Description of Services
The Site provides you with access to a variety of resources, including rider (“Rider”) information (“B2R Services”). Your use of the B2R Services are subject to these TOU. The B2R Services constitute a technology platform that enables Riders who use the App to arrange and schedule transportation with you through the App. The Rider proposes amount the Rider is willing to pay (“Bid”) for the transportation for a proposed route. Through the App, you may choose to accept the Rider’s Bid and transport the Rider. B2R collects the Bid as your agent from the Rider, retains a service fee (“Service Fee”) and passes remainder of the Bid to you.
B2R and Driver Relationship
You acknowledge and agree that B2R is a technology services provider that does not provide transportation services. In order to use the B2R Services, you must agree to the terms and conditions that are set forth in this TOU. B2R will issue you an ID to enable you to access and use the App on your device. B2R reserves the right to deactivate your ID if you have not fulfilled a Bid for a Ride using the App within a reasonable period specified by B2R. You agree that you will maintain your ID in confidence and not share your ID with any third party. You will immediately notify B2R of any actual or suspected breach or improper use or disclosure of your ID or the App. When the App is active, Riders’ bids for Rides may appear to you via the App if you are available and in the vicinity of the Rider. If you accept a Rider’s bid for a Ride, the B2R Services will provide you with certain rider and destination Information via the App, including the Rider’s first name and pickup location. In order to enhance Riders satisfaction with the B2RServices and your services, it is recommended that you wait at least ten (10) minutes for a Rider to show up at the requested pick-up location. You acknowledge and agree that once you have accepted a Rider’s request for a Ride, B2R Services may provide certain information about you to the Rider, including your first name, contact information, photo and location, and your Vehicle’s make and license plate number. You shall not contact any Rider or use any Rider’s personal data for any reason other than providing a Ride. As between B2R and you, you acknowledge and agree that you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of giving a Ride, and except for the B2R Services, you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to give the Ride.
Driver and Rider Relationship
You acknowledge and agree that your provision of B2R Services to Riders creates a direct business relationship between you and the Rider. B2R is not responsible or liable for the actions or inactions of a Rider in relation to you, your activities or your Vehicle. You shall have the sole responsibility for any obligations or liabilities to Riders or third parties that arise from your provision of B2R Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws including motor vehicle financial responsibility laws) regarding any acts or omissions of a Rider or third party. You acknowledge and agree that B2R may release your contact and/or insurance information to a Rider upon such Rider’s reasonable request. You acknowledge and agree that, unless specifically consented to by a Rider, you may not transport or allow inside your Vehicle individuals other than a Rider and any individuals authorized by such Rider, during the performance of B2R Services for such Rider. You acknowledge and agree that all Riders should be transported directly to their specified destination, as directed by the applicable Rider, without unauthorized interruption or unauthorized stops.
Except as otherwise expressly provided herein with respect to B2R acting as the limited payment collection agent solely for the purpose of collecting payment from Riders on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that this is not an employment agreement, nor does it create an employment relationship, between B2R and you and no joint venture, partnership, or agency relationship exists between B2R and you. These TOU create a direct business relationship between B2R and you. B2R does not direct or control you generally or in your performance, specifically, including in connection with your provision of B2R Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when, where, and for how long you will utilize the App or the B2R Services. You retain the option, via the App, to attempt to accept or to decline or ignore a Rider’s request for B2R Services via the B2R Services, or to cancel an accepted request for B2R Services via the App, subject to B2R’s then-current cancellation policies. You have no authority to bind B2R and you undertake not to hold yourself out as an employee, agent or authorized representative of B2R. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of B2R, you undertake and agree to indemnify, defend (at B2R’s option) and hold B2R harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
Registration, Password, and Security
The B2R Services requires you to login, and you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration process. You must choose a password and a user ID. You are entirely responsible for maintaining the confidentiality of your password and user ID. Furthermore, you are entirely responsible for any and all activities that occur under your user ID. You must notify us immediately of any unauthorized access or use of your user ID or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or user ID, either with or without your knowledge. In order to use the B2R Services, you must maintain an active account. Account registration requires you to submit to B2R certain personal information, such as your name, address, mobile phone number and age, and payment receipt method. 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, will result in your inability to access and use the B2R Services, and the termination of your account.
