Thank you for
your interest in Single Riders Only Inc. (referred to as, “Only”, “Company”,
“us”, “we”, or “our” as the context may require). These Terms of Service (the
“Terms”) serve as an agreement between you and us, and set for the terms and
conditions by which you may access and use the Only website and mobile
application(s), (each a “Site”), and our related services, products, and
content (together with the Sites, collectively referred to as the ”Services”).
BY SIGNING UP FOR
A SUBSCRIPTION OR OTHERWISE USING THE SERVICES, WHETHER THROUGH YOUR COMPUTER
OR A MOBILE DEVICE OR MOBILE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE,
AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND THE
YOU MAY NOT SUBSCRIBE TO THE SERVICES IF YOU (A)
DO NOT AGREE TO THE AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS
OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ONLY, OR (C) ARE
PROHIBITED FROM USING THE SERVICES, OR PURCHASING ANY OF THE SERVICES, BY
APPLICABLE LAW.
PLEASE
REVIEW THE DISPUTE RESOLUTION PROVISION SET FORTH BELOW CAREFULLY. YOU ARE
REQUIRED TO RESOLVE DISPUTES WITH ONLY ON AN INDIVIDUAL BASIS THROUGH FINAL AND
BINDING ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT AND THE
CONSEQUENCES THEREOF.
These Terms may be modified without prior written
notice at any time, in our sole discretion. Any changes to the Terms will be in
effect as of the “Last Modified” referenced on the site. We will use
commercially reasonable efforts to generally notify all users of any material
changes to these Terms, such as through a notice on our Site, however, you
should review the Terms regularly for such changes. Your continued use of the
Services after the “Last Modified” will constitute your acceptance of and
agreement to such changes.
1.
Privacy
Policy
Your use of our Services is subject to our Privacy
Policy. Our Privacy Policy describes how we
process personal information, including the types of personal information that
we collect, the purposes for which we use it, the types of third parties with
whom we share it, and any rights you may have with respect to such personal
information. The Privacy Policy also sets forth the types and categories of
personal information you are permitted to provide the Company, and your
responsibilities and obligations with respect to such personal information.
Please review our Privacy Policy carefully. For the avoidance of doubt, any
claims, suits, or complaints related to the Privacy Policy shall be settled or
otherwise addressed in accordance with the dispute resolution terms, and
subject to the limitations of liability, set forth herein, in addition to all
other terms and conditions herein. The Company is based in the United States,
and the personal information that we collect and process is retained and stored
in the United States. You may only access and use our Services if you are
located in the United States of America.
2.
Accessing
the Services and Account Security
To access the Services, you may be required to
create an account and provide certain registration details or other
information. It is a condition of your use of the Services that all the
information you provide is correct, current,
and complete. If you choose, or are provided with, a username, password, or any
other piece of information as part of our security procedures, you must treat
such information as confidential, and you must not disclose it to any other
person or entity. You acknowledge that your account is personal to you and
agree not to provide any other person with access using your username,
password, or other security information. You agree to notify us immediately of
any unauthorized access to or use of your username or password or any other breach
of security. You also agree to ensure that you exit
from your account at the end of each session. You agree that you are solely
responsible (to us and to others) for the activity that occurs under your
account. We have the right to disable any username, password, or other
identifier, whether chosen by you or provided by us, at any time in our sole
discretion for any or no reason, including if, in our opinion, you have
violated any provision of these Terms.
You may choose a subscription plan for the
Services. Monthly subscriptions will automatically renew for an additional term
with the same selections and duration at then-current pricing, and we will
automatically bill the subscription fees to your selected payment method unless
you cancel your subscription before renewal.
Your credit card will be charged in full at the beginning of each subscription
term for the applicable subscription fees. By placing an order, you authorize
Only to bill your payment instrument in accordance with the terms of the
applicable payment plan, as applicable (as well as any applicable taxes), and
you further agree to pay any charges so incurred without offset or deduction.
Subscription fees are non-refundable.
In addition to subscription fees, we may charge
your account for services and/or goods that you purchase from third party
merchants (“Merchants), such as for restaurant reservations, ticketed events,
or other items.
