New Customer Registration

Last modified and effective: July 16, 2020

1. Contractual Relationship

These Terms of Use ("Terms") govern your access and use, from within the United States and its territories and possessions, of the applications, websites, content, products, subscriptions and services (the "Services," as more fully defined below in Section 3) made available in the United States and its territories and possessions by Cardinal Fez, Inc. (dba :brand_name) and its affiliates, subsidiaries, parents, successors and assigns, and each of its and their respective officers, directors, employees, agents, and shareholders (collectively, ":brand_name"). References to “you” and “your” shall be deemed to include the members of your household (spouse, parent or child residing in the same home as you) listed on your Account. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND :brand_name_upper.

By and upon creating an Account or accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. :brand_name may immediately terminate these Terms or any Account (as defined below), Subscription (as defined below) or Services with respect to you, or generally cease offering or deny access to your Account, Subscription or the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH :brand_name_upper ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES OR ANY OTHER SERVICES PROVIDED THROUGH :brand_name_upper. IF YOU USE :brand_name_upper OR THE SERVICES IN ANOTHER COUNTRY OR JURISDICTION, YOU AGREE TO BE SUBJECT TO :brand_name_upper'S TERMS OF SERVICE FOR THAT COUNTRY OR JURISDICTION.

Supplemental and/or additional terms and conditions may apply to certain Accounts, Subscriptions and/or Services, such as policies, statements, FAQs or related information for a particular Service, Subscription, event, program, activity or promotion, and such supplemental and/or additional terms and conditions will be disclosed to you in separate region-specific disclosures whether through :brand_url the Applications (as defined below), e-mail, text message or other communication, or in connection with the applicable Service(s). Supplemental and/or additional terms and conditions are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Account, Subscription or Service, as applicable. Supplemental and/or additional terms and conditions shall prevail over these Terms in the event of a conflict with respect to the applicable Account, Subscription or Service.

:brand_name may amend the Terms (and any supplemental and/or additional terms) from time to time. Amendments will be effective thirty (30) days after :brand_name’s posting or communication of such updated Terms at this location, within your Account or the Applications, through e-mail, text message or other communication, or in the relevant policies, statements or supplemental or additional terms. Your continued access or use of the Services after such posting or communication confirms your consent to be bound by the Terms, as amended or supplemented. If you do not agree to, or cannot comply with, the Terms as amended or supplemented, you must stop using the Applications and Services and :brand_name may terminate your Account, Subscription and/or Service.

:brand_name’s collection and use of personal information in connection with the Services is described below and in :brand_name’s Privacy Policy located at https://:brand_url/privacy.

2. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against :brand_name on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against :brand_name, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against :brand_name by someone else.

Agreement to Binding Arbitration Between You and :brand_name.

You and :brand_name agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and :brand_name, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. :brand_name agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.

You acknowledge and agree that you and :brand_name are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and :brand_name otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and :brand_name each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and :brand_name otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and :brand_name submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. :brand_name will not seek, and hereby waives all rights :brand_name may have under applicable law to recover attorneys' fees and expenses if :brand_name prevails in arbitration.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, :brand_name will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.

Notwithstanding the provisions in Section 1 above, regarding consent to be bound by amendments to these Terms, if :brand_name changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing :brand_name written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by first class mail, pre-paid post or hand delivery to Cardinal Fez, Inc., Attn: Secretary, 501 E. Las Olas Blvd., Suite 300, Fort Lauderdale, Florida 33301, or (b) by email from the email address associated with your Account to: concierge@:brand_url. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and :brand_name in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. The Services

The Services comprise mobile applications, websites and similar or related means (the "Applications") through which :brand_name provides a personalized subscription service that allows its users to arrange and schedule the use of an independent personal driver to provide transportation in such user’s own motor vehicle. Unless otherwise agreed by :brand_name in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. You authorize :brand_name to match you with a driver based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by you to request or accept Services is a decision made in your sole discretion. You understand and agree that :brand_name provides a technology platform connecting you with independent personal drivers and that :brand_name itself does not provide transportation, logistics and/or delivery services, has no responsibility or liability for the acts or omissions of any such driver, and will not assess or guarantee the suitability, legality or ability of any driver or his or her actions. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE USE OF THE APPLICATIONS AND SERVICES DOES NOT ESTABLISH :brand_name_upper AS A TAXI, LIMOUSINE OR CHAUFFEUR SERVICE, PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER OR COMMON CARRIER.

License.

