Terms and Conditions

1.   DEFINITIONS:
“User”: you or any person, who uses, downloads or accesses the Service or the Application. “Content”: includes any text, graphics, images, music, software (not including the Application), audio, video, information or other materials.
“User Content”: anything that a user posts, uploads, publishes, submits or conveys to be made available through the Service or Application.
“Company Content” any Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content. “Collective Content” means, collectively, Company Content and User Content
FarRide, LLC enables its users to book transportation services via its own online platform by integrating third-party online platforms and applications for mobile devices ("apps"; all methods collectively referred to as "FarRide Tools"). FarRide's service consists of arranging for the transportation of a user by an independent ride service provider (Transportation Service Provider or "TSP"). FarRide arranges this business service for the user but does not provide the actual transportation service.

2.   TERMS AND CONDITIONS:
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you (the “user” or “you”) and FarRide, LLC, a FarRide, LLC (the “Company”, “we”, or “us”). In order to use the service (the “Service (s)”) or the related application (“App”) you must agree to all the terms and conditions that are set out in this Agreement.

By using or receiving any Services supplied to you by the Company, and downloading, installing or using any related App provided by the Company which purpose is to enable you to use the Service, you hereby deliberately acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published through the App. The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Company Website or Application. It is your responsibility to always review this Agreement. Sustained use of the Service or the App after any or such amendments and additions to the Agreement shall constitute your consent to such changes.


THE COMPANY IS NOT A TRANSPORTATION SERVICES OR PROVIDER AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. THE COMPANY ONLY CONNECTS YOU OR ANY USERS VIA THE APP OR THE WEB TO THE THIRD PARTY TRANSPORTATION PROVIDERS, DRIVERS OR VEHICLE OPERATORS WHO ARE WILLING AND ON THEIR OWN DISCRETION TO OFFER TRANSPORTATION SERVICES.
THE COMPANY ONLY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES AND IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. THE SERVICE AND APPLICATION IS NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18).


For this purpose, FarRide concludes the necessary agreements on its own behalf with the TSP that provide the user with a claim for transport against the TSP ("contract for the benefit of third parties", also "transportation contract for the benefit of the user"). On this basis, the user is entitled to request the transportation service and any further claims in respect of that service directly from the TSP.


FarRide and the user only agree to the arrangement of a business service contract and not to the arrangement of the actual transportation services. The claim for compensation by FarRide includes the compensation for arranging business services as well as the compensation distributed to the TSP for the transportation services.

3.   REPRESENTATIONS AND WARRANTIES:
By using the Service or Application, You expressly agree, represent, and warrant to all of the following:
You are at least 18 years old.
You have the right, authority, and capacity to enter into this Agreement. You abide by the terms and conditions of this Agreement.
You read, write and understand English.
You are using the Service or the App for your sole personal use. You do not authorize others to use your user status.
You will keep secure and confidential your username and account password or any identification we provide you which allows access to the Service or the App.
You do not assign or otherwise transfer your user account to any other person or entity.
You comply with all applicable laws from the country, state and city in which you are present while using the Application or Service.
You only access the Service using authorized means.
You are responsible to check and ensure that you download the correct Application for your device.
The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset.
The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
You will not use or store in your user account any Counterfeit credit cards.
You will not use the Service or Application to cause nuisance, annoyance, or inconvenience. You will not impair the proper operation of the network.
You will not try to harm the Service or Application in any way whatsoever.
You will not copy, or distribute the Application or other content without consent from the Company. You will only use the Application and Service for your own use and will not resell it to a third party. You will provide us with whatever proof of identity we may reasonably request. You will only use an access point or 2G and up data account (AP) which you are authorized to use.
You are aware that when requesting transportation services by SMS, standard Messaging and data charges will apply.

3.1.   ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES:
The following applies to any App Store Sourced Application:
You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permifled by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses aflributable to any failure to conform to any warranty will be the sole responsibility of the Company.


You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, sefllement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.


You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.


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 violate the 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 Service or the data contained therein; or (v) aflempt to gain unauthorized access to the Application or Service or its related systems or networks.


Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, 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. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.


4.   SELECTED CONTENT OF THE TRANSPORTATION CONTRACT FOR THE BENEFIT OF THE USER
The user can only request the details for a user's ride request described under Section 4 from the TSP if this has been agreed with FarRide in the business service contract.
The following conditions apply to the claim for transportation of the user to be asserted directly against the TSP and to be procured by FarRide:

4.1   RIDE TYPES, SERVICE CHANGES
Depending on local availability, the user can select ride requests that include transfer rides, long-distance rides (transfer rides starting at 40 miles), rides on demand (“chauffeur hailing”) and hourly bookings.