You are entitled to the Bid for each instance of completed Ride provided to a Rider that are obtained via the B2R Services. You acknowledge and agree that the Bid is the only payment you will receive in connection with the provision of B2R Services, and that the Bid does not include any gratuity. You are also entitled to charge Rider for any tolls, taxes or fees incurred during the provision of B2R Services, if applicable. You appoint B2R as your limited payment collection agent solely for the purpose of accepting the Bid, applicable tolls and, if requested by you, applicable taxes and fees from the Rider on your behalf via the payment processing functionality facilitated by the B2R Services and you agree that payment made by Rider to B2R shall be considered the same as payment made directly by Rider to you. You shall always have the right to charge a Bid that is less than the pre-arranged Bid. B2R reserves the right to adjust the Bid for a particular instance of B2R Services if you failed to properly end a particular instance of B2R Services, a technical error in the B2R Services, a Rider is charged for B2R Services that were not provided, in the event of a Rider complaint, or B2R’s decision to reduce or cancel the Bid in any reasonable manner. In consideration of B2R’s provision of the App and the B2R Services for your use and benefit hereunder, you agree to pay B2R a Service Fee on a per B2R Services transaction basis calculated as a percentage of the Bid, as provided to you via email or otherwise made available by B2R from time to time. B2R reserves the right to change the B2R Service Fee at any time, and B2R will provide you with notice in the event of such change. Continued use of the B2R Services after any such change in the B2R Service Fee shall constitute your consent to such change.
After receiving B2R Services, a Rider will be prompted by the App to provide a rating and comments of you, and you will be prompted by the App to provide a rating and comments of the Rider, which you will provide in good faith. B2R desires that Riders have access to high-quality services via B2R’s App. In order to continue to receive access to the App and the B2R Services, you must maintain an average rating by Riders that exceeds the minimum average acceptable rating established by B2R. B2R reserve the right to use, share and display your and Rider ratings and comments in any manner in connection with the business of B2R without attribution to you or your approval.
You acknowledge and agree that your geo-location information must be provided to the B2R Services via your mobile device in order to provide B2R Services. You acknowledge and agree that your geo-location information may be obtained by the B2R Services while the App is running and the approximate location of your vehicle will be displayed to the Rider before and during the use of B2R Services to the Rider, and B2R may monitor, track and share with third parties your geo-location information obtained by the App and mobile device for safety and security purposes. Driver’s Qualifications You acknowledge and agree that at all times, you shall have a valid driver's license with the appropriate level of certification to operate your Vehicle, and all licenses, permits, approvals and authority applicable to you that are necessary to provide your Riders Rides. You must possess the appropriate and current level of training, expertise and experience to provide B2R Services in a professional manner with due skill, care and diligence, and maintain high standards of professionalism, service and courtesy. B2R may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide, B2R Services. You acknowledge and agree that B2R reserves the right, at any time in B2R’s sole discretion, to deactivate or otherwise restrict you from accessing or using the App or the B2R Services if you fail to meet the requirements set forth in this TOU.
You acknowledge and agree that your Vehicle shall at all times be properly registered and licensed to operate as a passenger transportation vehicle. Your Vehicle must be owned or leased by you, or otherwise in your lawful possession, and be suitable for performing the passenger transportation services contemplated by this Agreement. Your Vehicle must be maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind, and in a clean and sanitary condition. Upon B2R’s request, you must provide B2R with written copies of all such licenses, permits, approvals, authority, registrations and certifications.
