Policies, Procedures, Terms and Conditions

SendaRide Terms of Agreement

Fare Calculation Method

SendaRide, Inc. discloses the fare-calculation method on our web portal and within the software application.  We provide Subscribers with an estimated fare before confirming the ride and entering the vehicle.  We also provide the Subscriber with a receipt at the conclusion of the ride detailing the fare-calculation method.

 

Drug/Alcohol Zero Tolerance & Reporting Procedure for Passengers

SendaRide, Inc. maintains a zero-tolerance policy for our Care Partners (drivers) prohibiting both:

  • Drug or alcohol use while either utilizing or accessing our digital platform.
  • Either utilizing or accessing on our digital platform while under the influence of drugs or alcohol.

Upon receipt of a complaint alleging a violation of our zero-tolerance policy, SendaRide will immediately suspend such Care Partner’s access to our platform and conduct an investigation into the reported incident.  The Care Partner’s suspension shall last the duration of our investigation.  Any Care Partner found in violation of this policy shall be immediately prohibited from either accessing or utilizing our platform.

SendaRide, Inc. maintains records of all such complaints and investigations for a period of two years from the date the complaint was received by SendaRide, Inc.

 

Should you reasonably suspect that one of our Care Partners has violated this policy, please contact us at 800-731-1885 or info@sendaride.com

By signing this agreement below, Care Partner agrees that they have reviewed, understand, consent to, and agree to abide by the terms of the SendaRide Drug and Alcohol Use and Testing Policy. A copy of the SendaRide Drug and Alcohol Use and Testing Policy will be provided contemporaneously with this Agreement.

 

Street Hailing

Care Partner agrees they will accept services exclusively through our platform while utilizing our platform. If you observe a Care Partner accepting driving services outside of the platform while utilizing the platform, please contact us at 800-731-1885 or info@sendaride.com

 

Cash Payment Prohibition 

Care Partner agrees they will not solicit or accept any cash payment, including tips, from any passenger or Subscriber.  All payments, including tips, shall be made exclusively through our platform. If you observe a Care Partner accepting any cash payment, please contact us at 800-731-1885 or info@sendaride.com

 

Legal limit on size of personal vehicles used to provide pre-arranged rides

Care Partner agrees they will not provide transportation arranged on our platform in any vehicle with a manufacturer’s designed seating capacity of more than fifteen persons, including the driver, and that they will not transport multiple passengers in numbers exceeding the manufacturer’s designed seating capacity. If you observe a Care Partner using a personal vehicle with seating in excess of fifteen persons, please contact us at 800-731-1885.

 

Legal limit on number of passengers in vehicles

Care Partner agrees they will not provide transportation arranged on our platform in any vehicle with a manufacturer’s designed seating capacity of more than fifteen persons, including the driver, and Care Partners will not transport multiple passengers in numbers exceeding the manufacturer’s designed seating capacity. If you observe a Care Partner transporting multiple passengers in a number in excess of fifteen persons, please contact us at 800-731-1885.

 

Nondiscrimination against passengers 

Care Partners agree that they will not refuse to provide their services on the basis of a person’s destination, race, color, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal, state, or local law. Violation of this provision is grounds for prohibition from accessing or utilizing the SendaRide platform.

 

Accommodation of service animals

Care Partner agrees that they will comply with all federal, state, and local laws governing the transportation of riders with disabilities. This agreement necessarily includes a requirement to accommodate the use of service animals in compliance with accessibility laws. Violation of this agreement is grounds for prohibition from accessing or utilizing the SendaRide platform.

 

No extra charges for service to those with disabilities

Care Partner agrees that they will comply with all federal, state, and local laws governing the transportation of riders with disabilities. Care Partner further agrees that the addition of any charges or fees to accommodate riders with disabilities or service animals that exceed the charges or fees established for riders without disabilities or service animals will be grounds for prohibition from either accessing or utilizing the platform.

 

Method to request wheelchair accessible vehicle

SendaRide, Inc. complies with all state, federal and local laws governing the transportation of riders with disabilities. SendaRide, Inc. incorporates filters within our Subscribers’ profiles to allow them the opportunity to designate that they require a wheelchair accessible vehicle.  SendaRide, Inc. makes every effort to ensure we are able to accommodate riders with disabilities or service animals.  If we are unable to accommodate a rider with a wheelchair we will suggest an alternative provider of wheelchair accessible services, if available.  A violation of this requirement by our Care Partners is grounds for termination from our mobile application platform.

