RIDE

Privacy Policy

Effective Date: This Privacy Policy was last updated on December 1, 2022.

We at UniRide LLC, including our parents, subsidiaries, affiliates, representatives, managers and members (collectively, “UniRide,” “we,” “us,” or “our”), respect your privacy and are committed to protecting your personal information.  Therefore, we work hard to safeguard your information and have created this Privacy Policy to help you understand what information we collect, why we collect it, and how you can update, manage, and delete your information.  This Privacy Policy relates to your use of and access to our rideshare technology platform and all related content and services, such as our platform, applications, website, social media, and content, which includes, but is not limited to, downloading or logging into our application (the “Services,” as more fully described in our Terms and Conditions).  For the sake of clarity, by visiting our sites and pages, talking with our representatives, using or accessing the rideshare technology platform, whether as Rider or Driver, registering for a user account, or otherwise as it relates to us, you engage in our “Service.” 

1.         General.

The UniRide Terms and Conditions (the “Terms”) are incorporated herein by reference.  Your use of the Services is subject to the Terms and this Privacy Policy and indicates your consent to them.  In this Privacy Policy, the term “personal information” means information which you provide to us which personally identifies you, such as your name, number of rides and years using Services, ratings, profile photo, email address, billing information, certain driver information requested within the application, certain rider information requested with the application, credit card number, banking information, telephone number, and all other data which can be reasonably linked to such information by UniRide, such as vehicle information and license plate. In addition, UniRide will share certain, non-sensitive information with the Riders and Drivers you connect with in our rideshare platform community so that you may be properly connected with your Rider or Driver.  You can choose to delete any personal information we may have collected about you by contacting us.  Please note that Stripe is our primary payment processor, which is party that you agree we can share your information with so as to offer you the benefits of our Services; provided, however, that you also agree that at any time, without notice, we may change our payment processor, and that your continued use and/or access to our Services will constitute your consent to share your information with the other payment processors as well. 

1.2       Information Collected

When you use our Services, such as signing up for a UniRide user account or accessing the rideshare platform, we may collect and securely save your name, mailing address, billing address, telephone number, e-mail, billing information, such as your debit or credit number (including expiration date and security code), any information you enter in a chat box or live chat or send to us through our contact form, any information that we request from you to verify your identity, any information about your vehicles, and all other information necessary to provide you with our Services and contact you when necessary.  Specifically, when you communicate with us through our website, whether through our contact form or through live chat, or through the UniRide mobile application, we will collect and securely store all information you choose to send us.  When you communicate with us through Facebook or other social media platform, we will likewise collect and securely store all information that you send us so that we may best offer you our Services.  In the event you call us or we call you, all calls will be recorded for quality assurance purposes, as well any time, type, and quantity of the orders you make and the banking information associated with that order, among other things set forth in this Privacy Policy.  Also, when you save as favorites certain locations and destinations, we will also receive that information. 

1.3       Driver Information

In addition to basic information collected, which is in addition to any registration data as a Driver on our platform, we will also ask for your gender, date of birth, social security number, vehicle make, vehicle model, vin number, year of vehicle, tag and license plate number, driver license number, driver license expiration date, car insurance name, car insurance policy number, car registration, account username, password for account, and profile picture, among other items.  This information will be shared with our third parties so that we may ensure a safe community amongst the participants in our rideshare technology platform.  This information will thus be shared with companies that run driving record background checks and criminal background checks on our drivers, may be shared with law enforcement and the county in which you will be driving in, and may be shared with other third parties in our discretion. We also keep you bank, bank account, bank routing, tax information, and other payment information in order to ensure prompt payment to you.

1.4       Location Information Collected.

Location information is automatically collected in the form of GPS signals (combined with a time-stamp) and other information sent by your mobile device on which the Services are installed, activated, and used.  However, collection of this location information only occurs when permission is given through the user settings on your device; in other words, you may control the collection of this GPS information by turning off location information and sharing by accessing the privacy, user, or other appropriate settings on the device you are using to access the Services.  Please note that we may also collect the precise location of your device when the application is running in the foreground or background of your device.  We will also use your location information for things like matching riders with drivers, determining drop off and pick up locations, measuring your distance travelled, and suggesting destinations based on previous trips.  This means that in addition to knowing where you are going in terms of GPS location, we may also know the precise places that you visit.  Of course, your safety is paramount to us, which is why we may share your location information with law enforcement or emergency medical services. 

1.5       Other Information Collected

As a technology company, UniRide will make available to you the rideshare technology platform in order to connect you with Riders or Drivers, and as a consequence, can also view your personal data. Once you install the application or use the Services, information will be immediately and automatically collected about the use of the Services.  For example, information may be collected and recorded regarding how often you use the app and for how long, your device type, unique identifiers, operating system type and version, battery usage, the third party web pages or applications you visit or use or interact with via the Services, the recording of your clicks within the application and Services information that you viewed on our Services, the fact that you used the Services to communicate with other users and the fact that you used third parties application/services via our Services to communicate with third parties and the duration of such communications, the Internet Protocol (IP) address and the name of the domain used access the Services, the geographic location of the device that you are using to log in and use the Services. 

1.6       Why we collect.

Your personal information and practices through the use of our Services are collected, analyzed, and shared to us and to third parties in order to best customize, tailor, learn from, analyze, manage, report and optimize the Services. In other words, we use your information to deliver our Services.  For example, we collect your information for the purposes of communication with you and our Third Parties, support, scheduling, history, location, and general rideshare use, whether as a Rider or Driver.  We also use your information to ensure our Services are working as intended, such as tracking outages or troubleshooting issues you report to us. And we use your information to improve the service or to develop new features or services, use data for analytics and measurement to understand how our services are used. For example, we analyze data about your usage of the Services to do things like optimize our website and application design. We also use your information to send you updates, notices, announcements, and additional information related to the Services.  If you contact us, we may keep a record of your request in order to help solve any issues you might be facing.  We also use the information we collect to send you push notifications and text messages.  We collect all this information in order to personalize our Services to you, and of course to better connect our drivers and riders with each other. Please note that if you disable push notifications from within your mobile phone, or opt-out of receiving them, you may not be able to effectively use the Services, such as when you are notified that your ride has arrived.

1.7       Address Book Information

If you permit UniRide to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Platform and for other purposes. 

1.8       Testimonials and Reviews  

UniRide will share any testimonials and reviews received with their respective drivers and riders, and the community as a whole.  We do this because we want both riders and drivers to enjoy great rides and drives, and to give to each honest testimonials and reviews about their individual experience.

1.9       Calls and Text Messages

You may need to contact your driver or rider in the event you leave something behind or locating the pickup location.  For these purposes, you can contact riders and drivers through the rideshare technology platform.  We do not share your phone number, but with your consent, we may share such information with the relevant riders or drivers.  If you communicate with your driver or rider from within the application and rideshare technology platform, we will be able to view the content of any messages sent or received.  In addition, for any calls from within our platform, we may record such calls for security purposes, and we will let you know before we do so.  

