![]() |
||||
| ||||
| Life is a Journey. Share it. |
|
| Ridester Terms and Conditions | ||
|---|---|---|
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH YB VISIONS, LLC OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the "Agreement" or "User Agreement") for Ridester.com, a website owned and operated by YB Visions, LLC, a Texas limited liability company, whose principal office is located at 8181 Fannin St. Suite 1137, Houston, Texas 77054. This User Agreement is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and YB Visions, LLC. (“Ridester,” “Ridester.com,” “We,” “Us” or “Our”). This Agreement describes the terms and conditions that will govern your use and participation of the services available under the domain and sub-domains of www.ridester.com (the "Site"). Ridester.com is an online service that provides a venue to enable persons who seek transportation to certain destinations (“Riders”) to find and choose persons driving to or through those destinations (“Drivers”). In conjunction with this online venue for riders and drivers, Ridester.com also provides an escrow service for the collection of fees paid to Drivers by Riders. (For purposes of this Agreement these services shall collectively be defined as the "Services"). Please read this Agreement carefully before registering for the Services that the Site provides. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may register for any of the services provided through the Site. By registering for any of the Services, you become a User of all Services available on the Site (“Participant” or “User”) and you agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. We strongly recommend that, as you read this User Agreement, You also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to You as a Participant. This Agreement may not be otherwise amended except in a writing signed by You and YB Visions, LLC. 1. ELIGIBILITY: Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, you represent and warrant that you are at least 18 years old. By using the Site or the Services, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in the Service is for Your sole, personal use. You may not authorize others to use Your user status, and You may not assign or otherwise transfer Your account to any other person or entity. 2. REGISTRATION AND FEES: To access the Services on Ridester.com, you must register for the Service. Registration on Ridester.com is free. It is also free to list trips and search trips. If and when a Driver is matched with a Rider of the Rider’s choosing, the Rider shall pay Ridester.com a $2.00 ticket fee (“Ticket Fee”). The Rider shall also pay a fee to the Driver for transportation services rendered (the “Driver’s Fee”), to be held in escrow by Ridester on behalf of the Driver until after services are rendered. We shall also charge 9.5% of the Driver’s Fee to the Driver as a processing fee (“Processing Fee”) for handling and transferring the Driver’s funds. (Collectively, the Ticket Fee, Driver’s Fee, and Processing Fee shall be defined as “the Fees”). Drivers and Riders will have an opportunity to review and accept the Fees that will be charged. We may change our Fees Policy and the Fees for our services from time to time. Our changes to the policy are effective after we provide You with at least thirty (30) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees Policy and the Fees for our Services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our Services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all Fees are quoted in U.S. Dollars. You are responsible for paying all Fees associated with using our Services and the Site and all applicable taxes which may vary by state or jurisdiction. 3. TERM AND TERMINATION: This Agreement is effective
upon acceptance in registration for new Users and for all Users upon the
posting dates of any subsequent amendments to this Agreement. You may
terminate your participation in the Services at any time, for any reason
by following the Notice of Termination instructions on the Site, or upon
receipt by Us of Your written or email notice of termination. Either You
or We may terminate your participation in Ridester by removing Your Information
at any time, for any reason, without explanation, effective upon sending
written or email notice to the other party. Upon such termination by Us,
We shall refund, pro rata, any unused portion of any Fees that have been
received from You, as well as any Driver’s Fees being held in escrow
that are due to you. However, We shall not be liable to You for any refund
of any unused portion of any Fees and may continue to bar Your use of
the Service in the future provided that in the event that We determine,
in our sole discretion, that there has been any breach of this Agreement
by You. Even after your participation in Ridester is terminated, this
Agreement will remain in effect. 5. RESTRICTED ACTIVITIES. You agree that you will use
the Services in a manner consistent with any and all applicable laws and
regulations. We reserve the right, but are not obligated to investigate
and terminate your participation in Ridester if You have misused the Site
or the Services, or behaved in a way which could be regarded as inappropriate
or whose conduct is unlawful or illegal. (a) Impersonate any person or entity; (b) "Stalk" or otherwise harass any person; (c) Express or imply that any statements you make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Service; (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so. (ii.) You further agree that Your Information and your interactions on the Site shall not: (a) be false, inaccurate or misleading;(b) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the Your registration and My Ridester section; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for us; and (j) link directly or indirectly to any other websites. You further agree that You will not transfer, use, or sell Your Ridester.com account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions and we shall not refund Your Ticket Fees, Processing Fees, or any Driver’s Fees held in escrow. 