegally use, or confiscate any and all systems, data, or others personal information;
- create headers or manipulate any identifiers for the purpose of disguising the origin of any information relayed through the CAR TECHNOLOGY;
- eliminate any copyright, trademark, or any other proprietary rights or notices from any section segment of CAR TECHNOLOGY;
- “frame,” “mirror,” “link to,” or copy any part of the CAR TECHNOLOGY without our express permission given in written approval or otherwise use meta tags, code, or any other devices having any mention of us so that one may get a person to another web site for any reason whatsoever;
- change, modify, adjust, adapt, alter, translate, readjust, reverse engineer, break down, decipher, decompile, disorder, disassemble, or in any way dismantle any section of the CAR TECHNOLOGY except as may be permitted by applicable law;
- reproduce, rent, modify, license, lease, lend, publicly display, publicly perform, sell, resell, distribute, redistribute, transfer, transmit, stream, broadcast, prepare derivative works based upon, sublicense, or otherwise exploit the CAR TECHNOLOGY access to any section of the CAR TECHNOLOGY except as expressly permitted by CAR;
- use any robot, spider, site search/retrieval application, or any other manual and/or automatic device or process, or cause, dispatch, create, or in any way launch any programs or scripts to capture, retrieve, index, scrape, survey, data mine, or in any way clone, reproduce, duplicate, copy, replicate, or prevent the navigational structure or appearance of the CAR TECHNOLOGY or its contents or unnecessarily afflict, burden, encumber, block, cripple, hinder, or impede the performance of any facet of the Services;
- endeavor to get unauthorized entry, access, or to debilitate any portion of the CAR TECHNOLOGY, systems, content, networks, or functions;
- link, whether directly or indirectly, to other websites without the express permission of CAR;
- sell, auction, transfer, or trade your User account, password and/or any other identification to another party;
- segregate, discriminate against, single out, harass, intimidate, persecute, or torment any persons for their race, national origin, religion, gender, gender identity, physical or mental disability or condition, medical condition, marital status, age, or sexual orientation; or
- motivate, cause, enlist, or employ any third party to be a party to any of the restricted activities above.
- engage is any behavior that is aggressive, offensive, or overtly distracting to Driver (“Inappropriate Behavior”). Such determination of Inappropriate Behavior shall be made by Driver is his or her sole discretion. In the event a Rider has engaged in Inappropriate Behavior, Drivers shall have the right to immediately terminate Services or an in-progress ride and the fees for such Services shall be non-refundable.
Furthermore, smoking inside of a vehicle that is used for the transportation of the CAR community is against our policy and, as such, is prohibited. Cars used in offering the Services must be smoke-free at all times even when CAR TECHNOLOGY is disabled. Please remember that there will be Riders entering the car that may have respiratory issues or may be bothered by the smell. If at any time a Rider reports that a Driver’s vehicle smells like smoke, that Driver’s account may be disabled until such time that as the issue is resolved. CAR also has a zero-tolerance drug and alcohol policy for Drivers while using the CAR TECHNOLOGY.
Depending upon the area that you are providing transportation services through the CAR Platform, some laws, legislations, mandates, regulations, rulings, statutes, acts, codes, decrees, and/or precedents prohibit the use of dashboard cameras and/or other recording devices and as such may not be allowed during rides. Please also be aware that in some cities, states, or areas a signage may be required to make known the presence of any recording devices. Please refer to the laws on recording devices that have been implemented in the area that you use the CAR services.
XIII. INTELLECTUAL PROPERTY
Any and all intellectual property rights within the CAR TECHNOLOGY are hereby owned by CAR completely and entirely. These rights include, but are not limited, to the database rights, copyrights, design rights (no matter if they are registered or not), trademarks (also registered or not), and other comparable rights that occur in the world along with the right to request protection for same. Any and all other trademarks, logos, service marks, company, or product names announced within CAR TECHNOLOGY are the property of their corresponding owners.