Only uses third party payment processors to
process your payments. Your payment information is subject to the privacy
policy and terms of service of the applicable payment processor. You represent
and warrant that (i) the payment information you supply to us or our service
providers is true, correct and complete, (ii) you are duly authorized to use
such payment method for the purchase, (iii) charges incurred by you will be
honored by your payment method, and (iv) you will pay charges incurred by you
at the posted prices, and all applicable taxes, if any.
Should automatic billing fail for any reason,
Only will notify you via your account or your email address on file. If you
dispute any charges, you must provide written notice to Only within fourteen
(14) days after Only charges your payment instrument. In the event that Only is
unable to charge your payment instrument as authorized when you subscribed to
the Services, Only, may, in its sole discretion, without limiting Only’s other
rights and remedies: (i) seek to update account information through third party
sources (i.e., your bank or payment processor) to continue charging your
payment instrument as authorized by you; (ii) charge interest on the past due
amount at the rate of 3.0% per month calculated daily and compounded monthly
or, if lower, the highest rate permitted under applicable law; (iii) charge any
and all costs incurred by Only in collecting any late payments or interest,
including attorneys’ fees, court costs, and collection agency fees; and/or (iv)
suspend your and your authorized users’ access to any portion or all of the
Services until such amounts are paid in full.
The Services automatically renew according to your selected subscription plan unless changed or terminated by Client prior to the renewal date within your account settings. Only reserves the right to change subscription fees at any time upon thirty (30) days’ notice, provided that the price change will not become effective until renewal of your subscription. If you disagree with the change in price, then you may terminate your subscription before renewal within your account settings at any time prior to the change in price becoming effective. Your continued use of the Services after the price change becomes effective constitutes agreement to pay the changed amount for the duration of your subscription term.
We may periodically offer promotions that may
affect pricing and that are governed by terms and conditions separate from
these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
4.
Third-Party Sites and Merchant Services
The Services contain hypertext links to sites and
applications operated by parties other than Only, including but not limited to,
OpenTable and Ticketmaster. Such links are provided for your convenience only.
We have no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them. Our inclusion of any hypertext links to such sites, applications, or
Merchants does not imply any endorsement of the material on such sites or
applications or any association with their operators. If you decide to access
any of the third-party sites linked to the Services, you do so entirely at your
own risk and subject to the terms and conditions of use for such sites. To the
extent a third-party site offers the sale, purchase or consumption of alcohol,
cannabis, tobacco, gambling or related products, such products are provided
subject to the applicable laws that govern such products, and Only has no affiliation
with or liability related to a third-party site’s offering of such products. If
an event is canceled or postponed, you must contact the applicable Merchant for
information regarding refunds or rescheduled events.
Merchants are solely responsible for their
interactions with you and any and all claims, injuries, illnesses, damages,
judgments, awards, losses, liabilities, costs, expenses, or fees (including
reasonable attorneys’ fees) (collectively “Claims”) suffered by you as a result
of your interaction with or visit to any Merchant or from any promotion, offer,
product or service of any merchant. You must resolve all disputes directly with
the applicable Merchant. To the maximum extent permitted by applicable law, you
hereby release Only and its subsidiaries and affiliates, and their licensors,
service providers, employees, agents, officers, and directors (“Only Entities”)
from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all
rights and benefits under that section and any law of any jurisdiction of
similar effect with respect to the release of any unknown or unsuspected Claims
you may have against the Only Entities pertaining to the subject matter of this
Section 4.
Additionally, Apple Inc., Google, Inc., Microsoft
Corporation or BlackBerry Limited will be a third-party beneficiary to this
Agreement if you access the Services using applications developed for Apple
iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices,
respectively. These third-party beneficiaries are not parties to this Agreement
and are not responsible for the provision or support of the Services in any
manner. Your access to the Services using these devices is subject to terms set
forth in the applicable third-party beneficiary's terms of service, including
any license transferability and other usage rules therein.
5.