 

Notice to Care Partners as TNC drivers concerning insurance coverage (Section 17 of the OTNC Service Act)

SendaRide, Inc. provides the following insurance coverage, which covers the riders and property damage to vehicles, other than the Care Partner’s vehicle, should an accident occur while the Care Partner is logged on and available or logged on and engaged in a prearranged ride:

  • While a Care Partner (driver) is logged on to SendaRide Inc.’s digital network and is available to receive transportation requests but is not engaged in prearranged rides:
    • $50,000/$100,000/$25,000 liability coverage (per accident), and
    • $50,000/$100,000 uninsured/underinsured motorist (per accident).

 

  • While a Care Partner (driver) is engaged in a prearranged ride:
    • $1,000,000 liability coverage (per accident), and
    • $1,000,000 (per accident) for uninsured/underinsured motorist coverage.

 

Care Partners are responsible for obtaining a ride-share endorsement on the Care Partner’s liability insurance policy.  A Care Partner’s personal automobile insurance policy might not provide any coverage while the Care Partner is logged on to our platform, online and available to receive transportation requests or is engaged in prearranged rides, depending on its terms.

 

Care Partner Criminal Background Checks

SendaRide, Inc. contracts with a third party to conduct the following background investigations:

  • SSN Trace Check (including address verification)
  • Identity Verification
  • National Criminal Check
  • Unlimited County Criminal Checks
  • Sex Offender Check
  • Terrorist Check
  • MVR Driving Record Check
  • Drug screening
  • Physical Examination

 

Periodic Criminal Background Information Updates for Care Partners 

Care Partner agrees that they will submit an application to access and utilize the SendaRide platform which includes his or her address, age, social security number, driver license, motor vehicle registration and automobile liability insurance.  SendaRide, Inc. obtains a motor vehicle background investigation for each applicant.

SendaRide, Inc., contracts with a third party to conduct a local and national criminal background check for each applicant that includes a check of:

  • the Multi-State/Multi-Jurisdictional Criminal Records Locator or other similar commercial nationwide database with validation through a primary source search,
  • the National Sex Offender Registry database; and
  • driving history research report for such individual.

Care Partner acknowledges that SendaRide, Inc. does not permit an individual to act as a Care Partner on our platform who:

  1. Has had more than three moving violations in the prior three-year period, or one major violation, including but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license, in the prior three-year period;
  2. Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, theft, acts of violence, or acts of terror;
  3. Is a match in the National Sex Offender Registry database;
  4. Does not possess a valid driver license;
  5. Does not possess current proof of motor vehicle registration for the motor vehicle(s) used to provide transportation;
  6. Does not possess proof of the automobile liability insurance required by law or rule for the motor vehicle(s) used to provide transportation; or
  7. Is not at least twenty-one (21) years of age.

Care Partner agrees and acknowledges that SendaRide, Inc. performs periodic information updates and re-verifies each Care Partner’s vehicle(s) and motor vehicle insurance, as well as, rechecking each Care Partner’s criminal background and driving record information to ensure continued compliance by each driver of the following items:

  1. They have no more than three moving violations in the prior three-year period, or one major violation, including but not limited to attempting to evade the police, reckless driving, or driving on a suspended or revoked license, in the prior three-year period;
  2. They have no convictions of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, theft, acts of violence, or acts of terror;
  3. They are not a match in the National Sex Offender Registry database;
  4. They continue to possess a valid driver license;
  5. They continue to possess current proof of motor vehicle registration for the motor vehicle(s) used to provide transportation;
  6. They continue to possess proof of the automobile liability insurance required by law or rule for the motor vehicle(s) used to provide transportation.

 

Record Retention Policy

SendaRide, Inc. maintains:

  • Individual trip records for two (2) years from the date each trip was provided; and
  • Care Partner records until the two-year anniversary of the date on which a Care Partner’s activation on our platform has ended.
  • Audio recordings of each ride, from the time a rider is checked in until they are checked out.

 

Compliance with Title 47 Sections 12-101 through 12-415

Care Partners agree that they will comply with Sections 12-101 through 12-415 of Title 47 of the Oklahoma Statutes.  Please click the following link to view a document containing a compilation of these statutes.

 

Car Accidents:

In the event a Care Partner in involved in a car accident, Care Partner agrees that they will be bound by the terms of SendaRide’s Car Accident Policy and Procedure as a term of this Agreement. A copy of the SendaRide Car Accident Policy and Procedure will be provided to the Care Partner contemporaneously with this Agreement.

SendaRide, Inc.

