Terms of Service
Last Updated: December 18, 2013
THIS CONTRACT INCLUDES AN ARBITRATION PROVISION
Welcome to RidePost. The following terms and conditions (the “Agreement”) form a binding agreement between you (the “User”) and RidePost, Inc. (hereafter referred to as “RidePost”, “we”, “us”, or “our”). RidePost provides an online platform accessible at http://www.RidePost.com and various private subdomains(the “Site”) that connects individuals driving to or through certain destinations (“Drivers”) and those seeking transportation to comparable destinations (“Riders”). For the purposes of this Agreement these services shall collectively be defined as the “Services”. This Agreement describes the terms and conditions that will govern Your use and participation of the Services. The Services include (but are not limited to) (1) the services available under the domain and sub-domains of www.ridepost.com (the "Site") and (2) any RidePost "widget" or service embedded on a third-party website such as a university, company, government agency, event or other organization.
RIDEPOST DOES NOT PROVIDE TRANSPORTATION SERVICES, AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE ARRANGED THROUGH USE OF THE SERVICES. RIDEPOST OFFERS INFORMATION AND A PLATFORM TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
The Site and Services are intended solely for persons who can form legally binding contracts under applicable law. Any access to or use of the Site or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site or Services you represent that you are at least 18 years of age and have the right, authority and capacity to enter into this Agreement and abide by the terms and conditions of this agreement.
RidePost reserves the right to control the access of Users to the Site and Services. RidePost may limit or prohibit access to the Site or Services by Users who are temporarily or indefinitely terminated or suspended by RidePost.
How the Site and Services Work
Available and desired rideshares (“Ride(s)”) may be uploaded on the site by Drivers and Riders creating “Posts”. The Site and Services can be used to facilitate the creation and booking of these Posts. You may view public Posts as an unregistered user to the Site and Services; however if you wish to book or create a Post, you must first register to create a RidePost Account (defined below). As stated above, RidePost provides a platform or marketplace with related technology for Drivers and Riders to meet online and arrange for bookings of Posts. RidePost’s responsibilities are limited to: (i) facilitating the availability of the Site and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF RIDES. RIDEPOST CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RIDES. RIDEPOST IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RIDES AND POSTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
To obtain access to certain features of the Site and to book a Ride or create a Post, Users must register to create an account (“RidePost Account”) and become a Member.
In order to register for the public site at www.ridepost.com, you must link your account with your Facebook Account. You may link your RidePost Account by either: (1) providing your Facebook Account information to RidePost through the Site or Services, or (2) allowing RidePost to access your Facebook Account as is permitted under the applicable terms and conditions that govern your use of Facebook. You represent that you are entitled to disclose your Facebook login information to RidePost and/or grant RidePost access to your Facebook Account without breach by you of any of the terms and conditions that govern your use of Facebook and without obligating RidePost to pay any fees or making RidePost subject to any usage limitations imposed by Facebook. By allowing RidePost to access your Facebook Account, you understand that RidePost will access, make available and store any Content (“Facebook Content”) that you have provided to and stored in your Facebook Account so that it is available on and through the Site and Services via your RidePost Account and RidePost profile page. Unless otherwise specified in this Agreement, all Facebook Content will be considered to be Member Content for all purposes of this Agreement. Subject to the privacy settings that you have set on your Facebook Account, personally identifiable information that you post to Facebook will be available on and through your RidePost Account on the Site and Services. Please note that if your Facebook Account or associated service becomes unavailable or RidePost’s access to your Facebook Account is terminated by Facebook, then Facebook content will no longer be available on and through the Site and Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH FACEBOOK. RidePost makes no effort to review any Facebook Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and RidePost is not responsible for any Facebook Content.
In order to register for RidePost's Private Networks available at various subdomains, you must provide credentials required by the Private Partner for accesss to their closed RidePost community. By providing these credentials, you attest that you are in fact a permitted member of the Private Networks community and providing appropriate credentials for yourself. Once you create a RidePost Account using the permitted Private Partner credentials, you may link your Facebook Account subject to the conditions above.
We will create your RidePost Account and your RidePost Account profile page for your use of the Site based on the personal information you provide to us or that we obtain via Facebook as described above. You may not have more than one (1) active RidePost Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. RidePost reserves the right to suspend or terminate your RidePost Account and your access to the Site and Services if you create more than one (1) RidePost Account or if any information provided during registration process or thereafter is inaccurate, not current or incomplete. You warrant that you will not provide access to your account to any third party and that you will take sole responsibility for any activities or actions under your RidePost Account, whether or not you have authorized such activities or actions. You will immediately notify RidePost of any unauthorized use of your RidePost Account.
