legal/terms 2018-11-16T18:46:00+00:00

Terms of Service

 

Welcome to SafeRide America!

The following terms of service describes the terms and conditions by which you may use the SafeRide America (SRA) communication.  By using, accessing or registering for the Service, you agree to be bound by these terms of service. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use, access or register for the service.

SRA provides its services (described below) to you through its website located at www.saferideamerica.org and through its mobile applications and related services, subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).  By registering for any of the services you become a User (“User”) and you agree to be bound by the terms and conditions of this Agreement.  We reserve the right, at our  discretion, to change or modify portions of these Terms of Service at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised, and so you should review this page periodically. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means of such changes.  Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions or capabilities of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be given to you or posted on the Service from time to time, including, without limitation, the Privacy Policy located at the end of this document. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description: The Service is designed to provide a communication platform to connect and match Users of the Service who need to hire and use a personal driver-for-hire for their car.  SafeRide does not provide transportation services, and is not a transportation carrier, vehicle-for hire, taxicab or limousine service. SafeRide provides a driver for hire service and it is up to the driver to decide whether or not to offer a ride to a user or additional passenger(s) contacted through the service, and it is up to the user to decide whether or not to accept a SafeRide service from any driver contacted through the service. Any decision by a user to offer or accept transportation once such user is connected through the service it is a decision made in such user’s sole discretion. SafeRide offers information and a method to connect drivers and users with each other, but does not and does not intend to provide transportation services or act in any manner as a transportation carrier, vehicle for hire, taxicab or limousine and has no responsibility or liability for any transportation services obtained by any user or provided by any driver using the services.

User Acknowledgement of Release Agreement

  1. User of The Service gives permission to SafeRide America, affiliated drivers, and/or volunteers to drive and operate user’s vehicle.
  2. User of The Service agrees to be fully and solely responsible for securing his/her vehicle upon delivery of vehicle to his/her residence, including securing the contents of said vehicle.
  3. User of The Service understands, acknowledges and agrees that SafeRide America, it’s directors, employees, contractors, partners, sponsors, and its volunteers are not responsible for any damage to his/her vehicle or for any lost or missing items from his/her vehicle.  
  4. User of The Service confirms that he/she has insurance coverage compliant with the laws of the state in which service are being rendered on his/her vehicle and agrees to hold SafeRide America, it’s directors, employees, contractors, partners, sponsors and its volunteers harmless for any damage that may be caused to said vehicle.  

Your Registration Obligations: You may be required to register with SafeRide America to access and use certain features of the Service.  If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.  Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to, and may only be used by, individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to children (persons under the age of 18). By registering for the Service, you represent and warrant that you are at least 18 years old and not currently removed or suspended from the Service. 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 and all applicable local, state, national, and international laws, rules and regulations. Your participation in and use of the Service is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your account to any other person or entity. The Service is not available to any Users currently removed or suspended from the Service.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SafeRide America of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. SafeRide will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service:  SafeRide reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including fees charged) with or without notice. You agree that SafeRide will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that SafeRide may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on SafeRide servers on your behalf. You agree that SRA has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that SRA reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SRA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding SRA and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  In the event you change or deactivate your mobile telephone number, you agree to promptly update your SRA account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

User Conduct: You are solely responsible for information, data, text, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Service.  The following are examples of the kind of content and/or use that is illegal or prohibited.  SRA reserves the right to investigate and take appropriate legal action against anyone who, in SRA’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.  You agree to not use the Service to:

  1. email or otherwise upload any content that (i) infringes on any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of SRA, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose SRA or its users to any harm or liability of any type;
  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  3. violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. solicit personal information from anyone under the age of 18;
  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Fees: User agrees to pay any applicable service fee payable to SRA. As a User, You will be required to provide SRA with information regarding your credit card or other payment instrument. You represent and warrant to SRA that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay SRA the fees charged for rides and any other fees described on the SRA website or the Service. If you dispute any charges you must let SRA know within sixty (60) days after the date that SRA invoices you.