Rights and Restrictions
B2R hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, to use the B2R Services, including the App solely for the purpose of providing the B2R Services to Riders and tracking resulting Bids. All rights not expressly granted to you are reserved by B2R. You shall not, and shall not allow any other party to license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the B2R Services, App, or to modify or make derivative works based upon the B2R Services or App, or to improperly use the B2R Services or App, including creating Internet “links” to any part of the B2R Services, App or Site, “framing” or “mirroring” any part of the B2R Services, App or Site on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the B2R Services, App or Site, or to reverse engineer, decompile, modify, or disassemble the B2R Services, App or Site, except as allowed under applicable law; or to send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the B2R Services, App or Site to design or develop a competitive or substantially similar product or service, to copy or extract any features, functionality, or content thereof, or to launch or cause to be launched on or in connection with the B2R Services, App or Site an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the B2R Services, App or Site, or to attempt to gain unauthorized access to the B2R Services, App or Site or its related systems or networks. The B2R Services, App or Site and B2R data, including all intellectual property rights therein are and shall remain (as between you and B2R) the property of B2R or their respective licensors. Neither this Agreement nor your use of the B2R Services, App or Site or B2R data conveys or grants to you any rights in or related to the B2R Services, App or Site or B2R data, except for the limited license granted above. Other than as specifically permitted by the B2R in connection with the B2R Services, you are not permitted to use or reference in any manner B2R’s logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the B2R marks and names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services. Confidentiality Confidential information shall mean all tangible, oral and visual information that is designated as “proprietary” or “confidential” or by similar words by discloser at the time of disclosure and which if tangible is marked as such in writing and if oral or visual is confirmed as such by discloser in a writing delivered to the receiving party within fifteen (15) days of disclosure, or which the receiving party should have considered to be confidential under the circumstances surrounding disclosure, and shall include information relating to the business of the disclosing party, and shall include, but not be limited to, information encompassed in all computer programs, source code, object code, algorithms, user documentation, B2R data, driver IDs, Rider information, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party. The receiving party agrees to regard and preserve as confidential, all such confidential information, whether or not in writing, other physical or magnetic form, or such information as is contained in the receiving party’s (including its employees and consultants) memory. The receiving party shall not, without written authority from the disclosing party, directly or indirectly, use for the benefit or purpose of, or disclose to, any other person or entity, any confidential information, either during the term of this Agreement or within three (3) years of its disclosure to the receiving party, except where expressly required hereunder. The foregoing obligations shall not apply to any part of confidential information that: (i) the recipient can demonstrate by its written records to have had in its possession prior to disclosure to the recipient by the discloser; (ii) was part of the public knowledge or literature, not as a result of any action or inaction of the recipient; (iii) was subsequently disclosed to the recipient from a source other than the discloser without an obligation of confidentiality to the discloser; (iv) the recipient can demonstrate by its written records to have been independently developed by the recipient without the use, directly or indirectly, of any confidential information; or (v) recipient is required to disclose pursuant to a court order or as otherwise required by law; provided, however, that recipient notifies the discloser within sufficient time to give the discloser a reasonable period to contest such order.
Zero Tolerance Use of Alcohol or Drug Policy
Bid2Ride does not tolerate the use of alcohol or drugs by its Drivers. Bid2Ride will immediate suspend a Driver who has allegedly violated this Zero Tolerance Use of Alcohol or Drug Policy, will conduct an appropriate and timely investigation, and take all necessary action, up to and including termination of the Driver.
Zero Tolerance Discrimination and Discriminatory Conduct Policy
Bid2Ride maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse. It is unacceptable to refuse to provide or accept services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. This type of behavior can result in permanent loss of access to the Bid2Ride Service. Drivers and Riders expect each other to act appropriately and respect boundaries. It is disrespectful to make derogatory remarks about a person or group. Furthermore, commenting on appearance, asking overly personal questions and making unwanted physical contact are all considered inappropriate behaviors. Anyone who solicits or engages in sexual conduct while using the Bid2Ride Service may lose future access to Bid2Ride. Drivers and Riders need to be mindful of other users’ privacy and personal space. Violence of any kind will not be tolerated. Calm and clear communication is the most effective way to defuse any disagreement that may arise between Bid2Ride Users. All riders and drivers expect to be treated with respect and courtesy by one another. The safety of Riders and Drivers using the Bid2Ride Service is of utmost concern. In order to best protect everyone in the vehicle, Bid2Ride requires compliance with all laws. Bid2Ride prohibits human trafficking of any kind, including the commercial sexual exploitation of children, while using our app. Anyone who engages in such activity