Terms of Use

vRide, Inc. and its Affiliates

Terms of Use

 

IMPORTANT NOTE REGARDING WEBSITE CONTENT AND USE OF THE WEBSITE. 

PLEASE READ THE ENTIRE NOTICE BEFORE USING THIS WEBSITE AS THE TERMS MAY HAVE CHANGED SINCE THE LAST TIME THAT YOU USED THE WEBSITE.

 

Agreement and Terms

These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the person using this website, and vRide, Inc. (collectively with its affiliate entities, “vRide”). If you are helping another person use this website, these Terms constitute a legally binding agreement between both the helper and the person being helped and vRide. Terms such as “we” or “our” and “Company” refer to vRide and its affiliate entities.

By using this website, you agree to the most-recent Terms as well as the most-recent version of our Privacy Policy. We may change these Terms at any time, and such changes will be posted on this or a similar page of this website. It is your responsibility to review these Terms each time you use this website. By continuing to use this website, you consent to any changes to our Terms.

If you enter into any other agreement with vRide, for example a volunteer driver agreement or a volunteer alternate driver agreement, then these Terms are in addition to the terms of such other agreement.

 

License to use this website; Content ownership and termination

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website is owned, controlled or licensed by or to vRide, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms , no part of the website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without vRide’s express prior written consent.

Subject to these Terms, vRide grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the website for the sole purpose of collecting information about vRide’s services and your use or desired use thereof. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein is owned by vRide or its licensors and shall remain with vRide and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the website, granting the foregoing licenses or entering into this agreement.

Some websites operated by vRide include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

You agree that vRide may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the website. You also agree that any violation by you of these Terms  will constitute an unlawful and unfair business practice, and will cause irreparable harm to vRide, for which monetary damages would be inadequate, and you consent to vRide obtaining any injunctive or equitable relief that vRide deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies vRide may have at law or in equity.

In addition, vRide may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and destroy all copies, including electronic copies, of the Content in your possession or control.

 

Restrictions on use of this website

You agree:

                    Not to use this website or Content in any way not explicitly permitted by these Terms or the text of the website itself;

                    Not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use;

                    Not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or enrollment application page;

                    Not to take any action intended to interfere with the operation of this website;

                    Not to access or attempt to access any portion of this website to which you have not been explicitly granted access;

                    Not to share any password assigned to you with any third parties or use any password granted to a third party;

                    Not to directly or indirectly authorize anyone else to take actions prohibited in this section;

                    To comply with all applicable laws and regulations while using this website or the Content. You represent and warrant that you are at least 18 years of age.

 

Accounts, Passwords and Security

Certain features or services offered on or through the website may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify vRide immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by vRide or any other user of or visitor to the website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You must keep your password secret.  You should not use anyone else’s username, password or account unless you have their permission to do so. 

 

Posting messages, comments or Content

The website contains areas where users can communicate with each other, including but not limited to, via email, message boards, bulletin boards, calendar, chat areas, or personal web pages.  Any such Content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any Content:

·                     Which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or

·                     Where the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.

You are solely responsible for the Content of any postings you submit and vRide assumes no responsibility or liability for any Content submitted by you or any other website visitor. We may, but are not obligated to, restrict or remove any and all Content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the Content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of vRide. vRide has the right but no obligation to monitor or review any part of the website including the user communication areas.  However, vRide shall have no liability related to the Content of any communications made in these areas.

Content you submit on this website will be routed through the Internet and could be viewable by others including other users of this website.  You do not, and should not, have any expectation of privacy with regard to any Content you submit.  Never assume that you are anonymous and cannot be identified by your posts.

If you do post Content or submit material, and unless we indicate otherwise, you grant vRide a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant vRide and any of its sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify vRide or its affiliates for all claims resulting from Content you supply.

In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary. You hereby grant vRide a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.

 

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Content or material on this website infringes a copyright owned by you, you (or your agent) may send vRide a notice requesting that the material be removed, or access to it blocked. This request should be sent to: DMCAclaims@vride.com; or, alternatively to: vRide, Inc., Attn: VP of Information Technology, 1220 Rankin Dr, Troy, MI 48083.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.

 

Changes to Website Content

We may change, add or remove some or all of the Content on this website at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this website, such as pricing information, ridesharing, ridematching, ride availability or other Content, may not be accurate or up to date. In addition, please note that the features described in this website may change over time as permitted by law.

 

Links

While visiting this website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the Content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms and privacy policies on such third-party websites.

In addition, vRide is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a vRide website.  Accordingly, you acknowledge and agree that vRide is not responsible for the availability of such external sites or resources, and is not responsible or liable for any Content, services, products, or other materials on or available from those websites or resources.

When you access a non-vRide website, even one that may contain the vRide logo, please understand that it is independent from vRide, and that vRide does not control the Content on that website.  It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

If you would like to link to this website, you must comply with the following guidelines:

·                     Do not incorporate any Content from this website into your site (e.g., by in-lining, framing or creating other browser or border environments around the website Content). You may only link to, not replicate, the website Content;

·                     You may not use any vRide trademarks, logos, designs or service marks in your links;

·                     You may not create the appearance of a relationship or affiliation with vRide; and

·                     Your site may not contain offensive, distasteful, illegal or inappropriate Content.

If you would like to use a web crawler or other search tool to gather information from the website, you must comply with all security measurements on the website.

 

Translations

Certain text in this website may be made available in languages other than English.  Text may be translated by a person or solely by computer software with no human intervention or review.  These translations are provided as a convenience to you, and vRide makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. 

 

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING RIDEMATCHING, RIDESHARING, PRICING, VRIDE SERVICES OR RIDE AVAILABILITY IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

 

LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES,   PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE- RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU   FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT,   SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

Governing law and statute of limitations

The laws of the State of Michigan govern these Terms and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with vRide, or in any way relating to your use of this website, is in the state and federal courts LOCATED IN OAKLAND COUNTY, in the State of Michigan, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving vRide or its employees, officers, directors, agents and providers.

Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the website shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

 

Effective date

The Effective Date of these Terms is July 15, 2013.  All prior versions of the Terms of Use or similar agreement are hereby revoked, rescinded and of no further force and effect.

 

Additional terms

Your obligations under the following sections survive termination of this agreement: Important Note Regarding Agreement and Terms; License to use this website, Content ownership and termination; Restrictions on use of this website; Posting messages, comments or Content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing law and statute of limitations; Additional terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Other than as provided in a separate agreement you enter into with vRide, vRide will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. vRide’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by vRide of any provision or any right it has to enforce these Terms, nor shall any course of conduct between vRide and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.  You agree to defend, indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees and costs, arising out of or related to your breach of this agreement or your use or misuse of the Content or website. You may not transfer or assign any rights or obligations under this agreement. The Company may transfer or assign its rights and obligations under this agreement.

 

© vRide, Inc. 2013.  All rights reserved.

 

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