Intellectual Property Rights
The Services and its entire contents, features,
and functionality (including but not limited to the “look and feel” of the
applicable site, all information, software, text, displays, images, video, and
audio, and the design, selection, and arrangement thereof) are owned by the
Company, its licensors, or other providers of such material and are protected
by United States and international copyright, trademark, patent, trade secret,
and other intellectual property or
proprietary rights laws. These Terms permit you to use the Services for your
personal, non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the material on our sites, except as
follows: (i) your computer may temporarily store copies of such materials in
RAM incidental to your accessing and viewing those materials, (ii) you may
store files that are automatically cached by your web browser for display
enhancement purposes, (iii) you may print or download one copy of a reasonable
number of pages of our Site for your own personal, non-commercial use and not
for further reproduction, publication, or distribution, (iv) if we provide
desktop, mobile, or other applications for download, you may download a single
copy to your computer or mobile device solely for your own personal,
non-commercial use, provided you agree to be bound by these Terms, as well as
any other end-user agreement for such applications, and (v) if we provide
social media features with certain content, you may take such actions as are enabled by such features.
You hereby acknowledge and agree that you will
not (i) modify copies of any materials from our Services, (ii) use any
illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text, (iii)
delete or alter any copyright, trademark, or other proprietary rights notices
from copies of materials from our sites, and (iv) access or use for any
commercial or competitive purposes any part of our Services. If you print, copy, modify, download, or
otherwise use or provide any other person with access to any part of the
Services in breach of the Terms, your right to use the Services will stop
immediately and you must, at our option, return or destroy any copies of the
materials you have made. No right, title, or interest in or to the Services is
transferred to you, and all rights not expressly granted are reserved by Only.
Any use of the Services not expressly permitted by these Terms is a breach of these
Terms and may violate copyright, trademark, and other laws.
6.
Trademarks
The Only name, logo, and all related names,
logos, product and service names, designs, and slogans are trademarks of Only
or its affiliates or licensors. You must not use such marks without the prior
written permission of Only. All other names, logos, product and service names,
designs, and slogans on our Sites are the
trademarks of their respective owners.
7.
Prohibited Uses
You may use the Services only for lawful purposes
and in accordance with these Terms. You agree not to use the Services: (i) in
any way that violates any applicable federal, state, local, or international
law or regulation (including, without limitation, any laws regarding the export
of data or software to and from the United States or other countries), (ii) for
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content or asking them for personally
identifiable information, (iii) to send, knowingly receive, upload, download,
use, or re-use any material that does not comply with the Community Rules set
out in these Terms, (iv) to transmit, or procure the sending of, any
advertising or promotional material, including any “junk mail,” “chain letter,”
“spam,” or any other similar solicitation, (v) to impersonate or attempt to
impersonate the Company, any Company employee, another user of the Services, or
any other person or entity (including, without limitation, by using email
addresses or screen names associated with any of the foregoing), or (vi) to
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Services, or which, as determined by us, may harm the Company
or users of the Services, or expose them to
liability.
Additionally, you agree not to: (i) use the Sites
in any manner that could disable, overburden, damage, or impair the Services or
interfere with any other party’s use of the Sites, including their ability to
engage in real-time activities through the Sites, (ii) use any robot, spider,
or other automatic device, process, or means to access the Sites for any
purpose, including monitoring or copying any of the material on the Services,
(iii) use any manual process to monitor or copy any of the material on the
Sites, or for any other purpose not expressly authorized in these Terms,
without our prior written consent, (iv) use any device, software, or routine
that interferes with the proper working of the Sites, (v) introduce any
viruses, Trojan horses, worms, logic bombs, or other material that is malicious
or technologically harmful, (vi) attempt to gain unauthorized access to,
interfere with, damage, or disrupt any parts of the Sites, the server on which
a Site is stored, or any server, computer, or database connected to the Sites,
(vii) attack the Sites via a denial-of-service attack or a distributed
denial-of-service attack, and (viii) otherwise attempt to interfere with the
proper working of the Services.