Subject to your compliance with these Terms, :brand_name grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications and Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Applications and Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by :brand_name and :brand_name's licensors. :brand_name may revoke and/or terminate the foregoing license with respect to any aspect of the Applications or Services at any time, for any or no reason.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Applications or Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Applications or Services except as expressly permitted by :brand_name; (iii) decompile, reverse engineer or disassemble the Applications or Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Applications or Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Applications or Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Applications or Services; (vi) attempt to gain unauthorized access to or impair or harm any aspect of the Applications or Services, the interests or property of :brand_name or other users of the Applications or Services, or their related systems or networks; (vii) provide your username and password used to access the Applications or Services to any third party; (viii) circumvent any technological measures employed by or on behalf of :brand_name to protect the Applications and Services; or (ix) aid or encourage any third party to engage in any activity that would constitute a breach of these Terms.

ANY USE OF THE APPLICATIONS OR SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

Provision of the Services.

You acknowledge that portions of the Services may be made available under :brand_name’s various current or future brands or request options associated with transportation, including the transportation request brand currently referred to as ":brand_name". You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of :brand_name's subsidiaries and affiliates; or (ii) independent contractors (e.g., drivers).

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that :brand_name does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. :brand_name does not endorse such third party services and content and in no event shall :brand_name be responsible or liable for any products or services of such third party providers. Additionally, certain third party mobile or personal device manufacturers and brands will be third-party beneficiaries to these Terms if you access the Services using Applications developed for their respective operating systems or powered mobile devices. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

Ownership.

The Services and all rights therein are and shall remain :brand_name's property or the property of :brand_name’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner :brand_name's company names, logos, product and service names, trademarks or services marks or those of :brand_name's licensors.

4. Access, Eligibility and Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). The Services may only be used by individuals who have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Services are not available if your Account (or any previous Account) has been temporarily or permanently deactivated, suspended, terminated or cancelled. Except for members of the same household (spouse, parent or child residing in the same home as you) listed on your Account, you may not allow other persons to use your Account, and you agree that you are the sole authorized user of your Account. You may only create one Account, and :brand_name reserves the right to deactivate any additional or duplicate accounts.

To establish and register an Account and/or use the Services, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), a resident of the relevant authorized jurisdiction (currently only the states within the United States of America and its territories), have all applicable rights and authority to enter into these Terms and grant :brand_name the rights granted herein, and have read, understood and agree to be bound by these Terms. Account registration requires you to submit to :brand_name certain personal information, such as your name, address, e-mail address, mobile phone number, age, driver’s license, proof of insurance and vehicle registration and ownership, vehicle details (such as make, model, color, license tag number and VIN number), vehicle inspection reports or representations related to the condition of your vehicle, and related information, as well as Payment Method(s) (as defined below) supported by :brand_name.

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method, driver’s license, vehicle insurance, registration or insurance on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password and to monitor your account to prevent unauthorized use at all times. Should you suspect that any unauthorized party may be using your Account, username or password, you will notify :brand_name immediately. :brand_name will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by :brand_name or a third party arising from someone else using your Account, regardless of whether you have notified :brand_name of such unauthorized use.

Any breach or reasonable grounds to suspect a breach of the foregoing may result in the temporary or permanent deactivation, suspension, termination or cancellation of your Account in :brand_name’s sole discretion.

Promotions, Referrals, and Loyalty Programs.

:brand_name, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to you, any other users or prospective users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with :brand_name. :brand_name reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that :brand_name determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. :brand_name reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.

:brand_name's referral program provides you with incentives to refer your friends and family to become new users of the Applications and Services (the “Referral Program"). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules and regulations, as applicable.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. Other than members of your household (spouse, parent or child residing in the same home as you) listed on your Account, you may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive the Services, unless they are accompanied by you, and you are responsible for any activity that occurs through your Account, on the Application or through the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). In certain instances you may be asked to provide, among other things, proof of identity or other method of identity verification, proof of vehicle insurance, proof of vehicle registration and ownership or proof of vehicle condition, to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide the same or it is insufficient in :brand_name’s sole discretion. Any breach of the foregoing may result in the temporary or permanent deactivation, termination or cancellation of your Account in :brand_name’s sole discretion.

:brand_name reserves the right to refuse to provide the Services to you or to any other person if, in the :brand_name’s or the driver's sole discretion, such Service would be unsafe because: (a) you or such other person is armed, belligerent, violent, verbally or physically threatening or abusive, or intoxicated or under the influence of drugs or other substances; (b) the vehicle is unsafe to drive; or (c) any other facts or circumstances relevant to your, any other person’s or the driver's safety, as determined in driver's sole discretion.

Restricted Activities.

