RidePal Rider Terms of Service
Updated as of September 8, 2015.
Welcome to RidePal, an online commuting marketplace provided by iCommute, Inc., a Delaware corporation doing business as RidePal, ("RidePal", "we", or "us"). This Terms of Service agreement ("Agreement") describes the terms and conditions that govern Your use of RidePal's services and serve as a legal contract between RidePal and you "You"), a registered RidePal user. RidePal services include our transportation services, our website (the "Site"), web widgets, mobile device software application (the "Software") or notifications, applications for third-party websites, and services (individually or together, the "Service" or "Services"). Unless explicitly stated otherwise, any new features provided by RidePal that augment or enhance the current Services shall also constitute Services and shall be subject to these terms and conditions. By accessing or using the Services, You become a user of all available Services (a "User"), and You agree that You have read, understood, and agree to comply with and be bound by the terms of this Agreement. The term "User" shall also mean all visitors, other users, and others who access the RidePal Service. We reserve the right to modify this Agreement and any terms or policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Site, provided, however, that no notice shall be required for non-substantive changes to this Agreement. If we substantively amend this Agreement, we will give You at least five (5) days notice before the changes take effect, during which period of time You may reject the changes by terminating Your Account. You are responsible for regularly reviewing these terms. By using this Site, You agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new terms upon logging into the Site shall constitute Your consent to such changes. Please read these terms carefully before participating in the Service. By clicking the 'I Agree' button below, You signify Your consent to this Agreement. If You do not agree to this Agreement, please click on the 'I Decline' button and a rider account (an "Account") will not be created, or if You already have an Account, your Account will be disabled as to the ability to execute purchase transactions, and your RidePal ID, used to board our vehicles, will be disabled. You will still be able to obtain your ridership and purchase history from the Site.
Description of Service and Eligibility
RidePal's Service enables the aggregation of demand for commuting services among multiple subscribing employers ("Subscribing Employer" or "Subscribing Employers") and their employees, as well as individual riders not employed by a Subscribing Employer. Subscribing Employers are provided certain additional benefits by RidePal, such as inclusion in certain pre-tax commuter benefit programs Subscribing Employers may be participating in, the ability to subsidize their employees' cost of using the Services, and ridership reporting of their employees. Our Services are available only to, and may be used only by, individuals who can form legally binding contracts under applicable law. By using the Service, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. This Service is intended solely for people who are eighteen (18) years of age or older, and any registration, use, or access to the Service by anyone under 18 is prohibited and in violation of this Agreement. The Service is not available to You if You have been previously removed from the Service by RidePal, unless RidePal has given You written notice of reinstatement.
Representations and Warranties
You affirm, represent and warrant that, in addition to the other representations and warranties in this Agreement:
A. You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and You are not in current suspension from the Service.B. Any content posted to the Service, including but not limited to feedback, comments, reviews, questions, and other information ("User Content") by You, and any use thereof by us or the Service as contemplated by this Agreement does not and will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights (as defined below), rights of privacy, or rights of publicity. For the purposes of this Agreement, "Intellectual Property Rights" shall mean all patent rights, copyright rights, mask work rights, moral rights, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
C. All Your User Content, as well as the information You provide in Your Account ("Account Information") and any and all other information that You provide to us is and will be truthful and accurate.
License to Use the Service
Service
Subject to the terms and conditions of this Agreement, we hereby grant You a non-exclusive, limited, non-transferable, freely revocable, non-sublicensable license to use the Service for Your personal, non-commercial use, or for Your use through a company-sponsored program of a Subscribing Employer. RidePal reserves all rights not expressly granted herein in the Service and in the RidePal Content (as defined below). For the purposes of this Agreement, "RidePal Content" shall mean the Service and all materials therein or transferred thereby, including, without limitation, the RidePal Site, software, applications, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music. For the avoidance of doubt, Your User Content shall not be considered part of the RidePal Content, and we shall accept no liability nor responsibility for Your User Content. RidePal does not warrant that the RidePal Service will be compatible with Your mobile or computer device or any internet browser.