1.  

UniRide will be primarily involved in the processing of data that is related to or in connection with the Services.  Therefore, in order to offer you the benefit of our Services, we may use various third parties and external companies to enable or provide the Services to us and for your use, process payments, provide customer support, provide location information to participating restaurants, provide marketing services, and provide website-related services (including, but not limited to, maintenance, database management, web analysis, and improving website functions) or to support us in analyzing the use of our services.  These service providers have access to only such information needed to perform their functions, and you hereby consent to the sharing of your information with these third parties.  In addition, our Services may contain links leading to other websites. Our Policy does not apply to the practices of such websites. UniRide is not responsible for the actions of, or the content displayed on, websites which are not our own. We encourage you to exercise caution on the Internet, to be aware of when you're leaving our Site, and to read the privacy policies of each website you visit.

2.1       Third Party Analytics

We use third party services such as Google Analytics and Google Maps to measure traffic on our website and applications and as part of our Services, although Google is not the only third party we use for our analytics. Specifically, we use analytics software and code to enable us to continually improve the content and Services we offer to you, for systems administration purposes, to evaluate your use of the Services, to compile reports on activity, to analyze performance metrics, and to collect and evaluate other information related to the Services.  Some of our analytics can be used to track users over time, for geo-location purposes, and across third party websites. We allow these third-party services to use cookies, web beacons, pixel tags, and similar technologies to record information about your interaction with us on our website and social media and elsewhere on the Internet (“Tracking Data”) and use such Tracking Data to display ads for UniRide when you visit other websites. These third-party companies may not recognize browser “Do Not Track” signals.  By using the Services, you agree to be bound by the Google terms of service and privacy policy, found here (https://policies.google.com/?hl=en-US) and here (https://www.google.com/help/terms_maps/) If you would like to opt-out of Google Analytics, please visit the following website: https://tools.google.com/dlpage/gaoptout/.  The Facebook policies are found here (https://www.facebook.com/privacy/explanation) and here (https://www.facebook.com/policies?ref=pf).

3.         Cookies.

UniRide may receive aggregated, non-personally identifiable information and analysis from third party measurement services which help us understand how our users interact with the Services, such as Google Analytics and Google Ads.  We use various technologies to collect and store information, including, cookies, local storage, browser web storage, application data caches, databases, and server logs, among other techniques identified herein.  Regarding cookies, cookies are small text files that a website places on your computer or mobile device when you visit a page or website for the first time. Cookies help us to recognize your device the next time you visit the website. Cookies have different functions. With the information provided to us through cookies, we will be able to learn your interests and attitudes. Cookies can help us to analyze how well our website works and allows us to adapt our content so that the relevant information is provided to you. Most browsers can be set in the settings so that they no longer accept cookies or you will be notified when you receive a cookie.  If you decide to deactivate or delete cookies in the future, you must take into account that some or all of the Services may no longer be available to you.

4.         Aggregated Information.

We may use anonymous, statistical or aggregated information (including anonymous location information) in a form that does not enable the identification of a specific user, and to properly operate the Services, to improve the quality of the Services, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes (including advertising and marketing). We may also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to our providers, partners and any other third party.

5.         Sharing your Information. 

We do not sell, rent, or lease your personal information to third parties.  We will not share your personal information with others, without your permission, except for the following purposes and to the extent necessary in our good-faith and sole discretion: as necessary for the Services; to communicate with third parties, including without limitation or payment processors and our affiliates; to detect, prevent, or otherwise address fraud, security, or technical issues; to detect and prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services; if we organize the operation of the Services within a different framework, company, or through another legal structure or entity; if we are acquired by, or merged into or with another entity; to collect, store, hold and manage your personal information through cloud based or hosting services; to enforce the Terms of Use or Privacy Policy; to contact you when we believe it to be necessary; to comply with any applicable law and assist law enforcement agencies under any applicable law, when we have a good faith belief that our cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures; to detect abuse and illegal activity; to handle breakdowns and malfunctions; to take any action in any case of dispute, or legal proceeding of any kind between you and the Services, or between you and  third parties with respect to, or in relation with the Services; for purposes provided under this Privacy Policy and Terms and Conditions; to help improve the safety and reliability of our Services. This includes detecting, preventing, and responding to security risks, and technical issues that could harm us, our users, third party providers, or the public; to create aggregated and/or anonymous data (where such data does not enable the identification of a specific user).

6.         Controlling your Information

You can always review and update certain information by contacting us.  If you find that the information associated with you and your use of our Services is not accurate, complete or updated, then you should make all necessary changes to correct it.  Please keep in mind that false, incorrect, or outdated information may prevent you or impair your ability to provide you with Services, and may even be a violation of the law. 

7.         Information Security.

We consider your information security to be a top priority.  We have taken appropriate technical and organizational security measures against the loss or unlawful processing of your personal data, and to that effect, we have implemented systems, applications, and procedures to secure your personal information, to minimize the risk of theft, damage, loss of information, or unauthorized access or use of information. Your personal data will be securely stored in our database. We use industry standards and appropriate security measures, such as firewalls and SSL (Secure Socket Layers), and also physically secure the locations where the data is stored.  However, as effective as our security measures are, no security system is infallible and as such we are not able to give you absolute assurance in regard to your information security. Therefore, although we take great efforts to protect your personal information, we cannot guarantee and you cannot reasonably expect that the databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.  The transfer of your data to us is always at your own risk.  Furthermore, e-mail, our contact forms, Facebook Messenger, and other platforms are not secure forms of communication. Please do not send us your Social Security number, credit card number, or other sensitive personal information via these platforms. Although we will take reasonable measures to protect your personal information, we cannot guarantee the security of your data transmitted to and from our website or over mobile networks; any transmission is at your own risk. You understand that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.  Your use of our Services is your express and voluntary consent to and acknowledgment of these risks. 

8.         Data Storage.

Unless otherwise stated herein, we store your data until you expressly advise us of your intention to have your account and data deleted. If you would like to delete your account and/or request that we no longer use your data in the future to provide Services to you, please contact us.  Upon receiving your request to delete your personal information, we will use reasonable efforts to delete such information; however please note that information may not be deleted immediately from our backup systems. We aim to initiate the deletion process immediately after your request unless we determine at our discretion that we need your information to comply with legal obligations or to settle disputes.

9.         Payment Processing.

If you use our Services, your credit card data and data of other payment methods will be forwarded by us to a PCI-compliant payment processing provider and processed by the latter in order to process payments as a result of your use of our Services.  Please note that by using the Services, you are consenting to allow us to transfer the credit card details or data of other payment methods you have registered to our PCI-compliant payment processors, such as Stripe, Square, or PayPal. 

