RideCell Terms of Service

Date of Last Revision: September 27, 2014
Welcome!
The following User Terms of Service describe the terms and conditions by which you may use RideCell services offered by RideCell, Inc. By using, accessing or registering for the Service, you agree to be bound by these terms of service. If you do not agree to be bound by the terms and conditions of these Terms of Service, please do not use, access or register for the service.
RideCell, Inc. ("RideCell," "Company", "we," "us," "our") provides its services (described below) to you through its website located at www.ridecell.com (the "Site") and through its mobile application and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). "Services" expressly does not include transportation services, which are provided by third party drivers. By registering for any of the services (either as a dispatcher, driver or rider), you become a User ("User") and you agree to be bound by the terms and conditions of these Terms of Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised, and so you should review this page periodically. We may also attempt to notify you, either through the Services user interface, in an email notification or through other reasonable means of such changes. Any such changes will be effective immediately upon posting. With or without notification of such changes, your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be given to you or posted on the Service from time to time, including, without limitation, the RideCell Privacy Policy linked to at the end of this document. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Services Description
The Service is designed to provide a communication platform to connect and match Users of the Service who are looking for a ride ("Riders") with third party university or organizational drivers ("Drivers") (Collectively, "Users"). RIDECELL DOES NOT PROVIDE TRANSPORTATION SERVICES, AND RIDECELL IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY ORGANIZATION OR DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE SERVICE, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SERVICE. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS CONNECTED THROUGH THE SERVICE IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. RIDECELL OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OBTAINED BY ANY RIDER OR PROVIDED BY ANY DRIVER USING THE SERVICES.
Your Registration Obligations
You may be required to register with RideCell to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. Only persons over 18 years of age may register for the service. By registering for the Service, you represent and warrant that you are at least 18 years old and not currently removed or suspended from the Service. The Service may only be used by individuals who can enter into legally binding contracts under applicable law. If you are under 18 years of age, you are not authorized to use the Service without having advance written permission to use such Service by your university or organization. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by the terms and conditions of these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. Your participation in and use of the Service is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your account to any other person or entity. The Service is not available to any Users currently removed or suspended from the Service.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify RideCell of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. RideCell will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service
RideCell reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including fees charged) with or without notice. You agree that RideCell will not be liable to you for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage
You acknowledge that RideCell may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on RideCell's servers on your behalf. You agree that RideCell has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that RideCell reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that RideCell reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding RideCell and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your RideCell account information to ensure that your messages are not sent to the person that acquires your old number.
CONDITIONS OF USE
User Conduct
You are solely responsible for information, data, text, messages or other materials ("content") that you upload, post, publish, display (hereinafter, "Upload") or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by RideCell. RideCell reserves the right to investigate and take appropriate legal action against anyone who, in RideCell's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
User Fees
If a Rider obtains transportation services from a third party driver or organization that charges fees for the ride or requires the purchase of transportation passes, you are solely responsible for such fees and purchases. Standard Msg & Data rates may apply for mobile alerts.
Special Notice for International Use & Export Controls
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
No Commercial Use
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
USER OPT-IN
Users may opt-in to receive mobile text alerts by using a web form that RideCell will make available to you. By signing up you agree to receive marketing text messages, which may be sent through an automatic telephone dialing system to the mobile number provided. Consent is not required to purchase goods or services. This is a standard rated, non-premium service. You will receive 3 messages per user request. Msg & Data rates may apply for mobile alerts.
USER OPT-OUT
To Opt-Out (discontinue service), text "STOP" to "41254" from your mobile device. You will not receive any additional messages.
APPLE-ENABLED SOFTWARE APPLICATIONS
RideCell offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
RideCell and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
CARRIERS SUPPORTED
AT&T, Sprint, T-Mobile, Verizon Wireless, Virgin Mobile USA, U.S. Cellular, Metro PCS, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cricket Communications, Cellular One of East Central Illinois, Appalachian Wireless, Farmer's Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless.
INSURANCE
RideCell facilitates rides between riders and third party drivers using vehicles belonging to third party organizations. You should consult the organizations' insurance policies in the event of an incident. RideCell does not carry or offer any insurance coverage for users.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by RideCell, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Service or distributed in connection therewith is the property of RideCell, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by RideCell.
RideCell's name and logos are trademarks and service marks of RideCell (collectively the "RideCell Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who use RideCell Services. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RideCell's Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of RideCell Trademarks will inure to RideCell's exclusive benefit.