6. PROPRIETARY RIGHTS: You warrant and represent to Us that Your Information is posted by You and that You are the sole author of Your Information. To enable Ridester to use Your Information without violating any rights you might have in such information, You automatically grant, and you represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your Information, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to Your Information. Ridester will only use Your Information in accordance with our Privacy Policy. In addition, other Participants may post copyrighted information on the Site, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Participants on the Site. 7. INFORMATION CONTROL: We cannot verify or guarantee the accuracy of the information Users provide us when they register on the Site, and We do not control the information provided by other Users that is made available through our system. Therefore, Ridester.com cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and Ridester is not responsible for the acts or omissions of users on the Site. In order to help you evaluate with whom you are dealing, Ridester.com offers a user-initiated feedback and rating system as defined below. We also encourage you to communicate directly with each potential Driver or Rider prior to engaging in a planned transportation service. 8. FEEDBACK: Feedback is a Participant-initiated system
on Ridester.com that allows Drivers and Riders to rate and evaluate other
Ridester.com Participants, designed for the purpose of facilitating a
better match experience. Feedback does not reflect the opinions or endorsements
of Us. By registering as a Participant, You agree to the following: 9. RIDESTER E-MAIL COMMUNICATIONS: E-mail communications sent from Us or through Us are designed to make Your Ridester experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails informing you about potential available Drivers or Riders and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. If You do not wish to receive any of our e-mail communications, you many request to opt out in your My Ridester preferences. 10. INTELLECTUAL PROPERTY: All intellectual property rights on the Site and in the Service shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in this website are the property of their respective owners. 11. INDEMNITY: You will defend, indemnify, and hold
Us and Our officers, directors, employees, agents and third parties harmless,
for any losses, costs, liabilities and expenses (including reasonable
attorneys' fees) relating to or arising out of Your use of the Service,
including: 12. ONLINE CONTENT DISCLAIMER: Opinions, advice, statements,
offers, or other information or content made available through the Service,
but not directly by Us, are those of their respective authors, and should
not necessarily be relied upon. Such authors are solely responsible for
such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY INFORMATION ON THE SERVICE AND NEITHER DO WE ADOPT NOR ENDORSE
NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES
WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S
RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED
TO PARTICIPANTS. 13. OTHER DISCLAIMERS: 14. LIMITATION OF LIABILITY: IN NO EVENT WILL WE, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE
TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS
OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED
OR TRANSMITTED BY OUR SERVICE, SERVICE INTERRUPTIONS, OR FOR THE COST
OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION
WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15. COMPLAINTS: To resolve a complaint regarding the Service, You should first contact Us via Our Contact Us link at the bottom of Our Site. 16. RELEASE: In the event that You have a dispute with one or more Users, You agree to release Ridester.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Site or the Services. 17. INFORMATION CONTROL: We do not control the information provided by other Users that is made available through our system. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and Ridester is not responsible for the acts or omissions of users on the Site. 18. BREACH: Without limiting other remedies, we may terminate your Participation, remove Your Information, warn our community of your actions, issue a warning, and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) if we suspect that you have engaged in fraudulent activity in connection with the Site or the Services. 19. RESOLUTION OF DISPUTES AND LEGAL CLAIMS. You and We agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in Travis County, Texas. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 20. PRIVACY: We do not sell or rent Your Information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. You may review our current Privacy Policy at any time by clicking the Privacy Policy link at the bottom of Our Site.. If you object to your Information being transferred or used in this way, please do not use or access our Services. 21. NO AGENCY: You and Ridester are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. 22. NOTICES: Except as explicitly stated otherwise, any notices to Ridester shall be given by certified mail, postage prepaid and return receipt requested to YB Visions, LLC., 8181 Fannin St. Suite 1137, Houston, Texas 77054, and any notices to You shall be given to You via the email address you provide to Ridester.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Ridester.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 23. GENERAL: This Agreement shall be governed by the
laws of the State of Texas without regard to choice of law principles.
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated agreements may be automatically
assigned by YB Visions, LLC. in our sole discretion in accordance with
the "Notices" section of this Agreement. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope
or extent of such section. Our failure to act with respect to a breach
by you or others does not waive our right to act with respect to subsequent
or similar breaches. This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof. Sections
referring to Fees, Services, Licenses, Liability Limit, Indemnity, and
Resolution of Disputes shall survive any termination or expiration of
this Agreement. |
||
|
|||
| Copyright © 2007 YB Visions, LLC. | |||