Terms & Conditions
Terms & Conditions
LAST UPDATED DATE: 6/22/24
TERMS AND CONDITIONS
WELCOME TO RIDEQWEST.
The following Terms and Conditions (“Terms” or “Agreement”) constitute a legally binding agreement between You ("You", "your", "yours") and Rideqwest, LLC ("Rideqwest", "we", "us", or "our") governing your access to and use of the Rideqwest websites, mobile and web applications, content, products, customer support services and all related services (collectively, the "Rideqwest Platform" or "Services"). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND RIDEQWEST CAN BE BROUGHT, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 29 WHICH REQUIRES YOU TO RESOLVE ALL DISPUTES WITH RIDEQWEST ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED IN SECTION 29 BELOW). By using the Rideqwest Platform, you hereby confirm that You have read and understand the Terms and You agree to be legally bound by them. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE RIDEQWEST PLATFORM.
ADDITIONAL TERMS
By using or accessing the Rideqwest Platform, You also agree to any additional terms, rules and policies, including, but not limited to the Privacy Policy which you can find at https://www.rideqwest.com/privacy.
Any Additional Terms will be deemed a part of these Terms for purposes of any applicable offer or service, but if any Additional Terms conflict with these Terms, the Additional Terms (and not these Terms) will prevail.
1. MODIFICATIONS TO THE AGREEMENT
We reserve the right to modify this Agreement or impose new terms and conditions at any time in our sole discretion. Modifications to the Agreement (“Term Modifications”) shall take effect following their publication. We encourage You to visit this page periodically to review the most current Terms as they may impact your rights and responsibilities. Your continued use of the Rideqwest Platform or access to our Services after we post the Term Modifications shall constitute your binding acceptance of the Terms.
We will notify You of any such change to the Terms by changing the “Last updated date:” at the top of the Terms. We may also provide an additional notice of changes by email or text message communication, or by providing notice through the Rideqwest Platform.
2. SCOPE OF SERVICES
Rideqwest is a technology company. Our Services constitute an online marketplace for You and other Users (“Consumers”) to find, request, obtain or pay for goods or services (“Consumer Services”) provided by independent third parties. Independent third parties include, but are not limited to, merchants, freelancers, private businesses, retailers, grocers, restaurants, independent drivers, and delivery persons (each a "Service Provider"). Our Services also include providing Consumers and Service Providers (collectively, “Users” or “Members”) with customer support and assistance related to Consumer Services and their use of the Rideqwest platform.
3. HOW IT WORKS
You may use the Rideqwest Platform to search for and request Consumer Services. When You request Consumer Services, we notify the Service Provider so they are aware of your request. It is within the Service Provider’s sole discretion whether or not to offer, provide, or charge You for the Consumer Service, and it is within your sole discretion to accept or reject their offer. If You accept the offer made by the Service Provider, You and the Service Provider enter into an agreement where the Service Provider, and only the Service Provider, is responsible for providing Consumer Services to you. You acknowledge and agree that Rideqwest has no control, or responsibility over the Service Provider or his/her duties to provide the Consumer Services to you. At any time You may accept, decline or even cancel the Consumer Services, subject to our cancellation policy. In the event that You cancel, stop or reschedule the Consumer Services, You may be charged a cancellation fee or other fees related to any Consumer Services started or completed by the Service Provider on your behalf. You may also be charged for any items purchased by the Service Provider on your behalf.
4. RIDEQWEST DOES NOT PROVIDE CONSUMER SERVICES
Rideqwest is not in the business of providing Consumer Services to Consumers. Rideqwest is neither a transportation carrier, common carrier or public carrier. Rideqwest does not provide transportation or delivery services of any kind. In addition, Rideqwest does not operate as a restaurant, freelancer or merchant that provides Consumer Services to you. Any Consumer Services You obtain through the Rideqwest Platform are provided by independent Third-Party Service Providers.