Business Terms and Conditions

Last updated: November 24, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the SendaRide web-based platform (the “Service”) operated by SendaRide, Inc. (“us”, “we”, or “our”). The following terms constitute a binding legal agreement between you and SendaRide, Inc., Inc. These Terms govern your use of our website, www.SendaRide.com (“Site”), our web-based platform (“Application”) and your use and participation in any related services provided through either (the “Services”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

SENDARIDE, INC. DOES NOT PROVIDE TRANSPORTATION SERVICES. INDEPENDENT, THIRD PARTY CARE PARTNERS OFFER TRANSPORTATION SERVICES THAT ARE ARRANGED THROUGH USE OF OUR DIGITAL SERVICES. SENDARIDE, INC. OFFERS INFORMATION AND A METHOD TO ARRANGE SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

BY CLICKING THE CHECKBOX NEXT TO “I AGREE TO THE SENDARIDE, INC. TERMS OF USE”, BY REGISTERING TO USE THE WEB-BASED PLATFORM, OR BY ACCESSING OR USING THE SERVICES, YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (WHICH INCLUDES THESE TERMS AND ANY APPLICABLE SUPPLEMENTAL TERMS); (2) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, ON BEHALF OF THAT COMPANY AND TO BIND SUCH COMPANY TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU WILL NOT BE PERMITTED TO USE THE APPLICATION OR TO ACCESS OR USE THE SERVICES. YOUR CLICKING ON THE CHECKBOX NEXT TO “I AGREE TO THE SENDARIDE, INC. TERMS OF USE” CONSTITUTES YOUR ELECTRONIC SIGNATURE ON THIS AGREEMENT AND YOUR CONSENT TO EXECUTE THIS AGREEMENT ELECTRONICALLY.

THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

Communications

By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

You consent to e-mail and text message/SMS communication from SendaRide, Inc. and other participants in the Services, including Care Partners. We do not charge for this Service. However, you are responsible for all message and data rates that may be charged from your carrier for these messages. You may not opt-out from these messages, as they are necessary for providing the Services. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.

Audio Recordings

You, on behalf of your organization, consent to audio recordings of each ride, from the time the rider is checked in until they are checked out, by SendaRide, Inc. These recordings will not be used for any purposes other than ensuring each ride meets the standards expected of the company or to determine if any misconduct occurred during the ride by either party. Users may request that the company review an audio recording if a question about character or misconduct should arise.

Purchases

When you purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, the business’s credit card number, the expiration date, billing address, and CCV code.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

SendaRide, Inc. charges the actual amount of the service so our charge may vary from the estimation by a factor of +15%. If this occurs, we default to the estimated price and flag it in our administrative system for review.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

SendaRide, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of SendaRide, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You must register for an account on our Site to schedule transportation. You agree not to create an account using a false identity or this information, or on behalf of someone other than yourself. You shall have no ownership or other property interest in your account.

You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form.

You must provide all equipment and software necessary to connect to the SendaRide, Inc. Properties, including but not limited to, an internet accessible device that is suitable to connect with and use the SendaRide, Inc. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the SendaRide, Inc.

You must treat all information about participants in our Services, including profile information about Care Partners and other User Submissions as confidential information. You may use this information only for the purpose of fulfilling your obligations as a participant in the Services, and you may not share this information with any third party.

SendaRide, Inc. has a cancellation policy for transportation and you will be charged if your Rider fails to show and fails to cancel the reservation within the cancellation policy. Please see our Rules and other policies for details on these cancellation policies and applicable fees. SendaRide, Inc. reserves the right to charge you cancellation fees and/or no-show fees. Depending on the services booked and the circumstances of the cancellation or no-show, such fees range from a flat-fee to the full quoted fare. You hereby authorize any such charges and fees.

You agree to fully and accurately complete your Riders’ profiles, and immediately update the form if there are any changes to this information.

You must ensure that their Riders are familiar with and follows all applicable rules.

You will inform the Care Partner of any specific instructions regarding the pickup or drop-off of the Rider.

User will have and maintain all necessary permissions to enable Care Partner to pick up Rider from the applicable pickup location and drop-off Rider at the applicable destination.

User will provide emergency contact information for the Rider on the Profile.

User agrees not to circumvent our Services to interact with a Care Partner outside of our application.

We reserve the right to refuse any potential User or Rider or to suspend or terminate any User’s or Rider’s eligibility to obtain transportation or Rider care services at any time, for any reason.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@sendaride.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at legal@sendaride.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SendaRide, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SendaRide, Inc.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by SendaRide, Inc.