CAR and any other CAR logos, designs, graphics, icons, scripts, and service names are registered trademarks or trade dress of CAR in the United States and all other countries (“Marks”). If you provide Services as a Driver, CAR allocates to you, for the duration of this Agreement, and contingent to your observance with this Agreement, a fixed, revocable, license to show and use Marks exclusively in relation with giving Services through CAR TECHNOLOGY (“License”). This License is fixed and non-transferable (meaning you cannot assign it to someone else) and you do not have the right to give or appropriate it to any third party or to give, permission, license, or sublicense with respect to any of the allowances granted hereunder without CAR’s express and prior written permission, which it may withhold at any time for any reason or no reason at its sole discretion. The Marks may not be used in any way that could ever cause confusion.
You agree and acknowledge that CAR is the owner and only licensor of the Marks, information, websites, scripts, content, CAR TECHNOLOGY, and trademarks including all goodwill correlated therewith. You also agree and acknowledge that your use of the Marks will not mean any further interest in or of any ownership of the Marks in you but rather inures to the benefit of CAR. Failure to adhere to this Agreement may result in permanent removal from any and all CAR TECHNOLOGY or Services and functions and/or non-refundable loss of payments until such time as the offensive matters or materials are resolved.
You acknowledge and agree that you will not at any time:
- design any components that use the Marks or any by-products of the Marks as a trademark, service mark, trade name, or trade dress, other than as solely approved by CAR in writing prior to such use;
- use the Marks in any and all ways that may impair their legality as proprietary trademarks, service marks, trade names, or trade dress, or use the Marks any other way than is stated in this Agreement;
- take any action that would threaten, jeopardize, impair, debilitate, or diminish CAR as the rightful owner of the Marks or their authority and therefore their ability to enforce the Marks, which includes denying, challenging, contending, or opposing CAR’s rightful ownership of the Marks;
- attempt to gain trademark registration or renewal of trademark registration for any of the Marks, any subordinate of the Marks, any consolidation of the Marks and/or any other name, or any trademark, service mark, trade name, symbol, or word which is comparable to the Marks;
- or make usage of the Marks on or in relation to any enterprise, product, action, service, or activity that is in infringement of any laws, legislations, mandates, regulations, rulings, statutes, acts, codes, decrees, precedents, or by any other governmental requirements or standard in the country, county, or area that you are using CAR TECHNOLOGY or Services.
The consequences of infringement of any arrangement of this License could result in prompt termination of the License at CAR’s sole discretion and at any time. CAR controls the right to rescind your License to use Marks for any reason or no reason at all. If you construct anything that uses the Marks (in infringement of this Agreement), you acknowledge and agree that upon their construction CAR will solely own all rights, titles, and interests in those constructs, including any alterations, modifications, or adjustments to the Marks or any subordinate works that can be construed as based on the Marks. You also acknowledge and agree to give any interest or right you may have in such constructs to CAR, and to give any and all information and to provide any documents as reasonably needed by CAR to facilitate CAR to establish such control.
CAR will always respect the intellectual property of others, and demands that its Users to do the same when working with CAR. If you have reason to believe that any constructs on the CAR TECHNOLOGY violate your copyrights, please view our Copyright Policy for information on how to make a copyright inquiry.
THE CAR SERVICES ARE GIVEN TO USERS IN AN "AS IS" OR "AS AVAILABLE PLATFORM." CAR IS NOT LIABLE FOR ANY REPRESENTATIONS OR WARRANTIES, WHETHER THEY ARE CONSIDERED EXPRESS, INDIRECT, IMPLIED, LATENT, OR STATUTORY, UNLESS THEY ARE PRECISELY AND DIRECTLY STATED IN THIS AGREEMENT. THIS INCLUDES ANY IMPLIED ASSURANCES OR WARRANTIES OF MERCHANTABILITY. FURTHERMORE, CAR DOES NOT MAKE ANY DEPICTION, ASSURANCE, WARRANTY, AGREEMENT, GUARANTEE, OR INSURANCE TO THE ACCURACY, RELIABILITY, OPPORTUNITY, CONDITION, SUITABILITY, APPROPRIATENESS, OR POSSIBILITY OF THE SERVICES OR GOODS SOLICITED THROUGH CAR, NOR WILL WE BE HELD LIABLE IF THE SERVICES ARE NOT CONSTANT, UNDISTURBED, CONTINUOUS, OR FREE OF ERRORS. CAR ALSO SHALL NOT GIVE ANY ASSURANCES TO THE CONDITION, APPROPRIATENESS, QUALIFICATION, SECURITY, CAPABILITY, OR COMPETENCE OF ANY THIRD PARTY PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRETY OF ANY AND ALL LIABILITIES, HAZARDS, RISKS, AND/OR DANGERS THAT ORIGINATE FROM YOUR USAGE OF THE SERVICES (INCLUDING ANY SERVICES OR GOODS REQUISITIONED IN RELATION WITH CAR), IS ALSO YOUR RESPONSIBILITY ALONE. THIS IS IN ACCORDANCE WITH THE MAXIMUM ALLOWANCE AUTHORIZED UNDER THE APPLICABLE LAWS OF THE COUNTRY OR REGION IN WHICH YOU OPERATE THE CAR SERVICES, CONTENT, OR FUNCTIONS. IF YOU WORK WITH CAR IN A STATE THAT DOES NOT GRANT ANY DISCLAIMERS OF IMPLIED WARRANTIES, THEN THIS DISCLAIMER MAY NOT APPLY TO YOUR USAGE.