Your ability to obtain Consumer Services through the Rideqwest Platform does not make Rideqwest a provider of Consumer Services. Service Providers are independent contractors. You acknowledge and agree that Service Providers who use the Rideqwest Platform are not employees, actual agents, apparent agents, or ostensible agents of Rideqwest in any way. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY EFFORT, FEATURE, PROCESS, POLICY, OR STANDARD UNDERTAKEN BY RIDEQWEST IN THE INTEREST OF PUBLIC SAFETY (WHETHER OR NOT REQUIRED BY STATUTE OR REGULATION), AND ANY ACTION TAKEN BY RIDEQWEST TO HELP FACIILITATE YOUR REQUEST FOR CONSUMER SERVICES, IS NOT EVIDENCE OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP BETWEEN RIDEQWEST AND ANY SERVICE PROVIDER.
5. ELIGIBILITY
To join Rideqwest and become a member, you must create a Rideqwest Member Account ("Member Account"). To create your Member Account, You must be eighteen (18) years old, or the age of legal majority in your jurisdiction and have the legal capacity to enter, abide by, and be bound by these Terms. You may not transfer or assign your account to other entities or individuals. You may only have one account as a Consumer and one account as a Service Provider.
If You access or request Consumer Services on behalf of another individual, You warrant that (1) You are authorized to accept this Agreement on behalf of that individual; (2) that individual shall be bound by this Agreement, and (3) You and the individual shall be jointly and severally liable to Rideqwest for any breach of this Agreement. You hereby consent to defend, indemnify, and hold harmless Rideqwest and its partners for any misrepresentations You make regarding your ability to request Consumer Services on behalf of another individual.
Responsibility for Other Users
You will be responsible for all activity that occurs under your Member Account and access credentials. If You request Consumer Services to be used by another individual, You are responsible for that individual’s behavior during use of the Services through the Rideqwest Platform.
Access by Minors Restricted
No part of the Rideqwest Platform is directed to children, and we do not knowingly collect or solicit personal information from persons under the age of 13. IF YOU ARE UNDER THIRTEEN YEARS OF AGE, YOU MAY NOT USE THE RIDEQWEST PLATFORM. Children under the age of 13 may only receive Consumer Services through the Rideqwest Platform if the request is made by a parent, guardian, or other authorized adult.
No person under the age of 18 may create a Member Account or use the Rideqwest Platform without the consent of a parent or guardian. If You are a minor in the jurisdiction in which You reside (generally, under the age of 18), You must have the permission of your parent or legal guardian to use the Rideqwest Platform and your parent or legal guardian must read and agree to these Terms on your behalf prior to your using the Rideqwest Platform. If You are a parent or guardian who has created an account for a minor under the age of 18, You hereby give permission and consent to the Terms on the minor’s behalf, and You shall assume any and all responsibility and liability for the minor’s use of the Rideqwest Platform as provided by these Terms. Furthermore, You hereby represent that You are fully authorized to execute these Terms on behalf of yourself as well as any and all other parents or legal guardians of the minor.
If You are a parent or guardian and believe that a child under the age of 18 has registered for or used the Rideqwest Platform without your consent, please contact us at support@rideqwest.com. Similarly, if You believe that a person under the age of 13 has provided any personal information to us, please contact us at support@rideqwest.com so that we can take steps to delete that information.
6. DRIVER REQUIREMENTS
To be eligible to transport riders in a vehicle or operate as a Courier/Delivery Driver (each referred to as “Driver”) on the Rideqwest Platform, You must meet these additional requirements:
• be at least 21 years old
• have at least one year of driving experience in the U.S.
• have at least 3 years of driving experience if under 25
• use a vehicle with at least 4 passenger seats (not including the driver)
• use an eligible 4-door vehicle
• hold a valid driving license for the area in which You are driving;
• drive safely and in accordance with all applicable driving rules and laws;
• ensure your vehicle is roadworthy, and has all certifications required by law;
• have insurance coverage and inspection per your jurisdiction
PLEASE NOTE: IF YOU SIGN UP AS A DRIVER ON THE RIDEQWEST PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST TWENTY-ONE OLD, AND YOU ALSO AGREE TO COMPLY WITH THESE ADDITIONAL REQUIREMENTS BEFORE USING THE RIDEQWEST PLATFORM.