The Services may contain message boards, chat
rooms, personal web pages or profiles, forums, bulletin boards, social media
links, and other interactive features (collectively, “Interactive Services”)
that allow you to post, submit, publish, display, or transmit to other users or
other persons (hereinafter, “post”) content or materials, whether provided to
us directly by you or that you authorized us to access from third parties such
as FaceBook, Google, or Apple (collectively, “User Contributions”) on or
through the Services. User Contributions must
comply with the Community Rules set out in these Terms. Any User Contribution
you post will be considered non-confidential and non-proprietary. By posting
any User Contribution on a Site, you grant us and our affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns, the right to use, reproduce, reformat, incorporate into other works,
advertise, modify, perform, display, distribute, and otherwise disclose to third parties any such material for
any purpose whatsoever. You represent and warrant that you own or control all
rights in and to the User Contributions and have the right to grant the license
granted above to us and our affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns, and all of your User Contributions do and will comply with these
Terms. You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and
you, not the Company, have full responsibility for such content, including its
legality, reliability, accuracy, and appropriateness. We are not responsible or
liable to any third party for the content or accuracy of any User Contributions
posted by you or any other user of the Services.
You acknowledge and agree that any User Contributions you place or that you
authorize us to place on the Services may be viewed by other users and may be
viewed by any person visiting or participating in the Services.
We have the right to remove or refuse to post any
User Contributions for any or no reason in our sole discretion, and to take any
action with respect to any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User
Contribution violates the Terms, including the Community Rules, infringes any
intellectual property right or other right of any person or entity, threatens
the personal safety of users of the Services or the public, or could create
liability for the Company. You acknowledge and agree that we have the right to
disclose your identity or other information about you to any third party who
claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy, and take appropriate
legal action, including, without limitation, referral to law enforcement, for
any illegal or unauthorized use of the Services. We have the absolute right to terminate or
suspend your access to all or part of the Sites for any or no reason
whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing,
we have the right to cooperate fully with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the Services. YOU
WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND
ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER THE COMPANY AND SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot, and do not
undertake to, review material before it is posted on the Sites, and we cannot
ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding
transmissions, communications, or content provided by any user or third party.
We have no liability or responsibility to anyone for performance or
nonperformance of the activities described in
this section.
10.
User Ratings
You acknowledge
and agree that users may provide reviews and feedback about other users in
connection with the Services. Such information is based solely on unverified
data that users voluntarily submit to the Company and does not constitute and
will not be construed as an introduction, endorsement, or recommendation by the
Company. The Company provides such information solely for the convenience of
its users. You acknowledge and agree that user feedback benefits the platform
and all users, and you specifically request that the Company post composite or
compiled feedback about users, including yourself, on the Site. You acknowledge
and agree that feedback results for you, including your user rating, wherever
referenced, and other User Contributions highlighted by the Company on the Site
or otherwise (“Composite Information”), if any, will include user comments,
user ratings, and other feedback provided exclusively by other users. You
further acknowledge and agree that the Company will make Composite Information
available to other users, including composite or compiled feedback.
The Company does
not generally investigate any remarks posted by users or other User
Contributions for accuracy or reliability and does not guarantee that User
Contributions are accurate. The Company is not legally responsible for any
feedback or comments posted or made available on the Site by any users or third
parties, even if that information is defamatory or otherwise legally
actionable. In order to protect the integrity of the feedback system and
protect users from abuse, the Company reserves the right (but is under no
obligation) to remove posted feedback or information that, in the Company’s
sole discretion, violates these Terms, negatively affects our Services,
diminishes the integrity of the feedback system, or otherwise is inconsistent
with the business interests of the Company. You acknowledge and agree that you
will notify the Company of any error or inaccurate statement in your feedback
results, including the Composite Information, and that if you do not do so, the
Company may rely on the accuracy of such information.
11.
Community Rules
You agree to treat other users in a courteous and
respectful manner, both on and off our Services and to be respectful when
communicating with any of our customer representatives or other employees. By
using the Services, you agree that you will not:
●
post any material
that is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory, or otherwise objectionable;
●
use the Services
for any purpose that is illegal or prohibited by these Terms;
●
promote sexually
explicit or pornographic material, violence, or discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age;
●
infringe any
patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person;
●
violate the legal
rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these
Terms and our Privacy Policy;
●
be likely to
deceive any person;
●
promote any
illegal activity, or advocate, promote, or assist any unlawful act;
●
cause annoyance,
inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or
annoy any other person;
●
impersonate any
person, or misrepresent your identity or affiliation with any person or
organization;
●
spam or solicit
money or other items of value from other users, or involve commercial
activities or sales, such as contests, sweepstakes, and other sales promotions,
barter, or advertising; or
●
misrepresent your
identity, age, qualifications, or affiliations;
●
use another
user’s account, or share an account with another person;
●
create another
account if we have previously terminated your account, unless you have received
permission in writing from us.
