Terms OF SERVICE

RIDECHEAP TECHNOLOGIES, INC.

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF SERVICE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Please read carefully the following provisions of these Terms of Service (this “Agreement” or “Terms of Service”). This is a legal agreement between you and RideCheap Technologies, Inc., a Delaware corporation (“RideCheap”, “we” or “us) regarding the use of the website located at www.ridecheap.me, all affiliated websites, including mobile websites and applications, owned and operated by us, or our predecessors or successors in interest, all services, applications and products that are accessible through the Site and all our mobile applications that link to or reference this Agreement (collectively, the “RideCheap Service”).

RideCheap Service provides a platform to connect and match users of the RideCheap Service who are looking for a car ride (“Passengers”) with users of the RideCheap Service who are provide rides (“Drivers” and together with Passengers, “Users”).

IMPORTANT DISCLAIMER

RideCheap does not in any sense provide transportation services, and it is not a transportation carrier. It is up to the users to decide whether or not to provide or accept rides from other users. Ridecheap offers information and a method to connect passengers with drivers, but does not provide transportation services or act in any manner as a transportation carrier. RideCheap does not make any warranty, guarantee, or representation as to the competence, quality, or qualifications of any User or that a Driver carries an adequate (or any) insurance policy. RideCheap further does not guarantee that Drivers will be paid for the provision of the Services by Passengers. While RideCheap requires that only licensed Drivers who carry adequate insurance register for an account as Driver, RideCheap does not verify or monitor such matters. RideCheap does not conduct any background checks on the Users. Therefore, you should exercise all due diligence and caution when connecting with other Users to make sure they are a safe and suitable ride partner. You agree and acknowledge that any connection you make with the other Users is and completely at your own risk.

1. ACCEPTANCE OF TERMS OF SERVICE

By using the RideCheap Service you agree to these Terms of Service, the Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any portion of the RideCheap Service, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP ACCESSING OR USING THE RIDECHEAP SERVICE.

By registering for an account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement and any amendments.

2. CHANGE IN THE TERMS OF SERVICE

RideCheap reserves the right at all times to discontinue or modify any part of these Terms of Service as it deems necessary or desirable. We suggest that you revisit our Terms of Service from time to time to ensure that you stay informed of any such changes to the RideCheap Service. We will provide reasonable notice before of any amendment to these Terms of Service that includes a material change to these Terms of Service. Your continued use of the RideCheap Service after we update these Terms of Service will constitute acceptance of the modified Terms of Service. We also reserve the right to change or discontinue any aspect or feature of the RideCheap Service including, but not limited to, requirements for access or use. Any revisions to the Terms of Service will take effect on the noted effective date.

3. OWNERSHIP OF THE RIDECHEAP SERVICE

As between you and us, you own Your Content. We own our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, mobile applications, aggregate user review ratings, and all other elements and components of the RideCheap Service excluding Your Content, User Content and any other Content posted on the RideCheap Service. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the our Content and the RideCheap Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the RideCheap Service are retained by us.

4. USING THE RIDECHEAP SERVICE

A. Eligibility

To access or use the RideCheap Service and to create an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. Any use or access to the RideCheap Service by anyone under 18 is strictly prohibited and in violation of these Terms of Service. If you are under 18, please do not attempt to register for the RideCheap Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18, we will delete that information as quickly as possible. If you are under age 18, you may use the RideCheap Service as a Passenger if you are accompanied by another User that is over the age 18 who is your parent or legal guardian. You may not access or use the RideCheap Service if you are a competitor of RideCheap or if we have previously banned you from the RideCheap Service or closed your Account.

Services Availability.

The RideCheap Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

B. User Accounts

You must create an Account and provide certain information about yourself in order to use the RideCheap Service. You agree to provide true, accurate, and complete information on your Account and all registration and other forms you access through the RideCheap Service or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. In particular, if you are a Driver you shall promptly inform RideCheap of any previous, current, or pending charges against you for violation of the applicable vehicle code or similar statute or law.

We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the RideCheap Service if we learn that any information you provided on any form or posted through the RideCheap Service is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Service, or for any other reason or no reason in our sole discretion. When you create an Account and from time to time thereafter, your Account may (but we are under no obligation to) be subject to verification of your identity; and you authorize RideCheap, directly or through third parties, to make any inquiries necessary to validate the foregoing, subject to applicable law. When requested by us, you must provide us with information about you.

Each User is responsible for maintaining the confidentiality of such User’s Account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your Account. You may never use another User’s Account without permission. We reserve the right to close your Account at any time for any or no reason.