7. CARPOOL DRIVER ELIGIBILITY CRITERIA
In addition to the driver requirements from Section 6, Carpool drivers (as defined in Section 33 below) must agree to the following:
• Provide rides in a personal capacity, and not for commercial or business purposes;
• Do NOT use the Rideqwest platform to generate a profit; and
• Do NOT use the Rideqwest Platform to provide rides on a motorcycle.
8. BACKGROUND CHECK
Rideqwest makes no guarantees, warranties or endorsements about the safety of Service Providers or the Consumer Services they provide. We may, in our sole discretion, with no obligation to YOU, conduct background checks, screenings or interviews (“Background Screenings”) of certain Service Providers such as transportation and delivery Drivers. You agree NOT TO RELY on our Background Screenings. You understand and agree that when You request or accept Consumer Services from a Service Provider, You do so at your own risk.
RIDEQWEST SHALL HAVE NO LIABILITY FOR ANY REASON IN CONNECTION WITH ANY FAILURE TO CONDUCT OR ANY FAILURES ON THE PART OF ANY BACKGROUND CHECK SCREENER, PARTNER OR THIRD PARTY WE MAY WORK WITH TO PROVIDE ACCURATE, COMPLETE BACKGROUND CHECKS ON ANY USER OR SERVICE PROVIDER WHO USES THE RIDEQWEST PLATFORM.
9. RIDEQWEST SERVICE PROVIDER SUBSCRIPTION
All Service Providers must pay a Subscription Fee in order to accept requests for Consumer Services on the Rideqwest Platform. Service Providers can find the price of the Subscription Fee on the Rideqwest Provider Mobile Application ("Provider App"). We offer weekly and monthly billing cycles. Service Providers will be charged based on the billing cycle they choose. For example, if a Service Provider chooses a monthly billing cycle, the Service Provider will be charged automatically each month. If a Service Provider chooses a weekly billing cycle, the Service Provider will be charged automatically each week. Service Providers must cancel their subscription before the end of the current subscription period to avoid automatic charges of the Subscription Fee to their account. ALL PAID SUBSCRIPTIONS ARE NON-REFUNDABLE. NO REFUNDS.
AT TIMES WE MAY WAIVE SUBSCRIPTION FEES FOR SERVICE PROVIDERS AS PART OF A MARKETING CAMPAIGN. THIS DOES NOT PRECLUDE US FROM REINSTATING SUBSCRIPTION FEES AT ANY TIME WITHIN OUR SOLE DISCRETION. WE WILL NOTIFY YOU IN ADVANCE OF ANY PRICE CHANGES BY EMAIL, TEXT MESSAGES OR POSTINGS ON THE RIDEQWEST PLATFORM.
SUBSCRIPTION FEE CHANGES
Rideqwest may change the price of the Subscription Fees at any time, at our sole discretion. If YOU register as a Service Provider, we will communicate any price changes to YOU in advance by sending notices of price changes by email or text message communication, or by providing a notice through the Rideqwest Platform. Price changes for Subscription Fees will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Rideqwest Platform, You agree to new price changes even if You are not aware of the price change. If You do not agree with the price changes, You must unsubscribe as a Member prior to the price change taking effect. We will send You notices about prices changes. Please review them carefully.
10. MEMBER CHARGES
When You become a Rideqwest Member and access or receive Consumer Services, You may incur various Member charges including, but not limited to Transportation Charges and Service Provider Charges.
Transportation Charges comprise the following: Passenger Fares and Delivery Charges (described below), Waiting Fees (described below), Service Fees (described below), Vehicle Damage Fees (described below) and other relevant fees, tolls and/or surcharges ("Other Charges").
Transportation charges:
(i) Passenger and Delivery Charges When You request certain transportation or delivery services, we will give You a suggested fare based on the length, distance and time of the trip. You may choose the suggested fare or you may offer your own fare to the Service Provider. Your acceptance of the Consumer Service is only confirmed when You and the Service Provider both accept the quoted price. At the end of the trip, You will be charged the quoted price, excluding any tolls, waiting fees, service fees or other charges.