All disclaimers made herein are in furtherance of CAR, our branches, affiliates, partners, subsidiaries, parents, and successors; this includes all of our respective officers, directors, employees, agents, users, account holders, and shareholders.
CAR gives no assurances or promises to any specific outcomes pertaining to the use of the CAR TECHNOLOGY, Promotions, or Features, including the capability to guarantee Services at any given location, station, destination, or in any particular time frame.
We do not promise that any problems within the CAR TECHNOLOGY will be fixed, solved, or corrected, nor do we assure that the CAR TECHNOLOGY is free from viruses or any other harmful components or factors. We will not be held liable nor give warranty to the connectivity and/or availability of the CAR TECHNOLOGY or Services at any given time.
There is absolutely no way that CAR can guarantee that each Rider or Driver is who they claim to be. We ask you to therefore please use caution and common sense when using the CAR TECHNOLOGY and Services. This includes carefully looking at the photos of the Driver or Rider that you have been matched with to establish that it is the same individual you see in person before letting them in the car or getting in the car. Please be aware that there are also the risks of dealing with underage people acting under false pretense, and CAR is not responsible nor shall CAR be held liable for any content, communication, or any other use of the CAR TECHNOLOGY by any person under the Age of 23 in infringement of this Agreement. We advise you to communicate directly with each Driver or Rider that you may potentially transport or get transported from before accepting pickup by a CAR Driver.
CAR shall not be held responsible or liable for the conduct of any of its Users, no matter if it’s online or offline when pertaining to the CAR TECHNOLOGY or Services. Users are entirely responsible for all of their communications and interactions with other Users. We are not liable for any personal belongings that are left within a car by the Riders or Drivers and we do not carry insurance for such. By using the CAR TECHNOLOGY and taking advantage of the Services, you acknowledge and accept these risks as your own and also agree that CAR is not liable for the acts or exclusions of Users on the CAR TECHNOLOGY or CAR Services.
You are solely and entirely responsible for all of the use on your User account and CAR will not accept any responsibility or liability whatsoever that arises from any unauthorized use of your User account. If for any reason you believe that any unauthorized person, persons, or party may be accessing your User account or you believe that there is any other breach of security, you acknowledge and agree to contact us immediately.
We will not be held liable for any use of the User’s personal Information divulged on the CAR TECHNOLOGY or in any way through its Services. Please be careful and use caution when you decide what information you using the CAR TECHNOLOGY or through the Services, or give to others. We do not accept any responsibility, no matter the acts, action, breach, or omissions of other Users (along with anything done by any hackers or unauthorized users).
The location data provided by CAR TECHNOLOGY is for basic location functions only and is not meant to be counted upon in those settings where exact location information is essential or in matters where false, inaccurate, flawed, invalid, misguided, or incomplete location data could lead to harm, death, personal injury, property or any environmental damage. CAR nor any of its content providers can warranty the possibility, availability, efficiency, accuracy, certainty, completeness, reliability, correctness, timeliness, or soundness of the location data tracked, followed, or displayed by the CAR TECHNOLOGY. Any and all of your Information, along with geolocational data you upload, give, provide, comment, post, or publish on the CAR TECHNOLOGY may be findable to CAR and to other Users of the CAR Platform, website, or mobile app.