10.       Marketing and Customer Service.

By using our Services, you consent for us to use your personal data and contact information to send you general information about us for marketing and promotional purposes. We may use your information to send you news, newsletters, special offers, promotions, updates, and announcements related to our Services and your use of the same, among other things.  As stated herein, we will use the information we learn about you to determine how best we can serve you and our community through the use of the Services. You can unsubscribe from these notifications at any time by contacting us.

11.       Contact and Notices.

If you have any questions about this Privacy Policy, or if you believe that your privacy has been compromised in the course of using the Services, please contact UniRide LLC by e-mail to info@unirideus.com.  You can also send UniRide other requests, responses, praise, questions, and complaints by e-mail at: info@unirideus.com.  If you need to reach us by mail, please send your correspondence by U.S. Postal Service Certified Mail, Return Receipt Requested, to UniRide LLC, 7950 NW 53^rd Street, Ste. 337, Doral, FL 33166. 

12.       European requirements. 

If the European Union (EU) data protection law applies to the processing of your information, we provide the controls described in this policy so you can exercise your right to request access to, update, remove, delete, and restrict the processing of your information.  As detailed herein, you also have the right to object to the processing of your information. We ask for your agreement to process your information for specific purposes—and your consent is given by use of our Services—and you have the right to withdraw your consent at any time. You can manage your settings at any time, and contact us for questions regarding the same.  We process your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. We process your data pursuant to a contract, including this Privacy Policy and the Terms and Conditions.

13.       Transmission of Data.

Your personal data will be transmitted to and processed in the United States and in other places such as Switzerland or the European Union, and perhaps others that do not have data protection laws comparable to Switzerland, the European Union, or the United States. You hereby consent to the transfer and processing of your personal data to such countries (whether known to you or not), particularly to the United States. Among other reasons outlined herein, data may be transmitted to third parties for helpdesk/support, business intelligence, payment processor compliance, hosting (for both data and applications), and communications services, all of which are geared and done to provide you with the benefits of the Services. 

14.       Changes to this Privacy Policy

We may from time to time change the terms of this Privacy Policy.  Changes will take effect immediately after we have posted the changed or amended Privacy Policy to our website and/or application.  You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services will indicate your acceptance of the amended terms.  If you do not agree with any of the amended terms, you must avoid any further use of the Services.

 

Effective Date: These Terms were last updated on August 1st,2023.

 

1.  Contractual Relationship

 

We at UniRide LLC, including our parents, subsidiaries, affiliates, representatives, managers and members (collectively, “UniRide,” “we,” “us,” or “our”), are pleased to welcome you to our family and are excited that you wish to use our rideshare technology platform and access all related content and services, such as our platform, applications, website, social media, and content (the “Services,” as more fully described herein).  Like all families, we have rules, so please read these Terms and Conditions (the “Terms”) carefully before using or accessing our Services.  As mentioned conspicuously below and elsewhere herein, these Terms constitute a binding, legal agreement between you and UniRide.  

 

ALERT! THESE TERMS ALTER YOUR LEGAL RIGHTS AND REMEDIES IN THAT ANY CLAIMS OR DISPUTES AGAINST UNIRIDE SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION, WITH LIMITED EXCEPTIONS.  IN ADDITION, YOU HEREBY ACKNOWLEDGE THAT THESE TERMS ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AND ANY DISPUTES OR CLAIMS AGAINST UNIRIDE MUST BE BROUGHT ON AN INDIVIDUAL BASIS.

 

By accessing or using the Services, you confirm your agreement to be bound by these Terms and acknowledge that you have read and understood the same.  If you do not agree to these Terms, you may not access or use the Services.  If you do not understand these Terms, you may not access or use the Services.  There is no obligation for you to use the Services nor are we obliged to offer you the Services, and even if we do, we do not guarantee that the Services will function successfully (as with all technology, it is prone to errors, although we will in good faith endeavor to make your experience as smooth and gratifying as possible).  These Terms expressly supersede prior agreements or arrangements with you. UniRide may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason in its absolute and sole discretion.

 

UniRide may amend or modify the Terms from time to time without notice. Amendments will be effective upon the posting of such updated Terms at this location or elsewhere in the application or on the website.  Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

 

Our collection and use of your personal information in connection with the Services is described in our Privacy Policy located at https://www.unirideus.com/privacy-policy, which is incorporated herein by reference and made a part of the Terms.

 

2.  UniRide Technology Platform

 

UniRide is a community that connects riders and drivers through our rideshare technology platform, which is accessed through our mobile and web based applications.  We help facilitate your connection with certain third parties, whether that be riders or drivers, so that you may transport or be transported to certain destinations.  You hereby authorize UniRide to connect both riders and drivers through our platform.  For both riders and drivers, you will need to register an account either through the web or on mobile based applications to access and use the technology platform.  When you are ready to ride, riders will choose their preferred vehicle category, select their gender preference, and set up your pickup and drop off location all within our UniRide applications.  When you are ready to drive, just click on the UniRide app, login, and start receiving ride requests. The app will provide drivers with full details about the requested ride, so that you can provide the best experience for our riders.

 

3.  Independence of Drivers

 

You hereby acknowledge that drivers are third party independent contractors as evidenced by these Terms and agreed to between UniRide and the drivers, each of whom use our rideshare technology platform to connect with riders.  We have no control over the drivers’ schedule and do not control how your driver will perform his duties.  UniRide does not unilaterally prescribe specific hours during which the driver must be using and accessing the Services, does not prohibit the driver form engaging with other companies similar to ours, and does not restrict the driver from other work or business.  UniRide offers drivers independence in how and when they choose to work, in that drivers can accept or decline a ride request and work when they please.  These Terms shall not be considered and contract for employment and that your use and access of the Services does not give rise to an employment relationship between drivers and UniRide.  The independence of riders and drivers also means that we have no control over whether they will in fact complete the Services, and have no control over any negligent or intentional acts of those accessing and using or platform.  We are not a public or common carrier nor are we a taxi service.  On the contrary, we are only the platform operator of the Services, and all benefit from using the Services inures to the riders and drivers, not UniRide.  

 

Remember, we are just a platform made available to you for your convenience, so it is up to you whether or not you offer rides or accept rides.  Please be advised that any agreement between you and any of the riders or drives is separate from these Terms, and that UniRide is not a party, has no obligations therein, and is not bound by any contract with you outside of these Terms.  Furthermore, you acknowledge and understand that riders and drivers are not our agents. Your continued use of the Services is an acknowledgement and acceptance that neither UniRide, nor any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives are a party to any agreement you may enter with any rider or driver.