may lose access to Bid2Ride Services. As a Driver, it is your responsibility to transport riders safely in accordance with the rules of the road in your city. Driving when you're drowsy can cause accidents. So if you ever feel tired, take a break. And remember that according to the experts “sleep is the only true preventative measure against the risks of drowsy driving”. As a Rider, it is your responsibility to abide by the seat belt laws in your state. However, we recommend that you always wear a seatbelt while riding in any vehicle. Bid2Ride expects compliance with all state, federal and local laws governing the transportation of Riders with disabilities. Violation of these laws, including with respect to the use of service animals, constitutes a breach of the parties’ licensing agreement. Service animals must be accommodated in compliance with accessibility laws. Reports of refusing to transport a Rider with a service animal will lead to termination of the Driver’s Bid2Ride account. If you have a medical condition (such an allergies) which prevents you from transporting service animals, you must have that information previous on file with Bid2Ride. Additionally, Drivers will not discriminate against pickup or destination locations. If for any reason a driver has accepted a ride to any destination, especially underserved regions, and driver cancels two times in a row, driver will be suspended for a period of time. Driver cannot refuse any destination based solely on neighborhood or destination. If Driver continues to cancel underserved regions rides, Driver will be banned from Bid2Ride's Platform. We see all regions as vital to our business model and serving all the people all the time is vital to Bid2Ride's processes and business. Finally, if Drivers will exhibit discriminatory conduct in any feedback regarding Riders, Driver will be suspended or banned from platform. Bid2Ride does not tolerate Discrimination and Discriminatory Conduct by its Drivers or Riders. If you believe your Driver has engaged in such conduct in violation of the below policy, please have the driver immediately end the trip. You will NOT be charged your bid. Your driver will report the incident, and you may additionally report your feedback in the App. You can report the incident by visiting www.Bid2Ride.com or emailing info@Bide2Ride.com. Bid2Ride will immediate suspend a Driver who has allegedly violated this Zero Tolerance Discrimination and Discriminatory Conduct Policy, will conduct an appropriate and timely investigation, and take all necessary action, up to and including termination of the Driver. You will be notified of results of the investigation, unless you have chosen to report the incident anonymously.
Fare Dispute Policy
If a Rider believes they were incorrectly charged for their trip, they may report you in the feedback in the App. They may also report the situation by visiting www.Bid2Ride.com or emailing info@Bide2Ride.com. Bid2Ride will conduct an appropriate and timely investigation, and take all necessary action, including refunding part or all of the disputed amount. The Rider will be notified of results of the investigation.
Subject to applicable law, B2R may, but shall not be required to, provide to you, a Rider, an insurance company and/or relevant authorities and/or regulatory agencies any information (including personal information, such as information obtained about you through any background check, and any B2R Data, about you or any B2R Services provided hereunder if there is a complaint, dispute or conflict, including an accident, between you and a Rider, or it is necessary to enforce the terms of this Agreement, or it is required, in B2R’s sole discretion, by applicable law or regulatory requirements, such as if B2R receive a subpoena, warrant, or other legal process for information, or it is necessary, in B2R’s sole discretion, to protect the safety, rights, property or security of B2R, the B2R Services or any third party. or to protect the safety of the public for any reason including the facilitation of insurance claims related to the B2R Services, or to detect, prevent or otherwise address fraud, security or technical issues, or to prevent or stop activity which B2R, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity, or to it is required or necessary, in B2R’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the B2R Services. You understand that B2R may retain your personal data for legal, regulatory, safety and other necessary purposes. B2R may collect your personal data during the course of your application for, and use of, the B2R Services, or may obtain information about you from third parties. Such information may be stored, processed, transferred, and accessed by B2R, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with B2R’s legitimate business needs. You expressly consent to such use of personal data.
You agree to maintain on all Vehicles operated by you automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads. This coverage must also include any no-fault coverage required by law that may not be waived by an insured. You agree to provide B2R a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required upon request. Furthermore, you must provide B2R with written notice of cancellation of any insurance policy required by B2R. B2R shall have no right to control your selection or maintenance of your policy. You must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this Section 8.1 at all times. You agree to maintain workers’ compensation insurance as required by all applicable laws. If permitted by applicable law, you may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but do so at your own risk. You understand and acknowledge that your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for the B2R Services you provide. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not that of B2R, to resolve them with your insurer(s). B2R may maintain insurance related to your provision of B2R Services as determined by B2R in its reasonable discretion, provided that B2R are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle. You are required to promptly notify B2R of any accidents that occur while providing B2R Services and to cooperate and provide all necessary information related thereto.
