THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH ZIMRIDE INC. OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for Zimride, a website owned and operated by Zimride Inc., a Delaware corporation, whose principal office is located at 600 Corporate Park Dr., Saint Louis, MO 63105. This User Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and Zimride Inc. ("Zimride," "Zimride.com," "We," "Us" or "Our").
Zimride.com is an online service that provides a venue to enable persons who seek transportation to certain destinations ("Riders") to find and choose persons driving to or through those destinations ("Drivers"). For 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.zimride.com (the "Site") and (2) any Zimride "widget" or service embedded on a third-party website such as a university, company, or other organization.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a User of all Services available on the Site ("Participant" or "User") and You agree to be bound by the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective when initially posted on the Site. We strongly recommend that, as You read this User Agreement, You also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to You as a Participant. This Agreement may not be otherwise amended except in a writing signed by You and Zimride, Inc.
ZIMRIDE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND ZIMRIDE 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. ZIMRIDE OFFERS INFORMATION AND A METHOD 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.
Any fees which Zimride or any third party may charge Drivers and/or Riders for the Services are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of (i) Your decision to terminate Your usage, (ii) Our decision to terminate Your usage, (iii) disruption caused to Our Services either planned, accidental or intentional, or (iv) any other reason whatsoever. Zimride reserves the right to determine final prevailing pricing for Drivers and/or Riders. Please note the pricing information published on the website may not reflect the prevailing pricing for Drivers and/or Riders.
Zimride, at its sole discretion, may make available promotional offers with different features and different rates to any of Our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. Zimride may change the fees for Drivers or Riders for Our Services as we deem necessary for Our business. We encourage you to check our website periodically if You are interested in keep abreast of how We charge for the Services.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the Site or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by You or Zimride for accessing the Service. You are solely and fully responsible for all activities that occur under Your password or account. Zimride has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
This Agreement is effective upon use of the Site or Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason by following the Notice of Termination instructions on the Site, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in Zimride by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us, We will remove all of Your information from our servers. We maintain sole discretion to bar Your use of the Service in the future, for any or no reason. Even after Your participation in Zimride is terminated, this Agreement will remain in effect.
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in Zimride if You have misused the Site or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. (i.) With respect to Your participation on the Site or through the Services, You agree that You will not: (a) Impersonate any person or entity; (b) "Stalk" or otherwise harass any person; (c) Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Service; (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so; or (l) use the Services in connection with any commercial endeavors whatsoever without the express prior written consent of Zimride. (ii.) You further agree that Your Information and Your interactions on the Site shall not: (a) be false, inaccurate or misleading;(b) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for us; and (j) link directly or indirectly to any other websites. You further agree that You will not transfer, use, or sell Your Zimride.com account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
We cannot verify or guarantee the accuracy of the information Users provide us on the Site, and We do not control the information provided by other Users that is made available through our system. Therefore, Zimride.com cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, You agree to accept such risks and Zimride is not responsible for the acts or omissions of users on the Site. In order to help You evaluate with whom You are dealing, Zimride.com can link to a user's Facebook.com profile if they supply us with their Facebook.com account information. We also encourage You to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
E-mail communications sent from Us or through Us are designed to make Your Zimride experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails informing You about potential available Drivers or Riders and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. If You do not wish to receive any of our e-mail communications please do not use the Service.
All intellectual property rights on the Site and in the Service shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in this website are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of Zimride. Zimride shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Zimride.com respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Zimride.com's Copyright Agent at Zimride Inc., 600 Corporate Park Dr., Saint Louis, MO 63105:
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents, each organization for which Zimride facilitates ridesharing among such organization's students, employees, consultants, members and/or other individuals affiliated with such organization (a "Partnering Organization") and any other third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including: (a) Your breach of this Agreement or the documents it incorporates by reference; or (b) Your violation of any law or the rights of a third party, including, without limitation, any allegation that any materials that You submit to Us or transmit to the Service or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the service and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to participants. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the service. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the service and in Your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
We, our subsidiaries, officers, directors, employees and our suppliers provide the Site and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Site and/or the Services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Service will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Service will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by Zimride.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site or in connection with any Content. Zimride is not responsible for the conduct, whether online or offline, of any user of the Site or Service. It also is possible for others to obtain personal information about You due to Your use of the Site or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Site or through the Services. You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Site or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). Zimride.com only offers a venue that enables drivers and riders to match with each other. Zimride.com does not offer transportation services and Zimride is not a transportation company. We are not involved in the actual transportation services between Drivers and Riders. As a result, we have no control over the quality or safety of any vehicle or of the transportation that occurs as a result of this rideshare venue service; nor do we have any control over the truth or accuracy of the of Participants' information listed on Zimride.com. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. Zimride does not verify the status of the driver’s license, review the driving record, or review the criminal record of any driver. Zimride does not verify the status or sufficiency of any automobile insurance coverage maintained by a driver or applicable to the car being utilized. We reserve the right to change any and all Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Zimride.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Zimride assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Zimride is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS SCREEN THE PARTICIPANTS USING THE SERVICE IN ANY WAY. AS A RESULT, NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF THE SITE OR THE SERVICES, OR INTRODUCED TO YOU VIA THE SITE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERING ORGANIZATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To resolve a complaint regarding the Service, You should first contact our Customer Service Department by email at email@example.com.
In the event that You have a dispute with one or more Users, You agree to release Zimride.com (and our officers, directors, agents, subsidiaries, joint ventures, Partnering Organizations and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Site or the Services. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Without limiting other remedies, we may terminate Your Participation, remove Your Information, warn our community of Your actions, issue a warning, and refuse to provide our services to You if: (a) You breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information You provide to us; (c) we believe that Your actions may cause financial loss or legal liability for You, our users or us; or (d) if we suspect that You have engaged in fraudulent activity in connection with the Site or the Services.
You and We agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Site and/or the Service (including Your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
You and Zimride are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to Zimride shall be given by certified mail, postage prepaid and return receipt requested to Zimride Inc., 600 Corporate Park Dr., Saint Louis, MO 63105, and any notices to You shall be given to You via the email address You provide to Zimride.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Zimride.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Zimride, Inc. in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.