You acknowledge and agree that Only may
investigate and/or terminate your account without a refund of your subscription
if you have violated these Terms, misused the Services, or behaved in a way
that Only regards as inappropriate or unlawful, including actions or
communications that occur on or off the Services.
12.
Safety; Your Interactions with Other Users
While Only strives to create a positive user
experience, Only is not responsible for the conduct of any users on or off
of the Services. You agree to use caution in all interactions with other users,
particularly if you decide to communicate off the Services or meet in person.
You agree that you will not provide your financial information (for example,
your credit card or bank account information), or wire or otherwise send money
to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS
WITH OTHER USERS. YOU UNDERSTAND THAT ONLY DOES NOT CONDUCT CRIMINAL BACKGROUND
CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. ONLY
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF
USERS. NOTWITHSTANDING THE FOREGOING, ONLY RESERVES THE RIGHT TO CONDUCT –
AND YOU AUTHORIZE ONLY TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER
SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE
PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING
AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT
PURPOSE.
13.
Linking to the Site
and Social Media Features
You may link to our Site, provided you do so in a
way that is fair and legal and does not damage our reputation or take advantage
of it, but you must not establish a link in such a way as to suggest any form
of association, approval, or endorsement on our part without our express written consent. The Site may provide
certain social media features that enable you to: (i) link from your own or
certain third-party websites to certain content on this Site, (ii) send emails
or other communications with certain content, or links to certain content, on
this Site, and (iii) cause limited portions of content on this Site to be displayed or appear to be displayed on
your own or certain third-party websites. You may use these features solely as
they are provided by us and solely with respect to the content they are
displayed with, and otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the foregoing,
you must not do any of the following: establish a link from any website that is
not owned by you to the Site; cause the Site or portions of it to be displayed
on, or appear to be displayed by, any other website; link to any part of the
Site other than the homepage; or otherwise take any action with respect to the
materials on this Site that is inconsistent with any other provision of these Terms. The website
from which you are linking, or on which you make certain content accessible,
must comply in all respects with the Community Rules set out in these Terms. You agree to cooperate with us in causing
any unauthorized framing or linking
immediately to stop. We reserve the right to withdraw linking permission
without notice. We may disable all or any social media features and any links
at any time without notice in our discretion.
THE INFORMATION PRESENTED
ON OR THROUGH THE SERVICES MADE AVAILABLE SOLELY FOR GENERAL INFORMATION
PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS
INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN
RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE
PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS
CONTENTS. The Services may include content
provided by third parties, including materials provided by other users,
bloggers, and third-party licensors, syndicators, aggregators, and/or service
providers. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content
provided by Only, are solely the opinions and the responsibility of the person
or entity providing those materials. These materials do not necessarily reflect
the opinion of Only. We are not responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by any third
parties.
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the internet or
the Site will be free of viruses or other destructive code. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input
and output, and for maintaining a means external to our Site for any
reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL
NOT BE LIABLE, AND YOU WILL NOT SEEK TO HOLD US LIABLE, FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE
OF THE SITE OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SITE OR
TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY MERCHANT SERVICES
OR WEBSITES LINKED TO IT. YOUR USE OF THE
SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE,
INCLUDING BUT NOT LIMITED TO MERCHANT SERVICES, IS AT YOUR OWN RISK. THE SITE,
ITS CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SITE,
INCLUDING BUT NOT LIMITED TO MERCHANT SERVICES, ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO MERCHANT
SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT
DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO
MERCHANT SERVICES, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY
LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT
PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR MERCHANT SERVICES
LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY
TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS LEGALLY
PROHIBITED, THEN TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF THE ONLY ENTITIES, TO ANY PARTY (REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED $100.00.