Disclaimer of Warranties
B2R PROVIDES, AND YOU ACCEPT, THE B2R SERVICES AND APP ON AN "AS IS" AND "AS AVAILABLE" BASIS. B2R DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE B2R SERVICES, APP WILL BE UNINTERRUPTED OR ERROR FREE, OR WILL RESULT IN ANY REQUESTS FOR TRANSPORTATION SERVICES. B2R FUNCTIONS AS AN ON-DEMAND LEAD GENERATION AND RELATED SERVICE ONLY AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE RIDERS WHO MAY REQUEST OR RECEIVE TRANSPORTATION SERVICES FROM YOU, AND B2R DOES NOT SCREEN OR OTHERWISE EVALUATE USERS. BY USING THE B2R SERVICES AND APP, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE B2R SERVICES OR DRIVER APP. NOTWITHSTANDING B2R’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF YOU FOR THE PURPOSE OF ACCEPTING PAYMENT FROM RIDERS ON YOUR BEHALF AS SET FORTH ABOVE, B2R EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY RIDER OR OTHER THIRD PARTY.
No Service Guarantee
B2R DOES NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE B2R SERVICES OR APP. YOU ACKNOWLEDGE AND AGREE THAT THE B2R SERVICES OR APP MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON, SUCH AS DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE. FURTHER, THE B2R SERVICES OR APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND B2R IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
You shall indemnify, defend (at B2R’s option) and hold harmless B2R and its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to your breach of your representations, warranties or obligations under this Agreement, or a claim by a third party (including Riders, regulators and governmental authorities) directly or indirectly related to your provision of B2R Services or use of the B2R Services. This indemnification provision shall not apply to your breach of any representations regarding your status as an independent contractor.
Limitation of Liability
B2R WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND, OR YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU. IN NO EVENT SHALL THE LIABILITY OF B2R EXCEED THE AMOUNT OF SERVICE FEES ACTUALLY PAID TO OR DUE TO B2R IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Either party may terminate without cause at any time. B2R may deactivate your ID immediately, without notice, with respect to you in the event you no longer qualify under applicable law or the standards and policies of B2R to provide B2R Services or to operate the Vehicle, or are not properly insured. Upon termination, you shall immediately delete and fully remove the App from any of your devices. Your outstanding obligations under these TOU survive termination.
You agree that any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof or the use of the B2R Services ("Disputes") will be settled by binding arbitration between you and B2R, except that each party retains 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. You acknowledge and agree that you and B2R are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and B2R otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of these TOU. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section.
These TOU shall be governed by the laws of the State of New York, USA, excluding its conflicts of laws principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TOU or your use of the B2R Services shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
No Unlawful or Prohibited Use
As a condition of your use of the B2R Services, you will not use the B2R Services for any purpose that is unlawful or prohibited by these TOU. You may not use the B2R Services in any manner that could damage, disable, overburden, or impair any B2R server, or the network(s) connected to any B2R server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other user IDs, computer systems or networks connected to any B2R server or to any of the B2R Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the B2R Services.
“Bid2Ride,” the B2R logo and B2R’s product names are trademarks of B2R. References to other companies and their products use trademarks owned by the respective companies and are for reference purpose only.
Removal of Proprietary Notice and other Restrictions
You agree not to remove any proprietary notices from materials you obtain through the B2R Services, including but not limited to, copyright or trademark notices. You may not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the B2R Services except as expressly permitted by B2R; decompile, reverse engineer or disassemble the B2R Services except as may be permitted by applicable law; link to, mirror or frame any portion of the B2R Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the B2R Services or unduly burdening or hindering the operation and/or functionality of any aspect of the B2R Services; or attempt to gain unauthorized access to or impair any aspect of the B2R Services or its related systems or networks.