If the ride actually carried out involves additional expenditure of effort due to the user's or guest's requests that differ from the initially requested ride, the TSP will accommodate these requests to the extent possible. The additional effort may result in additional costs for the individual business service contract. See Section 5 below for details.


Subject to availability, a user may request changes to the ride even after the conclusion of the contract but this may result in additional charges being applied, as described in Section 5.2.


4.1.1
In the case of a transfer, a long-distance ride and rides on demand, the displayed price shall be determined on the basis of a start and a destination address. An additional fee may be incurred if additional stopovers are requested according to the applicable price schedule (see Section 5 below).


4.1.2
An hourly booking always begins at the booked pickup time and ends in the city area of the pickup location. If a user requests that the TSP completes the ride outside the city area of the pickup or if the number of miles or the duration in the relevant booking are exceeded, additional fees may apply, particularly due to the fact that the TSP must thereafter return to the city area of the pickup location.


4.2   PICKUP TIME
The agreed pickup time is the pickup time specified in the FarRide booking confirmation.
In the event of an airport pickup or pickup at a long-distance train station for which the user has provided a correct flight or train number in its booking, thus enabling FarRide to track of the arrival time of the flight or train, the agreed pickup time will be postponed in case the flight or train are late.

4.3   VEHICLE CLASS/VEHICLE MODEL, UPGRADE
Depending on the regional availability of the vehicle, the user can choose from different vehicle classes in its ride request (for example, “Premium Sedan”, ”Premium/SUV”, ”First Class”, “Sprinter Class” or “Electric Class”).
The vehicles shown in the FR Tools are only illustrative examples. There is no right to a particular vehicle model associated with a booked vehicle class. Regional differences are possible.
It is possible for FarRide to upgrade from the vehicle class “Business Class” to a higher vehicle class (such as “Premium/ SUV” or “First Class”) at any time at no additional cost for the user, depending on availability.

4.4   TRANSPORT SAFETY, CONSEQUENCES
4.4.1   LUGGAGE, ANIMALS

The price in the booking confirmation includes the number of pieces of luggage that were specified in the booking form.
Excess luggage, bulky luggage such as a wheelchair, weapons or animals that the user wishes to carry along must be specified during the booking. The TSP may refuse the transport of luggage, weapons and/or animals that have not been agreed upon; this also applies if animals are not housed in a closed and suitable transport box. The right of refusal does not exist if local statutory provisions of the region in which the transport is carried out require that the items be accommodated.
If the TSP permits the carriage of additional luggage, weapons and/or animals that were not stipulated in the booking, additional surcharges may be charged. This may result in the total charges for the business service contract to be higher than initially specified in the booking confirmation (see Section 5 below).

4.4.2   TRANSPORT OF CHILDREN AND MINORS
(A)   CHILDREN The need for child restraints must be specified by the user in the ride request by specifying the number and age of the children to be transported as well as the type of child restraints required.
(B)   MINORS The transport of unaccompanied minors can be rejected by the TSP. The determination of minor status will be made in accordance with the statutory provisions of the region in which the transport is to be performed.

4.4.3   INFORMATION ON NUMBER OF PASSENGERS, NUMBER AND SIZE OF LUGGAGE
The maximum number of passengers, number and size of pieces of luggage will be provided by FarRide for a specific vehicle and is set out in a binding luggage policy.
The TSP may refuse to transport passengers or luggage if, in its opinion, the space and safety conditions do not permit such transport.

4.4.4   IMPEDED TRANSPORT
The TSP may refuse to transport a user if mandatory requirements (for example, resulting from applicable law) pursuant to this Section 4.3 have not been communicated or were not correctly communicated by the user in its ride request.
If transport is not possible for this reason, FarRide shall still be entitled to compensation from the user under the business service contract for that specific transportation.

4.5   DELAYS
Exceptional situations such as striking air traffic controllers, inclement weather conditions, etc. can only be compensated to a limited extent. In these cases, longer waiting times or short-notice cancellations must be accepted by the user.

