RIDEONTIME.COM TERMS OF SERVICE
This Agreement outlines the rules of conduct regarding our company and you, the user of our services. You agree to be bound by this Agreement. It is a legal document, so please read it carefully. Any use of our site means that you agree to be bound by the terms and conditions of this Agreement. You agree that there is sufficient consideration to bind you to this Agreement. If you do not accept the terms and conditions of this Agreement you may not use our web site, or our product or services. Generally speaking, we are allowing users to schedule taxi, limousine, and courier services. We may add or change any of our services or products at any time without any prior notice to you. Our services may have various fees or costs attached, which we shall provide you with advance notice of. Any failure by you to pay any charged fee or any attempt by you to evade any charged fee is a violation of this Agreement and may subject you to civil or criminal prosecution.
THIS SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY TYPE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR ELETRONIC DATA GIVEN BY US, OUR AFFILIATES, OUR LICENSERS, OUR CONTRACTORS OR OUR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER WE NOR OUR AFFILIATES, OUR LICENSERS, OUR CONTRACTORS OR THEIR OR OUR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY SOFTWARE, DATA, OTHER MATERIAL AVAILABLE TO YOU OUR SERVICE IS FREE OF VIRUSES, SPAMWARE, ADWARE, SCUMWARE, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR ELEMENTS OF ANY NATURE WHATSOEVER.
You may not act to harm our web site in any way.
UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OUR LICENSERS, OUR CONTRACTORS OR THEIR OR OUR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE OUR SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR THE USE OF ELETRONIC DATA, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM OMISSIONS, ERRORS, INTERRUPTIONS, DELETION OF DATA, MISTAKES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURES OF PERFORMANCE, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF AND OR USE OF YOUR ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT WE ARE FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, OUR LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF YOUR SUBSCRIPTION PAYMENT, WHICH WILL BE PRORATED. If you are unhappy with our Service or with any terms, conditions, rules, policies, guidelines or practices that we have in operating our Service, your sole and exclusive remedy is to cease using the Service.
You agree and understand that we will not in any way for any torts or other civil wrongs, or breach of contract, or any legal issues whatsoever that occur between you and any of the service providers who you contact via our site.
You agree that you will abide by any and all applicable laws. You agree to hold harmless and indemnify us for any and all liability arising from a violation of any such statute, regulation or common law committed by either you, any passenger who travels with you, and any service provider who provides you taxi, limousine, or courier service.
This Agreement shall become effective upon your use of our web site, or any of our products or services.
Any use of this web site by you indicates that you have read and understood our privacy policy. We may be required by law to disclose private information pursuant to lawful requests or demands for the same. You agree that we have sole discretion to release information to any lawyer, or governmental requesting party.
You agree to maintain security over your password and user ID and not to allow any third party to use the same.
You may not violate any of our copyrights or intellectual property rights.
Notwithstanding anything to the contrary herein contained, you agree to indemnify and hold us, our affiliates, our licensers, our contractors or their or our individual employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by us, our licensers, our affiliates, our contractors, or their or our respective employees as the result of any and all use of your account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by you, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. You shall promptly notify us in writing of any claim of which it is obligated under this indemnity. You shall have the right to assume the defense of any such claim. You and we shall confer as to and agree on the attorneys to be retained in any such defense.
Age Limitations
You state that you are at least 18 years of age and legally able to sign a binding contract. You understand that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. We are not responsible for any legally indecent, vulgar, illegal, harmful or obscene content that you might come upon during your use of our service.
Prohibited Uses Relating to our Service to You
You may not, under any circumstances:
send unsolicited email, ('spam') to anyone residing on our servers or through our servers, or when logged into our network. Spam usage may result in civil and criminal prosecution. We will assist in such prosecutions by providing any electronic data we have that will support any such prosecutions. Any illegal usage of our service will result in our complete support of all lawful authorities and private counsel who may be prosecuting or bringing any criminal or civil actions against you for your illegal usage of our service.
You may also not restrict or inhibit any other person or company from using and enjoying the our service;
post or transmit any unlawful, threatening, harmful, abusive, libelous, defamatory, obscene, dangerous, pornographic, obscene, or otherwise objectionable content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
post on our webspace provided any sexually explicit materials or materials that may be offensive.
post or transmit any electronic data or software which contains a virus, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, issue or in any way exploit any electronic or digital data, software or other material obtained through our Service for commercial purposes (other than as expressly permitted by the provider of such electronic data, software or other material);
send unsolicited advertising or promotional materials to other network users; run or activate undesirable processes while your are not logged in.
We have the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights there under to any other person or entity without our prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Colorado, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Denver, Colorado, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Rideontime.com also has the right, despite this Arbitration clause, to sue you in your local small claims court or, if we select, the small claims court of Denver, Colorado, for any sum up the statutory limit of said small claims court.
You may not violate the security of any computer network, defeat passwords or security encryption codes or protective devices, transfer or store illegal content including that deemed threatening, or engage in any kind of illegal activity;
We have no obligation to monitor our Service. However, You agree that We have the right to monitor our Service from time to time and to disclose any electronic data as may be necessary to satisfy any law, regulation or other governmental request, to operate our Service properly, or to protect ourselves or our subscribers. We will not intentionally monitor or disclose any private E-mail communications unless required by law or to monitor your usage of our web site. We reserve the right to refuse to post or to remove any electronic data or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, illegal, or in violation of this Agreement. We reserve the right to stop access to our Service regarding your account with us. The account's suspension may be lifted within the sole discretion of us.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF ANY AND ALL SERVICES THAT WE PROVIDE TO YOU.
AGREED
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