Restrictions
You may not, nor allow any third party to, (i) modify, disassemble, decompile or reverse engineer the RidePal Software and/or Service; (ii) rent, lease, loan, sell or resell, sublicense, distribute, disclose, lend, transfer or otherwise convey the RidePal Software and/or Service to any third party or use the RidePal Software to provide time-shared commuting services or similar services for any third party; (iii) make any copies of the RidePal Software and/or Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the RidePal Software and/or Service, features that prevent or restrict use or copying of any content accessible through the RidePal Software and/or Service, or features that enforce limitations on use of the RidePal Software and/or Service; or (v) delete the copyright or other proprietary rights notices on the RidePal Software and/or Service.
The RidePal Content and all Intellectual Property Rights, rights of publicity and rights of privacy related thereto, are the exclusive property of RidePal and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or to the Site, Service or RidePal Content, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any RidePal Content, or other materials or content accessible on the Service. Use of RidePal Content or materials constitutive of the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Software Upgrades
You acknowledge that RidePal may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that You are using. You hereby consent to such upgrades, and agree that the terms and conditions of this Agreement will apply to all such upgrades immediately upon implementation.
Rights Reserved
The foregoing license grant is not a sale of the RidePal Software and/or Service or any copy thereof, and RidePal retains all right, title, and interest in the Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. RidePal reserves all rights not expressly granted under this Agreement.
Export Control
The Software originates in the United States, and is subject to United States laws and regulations. You agree to comply with all United States and foreign laws related to use of the RidePal Software and the RidePal Service.
Availability of Service
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. RidePal assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. RidePal is not responsible for any technical malfunction or other problems of any telephone or satellite network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service.Submissions
You may choose to or we may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place RidePal under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission or Ideas, RidePal does not waive any rights to use similar or related ideas previously known to RidePal, or developed by its employees, or obtained from sources other than You.
Rider Accounts
In order to use some of the features of the Service, You will need to register for a RidePal Account. Users with a RidePal Account are referred to in this Agreement as "Members." Your Account gives You access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. Your Account is for Your personal use only. You may not share the ridership privileges of your Account with any other person. You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. You must notify RidePal immediately of any breach of security or unauthorized use of Your Account. You agree that RidePal will not be liable for any losses caused by any unauthorized use of Your Account or any information provided therein.
Account Profile
You may control Your Account profile and how You interact with the Service by changing the options in Your Account page. By providing RidePal Your home and work address, You hereby consent to our using such addresses to plan our routes and pickup and drop-off points. By providing RidePal Your email address, You hereby consent to our using Your email address, in lieu of communication by postal mail, to send You Service-related email, including any notices required by law. By providing RidePal Your cell phone number and by opting into phone-based notifications, You hereby consent to our using Your cell phone number to send You Service-related SMS messages, which may be subject to fees and costs charged by Your cell phone service provider. We may also use Your email address and/or cell phone number to send You other messages, such as changes to features of the Service and special offers. If You do not want to receive such messages, You may opt out or change Your preferences in Your Settings page. Opting out may prevent You from receiving important messages regarding Service or Site updates, route changes, bus delays, capacity information, or offers.
Communication Consent
Consent to receive text messages
By agreeing to these terms and conditions, you consent to receive text messages from RidePal at the phone number you have provided. You may toggle your SMS notifications within the RidePal user profile under notification on both the website and mobile devices. These messages may include updates offer and other relevant information. Standard messaging and data rates may apply.
Opt-Out Right
You have the right to opt out of receiving text messages from us at any time. You can exercise us right by texting "STOP", "CANCEL", or "UNSUBSCRIBE" to [listed number]. Upon receipt of your opt out message, you will receive a final text message confirming your decision to unsubscribe. Further instructions on opting out or also available in our privacy policy.