SendaRide, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SendaRide, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless SendaRide, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

You hereby release the Covered Parties from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Application or Services, or (ii) any transportation services arranged as a result of your activities through the SendaRide, Inc. Properties.

Limitation of Liability

In no event shall SendaRide, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SendaRide, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Users shall arrange transportation and/or Rider care services through the Site. Users will input their requests prior to any transportation services and SendaRide, Inc. will endeavor to match the request with an available Care Partner. A RIDE REQUESTED IS NOT A GUARANTEE THAT A RIDE WILL BE ARRANGED OR PROVIDED. Although Users will be notified of the matched Care Partner prior to the transportation services, Users acknowledge that Care Partners may change prior to the transportation.

Care Partners are not covered parties under this agreement. Care Partners are not agents, employees, joint venturers, affiliates, franchisees or partners of SendaRide, Inc. We do not control or have the right to control the Care Partners, except to the extent we have provided them with our policies and procedures. We do not guarantee that a Care Partner will accept a request for transportation. We are not liable for the acts errors, omissions, representations, warranties, breaches or negligence of Care Partners or for any personal injury, death, property damage or other damages or expenses resulting from actions by a Care Partner. We have no liability and will make no refund in the event of any delay, cancellation or any other cause outside of our direct control.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Oklahoma, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

This section contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

a. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by SendaRide, Inc. that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and SendaRide, Inc., and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SendaRide, Inc. should be sent to:13919-B North May Avenue, #210, Oklahoma City, OK 73134. After the Notice is received, you and SendaRide, Inc. may attempt to resolve the claim or dispute informally. If you and SendaRide, Inc. do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

c. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

d. Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

e. Time Limits. If you or SendaRide, Inc. pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

f. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and SendaRide, Inc., and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SendaRide, Inc..

g. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and SendaRide, Inc. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SENDARIDE, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

h. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

i. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

j. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

k. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.

l. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

m. Small Claims Court. Notwithstanding the foregoing, either you or SendaRide, Inc. may bring an individual action in small claims court.

n. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

o. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Oklahoma City, Oklahoma, for such purpose.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When changes are made, we will make a new copy of the Terms available in the Application. We will also update the “Last Updated” date at the top of these Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at legal@sendaride.com

SendaRide, Inc.

Subscriber Terms and Conditions

Last updated: November 24, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the SendaRide web-based platform (the “Service”) operated by SendaRide, Inc. (“us”, “we”, or “our”). The following terms constitute a binding legal agreement between you and SendaRide, Inc., Inc. These Terms govern your use of our website, www.SendaRide.com (“Site”), our web-based platform (“Application”) and your use and participation in any related services provided through either (the “Services”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

SENDARIDE, INC. DOES NOT PROVIDE TRANSPORTATION SERVICES. INDEPENDENT, THIRD PARTY CARE PARTNERS OFFER TRANSPORTATION SERVICES THAT ARE ARRANGED THROUGH USE OF OUR DIGITAL SERVICES. SENDARIDE, INC. OFFERS INFORMATION AND A METHOD TO ARRANGE SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

BY CLICKING THE CHECKBOX NEXT TO “I AGREE TO THE SENDARIDE, INC. TERMS OF USE”, BY REGISTERING TO USE THE WEB-BASED PLATFORM, OR BY ACCESSING OR USING THE SERVICES, YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (WHICH INCLUDES THESE TERMS AND ANY APPLICABLE SUPPLEMENTAL TERMS); (2) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, ON BEHALF OF THAT COMPANY AND TO BIND SUCH COMPANY TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU WILL NOT BE PERMITTED TO USE THE APPLICATION OR TO ACCESS OR USE THE SERVICES. YOUR CLICKING ON THE CHECKBOX NEXT TO “I AGREE TO THE SENDARIDE, INC. TERMS OF USE” CONSTITUTES YOUR ELECTRONIC SIGNATURE ON THIS AGREEMENT AND YOUR CONSENT TO EXECUTE THIS AGREEMENT ELECTRONICALLY.

THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

Communications

By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

You consent to e-mail and text message/SMS communication from SendaRide, Inc. and other participants in the Services, including Care Partners. We do not charge for this Service. However, you are responsible for all message and data rates that may be charged from your carrier for these messages. You may not opt-out from these messages, as they are necessary for providing the Services. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.