As a Member, you may create Posts for desired Rides as a Rider or available Rides as a Driver. To this end, you will be asked to provide a variety of information, including, but not limited to, the location of your departure, the location of your destination, dates of travel, pricing, and related rules and financial terms. Posts will be made publicly available via the Site and Services. Other Members will be able to book your Post via the Site and Services based upon the information provided in your Post. You understand and agree that once another Member requests a booking of your Post, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Posts that you create. Accordingly, you represent and warrant that any Post you create and the booking of a Ride in a Post you create (i) will not breach any agreements you have entered into with any third parties and (ii) will a. be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply including, but not limited to, laws governing use or rent of vehicles and b. not conflict with the rights of third parties.
Please note that RidePost assumes no responsibility for a Rider or Driver’s compliance with applicable laws, rules and regulations. RidePost reserves the right at any time and without prior notice, to remove or disable access to any Post for any reason, including Posts that RidePost, in its sole discretion considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Site or Services.
You understand and agree that RidePost does not act as an insurer or as a contracting agent for you as a Driver or Rider. If a Rider books your Post or accepts your booking of their Post and rideshares with you, any agreement you enter into with such Rider is between you and the Rider and RidePost is not a party thereto.
If you are a Rider or Driver, RidePost makes certain tools available to help you make informed decisions about which Members you choose to confirm for booking your Posts. You acknowledge and agree that as a Rider or Driver, you are responsible for your own acts and omissions and are also responsible for the acts or omissions of any individuals who are in the vehicle at your request or invitation.
RidePost recommends that Drivers obtain appropriate insurance for their vehicles. Please review any insurance policy that you may have for your vehicle carefully, and in particular please make sure you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Riders (and the individuals Riders invite in your vehicle, if applicable) while inside your vehicle or participating in your Ride.
Please note that RidePost does not currently charge fees for the creation of Posts. However, you acknowledge and agree that RidePost reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Posts. Please note that RidePost will provide notice of any Post fee collection via the Site and Services prior to implementing such a Post fee feature.
RidePost does not endorse any Members or any Ride or Post. Although this Agreement requires Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or Content. While RidePost puts reasonable measures in place to help users with their decisions, you are responsible for determining the identity and suitability of others who you contact via the Site and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for the actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from RidePost with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Posts made by you.
Booking and Confirmation Terms for Riders
Please note that the Drivers, not RidePost or its third party partners including universities, corporations or events, are solely responsible for honoring any confirmed bookings and making available any Rides reserved through the Site or Services. If you, as a Rider, choose to enter into a transaction with a Driver for the booking or confirmation of a Ride, you agree and understand that you will be required to enter into an agreement with the Driver and you agree to accept any terms, conditions, rules and restrictions associated with such a Ride as imposed by the Driver. You acknowledge and agree that you, and not RidePost, will be responsible for performing the obligations of any such agreements, that RidePost is not a party to such agreements, and that RidePost disclaims all liability arising from or related to any such agreements.
When a booking is requested via the Site and Services, we will display on your requests page (i) the first name and last name of the Driver who has requested to book your Post, and (ii) a link to the Driver’s RidePost Account’s profile page so that you may view that you can view such information before confirming or rejecting the booking. When you confirm a booking requested by a Driver, RidePost will display a pop-up confirming such booking, and the trip will appear on your "My Rides" section.
You agree that RidePost is not a party in any financial transaction between Riders and Drivers and RidePost disclaims all liability in this regard.
Booking and Confirmation Terms for Drivers
When a booking is requested via the Site and Services, we display on your profile (i) the first name and the last name of the Rider who has requested to book your Post, and (ii) a link to the Rider's RidePost Account’s profile page so that you may view that you can view such information before confirming or rejecting the booking. When you confirm a booking requested by a Rider, RidePost will display a pop-up confirming such booking, and the trip will displayed in your active trips.
Due to the nature of financial transactions, RidePost is not party to any transaction. Drivers and Riders each agree to handle any financial compensation without RidePost involvement. RidePost assumes no liability for any acts or omissions of the Driver or Rider in consideration of any financial transaction or cost associated with a ride.
Ridepost, at its sole discretion may make available promotional offers with different features and different rates to any Users. Promotional offers unless directed to you shall have no bearing on your offer or contract. RidePost may change the fees for Drivers or Riders for the Site and Services as it deems necessary. You are encouraged to check the website periodically to remain informed as to how RidePost charges for Services.