Fare Rules
Please review the following general fare details prior to purchase:
1. Fares are payable in U.S. dollars unless noted otherwise.
2. All fare purchases and passes will be honored for transportation daily unless otherwise indicated.
3. All unrestricted daily fare purchases are valid for six (6) months from your last transaction with RidePal. A transaction includes a fare purchase or a ride taken.
4. Monthly passes are valid only for the month for which they are issued.
5. Fare rights are non-transferable and, if presented for transportation by any person other than the one for whom originally purchased such fare, will be void and may not be honored by a RidePal agent, RidePal employee, or RidePal bus carrier.
Fees, Billing, Payments, and Refunds
You agree to the fees and charges, terms of sale, payment and billing policies applicable to Your use of the Service as stated in our Rider Terms of Service and the rider fares described on the RidePal website.
If You or your Subscribing Employer, if applicable, fails to pay any charges on or before their due date, You will be in violation of this agreement. RidePal may add new services for additional fees and charges, or amend fees and charges for the Services, at any time in its sole discretion. All fees and charges for Your use of the Service are non-refundable. In our sole discretion, we may require You to make deposits or advance payments for the Service, which we will credit against Your ridership. You are responsible for paying all charges for or resulting from Service provided under this Agreement.
RidePal Rules
You acknowledge and agree that You are solely responsible for Your interactions with other RidePal Users. Furthermore, You acknowledge and agree that You are solely responsible for Your interactions with other people in public and on rides accessed through the RidePal Service. We hereby expressly disclaim any and all responsibility for Your behavior or that of other Users.
We reserve the right, but have no obligation, to monitor disputes between You and other Users. RidePal shall have no liability for Your interactions with other Users, or for any User action or inaction, with respect to Rides or the Service. You hereby agree that if You have a dispute with any User, You release us (and our officers, directors, agents, subsidiaries, business partners, licensors, licensees, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or Your use of the Service. If You are a California resident, You waive California Civil Code §1542, which says: "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."
Prohibited Behaviors
You hereby agree that You will not use the Service in a manner that is prohibited by any applicable law, rule or regulation. You hereby agree that during Your use of the Site or Software, You will not engage, nor allow a third party to engage, in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", or similar methods to access the Service in a manner that sends more request messages to the RidePal servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that RidePal grants the operators of public search engines revocable permission to use spiders to copy materials from RidePal.com for the sole purpose of creating publicly available searchable indices of the materials); (iii) transmitting spam, chain letters, or other unsolicited email via the Service; (iv) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any User personally identifiable information, including user names, or the private information of any entity User through the Service; (viii) using the Service to transmit, distribute, post, or submit any personally identifiable or private information of any User; (ix) using the Service for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (xi) interfering with the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiv) registering for more than one User Account or registering for a User Account on behalf of an individual other than Yourself or an entity You represent. If You violate the terms of this section You shall be subject, in our sole discretion, to immediate termination from the Service. You hereby agree to be courteous and respectful to and of other RidePal riders. You acknowledge and agree that Your behavior on RidePal organized transportation shall be bound by any applicable transportation provider rules and that You will refrain from engaging in any prohibited behaviors. Examples of such prohibited behaviors are shouting, playing loud music or loud phone ringtones. You hereby further agree that You shall not act in ways (i) that are defamatory, abusive, obscene, profane, offensive, threatening, harassing, sexually or racially offensive or illegal; (ii) that risk physical harm or cause emotional distress, death, disability, disfigurement to any other person, or to any animal; (iii) that may create a risk of loss or damage to any person or property; (iv) violate any applicable laws or regulations; or (v) may infringe the rights of any person or entity, including without limitation, their Intellectual Property Rights, rights of privacy, or rights of publicity. You hereby acknowledge that, if You engage in any behaviors prohibited under this section, You shall be subject, in our sole discretion, to immediate termination from the Service. You furthermore agree to execute any agreements as may be reasonably requested by any transportation provider with whom RidePal has contracted to provide You ridership.