 

4.  Access and Use of the Services

 

4.1 User Accounts

 

In order for you to be able to use the Services or the mobile application, and in particular to request or accept rides, you must first log in and create a user account. To create a user account, you must first download the application and then proceed to registration by following the instructions on the application or web, which can be downloaded at www.unirideus.com or in the Google Play Store or Apple App Store. When registering, you provide to UniRide as platform operator, certain personal data required in order to complete registration.  Account registration requires you to submit to UniRide certain personal information, depending on whether you are a rider or driver, such as your name, e-mail, physical address, gender, mobile phone number, age, social security number, vehicle identification number, driver license number and expiration date, proof of adequate car insurance, license plate, vehicle year, make and model, car registration, and photos of the vehicle. Please see our Privacy Policy regarding the information collected during this process, which explains how information is stored about you and what will be sent and shared with our affiliates and providers; we do this so we can better understand and manage your rights and obligations as a user of our Services.  

 

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 may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by UniRide in writing, you may only possess one Account.  After successfully registering, you will receive a personal user account which can be accessed with a password of your choice.  You are responsible for all activities on your user account and you are obliged to keep your username and password safe and confidential at all times.  

 

In order to use our Services as riders and access our platform, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to register for an account, unless a specific Service permits otherwise. A user account is not transferable, and you are not allowed to have more than one user account. User accounts are only available to clearly identified and designated natural persons

 

4.2 Accuracy of Information

 

You guarantee that the information you provide to us is correct, complete and current at all times. In particular, you must truthfully provide your own name and, if necessary, a billing address for billing purposes.  Please use the update functions in your user account to update your profile with any changes to your information.  If this information is no longer correct, complete, or current, including your billing information, communication with you and the carrying out of our services to you may prove impossible, i.e. significantly disrupted.  In such an event, please note that we may no longer be connect you with riders or drivers through our Services nor send you material updates.  UniRide reserves the right to cancel, suspend, or discontinue our Services to you at any time, but especially for inaccurate, incomplete, or false personal or billing information. You also represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for our Services.

 

4.3 User Content

 

UniRide may, at its sole discretion, allow you to submit, upload, publish, or upload text, audio, image content or other information from time to time, and to post comments and feedback regarding your experiences with our Services (“User Content”).  Your User Content must comply with your obligations of conduct and responsibilities detailed herein in Section 7 and elsewhere in the Terms.  In any event, UniRide is under no obligation to check, monitor or remove user content, although UniRide will endeavor to do so if the same violates these Terms or the Privacy Policy, and may do so with or without notice to you.  For the sake of clarity, UniRide does not guarantee the accuracy or truthfulness and cannot review all communications and materials posted or uploaded to the services; you acknowledge that we are not responsible for the content of the User Content.

 

4.4 Ownership of User Content

 

Subject to Section 8, all User Content that is uploaded or otherwise to the Services shall be yours and exclusively yours, and you covenant that you have all the rights, licenses, consents, and exemptions required to provide such content to UniRide through our Services and to grant UniRide a license in your User Content.  Such User Content shall not violate, infringe, misappropriate the rights of third parties in intellectual property or other rights of third parties, publication rights or personal or data protection rights of third parties, disregard or violate applicable laws or regulations, or UniRide right to use your User Content pursuant to its license to do so.

 

4.5 Testimonials and Reviews.

 

Reviews and testimonials are meant to reflect individual experiences of those who have used or accessed the Services. We do not claim that these are typical results that all riders or drivers will achieve, and reiterate that reviews and testimonials will not be representative of everyone’s experience as a rider or driver.  Consequently, you acknowledge that individual results will vary, and as mentioned before, it is inventible that inaccurate or false reviews and testimonials will be posted.  You agree not to rely on such reviews and testimonials when using our Services. The testimonials include the original wording of the writer, except for grammatical, spelling and typing edits.  UniRide is not responsible for any of the opinions or comments posted to our site or in app. UniRide may provide reviews and testimonials on our websites, pages, and applications as a means for you to share your experiences with visitors, although UniRide does not share or endorse the opinions, views or commentary of any reviews and testimonials.

 

4.6 Text Messages and Push Notifications.

 

By accessing our Services, you hereby consent to receive text messages, phone calls, e-mails, push messages and notifications, and other direct forms of communication, advertising, and marketing from UniRide, whether directly or indirectly, through social media platforms, e-mails or otherwise.

 

5   Payment and Charges

 

5.1 General

 

You acknowledge that we may charge you for using and accessing our Services.  The payments you make via the Services will be treated as if you made them directly to the drivers. All prices are payable immediately.  All charges and payments will be enabled by UniRide using the preferred payment method designated in your user account, whether by credit or debit card. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that UniRide may use a secondary payment method in your user account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by UniRide, and this applies regardless of whether your use of the Services are disrupted, terminated, or cancelled, regardless of the reason.  

 

As between you and us, UniRide reserves the right to establish, remove and/or revise charges for any or all Services obtained through the use of the Services and rideshare platform at any time in UniRide’s sole discretion.  You hereby acknowledge that prices may vary depending on the type of service requested, the city you are in, and the time of day you use and access the Services; for the sake of clarity, prices may increase due to high demand, such as during rush-hour or special events.  

 

It is your responsibility to review and confirm the prices before using the Services; your use of the Services signifies your acceptance and approval of the charges, regardless of whether you actually reviewed or confirmed them. Where applicable, charges will include taxes, any local or state fees required by law to be charged, cancellation fees, tolls, surcharges, damage fees, tips, airport fees, and other charges. Any charges you incur will be collected by us on behalf of the drivers.  In this capacity, UniRide acts as a collection agent in that payments received by us for your use of the Services will be owed in their entirety to the drivers, less any applicable fees that UniRide may charge.  In effect, you are using the rideshare technology plan to pay drivers, with us as the collection agent, for any transportation services coordinated through the platform.  This means that although UniRide is the platform operator of the Services and is facilitating your connection with riders and drivers, payment received by you through our Services is settled in the name and for the account of each driver.

 

5.2 Payment Processing

 

We use an external payment processor to process payments between riders and drivers. Our external payment processers may be Square, Stripe, or PayPal, although this may change without notice and in our sole discretion. The processing of payments in connection with your purchase of the products or use of the Services is subject to the terms and conditions and the privacy policy of the payment processors and your credit card issuer, in addition to these Terms and our own Privacy Policy. UniRide is not responsible for any errors made by the payment processor or the credit card issuer. Be advised that in connection with your use of the Services, we will obtain certain transaction details, which will only use in accordance with the Privacy Policy and as stated herein. You are responsible for the provision of a valid credit card or other payment method and the timely payment of all costs.  You also expressly give UniRide and the payment processor express permission and authorization to process payment.  We may verify the payment method by first seeking a credit or debit card authorization.  