Audio Recordings

You, on behalf of your organization, consent to audio recordings of each ride, from the time the rider is checked in until they are checked out, by SendaRide, Inc. These recordings will not be used for any purposes other than ensuring each ride meets the standards expected of the company or to determine if any misconduct occurred during the ride by either party. Users may request that the company review an audio recording if a question about character or misconduct should arise.

Purchases

When you purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, the business’s credit card number, the expiration date, billing address, and CCV code.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

SendaRide, Inc. charges the actual amount of the service so our charge may vary from the estimation by a factor of +15%. If this occurs, we default to the estimated price and flag it in our administrative system for review.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

SendaRide, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of SendaRide, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You must register for an account on our Site to schedule transportation. You agree not to create an account using a false identity or this information, or on behalf of someone other than yourself. You shall have no ownership or other property interest in your account.

You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form.

You must provide all equipment and software necessary to connect to the SendaRide, Inc. Properties, including but not limited to, an internet accessible device that is suitable to connect with and use the SendaRide, Inc. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the SendaRide, Inc.

You must treat all information about participants in our Services, including profile information about Care Partners and other User Submissions as confidential information. You may use this information only for the purpose of fulfilling your obligations as a participant in the Services, and you may not share this information with any third party.

SendaRide, Inc. has a cancellation policy for transportation and you will be charged if your Rider fails to show and fails to cancel the reservation within the cancellation policy. Please see our Rules and other policies for details on these cancellation policies and applicable fees. SendaRide, Inc. reserves the right to charge you cancellation fees and/or no-show fees. Depending on the services booked and the circumstances of the cancellation or no-show, such fees range from a flat-fee to the full quoted fare. You hereby authorize any such charges and fees.

You agree to fully and accurately complete your Riders’ profiles, and immediately update the form if there are any changes to this information.

You must ensure that their Riders are familiar with and follows all applicable rules.

You will inform the Care Partner of any specific instructions regarding the pickup or drop-off of the Rider.

User will have and maintain all necessary permissions to enable Care Partner to pick up Rider from the applicable pickup location and drop-off Rider at the applicable destination.

User will provide emergency contact information for the Rider on the Profile.

User agrees not to circumvent our Services to interact with a Care Partner outside of our application.

We reserve the right to refuse any potential User or Rider or to suspend or terminate any User’s or Rider’s eligibility to obtain transportation or Rider care services at any time, for any reason.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@sendaride.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at legal@sendaride.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SendaRide, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SendaRide, Inc.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by SendaRide, Inc.

SendaRide, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SendaRide, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless SendaRide, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

You hereby release the Covered Parties from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Application or Services, or (ii) any transportation services arranged as a result of your activities through the SendaRide, Inc. Properties.

Limitation of Liability

In no event shall SendaRide, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SendaRide, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Users shall arrange transportation and/or Rider care services through the Site. Users will input their requests prior to any transportation services and SendaRide, Inc. will endeavor to match the request with an available Care Partner. A RIDE REQUESTED IS NOT A GUARANTEE THAT A RIDE WILL BE ARRANGED OR PROVIDED. Although Users will be notified of the matched Care Partner prior to the transportation services, Users acknowledge that Care Partners may change prior to the transportation.

Care Partners are not covered parties under this agreement. Care Partners are not agents, employees, joint venturers, affiliates, franchisees or partners of SendaRide, Inc. We do not control or have the right to control the Care Partners, except to the extent we have provided them with our policies and procedures. We do not guarantee that a Care Partner will accept a request for transportation. We are not liable for the acts errors, omissions, representations, warranties, breaches or negligence of Care Partners or for any personal injury, death, property damage or other damages or expenses resulting from actions by a Care Partner. We have no liability and will make no refund in the event of any delay, cancellation or any other cause outside of our direct control.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Oklahoma, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

This section contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

a. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by SendaRide, Inc. that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and SendaRide, Inc., and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SendaRide, Inc. should be sent to:13919-B North May Avenue, #210, Oklahoma City, OK 73134. After the Notice is received, you and SendaRide, Inc. may attempt to resolve the claim or dispute informally. If you and SendaRide, Inc. do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

c. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

d. Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

e. Time Limits. If you or SendaRide, Inc. pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

f. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and SendaRide, Inc., and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SendaRide, Inc..

g. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and SendaRide, Inc. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SENDARIDE, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

h. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

i. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

j. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

k. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.

l. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

m. Small Claims Court. Notwithstanding the foregoing, either you or SendaRide, Inc. may bring an individual action in small claims court.

n. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

o. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Oklahoma City, Oklahoma, for such purpose.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When changes are made, we will make a new copy of the Terms available in the Application. We will also update the “Last Updated” date at the top of these Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at legal@sendaride.com

SendaRide, Inc.