The RideCheap Service is available through Facebook, LinkedIn, and Google services, which requires an active account with the applicable service, and you hereby represent and warrant that you have read and agreed to be bound by all applicable policies governing the use of such service and will act in accordance with those policies, in addition to your obligations under these Terms of Service. If you sign into RideCheap Service through Facebook, LinkedIn, or Google service, you will provide your account credentials with such service to RideCheap, and you are consenting to have the information in that account transmitted into your RideCheap account, and you agree that you shall only use the accounts owned by you, and not by any other person or entity.

C. Special Rules for Drivers
  1. Driver undertakes not to take any risks and not to consume any alcohol, drugs (whether recreational or prescription) which may impair or alter Driver’s ability to drive safely and with due care and attention;
  2. Driver, while driving the car, agrees that Driver will at all times comply in full with all applicable rules and legislation relating to their driving and the vehicle including speed limits, number of people in the vehicle, loading restrictions etc.
  3. Driver shall have a comprehensive insurance to cover third party liability in accordance with applicable law.
  4. Driver must have a valid driver’s license and must be authorized to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which Driver provides rides through RideCheap Service.
  5. Driver owns, or has the legal right to operate, the vehicle which Driver uses to give rides through RideCheap Service, and such vehicle is in good operating condition and meets industry safety standards and all applicable statutory and department of motor vehicle requirements for a vehicle of its kind.
  6. Driver has a valid policy of auto liability insurance in coverage amounts consistent with all applicable legal requirements) for the operation of Driver’s vehicle to cover any anticipated losses related to Driver’s use of the RideCheap Service and provision of rides to Passengers.
  7. Driver will be responsible for any and all liability which results or is alleged as a result of the operation of Driver’s vehicle, including, but not limited to traffic or parking-related fines and tickets, personal injuries, death, and property damages.
D. Relationship between Passengers, Drivers, and RideCheap

RideCheap merely provides a platform for Drivers and Passengers to connect with each other. By signing for and/or using the RideCheap Service, you acknowledge and agree that RideCheap is not a party to any relationship between Users, and that the formation of any relationship between Users will not, under any circumstance, create an employment or other service relationship between RideCheap and any User. You acknowledge and agree that Drivers are not employees, agents, or independent contractors of RideCheap. You acknowledge and agree that RideCheap (i) does not, in any way, supervise, direct, or control Drivers; (ii) does not set Drivers’ fares, (iii) does not provide Drivers with training or any equipment, labor, or materials; and (iv) does not provide the premises at which the Drivers will perform any work.

By using the RideCheap Service to receive and accept requests for rides and by transporting the Passenger, You accept, agree, and acknowledge that a direct legal relationship is created and assumed solely between You and the User. RideCheap shall not be responsible or liable for the actions, omissions, and behavior of the Users or third parties in relation to the RideCheap Service.

E. Payment Terms
  1. Fare Fees. All fees payable by Passenger to Driver for rides are payable directly to Driver, and not to RideCheap. RideCheap does not provide any transportation services and does not charge for transportation services. Drivers and Passengers are free to determine the fee, if any, for the fare and any method of payment.
  2. Taxes. Driver will be solely responsible for determining whether Driver is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the fare fee received and remitting any such taxes or charges to the appropriate authorities.
  3. Responsibility for Your Content. You alone are responsible for any content you publish through Ride Cheap Service (“Your Content”), and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the RideCheap. For purposes of these Terms of Service, the term “Your Content” means any information, messages, images, photos, videos, files, personal or technical data, or any other type of information that you transmit or post through the RideCheap Service, including but not limited on your Business profile.

You agree not to transmit Your 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; (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 deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, 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 Your Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any of Your Content that we believe, in our sole discretion, violates these provisions. For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, 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. You further agree that you will not use the RideCheap Service to collect Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their Content.

We take no responsibility and assume no liability for any of Your Content that you or any other User or third party posts or sends over the RideCheap Service. You shall be solely responsible for Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of any Content posted on the RideCheap Service.

F. Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the RideCheap Service and any Other Media the right to access Your Content in connection with their use of the RideCheap Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against us and our Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

RESTRICTIONS

We are under no obligation to enforce the Terms of Service on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

You agree not to, and will not assist, encourage, or enable others to use the RideCheap Service to:

  1. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  2. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  3. Use the RideCheap Service for commercial purposes, except as expressly permitted by these Terms of Service;
  4. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the RideCheap Service’ search results or any third party website;
  5. Solicit personal information from minors, or submit or transmit pornography; or
  6. Violate any applicable law, including any vehicle code regulations.
  7. Carry or transport any substance, material or object which is illegal, dangerous, or offensive while accepting or giving a ride.

