TERMS AND CONDITIONS
Effective Date: These Terms were last updated on June 18, 2021.
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.
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
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
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
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
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. Driver Addendum
7.1 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 weekly subscription. After purchasing a weekly 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.
7.2 Our Fees
We charge drivers a flat-fee of $49.00 per week 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 fees for accessing the platform, but you will be charged the $49 weekly fee for accepting your first ride of the week.
7.3 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 and/or per distance 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 will then pay you weekly by electronic, bank-to-bank transfers (ACH). You are also permitted to receive tips, whether in cash or through the Services, and these tips are in addition to any transportation fees paid to you from the riders.
7.4 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 requires 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
7.5 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.
7.6 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 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.
7.7 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.
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.
8. Rights Granted and Restrictions
8.1 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.
8.2 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.
8.3 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.
8.4 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.
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.
8.6 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.
9. Third Party Services and Content
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.
11. 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.
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.
13. 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
14. Disclaimers; Limitation of Liability
14.1 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.
14.2 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.
14.3 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.
15. Arbitration Agreement
15.1 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 email@example.com and by U.S. Postal Service Certified Mail, Return Receipt Requested, to UniRide LLC, 8300 NW 53rd Street 350 Doral, FL 33166.
15.2 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.
15.3 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.
15.4 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, 8300 NW 53rd Street 350 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.
15.5 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.
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.
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.
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.
15.9 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.
15.10 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.
16.1 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.
16.2 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.
16.3 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 firstname.lastname@example.org and by U.S. Postal Service Certified Mail, Return Receipt Requested, to UniRide LLC, 8300 NW 53rd Street 350 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.
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.
18.1 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.
18.2 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 email@example.com and by U.S. Postal Service Certified Mail, Return Receipt Requested, to UniRide LLC, 8300 NW 53rd Street 350 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.
18.3 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.
18.4 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.