Users are subject to cancellation fees if they cancel a ride request after it is placed through the Services. A cancellation fee is $40 or 100% of the estimated fare plus 20% gratuity of the estimated fare if less.

Users will be responsible for any damage, repair or cleaning costs to Driver’s equipment or clothing caused by User.

The Company, in its sole discretion, may make available promotional offers with different features to Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Unless otherwise indicated on the Service, email, or website, we may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. Promotional codes are generally limited to one use per user. We may post additional terms of a promotion on the Service, email, or website.

We reserve the right to change SRA’s prices or the percentage cut we take from drivers . If SRA does change prices or the percentage cut, SRA will provide notice of the change via the Service, on the ride, or via email, at SRA’s option. Your continued use of the Service after the price/percentage cut change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on SRA’s net income.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.  The Service is for your personal use.

Apple-Enabled Software Applications

SafeRide offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms.  With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • SRA and you acknowledge that these Terms of Service are concluded between SRA and you only, and not with Apple, and that as between SRA and Apple, SRA, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be SRA’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • SRA and you acknowledge that SRA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between SRA and Apple, SRA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by SRA, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.  In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.  Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.  The technology and software underlying the Service or distributed in connection therewith is the property of SafeRide America, our affiliates and our partners (the “Software”).  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by SafeRide America.

SafeRide America’s name and logos are trademarks and service marks of SafeRide (collectively the “SafeRide Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SafeRide America. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SafeRide America’s Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of SafeRide America’s Trademarks will inure to our exclusive benefit.

Third Party Material:  Under no circumstances will SRA be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.  You acknowledge that SRA does not have a duty to pre-screen content, but that SRA and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, SRA and its designees will have the right to remove any content that violates these Terms of Service or is deemed by SRA, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. SRA has no control over such sites and resources and SRA is not responsible for and does not endorse such sites and resources.  You further acknowledge and agree that SRA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.   Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that SRA is not liable for any loss or claim that you may have against any such third party.

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and SRA’s use, storage and disclosure of information related to you and your use of such services within SRA (including your friend lists and the like), please see our Privacy Policy at the bottom of this document. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and SRA shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, SRA is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, SRA is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. SRA enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify and hold SRA and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your receipt or providing of driver for hire services through the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.  If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. SRA expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  SRA makes no warranty that (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (V) AS TO THE MANNER, PROFESSIONALISM, SECURITY OR FITNESS OF THE COMMUNITY AND/OR DRIVERS.

The Service is not intended for, and should not be used or relied on in the case of an emergency, while driving or operating vehicles, or in a manner where the failure or inaccuracy of the Service could lead directly to death, personal injury, or severe physical or property damage.

SRA cannot ensure the quality or safety of the transportation that occurs as a result of using the Service; nor do we have any control over the truth or accuracy of the Users’ information listed on the SRA platform. We cannot ensure that a Driver or User will actually complete an arranged service.

Limitation of Liability

You expressly understand and agree that SRA will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if SRA has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SRA’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SRA IN THE LAST SIX (6) MONTHS, OR, IF GREATER THAN ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

Force Majeure

SRA will not be liable for delay, failure, or inadequate performance in it’s services to the extent caused by a condition (for example, weather, traffic conditions, mechanical failure, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance that was beyond SRA’S reasonable control.

Termination

You agree that SRA, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if SRA believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service and may be referred to appropriate law enforcement authorities. SRA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that SRA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SRA will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and SRA will have no liability or responsibility with respect thereto.  SRA reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and SafeRide America and govern your use of the Service, superseding any prior agreements between you and SafeRide America with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and SRA agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Atlanta, Georgia. The failure of SRA to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within thirty (30) days after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of SRA, but SRA may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At SRA, we respect the privacy of our users.  By using the Service, you consent to our collection and use of personal data as outlined therein.