User Content
Some areas of the Service may allow Members to post feedback, comments, reviews, questions, and other information. You are solely responsible for Your User Content that You upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and You agree that we are only acting as a passive conduit for Your online distribution and publication of Your User Content. You hereby acknowledge and agree that RidePal does not guarantee any confidentiality with respect to any User Content. You agree not to post User Content that (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we, in our sole discretion, deem to be unlawful, harmful, abusive, sexually, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that You know is not correct and current. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity, and rights of privacy. RidePal reserves the right, but is not obligated, to reject and/or remove any User Content that RidePal believes, in its sole discretion, violates these provisions. Although RidePal provides rules for User conduct and postings, RidePal does not control and is not responsible for what Users post, transmit or share on the site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the site or in connection with the Service. RidePal is not responsible for the conduct, whether online or offline, of any User of the Service. It also is possible for others to obtain personal information about You due to Your use of the Service, and the possibility that the recipient may use such information to harass or injure You. RidePal is not responsible for the use of any personal information that You disclose on the Site or on RidePal-organized transportation through Your use of the Service. You are solely responsible for Your interactions with other users. Please carefully select the type of information that You post through the Service or release to others. RidePal disclaims all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or "hackers").
License Grant to Your User Content
Subject to the terms and conditions of this Agreement including but not limited to the permissions You give us and other Users to access and use Your User Content, You retain all Your ownership rights in Your User Content. You warrant and represent to us that Your Account Information is posted by You and that You are the sole author of User Content. By posting any User Content publicly on the Service, You represent and warrant that You have a right to grant and You furthermore expressly grant to RidePal a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all Your User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with RidePal's business and that of its successors, assignees and affiliates. You also hereby grant each User of the Service a non-exclusive license to access Your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. Unless You otherwise specifically agree, RidePal will only use Your Account Information and Your User Content in accordance with our Privacy Policy.
Online Content Disclaimer
We cannot verify or guarantee the accuracy of the information Users provide us, and we do not control the information provided by other Users that is made available through our Service. We make no attempt to confirm, and do not confirm, any User's purported identity. You are responsible for determining the identity and suitability of others who You may contact by means of this Service. We do not endorse any persons who use or register for our Services. We do not investigate any User's reputation, conduct, morality, criminal background, or verify the information that any User submits via the Service. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors, including for example RidePal's partners, are solely responsible for such content. We reserve the right, but we have no obligation, to monitor the materials and/or User Content posted in the public areas of the Service. Notwithstanding this right, the authors of such materials and/or User Content shall remain solely responsible for it, and RidePal shall bear no responsibility with regard to such materials and/or User Content.
We do not guarantee the accuracy, completeness, or usefulness of any information, including but not limited to User Content, on the Service. Neither do we adopt or endorse, nor are we responsible for the accuracy, reliability, or quality of any opinion, advice, or statement made by parties other than us. RidePal takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts to or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, or otherwise make available or access through Your use of the Service, is solely Your responsibility. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to participants. RidePal is not responsible for any public display or misuse of Your User Content. You hereby understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and You hereby agree that RidePal shall not be liable for any damages You allege to incur as a result of such User Content. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. E-mails or messages sent between You and other Users that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by RidePal. RidePal does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. RidePal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If You access a third party website from the Service, You do so at Your own risk, and You understand that this Agreement and RidePal's Privacy Policy do not apply to Your use of such sites. You expressly relieve RidePal from any and all liability arising from Your use of any third-party website or services or third-party-owned content. Additionally, Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (including but not limited to warranties) are solely between You and such advertisers. You agree that RidePal shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers. We encourage You to be aware of when You leave the Site or Service to visit other websites, and to read the terms and conditions and privacy policy of any third-party website or service that You visit.
Privacy
Your privacy is important to RidePal. RidePal's Privacy Policy is hereby incorporated into these Terms of Service by reference. You hereby acknowledge and agree that you have read and understand the RidePal Privacy Policy. Thus, by agreeing to these Terms of Service, You agree that Your presence on the RidePal Site and mobile application is governed by the applicable RidePal Privacy Policy in effect at the time of Your use. RidePal agrees to treat Your personal information as described in its Privacy Policy.