With respect to your use of the Applications and Services, you agree, in addition to the other restrictions set out in this Agreement and any other applicable :brand_name policy or terms, that you will not:

1. stalk, threaten, or otherwise harass any person, or carry any weapons, or otherwise engage in any conduct that harms or would be expected to harm other users, drivers, :brand_name employees or the community;
2. use the Applications or Services for unlawful purposes, sending or storing any unlawful material, or otherwise violate or attempt to violate any law, statute, rule, permit, ordinance or regulation, including any seat belt and open container, substance and contraband laws;
3. engage in inappropriate or unnecessary physical, verbal or other contact or other abusive behavior with the driver, other users or :brand_name employees before, during or after the Services;
4. interfere with or disrupt the Applications or the servers or networks connected to the Applications;
5. post Information or User Content (each as defined below) or interact on the Applications or with the Services in a manner which is defamatory, libelous, hateful, discriminatory, racist, violent, abusive, profane, obscene, pornographic, sexually explicit, illegal, unlawful, or otherwise offensive, as determined by :brand_name in its sole discretion, whether or not the same may be protected by law;
6. use the Applications or Services in any way that is not explicitly authorized by :brand_name or infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Applications, Services or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
8. use another user’s Account, impersonate any person or entity, or forge headers or otherwise manipulate identifiers, including to disguise the origin of any information or content transmitted through the Applications, Services or otherwise;
9. “frame” or “mirror” any part of the Applications, without our prior written authorization from :brand_name or use meta tags or code or other devices containing any reference to :brand_name in order to direct any person to any other web site for any purpose;
10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Applications;
11. rent, lease, lend, sell, redistribute, license or sublicense the Applications or access to any portion of the Applications;
12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Applications or its contents;
13. link directly or indirectly to any other web sites;
14. copy or distribute any part of the Applications or Services or any content displayed through the same for republication;
15. transfer or sell your Account, password and/or identification, or any other Information or User Content (including yours or any other :brand_name user) to any other party, or transfer or re-sell the Services except as expressly permitted herein;
16. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
17. violate any of the Referral Program rules if you participate in the Referral Program, or violate or abuse any promotional or credit program or system;
18. use the Applications or Services to cause nuisance, annoyance or inconvenience, or personal injury or property damage to any other party;
19. use the Applications or Services, or any content accessible through the same, for any commercial purpose, unless :brand_name has given you prior permission to do so in writing; or
20. attempt to undertake any of the foregoing or cause any third party to attempt or engage in any of the foregoing.

Privacy.

In addition to these Terms, :brand_name’s Privacy Policy, located at https://:brand_url/privacy, explains the data :brand_name collects, uses, stores, and processes while you use and access your Account, the Applications and the Services. By using and/or accessing the same, you have read, understood, and agree to the terms of such Privacy Policy, and you agree that :brand_name may use such data in accordance with the terms of the same and these Terms. If you have any questions regarding :brand_name’s Privacy Policy, please contact concierge@:brand_url.

Communications.

You agree to receive communications from :brand_name, its affiliated companies, and independent contractors, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from :brand_name, its affiliated companies, and/or independent contractors, may include but are not limited to: operational communications concerning your Account or use of the Services, use of the Applications, updates concerning new and existing features, updates to the Terms and other policies, terms and statements to which you may be subject, communications concerning promotions run by :brand_name, its affiliated companies, independent contractors, and news concerning :brand_name and industry developments. Standard text messaging charges applied by your mobile device carrier will apply to all text messages.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE APPLICATIONS OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU CAN DO SO BY FOLLOWING THE OPTIONS IN THE CALL OR TEXT FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM :brand_name_upper (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL THE WORD “UNSUBSCRIBE” TO CONCIERGE@:brand_name_upper.COM FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE APPLICATIONS OR RELATED SERVICES, INCLUDING IN AN EMERGENCY. YOU CAN ALSO OTHERWISE CONTACT CONCIERGE@:brand_name_upper.COM FOR FURTHER ASSISTANCE.

For additional information, see the :brand_name Privacy Policy located at https://:brand_url/privacy.

Your Information and User Content.

Your Information is any information you provide, publish or post to or through the Applications (including any profile information you provide) or send to other :brand_name users or independent contractors (including via in-application feedback, any email feature, or through any :brand_name-related social media posting) (your “Information”). You consent to :brand_name using your Information to create an Account that will allow you to use the Applications and Services. :brand_name may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to :brand_name textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). You are solely responsible for your Information, User Content and your interactions with other users, independent contractors and members of the public, and :brand_name acts only as a passive conduit for your Information and User Content. You agree to provide and maintain accurate, current and complete information and that :brand_name and other users, independent contractors and members of the public may rely on your Information and User Content as accurate, current and complete.