(ii) Waiting Fees. You will be charged Waiting Fees when your driver waits for you. Waiting fees begin when your Driver notifies you of their arrival at your pickup location and you do not arrive within five minutes of his arrival. They also begin when your driver waits for you during stops on your ride. Waiting fees are calculated on a per-minute basis. We can not determine the cost of the Waiting Fees in advance. Thus, your waiting fees ARE NOT included in either the quoted price for your trip or our suggested fare. IF YOUR TRIP INCURS ANY WAITING FEES, THESE FEES WILL BE ADDED AT THE COMPLETION OF THE RIDE.
(iii) Tips. At the completion of the Ride, You will have the option to leave a tip for your Driver. If You leave a tip, we will add the amount to your final charges.
(iv) Service Fee. At the completion of your trip, we may charge a Service fee to help support, maintain and promote the Rideqwest Platform. We calculate this fee based on a percentage of the actual fare.
(v) Vehicle Damage Fee. If a Driver reports material damage to their vehicle caused by You or your guest, we will investigate their claim, request proof of damages, and contact You in connection with the investigation. If our investigation results in a determination that YOU or YOUR GUEST caused such material damage due to reckless behavior or negligence, You agree to pay a "Vehicle Damage Fee" of up to $150 towards all car repairs and/or cleaning fees.
(vi) Service Provider Charges
For Consumers Services unrelated to transportation and delivery, Service Providers may list their prices for their Consumer Services offered on the Rideqwest Platform. Please review the prices carefully before requesting Consumer Services. Upon completion of Consumer Services, You authorize payment through your selected payment processor for the price of the Consumer Services you’ve ordered.
11. CANCELLATION OR NO-SHOW FEES
We charge cancellation or No Show Fees if You cancel a Reservation for Consumer Services, or are not present at the time of your reservation. If you are not present at the time of your reservation, or your Driver has waited five minutes for you to arrive at the pickup location and you had notice of their arrival, you may be charged a cancellation fee. Repeated cancellations or repeated instances of “no-shows” may be indicative of system misuse and may result in the suspension or deactivation of your Member Account. The final decision to suspend or deactivate your Member Account is within Rideqwest’s sole discretion.
12. GENERAL PAYMENT TERMS
Third-Party Payment Processing. All payments You make through the platform are handled by Stripe, Inc, a third-party payment processing firm. Rideqwest may switch or replace the third-party payment processor at any time, without notice or consent from you. When you receive Consumer Services, we recommend that You pay for those Consumer Services through the Rideqwest Platform. However, Rideqwest does not prohibit You from paying for Consumer Services in cash or outside the Rideqwest Platform. SHOULD YOU PAY IN CASH OR OUTSIDE THE RIDEQWEST PLATFORM. YOU AGREE THAT YOU DO SO AT YOUR OWN RISK.
RIDEQWEST SHALL HAVE NO LIABILITY FOR ANY REASON FOR YOUR DAMAGES IN CONNECTION WITH YOUR DECISION TO PAY FOR CONSUMER SERVICES IN CASH OR OUTSIDE THE RIDEQWEST PLATFORM.
No Refunds. Rideqwest does not provide refunds for any charges for any reason.
Coupons. Rideqwest may offer YOU promotions, discounts or coupons in relation to your use of Consumer Services. You may use your coupons toward payment for your Consumer Services only. Coupons are non-transferrable or redeemable for cash. You can not combine coupons, and if the coupon does not fully cover the cost of your Consumer Services, You authorize Rideqwest to charge You for the remaining balance. PLEASE NOTE THAT WE MAY CHARGE YOU FOR THE AMOUNT OF THE SERVICE FEE, DAMAGE FEE OR ANY OUTSTANDING BALANCE YOU HAVE ON FILE BEFORE YOU CAN APPLY THE COUPON. Additional restrictions on coupons may apply.