CAR recommends that when using the CAR TECHNOLOGY, you do so with a data plan that has unlimited or else very high data usage limits. CAR is not answerable, responsible, liable, or subject to any fees, costs, or overage charges correlated to any data plan that you choose to use when accessing the CAR TECHNOLOGY whatsoever.
XV. STATE AND LOCAL DISCLOSURES
Certain jurisdictions, states, countries, counties, regions, or areas require further disclosures and/or disclaimers to you. We will continually update any and all disclosures on this page as these laws are added, removed, amended, suspended, changed, or created. We encourage you to check in often for any and all updates.
XVI. INDEMNITY AND INDEMNIFICATION
By using CAR TECHNOLOGY and Services you agree to maintain, defend, preserve, indemnify, and hold CAR as well as any and all of our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, or shareholders innocent and harmless from and against any allegations, claims, petitions, actions, demands, suits, damages, losses, costs, burdens, liabilities, expenses, obligations, and/or blame (as well as any attorneys’ fees and court costs) connected to, arising out, or originating from your use or any third party’s use of the CAR TECHNOLOGY, and taking part in the Services originating from, arising out of, or in connection with and along with:
- any break, divergence, or breach of this Agreement or any of the documents it associates by reference;
- your use of the Services or goods gotten through your usage of said Services;
- your infringement, violation, or breach of any law or any of the rights granted to a third party, which includes the Drivers, Riders, any other motorists, all pedestrians, and Third Party Providers as a consequence of your own actions with said third party;
- any accusation, allegation, charge, or claim about anything that you furnish to us, transmit through the CAR Platform, or send to us that may breach, infringe, or in any way violate the copyright, trademark, trade secret, intellectual property, or any other rights of any third party or third party providers;
- your ownership, use, or operation of a motor vehicle or passenger vehicle, along with your usage of Services as a Driver;
- CAR usage of any of your User content or Information; and/or
- any other actions or activities that are in relation or connection with the Services on the CAR TECHNOLOGY. This indemnity is applicable without any scrutiny to the oversight or negligence of any party, including any and all indemnified persons.
This defense and indemnification responsibility and obligation will endure and survive this Agreement and your use of the CAR TECHNOLOGY. CAR maintains the right to assume, at its express cost, the exclusive defense and the authority and control of any such dispute, claim, or action and all of the negotiations for any settlement or compromise, and you understand, acknowledge, and agree to be fully cooperative with CAR in the defense of any such dispute, claim, action, settlement, compromise, or negotiations, as needed, requested, or desired by CAR. If you are aware of any claims arising from the use of CAR TECHNOLOGY you hereby agree to notify CAR in writing within twenty four (24) hours from the time you become aware of such claim.
XVII. LIMITATION OF LIABILITY
IN NO EVENT WILL CAR, OR ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF CAR’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, OR SHAREHOLDERS (FOR PURPOSES OF THIS SECTION, MUTUALLY CAR), BE OBLIGATED, ACCOUNTABLE, OR LIABLE TO YOU FOR ANY ACCIDENTAL, INCIDENTAL, COINCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, DISCIPLINARY, CONSEQUENTIAL, SUBSTANTIAL, OR INDIRECT DAMAGES (AS WELL AS ANY DAMAGES CORRELATING FROM DELETION, LOST PROFITS, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, PERSONAL INJURY, FAILURE TO STORE INFORMATION, PROPERTY DAMAGE ASSOCIATED WITH, IN CONNECTION WITH, OR OTHERWISE ARISING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT), OR OTHER CONTENT THAT IS MAINTAINED OR TRANSMITTED BY THE CAR TECHNOLOGY, ALSO