Any Information or User Content provided by you remains your property. However, by providing Information or User Content to :brand_name, you grant :brand_name a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Information and User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Applications, Services and :brand_name’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Information or User Content or you have all rights, licenses, consents and releases necessary to grant :brand_name the license to the Information and User Content as set forth above; and (ii) neither the Information or User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor :brand_name's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide Information or User Content that is defamatory, libelous, hateful, discriminatory, racist, violent, abusive, profane, obscene, pornographic, sexually explicit, illegal, unlawful, or otherwise offensive, as determined by :brand_name in its sole discretion, whether or not such material may be protected by law. :brand_name may, but shall not be obligated to, review, monitor, or remove Information and User Content, at :brand_name’s sole discretion and at any time and for any reason, without notice to you.

For further information on :brand_name’s collection and use of Information and User Content, including personal information, in connection with the Applications and Services see its Privacy Policy, located at https://:brand_url/privacy.

User Activity and Behavior.

When you use the Applications and/or Services, :brand_name keeps track of your activity, including the number and types of trips or rides you take, the length of those trips or rides and the destinations you frequent, and how frequently and for how long you use the Applications and Services. :brand_name may also keep track of your interactions with the Applications and Services, which may include the features you use, the advertising in which you see or show interest, and the content you view. :brand_name does this for a variety of reasons, such as to gain an understanding of the types of rides or trips or features you and/or other similar users tend to take, like or dislike, for checking Charges (as defined below), to provide you with relevant and interesting advertising, and to improve the Applications and Services generally. As this data is essential to the function of the Applications and Services, you may not opt out of :brand_name’s collection and use of such data or information. By accessing or otherwise using any portion of the Applications or Services, you hereby consent to the foregoing collection and use of your activity and behavior for the purposes set forth above and also as outlined in the :brand_name Privacy Policy, located at https://:brand_url/privacy.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. :brand_name does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices, or in any particular location or at any particular time. In addition, the Services and Applications may be subject to malfunctions and delays inherent in the use of the Internet, cellular service and electronic communications.

Representations and Warranties.

In addition to the other representations and warranties set forth in these Terms, you represent, warrant, and agree that:

1. You own, or have the legal right to operate and permit other persons to operate, the vehicle you use for the Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind, and the vehicle has no defects or conditions that may cause it to be unsafe to drive; and any and all applicable safety recalls have been remedied per manufacturer instructions.
2. The registration, license tags, and insurance for the vehicle is current and valid.
3. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you (and all other individuals related to the Services, as applicable) for the operation of the vehicle you use for Services.
4. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to operate a motor vehicle in all relevant jurisdictions.
5. No contraband, weapons, substance or other items which are illegal for public transport, consumption or use are concealed or within the vehicle.
6. You will not engage in reckless behavior during the Services, act or drive unsafely, operate or allow the operation of a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle during the Services, provide Services or otherwise drive or interfere with the provision of the Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the :brand_name users, employees, independent contractors or third parties.
7. You will only use the Services using a vehicle that has been reported to and approved by :brand_name, and for which a photograph has been provided to :brand_name and which is registered and listed in your Account, and for each Service will identify such an approved vehicle as the vehicle to be used and only such vehicle may be used for that particular Service; you will not permit more passengers than can securely and properly be seated in such vehicle per the vehicle manufacturer’s guidelines or instructions and as permitted by applicable safety standards and applicable law.
8. You will not, during the Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in these Terms), transact for the Services in cash or through a credit card reader to accept or make payment or engage in any other activity in a manner that is inconsistent with your obligations under these Terms.
9. You will not attempt to defraud :brand_name, its independent contractors, employees, directors, officers or other users. If :brand_name suspects that you have engaged in fraudulent activity it may temporarily or permanently suspend or cease the Services or deactivate your Account and take any other action against you available under law.
10. You agree that we may obtain information about you, including your criminal and other records, and you agree to provide any further necessary authorizations to facilitate our access to such records.

In the event that :brand_name believes or determines that you have breached any of the foregoing, :brand_name reserves the right to suspend and/or permanently deactivate your Account at its sole discretion.

Compliance with Policies.

While accessing and/or using your Account, the Applications, and the Services, you agree that you will comply with all posted policies as :brand_name may update from time to time (whether on its website, through the Applications, your Account or otherwise communicated or provided to you). :brand_name may suspend or stop providing you with access to your Account, the Applications and/or the Services if you fail to comply with its posted policies.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to :brand_name’s business, operations and properties, information about a user or driver made available to you in connection with such user’s or driver’s use of the Applications or Services, which may include their name, personal and vehicle information, locations, contact information and photo (“Confidential Information”) disclosed to you by :brand_name for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store Confidential Information separate and outside of the Applications. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain.