PAYMENT BY CREDIT CARD OR PREPAID CARD. Rideqwest may request authorization of your chosen payment method (“Payment Authorization Request”) if we suspect fraudulent activity by You or your Member Account. We may also request a Payment Authorization Request to verify your payment method or ensure the Consumer Service will be paid to the Service Provider. In such cases, our Payment Authorization Request may temporarily lower your available credit by the bank that provided You with the credit card or prepaid card. Should the amount of our Payment Authorization Request exceed the funds in your bank account, You may be charged an overdraft fee. YOU AGREE that Rideqwest is not liable for any fees or damages You incur as a result of our Payment Authorization Request. Please read the terms and policies of the issuer of your credit card or prepaid card before deciding which payment method to use.
Receipt. Upon completion of your Consumer Services, Rideqwest will send You a receipt either by email, text message, or directly on the Rideqwest Mobile Application. The receipt will include, among other things, details about the Consumer Services including tips, waiting fees and other charges to you.
13. RIDEQWEST COMMUNICATIONS
When You register as a Member, You grant us permission to contact You via e-mail, text message, phone call, and push notifications. We may contact You regarding our Services, your Member account, promotions, or for any reason connected to the Rideqwest Platform. YOU AGREE THAT YOUR CONSENT IS NOT REQUIRED TO RECEIVE COMMUNICATIONS FROM US IN ORDER TO USE THE RIDEQWEST PLATFORM. When we contact You by text message, your cell phone provider will charge You a fee related to our text messages.
YOU MAY OPT OUT OF RECEIVING TEXT OR PHONE CALLS FROM US by UNSUBSCRIBING from our marketing emails. You may also unsubscribe by typing STOP in the text message we send. To opt out of ALL Rideqwest texts and calls, including operational ones, please email us at support@rideqwest.com. YOU AGREE AND ACKNOWLEDGE THAT SHOULD YOU OPT OUT OF ALL COMMUNICATIONS BY US, THIS MAY IMPACT YOUR USE OF THE RIDEQWEST PLATFORM AND/OR OUR SERVICES.
13. USER SUBMISSIONS
User Submissions are any content, information, data or materials that You post, upload, e-mail, transmit or otherwise make available to Rideqwest or in the Rideqwest Platform (“User Submissions” or “User Content”). User Submissions may include commentary, feedback, suggestions, ideas, requests for service or product enhancements, and submissions of entries for competitions and promotions. You acknowledge and agree that all User Submissions provided by You are non-confidential and non-proprietary.
Rideqwest’s Use of User Submissions
You acknowledge and agree that You have no expectation of compensation, privacy, or confidentiality with respect to any User Submissions. By providing User Submissions, You grant Rideqwest, as well as each of our respective licensees, successors, and assigns, a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable, sublicensable license to use, view, copy, adapt, sell, transfer, modify, remove, publish, transmit, distribute, broadcast, stream, perform, publicly display, create derivative works of, or otherwise exploit in any manner such User Submissions for any purpose without further notice to or consent from you, and without compensation to You or any other person or entity, including for the purpose of promoting Rideqwest and its services.
Please email us at support@rideqwest.com if You believe your User Submissions are being used in an objectionable manner and we will do what we reasonably can to remedy such use of your User Submissions. We have no obligation to pre-screen User Submissions, but we reserve the right in our sole discretion to pre-screen, remove, or refuse to accept post, display, or transmit any User Submissions at any time for any reason, including if we determine that a User Submission violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, or illegal; or violates the rights of, or harms or threatens the safety of Users of the Rideqwest Platform.
You Must Have Rights to Your User Submissions
You represent and warrant that: (i) You own the content in your User Submissions or otherwise have the right to grant the license set forth in these Terms, (ii) your provision of User Submissions does not violate confidentiality obligations or expectations, privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) your provision of User Submissions does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of your provision of User Submissions.
You understand and acknowledge that You are responsible for any User Submissions You submit or contribute and you, not Rideqwest, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
14. SERVICE PROVIDER CONTENT
Service Providers who use the Rideqwest Platform may upload content to advertise or inform Members about the third party services they offer (Service Provider Content).
Service Provider Content includes any and all information related to their goods or services to be displayed on the Rideqwest platform, including but not limited to, text or writing, images, quotes or excerpts, photos, illustrations, titles, descriptions, pricing for services or goods, and any other form of data.