 

6.  Your Conduct and Responsibilities.

 

6.1     For Riders and Drivers.

 

You shall use the Services for lawful purposes only.  In addition, you commit yourself as follows: (i) you will only use the Services for private, non-commercial purposes and will not pass it on to third parties; (ii) you will not allow or allow third parties to use your user account; (iii) you will not assign, transfer or otherwise make your user account available to another person; (iv) you will not use a third party user account; (v) you will comply with all applicable laws when you use the Services, and not engage in any conduct that could give rise to civil or criminal liability; (vi) you will not use the service or applications to cause trouble, annoyance or inconvenience or to restrict or inhibit any other user from using and enjoying the Services; (vii) you will not interfere with the correct operation of the network; (viii) you will not try to damage the service or the applications in any way; (ix) you will keep the password for your user account or any identification that we provide to gain access to the service and the applications secure and confidential; (x) you will provide us with any proof of your identity and age that we deem appropriate, and your refusal to provide proof of age or identity may be grounds for refusal of the Services; (xi) you will not use the Services or the applications with a non-compatible or non-approved device; (xii) you shall not use our Services to engage in any unlawful, threatening, invasive, abusive or other like conduct; (xiii) you shall not use our Services to upload or transmit any obscene, vulgar, offensive, pornographic or otherwise objectionably or sexually explicit content; and (xiv) you will comply with all local, state, and federal law in your use of our Services.

 

6.2 Anti-discrimination; Service Animals

 

UniRide is committed to anti-discrimination and fair treatment of our riders.  All drivers are strictly prohibited by law and by these Terms from discriminating against our riders.  To that effect, drivers represent and warrant that they will not discriminate against riders because of their national origin, race, color, ethnicity, religion, disability, sex, sexual orientation, or familial status.  In addition, all drivers will reasonably accommodate all disabled passengers as required by law, including passengers with service animals.  A drivers use and access of our Services is deemed to be their acceptance of our policy of anti-disclination.  Importantly, UniRide closely monitors User Content, reviews, and testimonials by our riders for alleged violations by our drivers of these Terms and specifically our anti-discrimination policies, which after thorough investigation may lead to discipline of the driver or revocation of his access and use of the Services.  If you feel you have been discriminated against or denied entry to your ride because of a service animal, please dial 911 if you feel threatened; otherwise, please contact us immediately.  Drivers are also required by law and these Terms to accept service animals; if you are uncomfortable or for religious purposes would prefer not to do so, then you may not access the Services and use or rideshare technology platform.  Drivers shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, as amended;

 

6.3 Zero Tolerance Drug and Alcohol Policy

 

While using or accessing the UniRide technology platform, drivers shall not be under the influence of drugs or alcohol, including prescription medication.  We take complaints in this regard extremely seriously and upon any complaint that you may have violated this section, your privileges to use and access the platform will be immediately suspended pending investigation by UniRide.  If you feel that your driver is under the influence of drugs or alcohol, and only if it is safe to do so, please dial 911; otherwise, please contact us immediately.  

 

6.4 Assistance Policy

 

There may be times when drivers assist riders outside of the vehicle, such as helping store a wheelchair, carrying baggage, or opening doors.  Both riders and drivers agree and acknowledge that any injury arising out of such assistance is not the responsibility of UniRide; after all, UniRide just provides riders and drivers a platform from which they can do business and seek and accept transportation.  Any assistance provided shall be deemed an assumption of risk by the riders and drivers of any incidents or injuries flowing from the assistance itself.  

 

7.  Designated Driver.  

 

Our Designated Driver service shall refer to the transportation of a vehicle owner and that person’s passengers, if any, in the vehicle owner’s or vehicle driver’s vehicle, or by using your vehicle, from one place to another for a fee through the use of our Platform.  As with all other Services, UniRide LLC will only make accessible to you the platform in which to find and locate designated drivers.  To that effect, you hereby affirm and understand the independence of our drivers as more fully set forth in Section 3.  In addition, to all representations and warranties set forth in Section 6.1, which describes your standard of conduct, you additionally represent, warrant as affirm: (i) you own, lease, or legally operate the vehicle that you are using to access the Services, and that you have obtained all permissions from any co-owner, co-lessor, or other to use such vehicle on the platform; (ii) you have and will provide to UniRide proof of valid car insurance, which meets the minimum requirements under the law for Florida car insurance coverage, and that you are listed as a driver on the insurance or are using the car with the permission of the insured; (iii) your vehicle is properly registered with the state; (iv) your vehicle is properly maintained and serviced, and is in great operating condition sufficient enough for safe transport; (v) your vehicle is not subject to any safety recalls, and if so, that such recalls have been remedied; (vi) no contraband, substances or other illegal items are concealed within the vehicle; and (viii) your vehicle has sufficient enough fuel to arrive safely to destination.  In addition, by using our Services, you grant to your assigned Designated Driver the right to wait for you in your vehicle and the right to park your car and wait for you in an establishment.

 

8.  Driver Addendum

 

8.1 Accepting Rides.

 

With UniRide, accepting rides is very easy!  After creating your user account on the driver’s application, you must login to the rideshare platform.  After logging in, you will have to purchase a monthly or annual subscription.  After purchasing a subscription, you will need to ensure that your availability button is turned on.  When you are ready to accept a ride, simply select your desired Rider on the map, after which you will receive all relevant Rider information.  If you choose to accept this ride through our platform, then click accept and proceed to pick up destination.

 

8.2 Our Fees

 

We charge drivers a flat fee of $79.00 per week, $196.00 per month or $3,792.00 per year to access the rideshare technology platform and enjoy unlimited rides with no hidden fees.  If you decide not to accept any rides that week, no worries, we will not charge you the fee.  However, you do acknowledge that our fees are non-refundable and whether you accept one ride or many rides, work one day or five days, our fee will apply.  For the sake of clarity, you are not charged any additional or hidden fees for accessing the platform.

 

8.3 Getting Paid

 

UniRide is different from other ridesharing companies in that we do not charge our drivers a commission—we are proudly the pioneers of this payment model.  Instead, all fees collected by drivers through our platform will be collected on your behalf and paid to you in its entirety, less any applicable fees that UniRide may from time-to-time charge, such as payment processor fees which shall be borne exclusively by the Drivers. Fees are based on an equation model that charges Riders based on the type of vehicle and based on a per mile, per minute and surge boost multiplier formula, with factors such as rush-hour and demand affecting the rates.  As mentioned elsewhere herein, you are under no obligation to accept riders, but if you choose to do so, you will see the rates riders will pay you for transportation, and you will have the option of accepting that particular ride.  We reserve the right to change rates at any moment, even without you knowing, and your continued use of the Service signifies your acceptance of the rate changes; provided, however, that once a ride is accepted, that rate is locked in.  After accepting a ride, UniRide will collect the transportation fees on your behalf through our technology platform; in this capacity, we are only acting as your collection agent as rider access the platform to find drivers they are willing to pay for transportation.  UniRide, through its merchant processor, will then pay you by electronic, bank-to-bank transfers (ACH).  You are also permitted to receive tips and cancellation fees, whether in cash or through the Services (with respect to the latter), and these tips are in addition to any transportation fees paid to you from the riders.  