5. Subscriptions and Charges

Subscriptions and Free Trials.

Your :brand_name membership subscription (a “Subscription”) is an automatically renewing subscription requiring recurring payments and will continue until terminated. Except as stated below, to use the Applications and Services, you must, among other things, establish an Account and provide :brand_name with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your Subscription before your billing date, you authorize us to charge the Subscription fee for the next billing cycle to your Payment Method. \ \ :brand_name may offer a number of Subscription plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some Subscriptions may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. Each Subscription has an associated periodic fee (the “Subscription Fee”). You can find specific details regarding your Subscription by visiting :brand_name’s website or by logging into your Account.

By signing up for a Subscription, creating an Account and/or providing a Payment Method, you agree that: (a) you will be charged your first Subscription Fee and any applicable taxes on the date you purchase your Subscription; (b) you authorize :brand_name and its service providers to store your Payment Method for the purpose of executing future auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, :brand_name_upper WILL AUTOMATICALLY CHARGE THE THEN-CURRENT DASHPASS FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT :brand_name_upper HAS ON FILE FOR YOU. For further information on payments, see below under “General”.

Notwithstanding any other provision in these Terms, you may be eligible for a complimentary Subscription when a third party with which you have a relationship registers for a commercial or corporate Subscription. If you have such a complimentary Subscription, your Account will begin and end in accordance with the terms of such Subscription. To receive the Subscription benefits, you must register an Account using information required by the agreement between :brand_name and such third party, and be an authorized user added by the third party. The specific terms and conditions of Subscription will supplement these Terms and are applicable to you, and you acknowledge and agree to be bound by them.

Your :brand_name Subscription may start with a free trial. The duration of the free trial period of your Subscription will be specified during sign-up and is intended to allow new members and certain former members to try the Applications and Services. Free trial eligibility is determined by :brand_name at its sole discretion and it may limit eligibility or duration to prevent free trial abuse. :brand_name reserves the right to revoke the free trial and put your Account on hold in the event that it determines that you are not eligible. Members of households (spouse, parent or child residing in the same home as you) with an existing or recent Subscription are not eligible. We may use information such as device ID, method of payment or an Account email address used with an existing or recent Subscription or Account to determine eligibility. For combinations with other offers, restrictions may apply. :brand_name will charge the Subscription Fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your Subscription prior to the end of the free trial period.

You can cancel your Subscription at any time, and you will continue to have access to the Services through the end of your billing period. Subscription Fees are non-refundable and :brand_name does not provide refunds or credits for any partial periods or unused Services. If you cancel your Subscription, your Account will automatically close and become deactivated at the end of your current billing period. If you signed up for :brand_name using your account with a third party as a Payment Method and wish to cancel your Subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the :brand_name service through that third party. You may also find billing information about your Subscription by visiting your account with the applicable third party.

:brand_name may change its Subscriptions and the Subscription Fees from time to time; however, any price changes or other changes to your Subscriptions will apply no earlier than 30 days following notice to you.

Other Charges.

You understand that in addition to the Subscription Fees, use of the Services may result in charges to you for the services you receive (collectively with the Subscription Fees, "Charges"). :brand_name will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges for fares will be variable based on a base charge, where and if applicable, and incremental charges based on the duration of the Services. Minimum fares may apply. :brand_name uses GPS data where applicable and available, the accuracy and availability of which cannot be guaranteed. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges to the extent you do not pay them directly, including booking fees, service fees, processing or administration fees, tolls and return tolls, parking and event fees, valet charges, airport fees, state or local fees, taxes, “prime time”, holiday, busy or high-demand surcharges, processing fees, fuel costs, towing or other emergency expenses (roadside or otherwise) and any gratuities that you may elect to pay. Such Charges may vary and the amounts may not be guaranteed until deemed final by :brand_name in its sole discretion. Please visit :brand_url/cities-we-service.html for further information on your particular location, as applicable. :brand_name has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request as described on your market’s page. You are responsible for reviewing the applicable market page or price quote within the Applications and shall be responsible for all Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

General.

The Subscription Fee will be charged to your Payment Method on the specific billing date indicated in your Account. The length of your billing cycle will depend on the type of Subscription that you choose when you sign-up. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your Subscription began on a day not contained in a given month.

All Charges and payments will be enabled by :brand_name using the Payment Method designated in your Account. If your primary Account Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that :brand_name may use a secondary Payment Method in your Account, if available. If not available, you authorize :brand_name to charge any Payment Method associated to your Account. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription or Account, :brand_name may suspend your access to the Service until :brand_name has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. You can update your Payment Methods by going to your Account. :brand_name may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize :brand_name to continue to charge the applicable Payment Method(s).