You acknowledge and agree that Rideqwest is not responsible for Service Provider Content.
15. PROHIBITED CONTENT
You may not upload or transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
● Unlawful or the promotion of unlawful activity
● Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
● Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
● Content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
● Content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
● Content impersonating any person or entity including the Company and its employees or representatives.
Rideqwest reserves the right to modify the format and style of any User Content. Moreover, Rideqwest reserves the right to restrict or revoke your access to the Rideqwest Platform if You publish third party content that we deem to violate these Terms. You acknowledge and agree that You may view Third-Party Content on the Rideqwest Platform that You consider inappropriate, offensive, indecent, or objectionable, but that You use the Rideqwest Platform at your own risk. You further agree that Rideqwest shall not be held liable in any reason for any Third-Party Content, including any errors or omissions in said content, as well as any loss or damage suffered as a consequence of the Consumer Services You obtain because of such Third-Party Content.
16. CONTENT BACKUPS
Rideqwest routinely backs up OUR CONTENT and User Content (collectively referred to as “Content”). Rideqwest does not guarantee that You will not experience data corruption as a result of our routine backups. Data Corruption may occur for various reasons including the fact that the data was corrupted prior to or during the backup process.
Should You experience data corruption, Rideqwest will attempt to assist You with resolving the problem. However, You acknowledge and agree that Rideqwest is not liable for any damages You suffer or the failure to repair the Content. You agree to keep a copy of the Content in a location separate from the Rideqwest Platform.
17. YOUR FEEDBACK TO US
You hereby assign all rights, title, and interest in feedback You provide Rideqwest. Should such assignment prove to be ineffective, You hereby authorize Rideqwest to use, reproduce, disclose, sub-license, distribute, modify, and profit from the Feedback without any limitations. This license is non-exclusive, perpetual, irrevocable, and royalty-free.
18. LINKS TO OTHER WEBSITES
The Rideqwest Platform may contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. Rideqwest does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on a Rideqwest Platform does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
19. PROMOTIONS AND REFERRAL PROGRAMS
Rideqwest retains the right to offer promotions to Members of the Rideqwest Platform. If we have reason to suspect fraud, error, unlawful behavior, or a violation of these Terms, regarding these Promotions, we reserve the right to void the Promotion with respect to YOU, or withhold or deduct credits or benefits obtained through the promotion.
Rideqwest may sometimes provide incentives to YOU to encourage your friends and family to sign up as new users of the Rideqwest platform (known as the "Referral Program"). As incentives, Rideqwest may offer You Rideqwest Credits to pay for Consumer Services. In our sole discretion, Rideqwest may set or modify (1) the amount, value and conditions of the incentives and (2) the qualifying requirements to obtain these incentives. This Agreement and the Referral Program Rules govern how You distribute Rideqwest Codes and take part in the Referral Program. Your distribution of our Referral Codes and participation in the Referral program are subject to these Terms and our Referral Program Rules.
20. CODE OF CONDUCT
All users of the Rideqwest Platform must agree and comply with this Code of Conduct. If You or your guest do not agree to or comply with this Code of Conduct, your Member Account may be terminated or suspended.
a. Code of Conduct related to Transportation Services.
You and Your Guests who enter a Driver's car are aware of and follow this Code of Conduct at all times.
For safety reasons, You and your guests must fasten your seatbelt upon entering a Driver’s vehicle and keep the seatbelt securely fastened at all times until the trip is completed as required by law. Also, as required by law, You are responsible for properly fastening children within a “child seat” and to keep such children securely fastened within such “child seat” at all times during your trip.