 

8.4 Conduct of Drivers

 

In addition to the general conduct we expect from all of our riders and drivers, the following are additional covenants and representations that drivers agree to before accessing or using the Services: (i) you possess a valid, state-issued driver’s license; (ii) you own, lease, or legally operate the vehicle that you are using to access the Services, and that you have obtained all permissions from any co-owner, co-lessor, or other to use such vehicle on the platform; (iii) you have and will provide to UniRide proof of valid car insurance, which meets the minimum requirements under the law for Florida car insurance coverage, and that you are listed as a driver on the insurance; (iv) your vehicle is properly registered with the state; (v) your vehicle is properly maintained and serviced, and is in great operating condition sufficient enough to safely transport riders; (vi) your vehicle is not subject to any safety recalls, and if so, that such recalls have been remedied; (vii) you will drive safely and obey all laws, respect other drives and riders, and not operate under the influence of alcohol or drugs; (viii) that you are medically, emotionally, and physically fit to operate a motor vehicle on all roads and highways, and that you meet the vision requirements for driving as per Florida law; (ix) you have reviewed the Official Florida Driver License Handbook available here; (x) you agree that criminal records, background checks, and driving reports may be obtained about you, and that you agree to cooperate with UniRide in obtaining the same, which may include updated records, checks, and reports, which we may request at any time and in our sole discretion; (xi) you acknowledge that failure to cooperate with us and to provide us any requested information will result in the revocation or denial of your use of the Services and technology platform; (xii) you will only access the Services using a vehicle registered and reported to UniRide; (xiii) you will reasonably accommodate all disabled passengers as required by law, including passengers with service animals; (xiv) you will not discriminate against riders because of their national origin, race, color, ethnicity, religion, disability, sex, sexual orientation, or familial status; (xv) you agree to pay all applicable local, state, and federal taxes; (xvi) you possess the mental and emotional stability, as well as the physical ability, to safely carry out the duties inherent in operating a transportation network entity vehicle; (xvii) you are able to communicate in the English language; (xviii) you are duly authorized to work under the immigration laws of the United States; (xix) you shall maintain a neat appearance; (xix) you will notify us of any change of address within ten days or your relocation; and (xx) you will use the air conditioner when the ambient air temperature exceeds seventy-five degrees Fahrenheit unless otherwise requested by the passenger. Notwithstanding the ambient air temperature, a driver shall use the air conditioner upon request of the passenger

 

8.5 Prohibited Conduct

 

A driver may not do any of the following: (i) not solicit riders; (ii) not smoke while transporting riders; (iii) not accept additional riders without the consent of the current rider, unless being transported under a shared ride; (iv) not charge fees for any baggage that accompanies the passenger; (v) not use abusive language or be discourteous to passengers; (vi) not operate vehicle where ability or alertness is impaired or likely to become impaired, when fatigued or ill; (vii) not alter route unless requested by the passenger; (viii) not use the words “taxicab,” “taxi,” or “cab” on the exterior of the vehicle; (ix) not accept a ride for compensation other than by a rider arranged through the platform; (x) not solicit or accept street hails, which refers to an immediate arrangement on a street with a driver by a person using any method other than the technology platform to seek immediate transportation; and (xi) not thwart or interfere with an official’s enforcement or oversight of UniRide.

 

8.6 Vehicle Requirements

 

Your vehicle’s brakes, steering mechanism, tires, horn, windshield wipers, side and rearview mirrors, and all lighting devices must be in good working order.  In addition, the following shall apply: (i) no vehicle shall have a "rebuilt" or "salvage" title; (ii) no vehicle shall be greater than ten (10) model years of age; (iii) your vehicle shall be kept clean and orderly during all times of active service; (iv) your vehicle shall not be operated if the top or interior lights or the headlights or taillights are not functioning properly; (v) advertising shall not obstruct the driver's view and shall not obstruct the vehicle's lights; (vi) no vehicle shall have within it, or on its exterior, any sign which encourages, advertises for, or otherwise solicits tips; and (vii) all vehicles shall be inspected online (if allowed by the pertinent governing authorities) or by an American Advanced Technicians Institute ("AATI") or National Institute for Automotive Service Excellence ("ASE") certified master mechanic, or certified automobile technician at a licensed or state-registered auto repair shop.  UniRide may permit you to register your vehicle as a luxury vehicle, which is defined as vehicles five (5) model years of age or newer.  After uploading your vehicle pictures during the registration process, UniRide will determine in its sole and absolute discretion whether your vehicle meets its standards for luxury vehicle.  

 

8.7 Decal Requirements

 

Drivers shall display the UniRide signage or display at all times on the vehicle when accessing or using the Services.  Upon registering with UniRide, we will promptly send you a complimentary decal.  

 

8.8 Adjustments

 

UniRide may withhold or adjust any fee collected on your behalf through the rideshare platform where we reasonably believe that such withholding or adjustment is warranted, e.g. as a result of a complaint from a rider.  

 

9.  Rights Granted and Restrictions

 

9.1 License to use Services

 

Our Services are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.  Subject to your compliance with these Terms, UniRide grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device or computer solely in connection with your use of the Services; (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by UniRide.

 

9.2 License to use User Content

 

By providing User Content to UniRide, you grant UniRide and our affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit and use in any manner in UniRide’s sole and absolute discretion such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services) without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 

9.3 Unauthorized Use

 

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted in writing by UniRide; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. Modification or other unauthorized use of any materials displayed on the Services is a violation of our rights, the rights of our affiliates, and the rights of our third party licensors, and may even violate the civil and criminal law. Without limiting UniRide’s remedies, you agree that you will promptly, within 24 hours, remove any infringing or otherwise objectionable materials from any platform or service if UniRide or its agent requests that you do so, and that you will maintain the ability to remove such content from any platform or service on which you cause it to be placed or with which you cause it to be affiliated.

 

9.4 Intellectual Property

 

Client agrees that the Services are proprietary products and that all right, title and interest in and to the Services, including without limitation, all associated intellectual property rights such as trademarks and copyrights, are and shall at all times remain with UniRide, as licensee, and its third party licensors. The Services and software behind the technology platform may contain trade secret and proprietary information owned by UniRide or its third party licensors.  Client shall not copy or distribute the Services or related software for any purpose.  Furthermore, UniRide retains all ownership and intellectual property rights to anything developed and delivered under the Agreement. As a driver, UniRide hereby grants to you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to display and use the UniRide brand in connection with your performance of the Services; provided, however, that your license terminates upon your breach or termination of these Terms.  

 

9.5 Linking

 

You may establish a hypertext link to our website and Services so long as the link does not state or imply any sponsorship of you or your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of our website or Services, or incorporate into another website or other service any of our material, content or intellectual property.