16.
Indemnification; Governing Law
You agree to fully and completely defend,
indemnify, and hold harmless the Company, its affiliates, licensors, and
service providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors, and assigns from and
against any Claims arising out of or relating to your violation of these Terms
or your use of the Services, including, but not limited to, your User
Contributions, any use of the Site’s content, services, products, or Merchant
Services other than as expressly authorized in these Terms, or your use of any
information obtained from the Services.
These Terms (including the Privacy Policy) shall
be governed in all respects by and construed in accordance with the laws of the
State of Florida, without regard to its conflicts of law principles.
17.
Waiver of Class Action; Arbitration Agreement
YOU AGREE THAT BY ENTERING INTO THESE TERMS OF
USE, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS
AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY
ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
THE COMPANY AND YOU MUTUALLY AGREE THAT ANY
DISPUTES ARISING FROM YOUR USE OF THE SERVICES, OR THESE TERMS (INCLUDING OUR
PRIVACY POLICY), INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR
INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, WILL BE
RESOLVED THROUGH FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION
OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) APPLYING FLORIDA LAW, WITHOUT
REGARD TO ITS CONFLICT OF LAWS RULES. Within ten (10) calendar days after the
arbitration demand is served upon a party, the parties must jointly select an
arbitrator with at least five (5) years’ experience in that capacity and who
has knowledge of and experience with the subject matter of the dispute. If the
parties do not agree on an arbitrator within ten (10) calendar days, a party
may petition the AAA to appoint an arbitrator, who must satisfy the same
experience requirement. In the event of a dispute, the arbitrator shall decide
the enforceability and interpretation of this arbitration agreement in
accordance with the Federal Arbitration Act (“FAA”). The parties also agree
that the AAA’s rules governing Emergency Measures of Protection shall apply in
lieu of seeking emergency injunctive relief from a court. The decision of the
arbitrator shall be final and binding, and no party shall have rights of
appeal, except for those provided in section 10 of the FAA. Each party shall
bear its share of the fees paid for the arbitrator and the administration of
the arbitration. The parties agree that the arbitrator shall not have the
authority to award attorneys’ fees, unless otherwise expressly authorized by statute
or contract. The arbitrator shall have no authority to award punitive damages,
and each party hereby waives any right to seek or recover punitive damages with
respect to any dispute resolved by arbitration. THE PARTIES AGREE TO ARBITRATE
SOLELY ON AN INDIVIDUAL BASIS, AND THESE TERMS OF USE DO NOT PERMIT CLASS
ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS
OR REPRESENTATIVE ARBITRATION PROCEEDING. For the avoidance of doubt, this
section shall be construed as a written agreement to arbitrate a dispute of any
kind between you and the Company that may arise through the use of the
Services, and you hereby agree with us that this paragraph satisfies any
writing or consent requirement of the FAA. Any and all arbitration proceedings
and hearings shall be conducted in Orange County, Florida. Except as required
by law, neither a party nor the arbitrator may disclose the existence, content,
or results of any arbitration without the prior written consent of both
parties, unless to protect or pursue a legal right. If for any reason a dispute
proceeds in a federal or state court rather than in arbitration, the parties
hereby waive any right to a jury trial.
No waiver by the Company of any term or condition
set out in these Terms shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision
under these Terms shall not constitute a waiver of such right or provision. If
any provision of these Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms will continue
in full force and effect.
The Terms and our Privacy Policy constitute the
sole and entire agreement between you and the Company regarding the Services
and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Services.
20.
Changes to the Terms
From time to time, we review these
Terms to ensure that they comply with applicable law. Consequently, we reserve
the right to update and revise these Terms at any time. We will notify you if
these Terms are updated by updating the “Last Updated” section of these Terms.
These Terms are effective as of the “Last Updated” date provided herein. Your
continued use of the Site signifies your consent to the Terms, as of the “Last
Updated” date.
21.
Contact Us
If you have questions regarding these Terms, please
contact us at legal@singleridersonlyapp.com.