B2R makes no representation that any materials or Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Riders who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The B2R Services may include interactive services such as discussion forums, bulletin boards, news groups, communities, calendars and/or other message or communication facilities designed to enable you to communicate with others (“Interactive Services”). You will only use the Interactive Services to post, send and receive messages and material that are related to the particular Interactive Service and are proper. By way of example, and not as limitation, you will not: (i) defame, harass, threaten, or otherwise violate the legal rights of others; (ii) violate the intellectual property rights of others; (iii) display or distribute any information that is false, misleading, indecent, or obscene; (iv) create a false identity; (v) upload files that contain viruses, Trojan horses, worms, time bombs, or the like that may damage the operation of the computer or property of another; (vi) use the Interactive Service in connection with junk email, spam, contests, or surveys; (vii) use the Interactive Service in a commercial manner; (viii) harvest or otherwise collect information about other users; or (ix) violate any applicable laws or regulations. We are under no obligation to monitor, post, or use any submission from you, and we may remove any submission at any time in our sole discretion. We reserve the right to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, from the Site in our sole discretion. You agree that by posting, uploading, inputting, providing, or submitting any materials to the Site, you are granting us and the general public a nonexclusive perpetual royalty-free worldwide license to: (i) copy, distribute, transmit, display, perform, and create derivative works from your submission; (ii) publish your name in connection with your submission; and (iii) sublicense any such rights. We will not compensate you for your submission. You warrant and represent that you own or control all rights to your submission, and have the rights necessary to grant the licenses and sublicenses described in these TOU.
Documents Available on the Site
We grant you permission to use documents (such as white papers, press releases, FAQs, and data sheets) that we make available for downloading from the Site (the “Documents”) provided that your use of such Documents is in accordance with these TOU. B2R AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE B2R SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” AND B2R AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE DOCUMENTS, INCLUDING ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. B2R AND/OR ITS SUPPLIERS MAY MAKE CHANGES IN THE PRODUCT(S) AND/OR PROGRAM(S) DESCRIBED IN THE B2R SERVICES AT ANY TIME AND FROM TIME TO TIME.
B2R does not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. If, despite our request that you not send us your ideas and materials, you still send them, please understand that B2R makes no assurances that your ideas and materials will be treated as confidential or proprietary.
DMCA – Copyright Infringement Claims
B2R has registered an agent with the United States Copyright Office in accordance with the TOU of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. B2R reserves the right to remove any materials on the B2R Service that allegedly infringe another person’s copyright. If you believe your copyright has been infringed, please notify us info@Bid2Ride.com and provide the following information: i. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. identification of the copyrighted work(s) claimed to have been infringed; iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; iv. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address; v. a statement that you have 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 vi. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In the event B2R modifies the terms and conditions of this TOU at any time. You hereby acknowledge and agree that, by using the B2R Services, or downloading, installing or using the App, you are bound by any future amendments and additions to information referenced at hyperlinks herein, or documents incorporated herein, including with respect to service fees. Continued use of the B2R Services or App after any such changes shall constitute your consent to such changes. Unless changes are made to the arbitration provisions herein, you acknowledge and agree that such modification do not create a renewed opportunity to opt out of arbitration. If any provision is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. 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 its contents and purpose. Neither party shall assign or transfer any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that B2R may assign or transfer or any or all of its rights or obligations hereunder from time to time without consent to an affiliate, or to an acquirer of all or substantially all of B2R’s business, equity or assets. Any notice delivered by B2R to you will be delivered by email to the email address associated with your account or by posting on the portal available to you on the B2R Services. Any notice delivered by you to B2R under this Agreement will be delivered by contacting B2R at http://partners.B2R.com in the “Contact Us” section.
The Site includes statements that may constitute forward-looking statements made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Examples of forward-looking statements include statements regarding B2R’s future financial results, operating results, business strategies, projected costs, products, competitive positions and plans and objectives of management for future operations. In some cases, forward-looking statements can be identified by terminology such as “may,” “will,” “should,” “would,” “expect,” “plan,” “anticipate,” “intend,” “believe,” “estimate,” “predict,” “potential,” “continue,” or the negative of these TOU or other comparable terminology. Any expectations based on our forward-looking statements are subject to risk and uncertainties and other important factors. Our risks include, but are not limited to: the inherent risks of product development and new product introductions; regulatory approvals; difficulty in forecasting revenues and operating results; changes in pricing or marketing; inability to continue to realize current efficiencies and find ways to improve on past performance; failure to maintain or improve momentum and productivity during reorganizations and business combinations; expansion of our international operations; potential infringement claims; difficulty in enforcing our intellectual property rights; exposure to product liability claims; possible defects in our products. Although B2R believes the expectations contained in such forward-looking statements are reasonable, it can give no assurance that such expectations will prove to be correct.
July 1, 2016 (v 11)