4.6   CANCELLATIONS, REBOOKINGS AND NO-SHOW RIDES
4.6.1   CANCELLATION

For reservation rides, long-distance rides (transfer rides starting at 40 miles) and hourly bookings, the cancellation is free if the time between the cancellation and the agreed pickup time is greater than two hours. If the time between the cancellation and the agreed pickup time is two hours or less, the full price must be paid. An effective cancellation can only be carried out using the cancellation function on the website or in the app.

4.6.2   REBOOKINGS
Rebookings are generally treated as new bookings. The regulations for the handling of cancellations (Section 4.6.1 above) apply accordingly for the originally agreed ride.
Accordingly, a claim for compensation by FarRide for the originally agreed ride may remain in force.

4.6.3   NO-SHOW RIDES WITHOUT CANCELLATION, USER'S DELAY
In the event that a user does not show up for a ride and does not cancel it (a “no show”), theuser's claim for transport vis-à-vis the TSP shall no longer be applicable; however, FarRide's shall still be entitled to compensation from the user.


(A)   FOR RESERVATION AND LONG-DISTANCE RIDES A ride is considered to be a no-show if the User or guest does not appear within 30 minutes after the agreed pickup time at the agreed pickup location.
In the event of pickup at airports or long-distance train stations, a ride is considered to be a no-show if the User or guest does not appear within 60 minutes after the agreed pickup time at the agreed pickup location.
No-show rides must be fully compensated, but any waiting time surcharges will not be applied. This is not the case if the TSP and the guest have communicated by telephone about a later pickup time. Any waiting time surcharges are applicable, as described under Section


As a general rule, there is no right to change the pickup time.
(B)   HOURLY BOOKING A ride is considered to be a no-show if the User or guest does not appear at the agreed pickup location after the end of the booked hours (calculated from the scheduled pickup time).
In the event of pickup at airports or long-distance train stations, a ride is considered to be a no-show if the user or guest does not appear at the agreed location after the end of the booked hours according to the pickup time.
A user shall be fully liable for no-show rides. This is not the case if the TSP and the guest have communicated by telephone about a later pickup time. The hourly booking always starts as described under Section 4.1.2 at the agreed pickup time. In this respect, any extensions of the hourly booking must be remunerated as described under Section 5.2. As a general rule, there is no right to change the pickup time.

4.7   BEHAVIOR IN THE LIMOUSINE
The following behavioral standards apply to the users of the TSP's transport services: During the entire ride , applicable road traffic rules and regulations apply to all guests,
particularly the obligation to wear a seat belt. The TSP's instructions must always be followed. The TSP bears the responsibility for safely completing the ride. Therefore, the guests are prohibited from opening the doors during the ride, throwing objects out of the vehicle and/or hanging out any part of the body or screaming from the vehicle. If guests wish to use any equipment or systems present in the respective vehicle, prior permission from the TSP is required.
Smoking is prohibited in the passenger compartment of the vehicles. If the user or a guest ignores this, the user must bear the costs of a vehicle cleaning and the resulting loss of serviceability.
The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent.

5.   REMUNERATION AND PAYMENT
5.1   GENERAL PRINCIPLES

The booking confirmation specifies the remuneration claim by FarRide.
Key factors for this amount (including reimbursement of expenses for the ride service provided by FarRide) are: the selected vehicle class, the route, the length of time for advanced booking and the pickup time and (where applicable) pickup location.
Booking special requests, such as multilingual chauffeurs, individual vehicle marking, intermediate stops, bulky luggage, child seats, etc. may have the effect of increasing the price.

5.2   RIDE CHANGES
The user (and also the guest) may also change the ride request after the conclusion of the business service contract and, to the extent possible for the TSP, after the ride is started.
In the event of a user requesting an upgrade of the ride or additional services (distance or number of hours), the actual service (total distance or number of hours) shall be recalculated and charged according to the applicable price schedule. In the case of hourly bookings, any half hour commenced shall be determinative for invoicing; in other words, the half hour is rounded up from the first additional minute in the interest of befler planning reliability.
Accordingly, the compensation claim vis-à-vis the user will increase, as there is a corresponding increase in the reimbursement of FarRide's expenses for the business service contract on behalf of the user.
If the booked distance or number of hours is shortened as compared to the booking, the agreed compensation shall remain unaffected.

5.3   OTHER CHARGES
5.3.1   WAITING TIMES FOR TRANSFER RIDES

In the case of transfer rides, no surcharges will apply for waiting times of up to 60 minutes after the agreed pickup time for pickups at airports or long-distance train stations. In all other cases, no surcharges will apply for waiting times of up to 15 minutes from the agreed pickup time. Each additional minute of waiting time is invoiced as a share of the hourly booking prices applicable in the respective city area and for the respective vehicle class, plus applicable sales tax.