b. General Code of Conduct for Members
Every Member who uses the Rideqwest Platform must abide by this Code of Conduct or their Member Account may be suspended or terminated. You consent to the Code of Conduct when You access or use the Rideqwest Platform and Services. YOU MUST NOT DO THE FOLLOWING:
1. Engage in any illicit conduct using the Rideqwest Platform or Services
2. Break any law, legislation, rule, permit, ordinance, or regulation
3. Carry weapons, stalk, threaten, or otherwise harass a Member
4. Impersonate a person or entity.
5. Post information or engage in activities on the Rideqwest Platform or Services that are fraudulent, defamatory, abusive, obscene, profane, sexually suggestive, harassing, or unlawful;
6. Use the Rideqwest Platform in any way that violates the rights of any third party, including rights of intellectual property, copyright, patent, trademark, trade secret, or other proprietary rights;
7. Interfere with or disrupt the Rideqwest Platform, its servers, or its networks; post, email, or transmit any malicious code, files, or programs intended to
8. Hinder, damage, interrupt, destroy, or restrict the operation of any computer software or hardware or telecommunications equipment, or covertly intercept or appropriate any system, data utilize meta tags, code, or other devices containing any reference to us in order to point users to another website for any purpose, or "frame" or "mirror" any portion of the Rideqwest Platform without getting our prior written permission;
9. Alter, adjust, translate, reverse engineer, interpret, decompile, or disassemble in any other way any part of the Rideqwest Platform or any software used to or utilized in conjunction with it; Utilize robots, spiders, site search/retrieval software, or any other automated or human technique to obtain, index, scrape, "data mine," or circumvent the navigational structure or presentation of the Rideqwest Platform, or any of its contents; One's identity, password, or Rideqwest Member Account may not be disclosed to any third party. Additionally, harassment or discrimination against individuals on the basis of their race, national origin, religion, gender, gender identity, physical or mental disability, health, marital status, age, or sexual orientation is prohibited. Finally, You may not incite others to partake in the aforementioned prohibited activities.
10. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Rideqwest Platform or any software used on or for the Rideqwest Platform;
11. Rent, lease, lend, sell, redistribute, license or sublicense the Rideqwest Platform or access to any portion of the Rideqwest Platform;
12. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Rideqwest Platform or its contents;
13. Transfer or sell your Rideqwest Member Account, password and/or identification to any other party;
14. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or;
15. Cause any third party to engage in the restricted activities above;
16. Do Not Discriminate
RIDEQWEST HAS A ZERO TOLERANCE POLICY FOR DISCRIMINATION. YOU MUST NOT DO THE FOLLOWING.
(1) Discriminate on the basis of race, color, national origin, religious belief or affiliation, sex, sexual orientation, disability, or age of a Rideqwest Member; and
(2) Deny service to a Member who possesses a service animal.
22. ZERO TOLERANCE POLICY FOR DRIVERS
Rideqwest has a strict policy of zero tolerance towards the use of alcohol or narcotics by Service Providers when providing Consumer Services to Consumers. If You have any reason to suspect that a Service Provider is under the influence of drugs or alcohol while delivering Consumer Services, please instruct the Service Provider to terminate the Consumer Services immediately. After the Service Provider has ended their Consumer Services, please report the incident by emailing us at support@rideqwest.com.
23. LOST ITEMS LEFT BEHIND IN DRIVER VEHICLES
Should You leave behind an item in a Driver’s Vehicle, we will assist You by contacting the Driver notifying them of the lost item. Please report the lost item by emailing us at lost@rideqwest.com. Please provide us with as much detail as possible about the lost item and the trip number. We will notify your Driver as soon as possible.
24. SERVICE ANIMALS
Registered Members must not discriminate against Members with Service animals. Service animals are specifically trained to carry out tasks on behalf of a person with a disability, and are not required to wear a tag or vest to be registered. In addition, Members with Service Animals are not required to provide documented proof that the animal is a Service Animal. In order to confirm whether an animal is a Service Animal, a Member may ask only the following questions:
i. Is the animal required because of a disability?
ii. What work or task has the animal been trained to perform?
REPORTING COMPLAINTS. Members may file a complaint for violation of these Terms regarding service animals by contacting us at support@rideqwest.com, and providing us with the details of the violation. Rideqwest will conduct an investigation into the incident and, at in sole discretion, determine whether any violation of our Terms occurred.
If our investigation determines that a Service Provider has violated our Terms regarding Service Animals, their Member Account will be terminated immediately.