Term and Termination
This Agreement is effective upon use of the Services, or if this an update to a Member's Agreement, this Agreement is five (5) days from the posting of this Agreement on the Site. You may terminate Your participation in the Service at any time and for any reason by following the Termination instructions on Your Account page, or within 30 days of our receipt of Your written notice of termination delivered by mail or email. Notices of Termination must be delivered to RidePal via email to support@ridepal.com or by mail to: iCommute, Inc. dba RidePal C/O Customer Support Pier 50, San Francisco, CA 94158. Notices of Termination must include Your username, email address, and home address. If we terminate Your participation, we will send You prompt written or email notice pursuant to the Notification Procedures section herein. All terms of this Agreement shall survive the termination of Your participation in the Service and following the termination of Your RidePal Account. Furthermore, we maintain the right, to be exercised in our sole discretion, to bar Your use of the Service in the future, for any or no reason. RidePal may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the Service without advance notice and without liability for no reason or for any reason including if, in RidePal's sole discretion, we determine that You have violated any provision of this Agreement. All aspects of the Service are subject to change or elimination at RidePal's sole discretion. RidePal reserves the right to interrupt the Service with or without prior notice for any reason or for no reason. You agree that RidePal will not be liable to You for any change, elimination, delay, failure to perform, or interruption of the Service.
No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RIDEPAL, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE, WITH RESPECT TO CONNECTIVITY AND AVAILABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIDEPAL, ANY OF OUR PARTNERS, OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIDEPAL, ITS OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, SUPPLIERS, CUSTOMERS, PARTNERS, ITS LICENSEES OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THIS SERVICE, (B) LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, AND/OR (C) MECHANICAL BREAKDOWN, DELAYS, OR ANY DAMAGE, LOSS OR INJURY TO PERSONS OR PROPERTY CAUSED BY RIDEPAL'S TRANSPORTATION PARTNERS' OMISSIONS OR CONDUCT, OR FOR ANY OTHER CAUSES BEYOND RIDEPAL'S CONTROL. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIDEPAL, ITS OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, SUPPLIERS, CUSTOMERS, PARTNERS, ITS LICENSEES OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OF PROGRAMS OR DATA, FOR DELETION OF DATA, CORRUPTION OF DATA, OR DAMAGE OF DATA INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS SCREEN USERS IN ANY WAY. AS A RESULT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIDEPAL, ITS OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, SUPPLIERS, CUSTOMERS, PARTNERS, ITS LICENSEES OR LICENSORS OR PARTNERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS INTRODUCED TO YOU VIA THE SERVICE AND ANY EMOTIONAL DISTRESS AND DISCOMFORT OR PHYSICAL DAMAGES, INCLUDING BODILY INJURY OR DEATH RELATED THERETO. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RIDEPAL OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE CASE THAT SUCH LIMITATION OF LIABLITY IS NOT AVAILABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO $500. THE SERVICE IS CONTROLLED AND OPERATED FROM ITS FACILITIES IN CALIFORNIA. RIDEPAL MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
Security and Safety
We have implemented commercially-reasonable technical and organizational measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information or that of Your entity or enterprise at Your own risk. As part of the registration process, You will select a username and password or grant RidePal access to your profile information in social-network applications such as Facebook or LinkedIn. You are solely responsible for the confidentiality and use of Your username and password. You must log off from Your Account at the end of each session on our Site and notify us immediately of any unauthorized Use of Your username and password or any other breach of security. We have implemented commercially reasonable technical and organizational measures designed to ensure that only professional, reliable, safe partner organizations are providing services to RidePal users. However, we cannot control such organizations' actions, and You hereby acknowledge and agree that we cannot be held liable for the results of such third-party actions.
Insurance
RidePal requires its bus carriers to carry a minimum of ten million dollars ($10,000,000) in auto liability coverage. In the event that a Ride that You participate in results in a claim covered by a RidePal's bus carrier's insurance, RidePal will make reasonable efforts to assist You in submitting a claim. RidePal does not guarantee the results of any claim submitted.