ANY SERVICE INTERRUPTIONS, OR FOR ANY COSTS OF ATTAINMENT OF ANY OTHER SUBSTITUTE SERVICES) ORIGINATING OUT OF OR IN RELATION WITH THE CAR TECHNOLOGY OR ITS SERVICES, OR THIS AGREEMENT, HOWEVER IT ARISES, ALONG WITH ANY NEGLIGENCE, EVEN IF CAR OR ANY OF OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN MADE AWARE OF THE CHANCE OF DAMAGES. THE CAR TECHNOLOGY IS AVAILABLE TO BE USED BY YOU TO INQUIRE AND/OR SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES PROVIDED BY THIRD PARTIES, BUT YOU ACKNOWLEDGE AND AGREE THAT CAR HAS NO ACCOUNTABILITY, RESPONSIBILITY, OBLIGATION, OR LIABILITY TO YOU IN CORRELATION TO ANY TRANSPORTATION, GOODS, OR OTHER SERVICES GIVEN TO YOU BY SAID THIRD PARTY PROVIDERS OTHER THAN AS EXPLICITLY STATED WITHIN THIS AGREEMENT. CERTAIN STATES, JURISDICTIONS, COUNTRIES, COUNTIES, REGIONS, OR AREAS MAY NOT GRANT THE OMISSION, EXCLUSION, PROHIBITION, OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU BASED ON THE AREA THAT YOU USE CAR TECHNOLOGY, SOME OR ALL OF THE ABOVE OMISSIONS, DISCLAIMERS, PROHIBITIONS, EXCLUSIONS, ACCOUNTABILITY, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE FURTHER RIGHTS. CAR WILL ALSO NOT BE ACCOUNTABLE OR LIABLE FOR ANY DAMAGES OR LOSSES ORIGINATING OUT OF ANY DELAYS OR FROM FAILURE IN PERFORMANCE EMERGING FROM CAUSES THAT ARE BEYOND CAR REASONABLE CONTROL. ANY OTHER WRITTEN OR ORAL STATEMENTS BY CAR, ITS REPRESENTATIVES, OR ANY OTHER DOES NOT CONSTITUTE ANY GUARANTEES OR WARRANTIES OF CAR.
BY USING CAR YOU AGREE AND ACKNOWLEDGE THAT ANY THIRD PARTIES GIVING TRANSPORTATION SERVICES THAT ARE REQUESTED THROUGH SOME AVAILABLE REQUEST PRODUCTS MAY HAVE A RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES OFFER. PLEASE BE AWARE THAT THOSE SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR EVEN PERMITTED.
EVEN THOUGH SERVICES MAY BE USED BY YOU TO ASK FOR AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTIES, YOU ACKNOWLEDGE AND AGREE THAT CAR HAS ABSOLUTELY NO RESPONSIBILITY, ACCOUNTABILITY, LIABILITY, OR OBLIGATION TO YOU IN REGARDS TO ANY TRANSPORTATION, GOODS, OR LOGISTICS SERVICES PROVIDED TO YOU BY THESE THIRD PARTIES OTHER THAN AS EXPLICITLY SET FORTH WITHIN THIS AGREEMENT.
THE LIMITATIONS AND DISCLAIMER PROVIDED WITHIN THIS SECTION DO NOT INTEND TO LIMIT LIABILITY OR TAKE AWAY YOUR RIGHTS AS A CONSUMER WHICH IS NOT PERMITTED UNDER RELEVANT LAWS. SINCE SOME STATES, COUNTIES, COUNTRIES, REGIONS, JURISDICTIONS, AND AREAS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE AREAS OR JURISDICTIONS, CAR LIABILITY WILL BE LIMITED TO THE EXTENT THAT IS PERMITTED BY SUCH LAWS. THIS PROVISION HAS NO EFFECT ON CAR CHOICE OF LAW PROVISION THAT IS SET FORTH BELOW.
XVIII. ADA POLICY
The Americans with Disabilities Act (ADA) is a combination of federal laws that require employers with 15 employees or more to not discriminate against any applicants or individuals who have disabilities. We must also provide reasonable accommodations for any Riders, Drivers, or Users who are either qualified to drive or are qualified to request Services through the CAR TECHNOLOGY. It is the policy of CAR to comply with all federal and state laws pertaining to the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Additionally, it is CAR policy to not discriminate against qualified individuals with disabilities in regard to using the CAR TECHNOLOGY in any way. Beyond any legal obligations, CAR is committed to providing accommodations for all who want to make use of our Services and that will allow its employees and customers with disabilities to contribute to the community at the highest levels.
In the event that an individual with a disability requests a Service and that Service can be reasonably accommodated without generating undue hardship to a Driver or causing a direct threat to others safety, he or she will be given the same available opportunities for requesting Services as any other User. Any Users who present a direct threat to the health, safety, and/or well-being of themselves or others when using the Services will not be allowed to continue their usage.