You also agree not to, and will not assist, encourage, or enable others to:

  1. Violate the Terms of Service;
  2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the RideCheap Service or any Content posted on the RideCheap Service (other than Your Content), except as expressly authorized by us;
  3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the RideCheap Service or any Content posted on the RideCheap Service;
  4. Reverse engineer any portion of the RideCheap Service;
  5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the RideCheap Service or on any materials printed or copied from the RideCheap Service;
  6. Record, process, or mine information about other users;
  7. Access, retrieve or index any portion of the RideCheap Service for purposes of constructing or populating a searchable database of Business reviews;
  8. Reformat or frame any portion of the RideCheap Service;
  9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the RideCheap Service;
  10. Attempt to gain unauthorized access to the RideCheap Service, user accounts, computer systems or networks connected to the RideCheap Service through hacking, password mining or any other means;
  11. Use the RideCheap Service or any Content posted on the RideCheap Service to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature (collectively, “Viruses”);
  12. Use any device, software or routine that interferes with the proper working of the RideCheap Service, or otherwise attempt to interfere with the proper working of the RideCheap Service;
  13. Use the RideCheap Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the RideCheap Service or Content posted on the RideCheap Service; or
  14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the RideCheap Service, features that prevent or restrict the use or copying of Content posted on the RideCheap Service, or features that enforce limitations on the use of the RideCheap Service.
  15. Sign up for an Account if you an attorney that has been disciplined or disbarred or are subject to any pending disciplinary action.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF RIDECHEAP, ITS SHAREHOLDERS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND LICENSORS (COLLECTIVELY, THE “RIDECHEAP PARTIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

RIDECHEAP SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE RIDECHEAP SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE RIDECHEAP PARTIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE RIDECHEAP SERVICE, ITS SAFETY OR SECURITY, OR THE RIDECHEAP SERVICE CONTENT. ACCORDINGLY, THE RIDECHEAP PARTIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE RIDECHEAP SERVICE, DRIVERS, OR PASSENGERS. YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT RIDECHEAP, WILL BE RESPONSIBLE FOR PERFORMING THE OBLIGATIONS OF ANY ENGAGEMENT BETWEEN YOU AND THE OTHER USERS; THAT RIDECHEAP IS NOT A PARTY TO SUCH AGREEMENTS, AND THAT RIDECHEAP DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY SUCH AGREEMENTS.

RIDECHEAP PARTIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR ANY RIDECHEAP SERVICE' USERS. ACCORDINGLY, THE RIDECHEAP PARTIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE USERS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE RIDECHEAP SERVICE IS AT YOUR OWN DISCRETION AND RISK.

RIDECHEAP PARTIES SHALL BEAR NO LIABILITY RELATED TO TRANSPORTATION PROVIDED BY DRIVERS TO PASSENGERS. RIDECHEAP WILL HAVE NO RESPONSIBILITY FOR DAMAGES RESULTING FROM ANY INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE SUFFERED BY PASSENGERS OR DRIVERS IN THE EVENT OF AN ACCIDENT OR INCIDENT OR OTHERWISE.

RIDECHEAP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE RIDECHEAP SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE RIDECHEAP PARTIES SHALL CREATE A REPRESENTATION OR WARRANTY.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE RIDECHEAP SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE RIDECHEAP SERVICE.

THE RIDECHEAP PARTIES’ MAXIMUM AGREGGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE RIDECHEAP SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE RIDECHEAP PARTIES ON ACCOUNT OF THE SERVICE FEES IN THE THREE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

THE RIDECHEAP PARTIES DISCLAIM LIABILITY AND SHALL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. IN NO EVENT SHALL RIDECHEAP PARTIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE RIDECHEAP SERVICE OR THE CONTENT POSTED ON THE RIDECHEAP SERVICE, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE RIDECHEAP SERVICE FOR RESERVATIONS), (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY BUSINESS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL END USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING END USERS TO THE RIDECHEAP SERVICE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE RIDECHEAP SERVICEE OR THE CONTENT POSTED ON THE RIDECHEAP SERVICE. RIDECHEAP PARTIES ARE NEITHER AGENTS OF NOR ARE CONNECTED WITH ANY BUSINESS FEATURED ON THE RIDECHEAP SERVICE.

6. INDEMNIFICATION AND RELEASE.

You agree to defend, indemnify and hold harmless RideCheap Parties, 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 RideCheap Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of any of Your Content or any that is submitted via your account; or (vi) any other party’s access and use of the RideCheap Service with your username, password or other appropriate security code.

In addition to the recognition that RideCheap is not a party to any contract between Users, you hereby release RideCheap, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity.

If you are a California resident, you agree to waive California Civil Code 1542, which states: “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.”

7. TERMINATION

You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the RideCheap Service, and providing RideCheap with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.