9.6 No Ownership Rights

 

The Services and all rights therein are and shall remain UniRide’s property.  Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner UniRide’s company names, logos, product and service names, trademarks or services marks.  To that effect, you acknowledge that you do not acquire any ownership rights by using our Services, receiving free samples, or purchasing our products. 

 

10. Third Party Services and Content

 

The Services may be made available or accessed in connection with third party services and content (including advertising) that UniRide does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. UniRide does not endorse such third party services and content and in no event shall UniRide be responsible or liable for any products or services of such third party providers, such as Apple, Google, Square, PayPal, Facebook, WhatsApp, Stripe, Twilio, Checkr or other.  These third parties are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party’s terms of service.

 

11. Updates.

 

It is also your responsibility to check and ensure that you always have downloaded the correct applications to your device. This is particularly important when newer versions of the applications are published. UniRide is not obliged to maintain older versions or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update to the latest version of the applications, especially to be able to use new functions.  UniRide is not liable if you do not have a working data network access or a compatible mobile device or if you download the wrong applications version to your mobile device.

 

12. Installation of Services.

 

You are responsible for the proper installation and functioning of the Services on your devices and the data network access required to be able to use the same, as well as any costs that may arise from the use of the Services and applications. While accessing and using our Services, data and connection fees and charges, e.g. from your mobile network provider, may be incurred, and you are solely responsible for paying them.  In addition, you are responsible for the procurement and updating of compatible hardware, software, and devices, which are necessary for access to the Services and to enable proper updates.  UniRide particularly reserves the right to cancel the Services or cancel the availability of the applications if you use the same with an incompatible or impermissible device. You understand that the Services may from time to time be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

13. Termination.

 

UniRide reserves the unconditional and exclusive right to terminate, change, suspend, or discontinue the Services at any time and for any reason in its sole and exclusive discretion.  In the event of cancellation or termination, you are no longer authorized to access our Services, which include the website and all social media platforms, and all licenses shall terminate.  In the case of termination, UniRide shall have no liability to you in connection with the same.  These Terms and especially all the disclaimers and limitations of liabilities set forth herein shall survive, including the arbitration agreement and the entirety of Sections 15 and 16 herein.  

 

14. Children and Minors.

 

The Services and products are not designed for children under the age of eighteen (18) and as such, we expressly limit the use of Services to adults eighteen or older.  However, we understand that minors, or those under the age of eighteen, may use our Services without our consent or without their parents’ consent.  To that effect, in the event it is discovered that children under 18 years old are using our Services, we will endeavor to delete any information collected from our databases and prohibit them from accessing and using the Services. We encourage parents and legal guardians to help enforce the Terms by supervising your child’s internet activity and monitoring for any potential use of our Services.  In any event, children under the age of eighteen (18), unless emancipated minors or with the express permission of their parents or legal guardian, shall not access our Services. In addition, you may not authorize third parties to use or login to your user account

 

15. Disclaimers; Limitation of Liability

 

15.1    DISCLAIMER; GENERAL

 

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." UNIRIDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UNIRIDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UNIRIDE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF RIDERS AND DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

15.2    Information and Opinions of Others.

 

The information and opinions of others expressed through our Services and application, or elsewhere through other forums related to our Services, are not necessarily those of UniRide. To that effect, we make no representations or warranties regarding the information or opinions of others, even if such information and opinion is express through our Services, application, or platform.  

 

15.3    LIMITATIONS OF LIABILITY.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, UNIRIDE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES (HEREINAFTER “UNIRIDE”) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING THOSE BASED ON ANY CAUSE OF ACTION OR CLAIM RELATING TO THE SERVICES, SUCH AS PERSONAL INJURY OR ILLNESS, LOST PROFITS, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, LOST DATA, FAILURE OF PERFORMANCE, OMISSION, INTERRUPTION, DELETION, COMPUTER VIRUS, UNAUTHORIZED ACCESS, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UNIRIDE, EVEN IF UNIRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

FURTHER, UNIRIDE SHALL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, LOSSES, COSTS OR DAMAGES, OR OTHERWISE, ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF YOUR USE OF OR ACCESS TO THE SERVICES, (II) UNIRIDE’S DISCONTINUATION OF ANY OR ALL ACCESS TO THE SERVICES, OR (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (C) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS, DENIAL OF ACCESS, OR FAILURE TO MAINTAIN OR STORE ANY OF YOUR CONTENT OR OTHER DATA.

 

16. Arbitration Agreement

 

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR PRIVACY POLICY, OR ANY ALLEGED BREACH HEREOF, SHALL BE DETERMINED BY FINAL AND BINDING ARBITRATION, WITH LIMITED EXCEPTION.  However, we encourage use of our open door policy before filing arbitration.  This Arbitration Agreement survives after these Terms or your relationship with UniRide terminates.

 

16.1     Open Door Policy; Pre-Arbitration Dispute Resolution

 

UniRide hopes that all disputes, claims or controversies can be resolved through open communication and without the need for final and binding arbitration. This gives you and us a fair chance to resolve any problems promptly and efficiently.  We take your concerns and problems seriously as we strive to provide a positive experience for our drivers and riders.  To that effect, before initiating arbitration, in the event a dispute, claim, or controversy arises out of or in connection with our Services to you, you must give us notice of such dispute, claim, or controversy, and the relief requested, and state the facts giving rise to the same and your contact information. Drivers and Riders shall not initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. Please send this notice by e-mail to info@unirideus.com    and by U.S. Postal Service Certified Mail, Return Receipt Requested, to UniRide LLC, 7950 NW 53rd Street, Ste. 337, Doral, FL 33166.

 

16.2    Rules Governing Arbitration

 

Arbitration shall be administered pursuant to the consumer arbitration rules of the American Arbitration Association (the “AAA”).  Copies of these rules, as amended, and other pertinent information regarding the arbitration, such as fees and costs, can be found at the AAA website here: www.adr.org.  

16.3    Jurisdiction and Venue  

The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, governs this private dispute process.  The parties agree and acknowledge that final and binding arbitration is proper and that these Terms evidence and all transactions contemplated thereby involve interstate commerce.  In the event the FAA does not apply, the Revised Florida Arbitration Code, Fla. Stat. § 682.01 et. seq., shall apply. All hearings will be held in Miami-Dade County, Florida.  

16.4    Pre-Hearing Procedures

 

Thirty days after the required Pre-Arbitration Dispute Resolution is sent to UniRide as per Section 15.1, a rider or driver may invoke final and binding arbitration by delivering via U.S. Postal Service Certified Mail, Return Receipt Requested, to UniRide LLC, 7950 NW 53rd Street, Ste. 337, Doral, FL 33166, with a copy to UniRide’s registered agent for service of process (name and address available here), c/o UniRide LLC, a completed and signed AAA Consumer Demand for Arbitration Form; other forms can be found here, as applicable: https://www.adr.org/Most-Viewed-Forms.    