RideCell alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. These Terms of Service are not a sale and do not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by RideCell.
Third Party Material
Under no circumstances will RideCell be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RideCell does not have a duty to pre-screen content, but that RideCell and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service that violates these Terms of Service or is deemed by RideCell, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant RideCell and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to RideCell are non-confidential and RideCell will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that RideCell may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RideCell, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (x) transmissions over various networks; and (y) changes to conform and adapt to technical requirements of connecting networks or devices.
THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to third party sites and resources on the Internet. RideCell has no control over such sites and resources and RideCell is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that RideCell will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that RideCell is not liable for any loss or claim that you may have against any such third party.
SOCIAL NETWORKING SERVICES
You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and RideCell's use, storage and disclosure of information related to you and your use of such services within RideCell (including your friend lists and the like), please see our Privacy Policy linked at the bottom of this document. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and RideCell shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, RideCell is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, RideCell is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. RideCell enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold RideCell and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use or misuse of the Service, your receipt or providing of transportation services through the Service, any User Content, your connection to the Service, your violation of these Terms of Service or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein, or your violation of any rights of another, including, but not limited to passengers of your vehicle, other motorists, and pedestrians. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RIDECELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
RIDECELL MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (V) AS TO THE MANNER, PROFESSIONALISM, SECURITY OR FITNESS OF THE PERSONAL AND/OR COMMERCIAL DRIVERS.
The Service is not intended for and should not be used or relied on in the case of an emergency, while driving or operating vehicles, or in a manner where the failure or inaccuracy of the Service could lead directly to death, personal injury, or severe physical or property damage.
RideCell cannot ensure the quality or safety of the transportation that occurs as a result of using the Service; nor do we have any control over the truth or accuracy of the Users' information listed on the RideCell platform. We cannot ensure that a Driver or Rider will actually complete an arranged service.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RIDECELL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RIDECELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
THE DRIVER ASSUMES FULL LIABILITY FOR DAMAGES RELATED DIRECTLY OR INDIRECTLY TO THE APPLICATION AND ANY OTHER PRODUCT OR SERVICES OFFERED BY THE COMPANY AND ITS AFFILIATES. THE COMPANY SHALL BEAR NO LIABILITY RELATED TO TRANSPORTATION PROVIDED BY THIRD PARTY DRIVERS OR ORGANIZATIONS TO PASSENGERS. THIS MEANS THAT THE COMPANY WILL HAVE NO RESPONSIBILITY FOR DAMAGES RESULTING FROM ANY INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE SUFFERED BY PASSENGERS OR DRIVERS IN THE EVENT OF AN ACCIDENT OR INCIDENT OR OTHERWISE.
THE LIMITATION OF LIABILITY DESCRIBED IN THE PRECEDING PARAGRAPH SHALL ALSO APPLY WITH RESPECT TO DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED WITHIN OR IN CONNECTION WITH THE APPLICATION.
WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES OR ORGANIZATIONS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
FORCE MAJEURE
RideCell will not be liable for delay, failure, or inadequate performance in its Services to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond RideCell's reasonable control.
ARBITRATION
At RideCell's or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor (see jamsadr.com). Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS as of the date that the demand for arbitration was brought.
The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award in court. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of this agreement to arbitrate. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration or in court.
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.
TERMINATION
You agree that RideCell, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if RideCell believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service and may be referred to appropriate law enforcement authorities. RideCell may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that RideCell may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RideCell will not be liable to you or any third party for any termination of your access to the Service.
USER DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the Service and RideCell will have no liability or responsibility with respect thereto. RideCell reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
GENERAL
These Terms of Service constitute the entire agreement between you and RideCell and govern your use of the Service, superseding any prior agreements between you and RideCell with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and RideCell agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.
The failure of RideCell to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of RideCell, but RideCell may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail to your mail or email address on record in the Company's account information. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter sent by confirmed facsimile to the Company at the following fax numbers (whichever is appropriate): (415) 534-3417; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): RideCell, ATTN: General Counsel, 514 Bryant St, San Francisco, CA 94107.
YOUR PRIVACY
RideCell respect the privacy of our users, and we will only use your phone number or other personal information in the ways outlined in our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
ACCESSING THESE TERMS
You may access the Company's Terms of Service at any time by visiting Terms of Service
HELP? QUESTIONS? CONCERNS? SUGGESTIONS?
Please text "HELP" to "41254" or email support@ridecell.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services provided by RideCell.