All Charges are facilitated through a third-party payment processor. :brand_name may replace its third-party payment processor without notice to you. Charges shall only be made through the Applications. With the exception of gratuities, cash payments or through card readers are strictly prohibited. Your payment of Charges to :brand_name satisfies your payment obligation for your use of the Applications and Services. :brand_name may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don't recognize a transaction, then check your ride receipts and payment history.

Upon addition of a new payment method or each Service request, :brand_name may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of :brand_name’s authorization exceed the total funds on deposit in your account, you may be subject to overdraft or NSF charges by the bank issuing your debit or prepaid card. :brand_name shall not be responsible for these charges and is unable to assist you in recovering them from your issuing bank.

Charges (including Subscription Fees) paid by you are final and non-refundable, unless otherwise determined by :brand_name in its sole discretion. This no-refund policy shall apply at all times regardless of your decision to cancel your Subscription, terminate a Service or usage of the Applications, any disruption to the Applications or Services, or any other reason whatsoever. You will remain liable for any other fees or Charges, including for usage of the Services, to be paid pursuant to these Terms that have not yet been paid.

As between you and :brand_name, :brand_name reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in :brand_name's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or on holidays or for specific events. You will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. :brand_name may from time to time provide certain users with promotional offers, coupons, credits and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. After completion of the Services, you will have the opportunity to rate your experience and leave additional feedback. :brand_name may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any independent contractors or other third parties.

Promotional Offers, Coupons, Credits and Discounts.

You may receive promotional offers, coupons, credits and discounts that you can apply toward payment of certain Charges upon completion of the Service. Such are only valid for use on the Applications and for the Services, and are not transferable or redeemable for cash except as required by law. Such cannot be combined, and if the cost of the Services exceeds the value of the same, :brand_name will charge your payment method on file for the outstanding cost of the Services. :brand_name may deduct the amount attributable to any Changes (other than the applicable fare) before application of the offer, coupon, credit or discount. Additional restrictions on offers, coupons, credits and discounts may apply as may be communicated to you.

Service Cancellation and No-Show Fees.

You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. You may also be charged if you fail to show up after requesting the Service or if you fail to comply with these Terms, including but not limited to, a failure to provide proof of identity, insurance, motor vehicle registration and ownership, safe operating condition or otherwise. Please check out :brand_name’s FAQ section on its website at :brand_url/faq to learn more about :brand_name’s cancellation and no-show policy, including applicable fees.

Damages and Cleaning.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account.

Emergencies and Other Incidents.

You hereby authorize :brand_name and the applicable driver for the Services to seek emergency or other help in the event of an emergency or other incident, including if you or any individual with you becomes injured or ill during the Services. You hereby authorize :brand_name and the applicable driver for the Services to leave your vehicle locked and parked in a relevant location, such as the hospital or urgent care parking lot, in such an event or incident. Your keys will be retained by :brand_name until such time as your or an immediate family member or other authorized person authorizes their release.

In any such event, you further authorize :brand_name and/or the driver for the Services to attempt to contact, inform and take instruction from any individual listed or associated with your Account, including any individual listed as an emergency contact or any member of your household (spouse, parent or child residing in the same home as you) listed on your Account.

6. Disclaimers; Disclosures; Limitation of Liability; Indemnity.

Disclaimers.

:brand_name does not provide transportation services, and :brand_name is not a transportation carrier. :brand_name is not a common carrier or public carrier. It is up to you and the driver to decide whether or not to request and accept Services. :brand_name cannot ensure that Service will be available or completed and it has no control over the quality or safety of the transportation that occurs as a result of the Services.

The Services are provided "as is" and "as available" during the :brand_name hours and days of operation, and advanced reservations are required for all Services, including a minimum of one (1) hour in advance. For further information regarding hours and days of operations, advance reservations and related information, please see :brand_name’s FAQ section on its website at :brand_url/faq. :brand_name disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, :brand_name makes no representation, warranty, or guarantee regarding the accuracy, completeness, security, reliability, timeliness, quality, suitability, connectivity or availability of the Services or Applications or any services or goods requested through the use of the Services or Applications, or that the Services or Applications will be available, if at all, uninterrupted or error-free, or will meet your requirements, or that any defects in the Applications will be corrected or that the Applications are free of viruses or other harmful components. :brand_name does not guarantee and does not promise any specific results from use of the Applications and/or the Services, including the ability to provide or receive Services at any given location or time, and :brand_name disclaims liability for, and no warranty is made with respect to, the accuracy, completeness, security, reliability, timeliness, quality, suitability, connectivity or availability of the Services or Applications or any services or goods requested through the use of the Services or Applications. :brand_name does not guarantee the quality, suitability, safety or ability of third parties, including independent contractors (e.g., drivers).