CAR will reasonably accommodate and give the same opportunities to qualified individuals with disabilities who apply to be Drivers unless doing so causes a direct threat to these individuals or others while using the CAR TECHNOLOGY and if the perceived threat cannot be eliminated by reasonable accommodation or if the accommodation creates an undue hardship to CAR, other Riders, Drivers, or Users. If you have any other questions or concerns about the ADA Policy, please feel free to contact the CAR Help Center.
XIX. TERM AND TERMINATION
This Agreement shall be effective once you have created a User account. At any time, this Agreement may be terminated by Rider or Driver by deleting and ceasing use of CAR TECHNOLOGY. Please note that even though this Agreement has terminated, any and all covenants or provisions of this Agreement that can legally survive termination shall continue in perpetuity or the longest period permitted by the applicable law.
Furthermore, CAR may terminate this Agreement and/or deactivate your Rider or Driver account at any time without advance notice. This right to terminate shall include the following grounds without limitation:
- the fact that you are no longer able to give Services or are no longer able to operate the approved vehicle under the relevant laws, legislations, mandates, regulations, rulings, statutes, acts, codes, decrees, precedents, or by any other governmental requirements of the jurisdiction in the area of which you work in congruence with your local, regional, state, country, county, or areas laws; or
- you fall below the CAR required star rating that is expected of you or the cancellation threshold.
- CAR has the genuine conviction that these actions are completely essential in order to preserve the safety of the CAR community, the public, and/or any third parties.
XX. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
By entering into this Agreement and using CAR TECHNOLOGY, you acknowledge and understand that you are obligated to seek a resolution to any and all allegations that you may have in reference to CAR on an individual basis through mandatory binding arbitration, as explained within this Arbitration Agreement. This will preclude you from being involved in any class, cumulative, collective, shared, mutual, or representative action that you may have against CAR, and will also preclude you from becoming a part of or recuperating any benefits or relief from any ongoing or future class, cumulative, collective, shared, mutual, or representative action that has been brought against CAR by anyone else.
- Agreement to Binding Arbitration between You and CAR.
BOTH YOU AND CAR JOINTLY AGREE TO RELINQUISH ANY AND ALL RESPECTIVE RIGHTS TO THE SETTLEMENT OF ANY DISAGREEMENTS, DISPUTES, CONFLICTS, CLAIMS, CONTROVERSIES, OR CONTENTIONS IN A COURT OF LAW BY A JUDGE, JURY, OR TRIAL BY JURY AND HAVE AGREED TO SETTLE ANY DISPUTE BY ARBITRATION, as described below. This includes any disagreements, disputes, conflicts, claims, controversies, or contentions that emanate out of or are in relation to the terms of this Agreement, or the existence, presence, breach, infringement, termination, obligation, enforcement, perception, interpretation, translation, or any validity thereof, or your access, connection, use, or admittance of the Services at any time, no matter whether the offense took place before or after the date that you agreed to the specific terms of this Agreement, they will be resolved by binding arbitration between you and CAR, and not in a court of law. This agreement to arbitrate any disputes, known as our “Arbitration Agreement” is administered by the Federal Arbitration Act and will endure even after the Agreement terminates or if your Agreement with CAR ends. ANY ARBITRATION THAT HAPPENS UNDER THIS AGREEMENT SHALL HAPPEN ON AN INDIVIDUAL BASIS ONLY; ANY CLASS ARBITRATIONS, WHETHER COLLECTIVE, CUMULATED, CONSOLIDATED, CONJOINED, MUTUAL, REPRESENTATIVE PROCEEDING, SHARED, OR CLASS ACTIONS ARE NOT PERMITTED UNDER THE TERMS THAT HAVE BEEN SET FORTH. Any exclusion to this is strictly announced below and this Arbitration Agreement shall apply to all Claims (as characterized below) between you and CAR, which includes any disputes to our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement shall also apply to any claims between you and the CAR service providers, which includes any background check providers and/or payment processors, and these service providers are considered contracted third party beneficiaries to this Arbitration Agreement.
- Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND CAR BOTH HAVE THE ABILITY TO PRESENT DISPUTES OR CLAIMS IN ARBITRATION AGAINST THE OTHER EXCLUSIVELY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, CUMULATIVE, COLLECTIVE ACTION, SHARED, MUTUAL, OR REPRESENTATIVE (OTHERWISE KNOWN AS A CLASS ACTION WAIVER). YOU ALSO UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT BOTH YOU AND CAR ARE RELINQUISHING THE RIGHT TO SEEK OR HAVE A DISPUTE DETERMINED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CUMULATIVE, COLLECTIVE, SHARED, MUTUAL, OR REPRESENTATIVE PROCEEDING. DESPITE THE PREVIOUSLY DESCRIBED, THIS SUBSECTION (B) WILL NOT APPLY TO ANY REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS THAT ARE BROUGHT AGAINST CAR.
- Rules Governing the Arbitration.
Any arbitration that is handled pursuant to this Arbitration Agreement will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, otherwise known as the AAA Rules, that are in enforcement at the time that the arbitration is entered, as adjusted by the terms that have been set forth in this Agreement. Copies of these rules can be accessed on the AAA’s website at www.adr.org/arb_med (the AAA Rules) or by calling the AAA whose phone number is 1-800-778-7879. If petitioned by you and if accurately based on the facts and precedence of the Claims given notwithstanding the aforementioned, the arbitrator will have the ability to choose a different set of AAA Rules, but in no circumstances will the arbitrator be able to combine more than one person’s Claims, nor will they be able to officiate over any form of class, cumulative, collective, shared, mutual, or representative case.
As part of the arbitration process, both you and CAR have the option for reasonable discovery of non-privileged information that is applicable to the Dispute or Claim. The arbitrator may allocate any individualized decisions that would be applicable in a court decision. The arbitrator will contribute a reasoned written statement of the arbitrator’s determination which will disclose the award given along with the judgements, findings, and outcomes on which the decision has been based upon.
Both of the parties involved acknowledge and agree that the arbitrator, and not any federal, government, state, internal, or local court or agency, will have restricted authority to determine any claims or disputes regarding the analysis, interpretation, explanation, applicability, judgment, enforceability, formation, or appropriateness of this Arbitration Agreement. This includes any claim that all or any part of this Arbitration Agreement is void, invalid, or voidable. The Arbitrator will also have the responsibility for deciding all threshold arbitrability arguments, including those arguments pertaining to whether the Terms of this Agreement are unconscionable, unethical, unjust, illusory, or immoral and any defense to arbitration, including waiver, postponement, delay, deferment, laches, stoppage, or estoppel.
The arbitrator will determine the validity of all disputes and claims in conformity with any pertinent law, and will honor all claims of entitlement or privilege that are recognized by the laws. The arbitrator will not be constrained or bound by any rulings in previously held arbitrations concerning different Riders or Drivers, but is bound by rulings in previously held arbitrations in which the same Rider or Driver was involved to the extent that is enforced by any relevant laws. The arbitrator’s decision and any award given is final and binding and the judgment on the award concluded by the arbitrator may be entered in any court that has jurisdiction thereof, given that any award can be disputed or challenged in a court of able jurisdiction.
Any choice of law or other provision in the terms of this Agreement notwithstanding, both parties agree, concede, accept and acknowledge that this Arbitration Agreement confirms a matter involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will control its understanding, interpretation, translation, application, and enforcement and any proceedings in relation thereto. It is the binding agreement of the Parties that the FAA and AAA Rules will preempt all state laws to the fullest extent that is permissible by law. If the FAA and AAA Rules are not found to cover any claim that may emerge under this Arbitration Agreement or the enforcement thereof, then that claim shall be determined under the laws of the State of Florida.
Whichever Party that decides to begin arbitration has to give the other Party a written Demand for Arbitration as stated in the AAA Rules. (The AAA has a form called Demand for Arbitration - Consumer Arbitration Rules which can be located at www.adr.org or by calling the AAA at 1-800-778-7879). The person that will be chosen as the Arbitrator will either be (a) a retired judge or (b) an attorney that is explicitly licensed to practice law in the State of Florida and will be decided by the parties involved from the roster of consumer dispute arbitrators that is provided by the AAA. In the event that the Parties involved are unable to settle upon an Arbitrator within seven (7) days of deliverance of the Demand for Arbitration, then the AAA will assign the Arbitrator in concurrence with the AAA Rules.
