You may use the Rideski Service through the Rideski iOS mobile phone application. This Agreement applies to your use of the Rideski Service regardless of the method through which it is accessed.
For certain Promotions, additional terms may be applicable, which will be notified to you as part of the sign-up process for such programs.
The Rideski Service enables Users to arrange to use Shared Transport, provides a communications platform and other services related to those shared rides.
Use of the Rideski Service will introduce you to people registered with the Rideski Service for the purposes of Shared Transport or any other service offered by the Rideski Service. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the data Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background etc. We do not verify that a User has met all the eligibility requirements for the Rideski Service or that any other part of a User's profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will Rideski Entities or Rideski Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Rideski Services.
Requirements to Access the Service
• you are at least 18 years of age;
• you have not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence-related offense) ever or any misdemeanor within the past three (3) years.
• you are at least 18 years of age;
• you have a current and valid driver's license;
• you carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered;
• you carry liability insurance that covers bodily injury to all occupants of your vehicle;
• you have no record of convictions for serious driving offenses;
• you are medically fit to act as a Driver;
• you are an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangement.
• you follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use.
Users are advised to check with their insurance provider to ensure that their coverage extends to carpooling and ridesharing. If at any time you do not meet or continue to meet the eligibility requirements listed in this section, you must notify us immediately and you will have no right to use or continue to use the Rideski Service. Rideski reserves the right, in its sole discretion, to refuse or deny access to the Rideski Service to any individual for any reason or no reason. Particular Shared Transport programs may require additional or separate certifications to be made by Riders and Drivers and may require Rideski to conduct background, Motor Vehicle Registration (or similar) or credit checks. Access to such programs is conditional on (i) those certifications being completed and kept up to date, (ii) Rider and Drivers permitting Rideski to perform all relevant checks, including on an ongoing basis and (iii) Rider and Driver informing Rideski of any incidents, accidents or changes of circumstances that may or do affect the results or status of these certifications.
A valid email address and email account is required for using the Rideski Service. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the Rideski Service. Drivers must download the Rideski mobile phone application to use the Rideski Service and must carry their mobile/cell phone with them during Trips in order for the Trips to be registered with the Rideski Service. Drivers are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the Rideski Service, a mobile device with services from a service provider supported by the Rideski Software and a plan which allows you access to Rideski's mobile phone application and SMS capabilities is required. You are responsible for paying all fees that your service provider may charge you for using the Rideski Service through your mobile/cell phone. Should your mobile/cell number or service provider change, please record your updated mobile/cell phone information in the Rideski Service.
User Ratings; Feedback
Users may provide feedback and/or ratings of other Users they have shared a Trip with. Users leaving feedback should ensure that it is fair and accurate. You agree that we may post ratings left by other Users about you on your profile. Rideski does not necessarily actively monitor feedback and ratings left by Users. Rideski retains the right to adjust or delete User feedback that it deems, in its sole discretion, to be inappropriate and disclaims all liability in respect of feedback left by Users.
We are not involved in and in no way responsible for any actual dealings between you and other Users who use the Rideski Service. We will not be a party to disputes, negotiations of disputes between Users. We encourage you to report all disputes with other users to your local law enforcement authorities.
You must not:
• damage, disable, overburden, or impair the Rideski Service (or any network connected to the Rideski Service);
• resell or redistribute the Rideski Service, Rideski Software or any part of it;
• use any unauthorized means to modify, reroute, or gain access to the Rideski Service;
• harm or disrupt another User's computer or illegally access software or bypass security on websites, or servers, including but not limited to spamming;
• Mislead other Users by providing inaccurate information.
• use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Rideski Service.
You agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Rideski Service in any way to:
• Harass, defame, intimidate or threaten another User, person or organization;
• Interfere with another User's rights to privacy;
• Distribute chain letters, surveys or contests;
• Post any material that is defamatory, obscene or indecent;
• Post any trademarks, logos or copyrighted material without the authorization of the owner;
• Post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
• Advertise or sell any goods or services.
You must keep your accounts and passwords confidential and not authorize any third party to access or use the Rideski Service on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You may not disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other User after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.
Site Content; Third Party Sites
You may be able to access third-party websites or services via the Sites or Rideski Service; you acknowledge that we are not responsible for such websites or services or content that may be available there.
The Rideski Service and Rideski Software are the property of Rideski, Inc., and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Rideski Service and Rideski Software are proprietary to Rideski, Inc. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Rideski Service or Rideski Software; all rights not expressly granted are reserved by Rideski. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Rideski Service or Rideski Software by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party.
If you provide or communicate any suggestions for improvements to the Rideski Site, the Rideski Service or the Rideski Software (collectively, "Feedback"), you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation.
Service Availability; Exclusion of Warranties
We will use all reasonable efforts to provide the Rideski Service in a reliable and secure way - however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will Rideski/Rideski Entities or Rideski/Rideski Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE Rideski SERVICE IS PROVIDED ON AN "AS IS" BASIS "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, Rideski/Rideski ENTITIES, Rideski/Rideski PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Rideski SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. Rideski DOES NOT WARRANT THAT THE OPERATION OF THE Rideski SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. Rideski's entire liability and your exclusive remedy for errors or unavailability of the Rideski Service will be, at Rideski's discretion, to attempt to correct or work around errors, to correct or modify documentation of the Rideski Service.
Modifications To Services
Rideski reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, all or any part of the Rideski Services, in its sole discretion. You agree that Rideski/Rideski Entities or Rideski/Rideski Partners will not be liable to you for any modification, suspension or discontinuance of the Rideski Services.