:brand_name cannot guarantee that each user or driver is who he or she claims to be. Please use common sense when using the Applications and Services, including looking at the photos of the driver you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and :brand_name does not accept responsibility or liability for any content, communication or other use or access of the Applications by persons either under the age of 18 or otherwise in violation of these Terms. We encourage you to communicate directly with each potential driver prior to engaging in the Service.

:brand_name is not responsible for the conduct, whether online or offline, of any user of the Applications or Services or any independent contractor. You are solely responsible for your interactions with other users and drivers. We do not procure insurance for, nor are we responsible for, your personal property left or kept within your motor vehicle. By using the Applications and participating in the Services, you agree to accept such risks and agree that :brand_name is not responsible for the acts or omissions of users on the Applications or participating in the Services.

You are responsible for the use of your Account and :brand_name expressly disclaims any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to notify :brand_name immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the Applications (including any profile information you provide, Information and User Content), send to other users, or share during the Services, and to use such information improperly or illegally, including to harass or harm you. :brand_name is not responsible for the use of any personal information that you disclose to other users on the Application or through the Services. Please carefully select the type of information that you communicate or post on the Applications or through the Services or release or provide to others. :brand_name disclaims all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning :brand_name or made available through the Applications or Services, but not directly by jeevz, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will :brand_name be responsible for any loss or damage resulting from your reliance on information or other content communicated, disclosed, provided or posted by third parties, whether on the Application, through the Services or otherwise. :brand_name reserves the right, but has no obligation, to monitor the materials posted on the Applications and remove any such material that in its sole opinion violates, or is alleged to violate, the law or the Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

Location data provided by the Applications is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither :brand_name, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Applications. Any of your Information or User Content, including geolocational data, you upload, provide, or post on the Applications may be accessible to :brand_name and certain users of the Applications.

:brand_name advises you to use the Application with a cellular and data plan with unlimited or very high data usage limits, and :brand_name shall not be responsible or liable for any fees, costs, or overage charges associated with any cellular or data plan you use to access the Applications and use the Services.

You are aware that various risks are involved in the Services. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. Despite these and the other risks, you agree to the Service and to personally bear such risks, assuming full responsibility for any harm or damage that may result.

You further agree that the entire risk arising out of or related to your use of the Services and Applications remains solely with you to the maximum extent permitted under applicable law.

Some jurisdictions may not permit the exclusion of certain warranties. To the extent applicable local law specifically and expressly prohibits such exclusions, those such exclusions set forth above may not apply to you.

Disclosures.

Certain jurisdictions may require additional disclosures to you. You can view any disclosures required by your local jurisdiction at :brand_url/cities-we-service.html, as applicable. :brand_name will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check regularly for updates.

LIMITATION OF LIABILITY.

:brand_name_upper SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, DELETION, CORRUPTION, LOST PROGRAMS, LOST CONNECTIVITY, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT, SERVICE INTERRUPTIONS, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE APPLICATION OR SERVICES, OR THE TERMS, HOWEVER ARISING AND REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF :brand_name_upper, EVEN IF :brand_name_upper HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

:brand_name_upper SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) THESE TERMS; (ii) YOUR USE OF OR RELIANCE ON THE APPLICATIONS OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE APPLICATIONS OR SERVICES, INCLUDING DUE TO THE UNAVAILABILITY OF THE SERVICES, OR ANY ACTIVITY, INCIDENT, ACCIDENT, OR OTHER MATTER RELATED TO OR ARISING OUT OF THE SERVICES; OR (iii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY INDEPENDENT CONTRACTOR, EVEN IF :brand_name_upper HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. :brand_name_upper SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND :brand_name_upper'S REASONABLE CONTROL (INCLUDING, LACK OF DRIVER AVAILABILTY, ACCIDENTS, INCLEMENT WEATHER, TRAFFIC CONDITIONS, CONSTRUCTION, MECHANICAL ISSUES OR SIMILAR SITUATIONS). WITHOUT LIMITING THE FOREGOING, IN THE EVENT OF AN ACCIDENT DURING THE SERVICES INVOLVING YOU, THE DRIVER PERFORMING THE SERVICES AND YOUR VEHICLE (AS PROPERLY IDENTIFIED FOR USE FOR THE SERVICE), AND IT IS DETERMINED BY A FINAL, NON-APPEALABLE JUDGMENT THAT THE DRIVER PERFORMING THE SERVICES WAS AT FAULT, :brand_name_upper WILL PAY UP TO $500.00 (FIVE HUNDRED DOLLARS) TOWARDS YOUR INSURANCE DEDUCTIBLE.