End-User License Agreement

Last updated: November 24, 2017

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using SendaRide (“Application”).

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and SendaRide, Inc. and it governs your use of the Application made available to you by SendaRide, Inc.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

The Application is licensed, not sold, to you by SendaRide, Inc. for use strictly in accordance with the terms of this Agreement.

License

SendaRide, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

● license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

● copy or use the Application for any purpose other than as permitted under the above section ‘License’.

● modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

● remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SendaRide, Inc. or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of SendaRide, Inc.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to SendaRide, Inc. with respect to the Application shall remain the sole and exclusive property of SendaRide, Inc.

SendaRide, Inc. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Modifications to Application

SendaRide, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

SendaRide, Inc. may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that SendaRide, Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that SendaRide, Inc. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. SendaRide, Inc. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Privacy Policy

SendaRide, Inc. collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at www.sendaride.com. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by you or SendaRide, Inc.

SendaRide, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from SendaRide, Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of SendaRide, Inc.’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold SendaRide, Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, SendaRide, Inc., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, SendaRide, Inc. provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither SendaRide, Inc. nor any SendaRide, Inc.’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of SendaRide, Inc. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of SendaRide, Inc. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall SendaRide, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if SendaRide, Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

For U.S. Government End Users

The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Export Compliance

You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.

In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

Amendments to this Agreement

SendaRide, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of Oklahoma, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.

Contact Information

If you have any questions about this Agreement, please contact us at legal@sendaride.com.

Entire Agreement

The Agreement constitutes the entire agreement between you and SendaRide, Inc. regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and SendaRide, Inc.

You may be subject to additional terms and conditions that apply when you use or purchase other SendaRide, Inc.’s services, which SendaRide, Inc. will provide to you at the time of such use or purchase.

SendaRide, Inc.

Cookies Policy

Last updated: November 24, 2017

SendaRide, Inc. (“us”, “we”, or “our”) uses cookies on the SendaRide mobile application (the “Service”). By using the Service, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

How SendaRide, Inc. uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes:

● To enable certain functions of the Service

● To provide analytics

● To store your preferences

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:

● Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

● Preferences cookies. We may use preferences cookies to remember information that changes the way the Service behaves or looks, such as the “remember me” functionality of a registered user or a user’s language preference.

● Analytics cookies. We may use analytics cookies to track information how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

What are your choices regarding cookies

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

● For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050

● For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835

● For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

● For the Safari web browser, please visit this page from Apple: https://support.apple.com/kb/PH21411?locale=en_US

● For any other web browser, please visit your web browser’s official web pages.

Where can you find more information about cookies

You can learn more about cookies and the following third-party websites:

● AllAboutCookies: http://www.allaboutcookies.org/

● Network Advertising Initiative: http://www.networkadvertising.org/

SendaRide, Inc.

Privacy Policy

Last updated: November 24, 2017

SendaRide, Inc. (“us”, “we”, or “our”) operates the SendaRide mobile application (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information (“Personal Information”). We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.

Audio Recordings

We make every effort to record each ride, from the time the rider is checked in until they are checked out. These recordings are maintained by the Company for a period of time and will not be used for any purposes other than ensuring each ride meets the standards expected of the company or to determine if any misconduct occurred during the ride by either party. Users may request that the company review an audio recording if a question about character or misconduct should arise.

Log Data

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics (“Log Data”).

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.

Please see the section regarding Location Information below regarding the use of your location information and your options.

Location Information

We may use and store information about your location depending on the permissions you have set on your device. We use this information to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your mobile device settings.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Behavioral Remarketing

SendaRide, Inc. uses remarketing services to advertise on third party web sites to you after you visited our Service. We, and our third-party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Service.

● Google

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Do Not Track Disclosure

We support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance with Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction

If SendaRide, Inc. is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Minor’s Privacy

Only persons age 18 or older have permission to access our Service.

If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a minor without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

This Privacy Policy is effective as of August 23, 2016 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us at legal@sendaride.com

SendaRide, Inc.

Return and Refund Policy

Last updated: November 24, 2017

SendaRide, Inc. does not issue refunds once the order is confirmed and the Care Partner is in route to the pickup location.

We recommend contacting us for assistance if you experience any issues receiving or downloading our products.

Contact us

If you have any questions about our Returns and Refunds Policy, please contact us:

● By email: info@sendaride.com

● By visiting this page on our website: www.sendaride.com