We may close your Account, suspend your ability to use certain portions of the RideCheap Service, and/or ban you altogether from the RideCheap Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the RideCheap Service, Your Content, or any other related information.

In the event of any termination, whether by you or us, these Terms of Service will continue in full force and effect, including our right to use Your Content.

8. ARBITRATION

Any dispute arising from or relating to the subject matter of these Terms of Service shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under these Terms of Service will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND US ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.

9. END USER LICENSE GRANT

A. RIDECHEAP SERVICE

Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the RideCheap Service for your personal, non-commercial use, except as otherwise permitted by these Terms of Service. RideCheap reserves all rights not expressly granted herein in the RideCheap Service and the RideCheap Content (as defined below). RideCheap may terminate this license at any time for any reason or no reason.

B. MOBILE SOFTWARE

We make available software to access the RideCheap Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile RideCheap Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one RideCheap account on one mobile device owned or leased solely by you, for your personal, non-commercial use, except as provided in these Terms of Service. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

C. MOBILE SOFTWARE FROM APPLE APP STORE

This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. You and us acknowledge that these Terms of Service is concluded between us and you only, and not with Apple Inc. (“Apple”), and as between us and Apple, we, not Apple, is solely responsible for the Software and RideCheap Service and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). 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 “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms of Service, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA and “RideCheap” is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms of Service conflict with the terms of the LAEULA, the terms of these Terms of Service shall control.

D. MOBILE SOFTWARE FROM GOOGLE ANDROID MARKET

This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. RideCheap and you, the end‐user of the Mobile Software and RideCheap Service, acknowledge that these Terms of Service are entered into by and between us and you. We are solely responsible for the Software and RideCheap Service. Should you have downloaded the Software from the Google Android Market located online at http://www.android.com/market/. You acknowledge that you have reviewed the Android Market Terms of Service (located online at http://www.google.com/mobile/android/market‐tos.html) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market‐policies.html). 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 “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

10. YOUR RELATIONSHIP WITH RIDECHEAP.

You expressly acknowledge, agree, and understand that: (a) the RideCheap Service serves as merely a venue where Users may act as Drivers and/or Passengers; (b) RideCheap is not a party to any engagements between Users; (c) you are not an employee or independent contractor of RideCheap, and RideCheap does not, in any way, supervise, direct, or control the Users; (d) RideCheap will not have any liability or obligations under or related to any engagement between Users for any acts or omissions by you or other Users; (e) RideCheap has no control over Users or the Users’ services offered or rendered by the Users; (f) RideCheap makes no representations as to the reliability, capability, or qualifications of any User or the quality, security, or legality of any services offered by Users, and RideCheap disclaims any and all liability relating thereto; and (g) RideCheap makes no representation as to the ability of

11. MISCELLANEOUS

A. USER DISPUTES

We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.

B. ENTIRE AGREEMENT / SEVERABILITY

These Terms of Service, together with any amendments and any additional agreements you may enter into with us in connection with the RideCheap Service, shall constitute the entire agreement between you and us concerning the RideCheap Service. If any provision of thee Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

C. NO WAIVER

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

D. THIRD PARTY BENEFICIARIES AND AGREEMENTS

If you downloaded the Mobile Software from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and RideCheap Service is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or RideCheap Service.

E. ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notice.

F. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES.

The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the RideCheap Service.

G. THIRD PARTY LINKS

The RideCheap Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the RideCheap Service, such as through Facebook Connect or Twitter, you do so at your own risk, and you understand that these Terms of Service and Privacy Policy do not apply to your use of such sites. You expressly release us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers and Businesses found on the RideCheap Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties

H. NOTICES

We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice to your registered email address, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve 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 these Terms of Service.

By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that we would otherwise be required to provide to you in paper form by applicable laws. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us at support@ridecheap.com. If you withdraw your consent to receive such records and notices electronically, we may in our discretion revoke your access to the RideCheap Service, and you will no longer be permitted to use the RideCheap Service. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective. Users are solely responsible for maintaining a current, active email address registered with RideCheap, for checking their email and for responding to notices sent by RideCheap to the User’s registered email address

I. GOVERNING LAW
The laws of State of California, excluding its conflicts-of-law rules, govern this Agreement. To the extent applicable, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the federal or state courts that govern Los Angeles County, California, and you expressly consent (to the extent applicable) to the exercise of personal jurisdiction of such courts in connection with any dispute, including any claim involving us or our affiliates, subsidiaries, contractors, vendors and content providers. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
K. CONTACT US

Should you wish to contact us with any questions, complaints or claims with respect to the RideCheap Service, you should visit our website at www.ridecheap.me or email support@Ridecheap.me.

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