THE APPLICATIONS AND SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTIES, INCLUDING INDEPENDENT CONTRACTORS, BUT YOU AGREE THAT :brand_name_upper HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, :brand_name_upper’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON :brand_name_upper’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold :brand_name and its affiliates, subsidiaries, parents, successors and assigns, and its and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Applications, Services or any activities related thereto; (ii) your breach or violation of any of these Terms or any of the documents it incorporates by reference or any other :brand_name terms and conditions, policy or statement applicable to you; (iii) :brand_name's use of your Information or User Content, or any allegation that the your Information or User Content infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iv) your ownership, use or operation of a motor vehicle or passenger vehicle; or (v) your violation of law or the rights of any third party, including independent contractors, other users, drivers, other motorists, and pedestrians. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Acknowledgment.

You fully intend and understand that the limitation of liability and indemnification provisions of these Terms shall bind you, your family, heirs, assigns, or personal representatives. You hereby forever release, acquit and discharge :brand_name from any and all liabilities, claims, demands, actions and causes of action that you may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any Service. The sole recourse available to you shall be the cancellation of the Subscription and your Account.

7. Intellectual Property

All intellectual property rights in the Applications and Services, including with respect to :brand_name_upper and other :brand_name logos, designs, graphics, icons, scripts and service names, registered trademarks, trademarks or trade dress (collectively, the “:brand_name Marks”), shall be owned by :brand_name absolutely and in its entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. If you create any materials (physical or digital) bearing the :brand_name Marks (in violation of these Terms or otherwise), you agree that upon their creation :brand_name exclusively owns all right, title and interest in and to such materials, including any modifications to the :brand_name Marks or derivative works based on the :brand_name Marks or :brand_name copyrights. You further agree to assign any interest or right you may have in such materials to :brand_name, and to provide information and execute any documents as reasonably requested by :brand_name to enable :brand_name to formalize such assignment. All other trademarks, logos, service marks, company or product names set forth in the Applications and Services are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of :brand_name, unless otherwise stated herein as it relates to Information or User Content. :brand_name shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You will report any errors, bugs, unauthorized access methodologies or any breach of :brand_name intellectual property rights that you uncover in your use of the Applications or Services.

:brand_name respects the intellectual property of others, and expects you to do the same. If you believe, in good faith, that any materials on the Applications or through the Services infringe upon your copyrights, please view the :brand_name Copyright Policy at :brand_url/privacy for information on how to make a copyright complaint.

8. Other Provisions

Other Services.

In addition to the Services, the Applications may enable you to receive services (potentially unrelated to the Services) from other third parties (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of such third party. If you choose to purchase Other Services through the Applications, you authorize :brand_name to charge your Payment Method on file according to the pricing terms set by the third party. You agree that :brand_name is not responsible and may not be held liable for the Other Services or the actions or omissions of the third party. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by :brand_name, and :brand_name is not responsible for any Other Services accessed through the Applications.

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in Section 2 above or in supplemental terms applicable to your jurisdiction. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to assert claims under Florida law whether that be by statute, common law, or otherwise. This choice of law provision, and except as otherwise provided in Section 2 of these Terms, is only intended to specify the use of Florida law to interpret these Terms and the forum for disputes arising under these Terms.

Notices.

:brand_name may give notice by means of a general notice posted on its website on in the Applications, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after posting (if posting to the website) or sending (if sent by email, text message, telephone or other electronic means). You may give notice to :brand_name, with such notice deemed given when received by :brand_name, at any time by first class mail or pre-paid post to Cardinal Fez, Inc., Attn: Secretary, 501 E. Las Olas Blvd., Suite 300, Fort Lauderdale, Florida 33301

General.

You may not assign these Terms without :brand_name's prior written approval. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by :brand_name, in our sole discretion by providing notice to you. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, :brand_name or any third party, including any independent contractor, as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law, except as may be otherwise provided in Section 2 above. :brand_name's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by :brand_name in writing. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. These Terms, including any additional or supplemental terms referenced herein, set forth the entire understanding and agreement between you and :brand_name with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. Unless otherwise stated, all provisions contained herein shall survive the termination of these Terms.

If you have any questions regarding these Terms, your Account, the Subscriptions, Applications or Services, please contact :brand_name through the FAQ section of the :brand_name website at :brand_url/faq or at concierge@:brand_url.