Any fees which RidePost or any third party may charge Drivers and/or Riders for the Services are due immediately and are non-refundable. The no refund policy shall apply at all times regardless of (1) your decision to terminate your usage, (2) our decision to terminate your usage, (3) disruption caused to our Site or Services either planned, accidental or intentional, or (4) any other reason whatsoever. RidePost reserves the right to determine final prevailing pricing for Drivers and/or Riders. Note that pricing information published on the Site may not reflect the prevailing prices for Drivers and/or Riders.
Some Drivers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site and Services to a particular cause or charity. We do not control and will not take any responsibility or liability for, whether the Driver does in fact make the donation he or she pledged to make.
You understand that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. RidePost cannot and does not offer Tax-related advice to any Members of the Site and Services. Please note that each Driver is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes to be collected.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national or other law or regulation, or any order of a court, including, without limitation, vehicle and travel restrictions and tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to assess, “scrape,” “crawl” or “spider” any web pages or services contained in the Site, Services or Content;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by this Agreement;
- copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by this Agreement;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to ridesharing and carpooling
- "stalk" or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an RidePost Driver or Rider;
- offer, as a Driver, any Ride in a vehicle that you do not yourself own or have permission to use and rideshare with;
- offer, as a Driver, any Ride in a vehicle that may not used to transport additional individuals pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a vehicle use, rental or lease agreement;
- register for more than one RidePost Account or register for RidePost Account on behalf of an individual other than yourself;
- contact a Member for any purpose other than asking a question related to a booking, such Member’s Posts or such Member’s use of Site and Services;
- when acting as a Driver, Rider or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to RidePost, without RidePost’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site or Services;
- use the Site and Services to find a Driver or Rider and then complete a booking of an Post transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Commission or Processing Fees related to RidePost’s provision of the Services;
- as a Driver or Rider, submit any Post with a false or misleading price information, or submit any Post with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- iolates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or any individual element within the Site, Services, RidePost’s name, any RidePost trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without RidePost’s express written consent;
- access, tamper with, or use non-public areas of the Site, RidePost’s computer systems, or the technical delivery systems of RidePost’s providers;
- attempt to probe, scan, or test the vulnerability of any RidePost system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RidePost or any of RidePost’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
The Site, Services and Collective Content are protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of RidePost and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.
RidePost Content and Member Content License
Subject to your compliance with the terms and conditions of this Agreement, RidePost grants you a limited, non-exclusive and non-transferable license, to (i) access and view any RidePost Content solely for your personal and non-commercial purposes and (ii) access and view any Member content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RidePost or its licensors, except for the licenses and rights expressly granted in this Agreement.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to RidePost a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. RidePost does not claim any ownership rights in any such Member Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to RidePost the rights in such Member Content, as contemplated under this Agreement; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or RidePost’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that RidePost is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by RidePost of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of RidePost used herein are trademarks or registered trademarks of RidePost. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
RidePost welcomes and encourages Users to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing [email protected] or through the Contact Us (http://www.ridepost.com/contact_us) section of the Site. You acknowledge and agree that all feedback will be the sole and exclusive property of RidePost and you hereby irrevocably assign to RidePost and agree to irrevocably assign to RidePost all of your right, title, and interest in and to all Feedback, including, but not limited to, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At RidePost’s request and and expense, you will execute documents and take such further acts as RidePost may reasonable request to assist RidePost to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
RidePost respects the intellectual property rights of others and expects its users to do the same.
It is RidePost’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, RidePost will respond expeditiously to claims of copyright infringement committed using the the Site and Services that are reported to RidePost’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Services by completing the following DMCA Notice of Alleged Infringement and delivering it to RidePost’s Designated Copyright Agent. Upon receipt of the Notice as described below, RidPost will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Services.
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Services where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
c/o RidePost, Inc.
408 Townes Street Unit 22
Greenville, SC 29601
Termination and RidePost Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (i) terminate this Agreement or your access to our Site and Services, and (ii) deactivate or cancel your RidePost Account.
Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event RidePost terminates this Agreement or your access to our Site and Services or deactivates or cancels your RidePost Account you will remain liable for all amounts due hereunder. You may cancel your RidePost Account at any time via the “Cancel Account” feature of the Services or by sending an email to [email protected]. Please note that if your RidePost Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RIDEPOST DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, DRIVERS AND RIDERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RIDEPOST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RIDEPOST MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE POSTS OR ANY RIDES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RIDEPOST MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MEMBER, POST, RIDE, VEHICLE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RIDEPOST OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DRIVERS OR RIDERS. YOU UNDERSTAND THAT RIDEPOST DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY POSTS,RIDES OR VEHICLES. RIDEPOST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DRIVERS AND RIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RIDEPOST. RIDEPOST EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RIDER, DRIVER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR POST OR BOOKING OF ANY POST VIA THE SITE AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RIDEPOST WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RIDEPOST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR FROM YOUR POSTING OR BOOKING OF ANY RIDE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RIDEPOST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL RIDEPOST AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING OR BOOKING OF ANY RIDE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY RIDE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RIDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A DRIVER, THE AMOUNTS PAID BY RIDEPOST TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RIDEPOST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification You agree to release, defend, indemnify, and hold RidePost and its affiliates and subsidiaries, their officers, directors, employees and agents, and each organization for which RidePost facilitates ridesharing among such organization's students, faculty, staff, employees, consultants, members, event attendees and/or other individuals affiliated with such organization (a "Partner Organization") and any other third parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
- your access to or use of the Site, Services, or Collective Content or your violation of this Agreement;
- your Member Content;
- interaction with any Member,
- booking of an Ride,
- creation of a Post or
- the use, condition or sharing of an Ride by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking of a Post or participation in a Ride.
UNIVERSITY NETWORK DISCLAIMER
In consideration for the voluntary use of the RidePost program, and promising to take due care during such use, you agree to save and hold harmless any of RidePost's University Partners, their Boards of Trustees, employees and agents from any and all liability, claims, losses, demands, actions, debts and attorney's fees arising out of, claimed on account of, or in any manner predicted upon such use, including but not limited to loss or damage to the property of, injuries to, and/or death of user, which may or may not occur in connection to the performance or non-performance of any contract or conditions created thereby; or based upon any violation of any statute, ordinance, or regulation by user or by a third party against the interests of user. You understand that you are solely responsible for any costs arising out of any injury or damage that user may sustain through user’s participation in normal or unusual acts associated with use of the RidePost Services, regardless of whose fault may be the cause of your injuries or damages, EVEN IF CAUSED BY CARELESSNESS OR NEGLIGENCE.
You acknowledge and agree that the inclusion in the RidePost database of any available information related to carpooling opportunities does not in any way constitute a warranty, endorsement, or representation as to the quality, safety, security or other features and characteristics of such carpooling opportunities, including drivers, passengers, or vehicles. You understand and agree that University Partners and their Boards of Trustees disclaim any and all liability or responsibility for problems which may arise or losses which may occur with regard to such carpooling opportunities.
You acknowledge and agree that University Partners do not inspect, review, recommend or endorse any of the drivers, passengers, or vehicles included in the RidePost program database. Users are strongly advised to adequately screen prospective carpoolers in advance of sharing a ride with them.
Further, you hereby indemnify and holds harmless RidePost's University Partners and their Boards of Trustees, and their members, officers, agents, employees, and any other persons or entities acting on their behalf, and the successors and assigns for any and all of the aforementioned persons and entities, against any and all claims, demands, and causes of action whatsoever, whether presently known or unknown, of any person who suffers any injury, disability, death or other harm, to person or property or both, as a result of user’s participation in the RidePost Program.
You acknowledge that you have had sufficient time to review and seek explanation of the provisions contained above, have carefully read them, understand them fully, and agree to be bound by them.
RidePost's University Partners do not inspect, approve or disapprove nor warrant accuracy of listings in the RidePost database. The information listed is subject to change without notice, and has been voluntarily provided.
If you share a Ride with any Driver or Rider who you feel is acting or has acted inappropriately, including but not limited to, anyone who:
- engages in offensive, violent or sexually inappropriate behavior
- you suspect of stealing from you, or
- engages in any other disturbing content
This Agreement constitutes the entire and exclusive understanding between RidePost and you regarding the Site, Services, Collective Content, and any bookings or Posts of Rides made via the Site and Services, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between RidePost and you regarding bookings or listings of Posts, Rides, the Site, Services, and Collective Content.
You may not assign or transfer this Agreement, by operation of law or otherwise, without RidePost’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. RidePost may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by RidePost (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the State of South Carolina and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Greenville County, Greenville, South Carolina or a United States District Court, District of South Carolina located in Greenville, South Carolina for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and RidePost agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and RidePost are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and RidePost otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of South Carolina and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and RidePost otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and RidePost submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. RidePost will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, RidePost will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if RidePost changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of RidePost’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RidePost in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
The failure of RidePost to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RidePost.
Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
RidePost reserves the right, at its sole discretion, to modify the Site or Services or to modify this Agreement, including the Commission, at any time and without prior notice. If we modify this Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this Agreement. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Site and Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.