Term and Termination.
This Agreement begins on the date you complete your registration for the Rideski Service and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at firstname.lastname@example.org. We may terminate this Agreement or suspend your User account and/or access to the Rideski Service at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Rideski Service and your User account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive.
You agree to release Rideski/Rideski Entities and Rideski/Rideski Partners from all claims, demands and damages (actual, threatened; consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any service provided by the Service. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
In no event shall Rideski/Rideski Entities or Rideski/Rideski Partners be liable for damages, including direct damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages. Rideski/Rideski Entities' or Rideski/Rideski Partners' total liability to you in connection with any use of the Rideski Service or any dispute arising out of this Agreement will not, for any reason, exceed $100 (USD).
You agree to indemnify and hold Rideski/Rideski Entities and Rideski/Rideski Partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Rideski Service.
Notices: All notices shall be made in writing to Rideski Inc, 161 W. 22nd Street, 3rd Floor, New York, NY 10011 Law: This agreement shall be governed in all respects by the laws of New York. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference only and in no way define this agreement. Our failure to act on a breach by you or any third party does not waive our right to act in accordance with this agreement. Copyright Rideski, Inc. Last revised: November 2016 Rideski reserves the right to use all content created by users within the application for promotional purposes.
Rideski Web Site Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Rideski MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Rideski, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Rideski a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to Rideski by all means and in any media now known or hereafter developed. You also grant to Rideski the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Rideski for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Rideski.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Rideski. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Rideski, Rideski does not operate, control or endorse any information, products or services on the Internet in any way. Except for Rideski- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Rideski
a. You also understand that Rideski cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Rideski PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Rideski SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Rideski DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Rideski HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Rideski BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Rideski OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Rideski LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Rideski makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Rideski web site, please understand that it is independent from Rideski, and that Rideski has no control over the content on that website. In addition, a link to a Rideski website does not mean that Rideski endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless Rideski, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Rideski and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Rideski and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Rideski's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Rideski may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Now that you are through all the boring stuff, pack up your skis and board and enjoy the ride.
If you have any questions regarding any legal aspect of this site disclaimer, please send us an e-mail at email@example.com
WARNING AND NOTICE
Rideski is an open platform with unrestricted access. Neither Rideski nor our Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Rideski services) have conducted background investigation or review of any kind or type, including without limitation driver's license checks, insurance checks, criminal records checks, sex offender status, or otherwise. If you decide to participate, you assume all risks for using this platform and/or participating in the Rideski program.
As a voluntary user of the Rideski Software, you agree that neither Rideski nor Rideski's Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Rideski services), nor any of their respective employees, contractors, members, agents and officers shall be liable or responsible in any way for any personal injury, loss or other harm to you or your property resulting from my participation in the Rideski program and you further agree to release, discharge, hold harmless, and forever acquit this website's and application's sponsors, Rideski or Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Rideski services) from any and all actions, causes of action, claims or any liabilities whatsoever, known or unknown, now existing or which may arise in the future, on account of or in any way related to or arising out of my participation in the programs.
I acknowledge that participation in Rideski, a carpool, vanpool, or any Shared Transport is an individual decision and that I am responsible for my operation of, or participation in Rideski. I understand that this website's and smartphone application's sponsoring agencies and private businesses shall have no responsibility or liability for any claims, expenses or damages resulting from any individual's participation in Rideski, a carpool, vanpool, or any other Shred Transport.
Rideski, program sponsors and Trusted Partners cannot, and do not, assess the suitability of Participants or other Rideski users to engage in ride sharing. Rideski has little or no control over and does not take any measures to independently verify the truth or accuracy of the data provided by Participants, their ability to drive legally and safely, the condition of their vehicles, or their criminal background. Background or other checks are rarely performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. As a User, you are solely responsible for selecting the individuals and/or entities with whom you travel and you do so entirely at your own risk. If you do not feel comfortable sharing a ride for any reason, you should and are responsible for using another means of transportation.
You acknowledge and agree that under no circumstances will Rideski, program sponsors and Trusted Partners have no responsibility, liability or obligation with respect to your use of the Rideski Service, including but not limited to: a) operating Rideski's software products and interfaces, b) communicating and coordinating with other Participants or Rideski Service users, c) sharing vehicle trips with other Users, and d) ordering and taking a taxi cab ride.
I acknowledge that giving personal information, including addresses and contact information is a personal decision that may affect my personal security. I understand that giving such information to anyone, including individuals I may contact through services such as this, requires care and taking reasonable safeguards to assure my safety and the security of my personal information. I understand Rideski uses online and offline media to publish updates about the program. Rideski will send you regular emails and/ or phone messages to invite you to use the Rideski Service, and to help match you with people along your route. You will also have the ability to interact online with other Participants through the Website, a Facebook page, Twitter, and other media that will be made available by Rideski for that purpose. Your personal information may be used in one of the following ways:
• To sign you up as a Rideski Service User.
• To send periodic, targeted emails or phone messages. You can unsubscribe from such communications at any time by following instructions that are provided in each email, by altering the notification settings in the Rideski smartphone application, or by sending an email to firstname.lastname@example.org.
• To publish your profile as a Participant, including pictures and status updates that you willingly share with Rideski, and your Rideski Service usage summary, on our Website, Facebook page and Twitter.
• To administer the Incentive Plan.
• To help participants use the Rideski app and find carpool matches.
• To compile aggregated statistics about participation in program and usage of the Rideski Service.
• To use in pilot for research purposes about your travel behavior