- Arbitration Fees and Awards.
Your responsibility for the payment of any AAA filing, administrative, arbitrator fees will be solely as set forth in the AAA Rules.
- Location, Procedure, and Manner of Arbitration.
Unless an agreement is made between you and CAR otherwise, any arbitration hearings between CAR and a Rider will occur in the place of the county of your billing address, and any arbitration hearings between CAR and a Driver will also occur in the county of which the Driver gives their Services. If AAA arbitration is not available in your county, you agree that the arbitration hearings will occur at the nearest accessible location for an AAA arbitration. If your Claim is for $10,000 or less, CAR acknowledges and agrees that you may decide whether the arbitration will be handled exclusively on the basis of documentation that has been given to the arbitrator, through a telephonic hearing, or by an in-person hearing as decided by the AAA Rules. In the event that your Claim exceeds $10,000, the right to a hearing will be decided by the AAA Rules. The Arbitrator will have the ability to conduct a reasonable exchange of information by the parties, accordant to the facilitated nature of the arbitration, which is also subject to the AAA Rules.
Along with the severability provisions that are described above, if at any time any portion of this Arbitration Agreement is determined to be illegal, unenforceable, or unlawful for any reason under relevant law that is not preempted by the FAA, the offending provision will be severed and the rest of the Arbitration Agreement will continue to have full force and effect. To the extent that any severed claims must therefore continue on a class, cumulative, collective, shared, mutual, or representative basis, these disputes or claims must therefore be litigated in a civil court of able jurisdiction and not in arbitration, and that both parties acknowledge and agree that the litigation of those disputes or claims will be stayed to await the outcome of any individual claims still being decided in arbitration.
- Arbitrator’s Decision
The Arbitrator will disclose an award within the time frame detailed in the official AAA Rules. Any judgment on the arbitration award given may be entered in any court having able jurisdiction to do so. An Arbitrator’s decision is final and binding on all parties concerned. An Arbitrator’s determination and judgment thereon will have no precedential, complementary, or collateral estoppel.
All notices to CAR shall be in writing and served by postage prepaid certified mail, by next day delivery (such as Federal Express), or by facsimile transmission to the addresses shown below, until notification of a change of such addresses. All such notices shall be deemed delivered on the date initiated. CAR shall have the right to change its address for notice hereunder by updating this Agreement
CALL A RIDE, INC., a Florida corporation
Office of General Counsel
Attn: Aubrey O. Dicus, Jr., Esq.; Andrew R. Pardun, Esq. LL.M.
5858 Central Avenue, Suite A
St. Petersburg, Florida 33707
XXII. MODIFICATIONS TO THIS AGREEMENT
CAR maintains the right, at any time, for any reason, and at our express judgement, to change, add to, adjust, delete from, revise, modify, or alter any section, provision, or term of this Agreement. Any and all modifications will become effective instantly upon the posting thereof. We therefore advise you to review the terms of this Agreement on a regular basis in order to keep yourself informed of any changes or modifications as they come.
XXIII. MODIFICATIONS TO CAR TECHNOLOGY
We maintain the right, at any time, for any reason and at our sole discretion, to change, alter, add to, remove, modify, delete, adjust, revise, or discontinue, whether temporarily or permanently, CAR TECHNOLOGY (or any part thereof) with or without any notice to you. You, the User, accept, acknowledge, and agree that CAR will not be accountable, liable, or responsible to you or to any third party for any modification, alteration, suspension, removal, deletion, change, adjustment, or discontinuance of CAR Website, Platform, Mobile app, content, promotions, events, services, and/or functions.
XXIV. MISCELLANEOUS PROVISIONS.
You may not assign this Agreement. CAR may assign this Agreement at any time without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of CAR’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and CAR as a result of this Agreement or use of the Services. No Party to this Agreement will be deemed to be the drafter of this Agreement and the rule of law construing ambiguous terms against the drafter will not be employed against any Party to this Agreement in the interpretation of this Agreement. This Agreement contains the entire understanding of the Parties with respect to the subject matters covered hereby and supersedes all prior agreements, representations, discussions, and understandings concerning the subject matter hereof. The Parties intend that, to the maximum extent legally possible, the invalidity or unenforceability of any provision of this Agreement shall not affect any of the other provisions hereof.