 

16.5    Selection of the Arbitrator.  

 

If the claim is not settled, the Parties may select an arbitrator by mutual, written consent. Each candidate must be a licensed attorney in good standing with all courts before which he or she has been admitted to practice, but he or she need not reside in the state in which the hearing is held.  Alternatively, the candidate may be a retired judge.   The proceeding shall be governed by a single arbitrator.  If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

 

16.6    Hearings.

 

The riders and drivers will cooperate with the arbitrator to set the hearing on a mutually convenient date. The hearing may be postponed only by agreement of all parties, or upon order of the arbitrator for good cause shown.  The arbitrator shall follow the Federal Rules of Evidence; provided, however, that if the FAA does not apply, meaning the Revised Florida Arbitration Code will apply, then the arbitrator shall follow the Florida Evidence Code.  The arbitrator shall have power to compel the production of documents, materials, and things within any person’s possession or control and may limit proof or strike claims or defenses as a sanction for contempt. The arbitrator shall have no power to compel attendance of witnesses or testimony, but may draw appropriate inferences from a Party's failure to make available a witness listed by a rider or driver.  The arbitrator may recess the hearing as the interest of justice requires.  The rider and driver shall equally pay the arbitrator's fee and expenses, and the cost of any stenographic transcription of the hearing. Any Party may be represented at the hearing by counsel, but each Party is to bear their own litigation costs and attorney fees.

 

16.7    Award.

 

The arbitrator shall issue a written opinion, and within twenty (20) days from the date the opinion is issued, the parties to the arbitration may apply to the arbitrator to modify or correct the award if there is an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award, or if the award is imperfect as a matter of form not affecting the merits of the controversy. Otherwise, the arbitrator's award shall be final and binding on the parties.  Upon application of any party to the arbitration, a court of competent jurisdiction shall confirm an award. Upon confirmation, the arbitrator's award shall have the effect of a judgment as to all matters which were or could have been contested in the arbitration.

 

16.8    Enforcement.  

 

On application to a court of competent jurisdiction, UniRide may compel arbitration. In any such action, UniRide shall be entitled to dismissal of any civil suit or administrative proceeding, or a portion thereof, which has been commenced by or on behalf of the complainant.  Any contracted Party who agrees to participate in this arbitration, such agreement obtained upon the use of the Services, and subsequently files a lawsuit raising claims which would be subject to the arbitration process, shall be considered in material breach of the Terms, and UniRide shall be entitled to have such lawsuit dismissed, and shall be entitled to recover from you the costs of obtaining dismissal of the lawsuit, including reasonable attorney's fees and costs.

 

16.9    Exception to Binding Arbitration

 

Notwithstanding anything to the contrary herein, this Section shall not apply to any disputes, claims, or controversies regarding intellectual property and the infringement, protection or validity of our trade secrets, copyright, or trademark, and any claims that you choose to pursue in small claims court; however, if in small claims, you must do so individually and not part of class.  

 

16.10   Severability of Arbitration

 

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, then such provision shall be severed from these Terms and the remainder of the Arbitration Agreement shall be given full force and effect.  The severance of such provision from these Terms and Arbitration Agreement shall have no impact on a rider’s or driver’s ability to compel arbitration on any claims subject to arbitration.  

 

17. WAIVERS

 

17.1    JURY TRIAL WAIVER

 

RIDERS AND DRIVERS KNOW AND UNDERSTAND THAT THEY HAVE A CONSTITUTIONAL RIGHT TO A JURY TRIAL. HOWEVER, IN THE EVENT A DISPUTE, CLAIM, OR CONTROVERSY IS FOUND BY A COURT TO BE EXCLUDED BY THESE ARBITRATION PROVISIONS, THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.  

 

17.2    Waiver of Class Action

 

Except as expressly provided herein, any arbitration or court action hereunder shall proceed solely on an individual basis without the right for any claims to be arbitrated or litigated on a class or collective action basis or on a basis involving claims brought in a purported representative capacity on behalf of others or any governmental body or the public.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigns.

 

17.3    Right to Opt-out of Binding Arbitration and Class Action Waiver.

 

You have the right to opt-out and not be bound by this arbitration provision and this class action waiver by sending written notice of your decision to opt-out by e-mail to info@unirideus.com    and by U.S. Postal Service Certified Mail, Return Receipt Requested, to UniRide LLC, 7950 NW 53rd Street, Ste. 337, Doral, FL 33166.  The written notice must be postmarked and emailed within thirty (30) days of your first use of the Services.  Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with UniRide through arbitration; to the contrary, you shall be bound to arbitrate any disputes, claims, or controversies in accordance with these Terms and Arbitration Agreement. If chosen to opt-out, UniRide will likewise not be bound by arbitration.  If you do not affirmatively elect to opt out as described above, your use of the Services shall constitute your irrevocable acceptance of these Terms.

 

18. Indemnity.

 

You agree to indemnify and hold UniRide and its directors, officers, shareholders, managers, members, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) UniRide’s use of your User Content; or (iv) your violation of the rights of any third party for which UniRide is alleged to be liable for.  

 

19. Miscellaneous

 

19.1     Choice of Law; Venue.

 

These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles; provided, however, that arbitration shall be governed by the FAA unless determined not to apply.  Each party irrevocably and unconditionally renounces any objection to venue, which shall be Miami-Dade County, Florida.  

 

19.2    Notices; DMCA.

 

UniRide may give notice to you through its Services to the e-mail, phone number, or address you provided to us.  You may give notices to UniRide, with such notice deemed given when received by UniRide, at any time by e-mail to info@unirideus.com and by U.S. Postal Service Certified Mail, Return Receipt Requested, to UniRide LLC, 7950 NW 53rd Street, Ste. 337, Doral, FL 33166. Regarding the intellectual property rights of others, our designated agent under the Digital Millennium Copyright Act for the receipt of any claims infringement is the same as above; however, we ask that regarding DMCA notices, that you also send a copy to our registered agent.  

 

19.3    Severability and Waiver.  

 

If any provision, sentence, phrase or word of this Agreement or the application thereof to any party or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provision, sentence, phrase or word to that person, shall not be affected thereby.  No consent or waiver, express or implied, with respect to any breach or default shall be deemed to be a consent or waiver with respect to any other breach or default.  

 

19.4    Loyalty and Rewards.  

 

UniRide may offer to its riders and drivers certain incentives and reward as a result of our community’s loyalty to one another.  To receive and get credit for rewards, you must be logged in to the application or Services with your user account. There are no exceptions to this, and rewards will not be retroactively applied to your account in the event you were not logged in or did not follow the rules. UniRide reserves the right to cancel, with, roll back, or nullify the rewards, with or without cause, and in UniRide’s sole discretion.