5.3.2   ADDITIONAL MILES FOR HOURLY BOOKINGS
Hourly bookings consist of the inclusive MILES (25 per hour) communicated in the booking form (or by telephone). Additional miles will be separately invoiced and are based on the route prices for the booked vehicle class in the respective city area and will include applicable sales tax.

5.4   PAYMENT MODALITIES AND TRANSACTION FEES
The user can pay for a ride by credit card. Any credit card fees accrued are borne by FarRide. The user bears any transaction fees in the event of a payment by transfer (for example, due to different currencies or locally different accounts). By adding a payment method to your account, you authorize FarRide and our payment service providers to collect and store your payment information. Any payment method you add will be automatically saved to your FarRide account. Your default payment method is listed on your account’s payment information page. You can update your default payment method at any time.
You may add multiple payment methods and you agree that FarRide may charge any of these methods for future transactions or fees. If your default payment method is expired, invalid, or otherwise unable to be charged, you authorize FarRide to charge any other available payment method that is available within your FarRide account.

5.5   WARNING NOTICES, FAILED CREDIT CARD DIRECT DEBITING
For each payment warning notice, FarRide may charge a reasonable reminder fee.
For failed credit card debit authorizations, FarRide shall invoice the user for the expenses incurred for this (bank, credit card institution) and reserves the right to assert a reasonable processing fee per incident.

5.6   TRANSMISSION OF INVOICES, DUE DATE
FarRide shall make the applicable invoice available to the user electronically for download in the User account. If payment is made by credit card, the applicable compensation is due for payment immediately. If payment is made by bank transfer, the payment term referred to in the invoice shall be applicable.

5.7   VOUCHERS
Vouchers are one-off and only redeemable individually and may not be combined with additional vouchers. They cannot be redeemed for cash.


5.8   ON-DEMAND RIDE
In the event that You cancel or withdraw a ride request on the Company Platform more than five (5) minutes after your request is accepted by a driver, You agree to pay a nonrefundable
$10 cancellation fee.

6.   THIRD PARTY INTERACTIONS:
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.


The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Service or Application if you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at hflp://www.farride.com/. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.


7.   DISCLAIMER OF WARRANTIES:
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR 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 SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS 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 THE COMPANY. THE COMPANY 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 SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8.   INTERNET DELAYS:
THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

9.   LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMPANY AND/OR ITS 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). THE COMPANY AND/OR ITS 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 SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE 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 SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY TRANSPORTATION PROVIDERS FOR THE PURPOSES OF PROVIDING TRANSPORTATION. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY TRANSPORTATION PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRANSPORTATION PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. 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 SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.


10.   CONDUCT OF USERS:
By entering into this Agreement or using the Application or the Service you agree that (1) you will not misuse any third party car, use any third party car for any illegal purpose, engage in any illegal activities (such as carrying any kind of drugs of narcotics) in any third party car; and (2) you will comply with the laws of the City and State where you use the App.

11.   INDEMNIFICATION:
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, aflorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including aflorneys’ 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 referred to in this Agreement; (b) your violation of any rights of any third party, including any providers of transportation services, or (c) your use or misuse of the Application

12.   NOTICE:
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by wriflen communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. 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 the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: lefler delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following mailing address: Florida, addressed to the aflention of: Managing Director.

13.   ASSIGNMENT:
This Agreement may not be assigned by you without the prior wriflen approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

14.   GOVERNING LAW:
This Agreement is governed by the laws of the Commonwealth of Florida and the laws of the United States of America as applied in Florida. Any suit, action or proceeding arising out of this Agreement shall be instituted in the federal courts or state courts located in Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

15.   DISPUTE RESOLUTION:
You and Company 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 Service or Application (collectively, “Disputes”) will be seflled 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 COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company 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 www.adr.org/arb_med 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 wriflen Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an aflorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties 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 Company otherwise agree, the arbitration will be conducted in the county where the company chooses. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company 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 aflorneys’ fees and expenses, to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, aflorneys’ 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. However, if your claim for damages does not exceed $10,000 Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).


Changes
Notwithstanding the provisions of the modification-related provisions above, if Company 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 wriflen notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’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 Company 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).

16.   GENERAL:
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service 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 the Company 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 the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether wriflen or oral, between the parties regarding the subject mafler contained herein.