Indemnity
You agree to defend, indemnify and hold harmless RidePal and its subsidiaries, agents, licensors, licensees, managers, employees, contractors, agents, officers and directors, business partners and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service including, but not limited to, any data or content transmitted or received by You or any behavior You engaged in while using the Service; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations, warranties, covenants or obligations herein; (iii) Your violation of any third-party right including, without limitation, any rights of privacy, rights of publicity or Intellectual Property Rights; (iv) Your violation of any law, rule or regulation of any applicable jurisdiction; (v) any claims or damages that may arise as a result of any of Your User Content or any information that is submitted via Your Account; (vi) any other party's access and use of the Service with Your unique username, password or other appropriate security code; or (vii) Your negligence or willful misconduct while using the Service. We agree to promptly notify You of any claim subject to indemnification; provided that our failure to promptly notify You shall not affect Your obligations hereunder except to the extent that our failure to promptly notify You delays or prejudices Your ability to defend the claim. At our option, You will have the right to defend against any such claim with counsel of Your own choosing (subject to our further written consent) and to settle such claim as You deem appropriate, provided that You shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.
General
Governing Law
This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between You and RidePal that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California.
Intellectual Property Disputes
Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any third party's intellectual property and/or proprietary rights. Any dispute hereunder shall be adjudicated in any state or federal court in San Francisco, California, and You consent to exclusive jurisdiction and venue in such courts. You further acknowledge that our Intellectual Property Rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
Attorney's Fees
The prevailing party in any action brought under this Agreement shall be entitled to reasonable attorney's fees and costs.
No Endorsement
You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of Your User Content.
Relationship
Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between You and us (or any of our affiliates).
Actions by Third Parties
If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, You shall be deemed to have taken the action Yourself.
Notification Procedures
RidePal may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, SMS, mobile application notification, hard copy notice, or through conspicuous posting of such notice on our website, as determined by RidePal in our sole discretion. RidePal reserves the right to determine the form and means of providing notifications to our Users, provided that You may opt out of certain means of notification as described in this Agreement. RidePal is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address You provide us.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by RidePal without restriction.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and RidePal's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
No Relationship to RidePal, Inc.
iCommute, Inc., doing business as RidePal, has no legal affiliation and is not a successor-in-interest to RidePal, Inc., a Delaware corporation. iCommute, Inc. purchased the assets of RidePal, Inc., including the RidePal brand and trademark, from the liquidator of RidePal, Inc. in an assignment for the benefit of creditors pursuant to California law. In connection with such purchase, iCommute did not assume the liabilities of RidePal, Inc. and has no obligation to any of the creditors of RidePal, Inc.
Entire Agreement/Severability
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by RidePal via the Service, shall constitute the entire agreement between You and RidePal concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate in programs, initiatives, and services (the "Activity") provided by Bauer's Intelligent Transportation, Inc., a California corporation ("BIT"), convened and connected by Manzanita Works, Inc., a California nonprofit public benefit corporation (the "Company").
In consideration of receiving the intangible value that I will gain by participating in the Activity and in recognition of BIT's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Release").
- I hereby expressly waive and release any and all claims, now known or hereafter known, against BIT, the Company, Community Initiatives, a California nonprofit corporation, and their officers, directors, manager(s), employees, agents, affiliates, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of BIT, the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against BIT, the Company or any other Releasee, and forever release and discharge BIT, the Company and all other Releasees from liability under such claims. I UNDERSTAND THAT THIS RELEASE DISCHARGES BIT AND THE COMPANY FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THEM WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF BIT, THE ORGANIZATION OR OTHERWISE.
- I shall defend, indemnify, and hold harmless BIT, the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by BIT, the Company or any other Releasees in a final judgment, arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of BIT or the Company.
- This Release constitutes the sole and entire agreement of BIT, the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of BIT, the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Alameda County, California and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BIT AND THE COMPANY.
Please contact us at support@ridepal.com with any questions regarding this Agreement.