25. INTELLECTUAL PROPERTY
You agree that Rideqwest owns the Rideqwest Platform and all rights, title and interest thereto, including all Source code, operating instructions, and interfaces developed for or relating thereto, together with all modifications, enhancements, upgrades, revisions, changes, copies, partial copies, translations, compilations, and derivative works thereto, and all copyrights, patents, trade secrets, trademarks, and other intellectual property and proprietary rights relating thereto (the “Company Intellectual Property”). You agree that You have no rights with respect to the Company Intellectual Property other than those expressly granted under this Agreement.
Rideqwest Marks
You agree that You will not: (1) create any materials that use the Rideqwest Marks or any derivatives of the Rideqwest Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Rideqwest in writing; (2) use the Rideqwest Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Rideqwest Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Rideqwest’s rights as owner of the Rideqwest Marks or the legality and/or enforceability of the Rideqwest Marks, including, challenging or opposing Rideqwest’s ownership in the Rideqwest Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Rideqwest Marks, any derivative of the Rideqwest Marks, any combination of the Rideqwest Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Rideqwest Marks; or (5) use the Rideqwest Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Copyright Infringement and Digital Millennium Copyright Act:
Rideqwest respects the intellectual property rights of others. If You believe that your work has been copied and has been posted, stored, or transmitted in connection with the Rideqwest Platform in a way that constitutes copyright infringement, please notify us by providing the information listed at support@rideqwest.com.
26. DISCLAIMERS
RIDEQWEST PROVIDES THE RIDEQWEST PLATFORM AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE RIDEQWEST PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY RIDEQWEST PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, VIRUS FREE OR ERROR FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL RIDEQWEST BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF GOODWILL, AND OTHER TANGIBLE AND INTANGIBLE LOSSES) RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE RIDEQWEST PLATFORM, REGARDLESS OF RIDEQWEST’S NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT), EVEN IF RIDEQWEST OR ANY OF ITS REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RIDEQWEST SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM: (i) THE USE OR THE INABILITY TO ACCESS THE RIDEQWEST SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANOTHER USER OF THE RIDEQWEST PLATFORM (INCLUDING USER OR SERVICE PROVIDER), (iii) THE LOSS OF PROPERTY, (iv) THE PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY IN OR USING THE RIDEQWEST PLATFORM; (vii) YOUR RELIANCE ON CONTENT MADE AVAILABLE TO YOU BY RIDEQWEST (INCLUDING ANY THIRD-PARTY CONTENT); OR (viii) ANY OTHER MATTER RELATING TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE RIDEQWEST PLATFORM.
RIDEQWEST SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE RIDEQWEST PLATFORM (INCLUDING TRANSPORTATION, DELIVERY, OR LOGISTICS SERVICES THAT ARE RESERVED, ARRANGED, PROVIDED, OR RECEIVED THROUGH THE RIDEQWEST PLATFORM), INCLUDING ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY INTERACTION, RELATIONSHIP, OR TRANSACTION BETWEEN YOU AND ANY OTHER USER (INCLUDING UNAUTHORIZED USERS), EVEN IF RIDEQWEST OR ANY OF ITS REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE A USER OR CONSUMER, YOU MAY USE THE RIDEQWEST PLATFORM TO REQUEST, SCHEDULE, OR RECEIVE CONSUMER SERVICES AND RIDEQWEST MAY INTRODUCE YOU TO OTHER USERS IN RELATION TO SUCH SERVICES, BUT YOU AGREE THAT RIDEQWEST HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY OTHER USERS OR THIRD PARTIES, OR THEIR CONDUCT, OR FOR ANY CONSUMER SERVICES THAT WERE PROVIDED OR NOT PROVIDED TO YOU. USE CAUTION AND COMMON SENSE WHEN USING CONSUMER SERVICES THROUGH THE RIDEQWEST PLATFORM.
WITH REGARD TO TRANSPORTATION RELATED CONSUMER SERVICES, RIDEQWEST SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM THE SELECTION OF, USE OF, LACK OF, OR IMPROPER INSTALLATION OF CHILD RESTRAINT SYSTEMS, INCLUDING CHILD SAFETY SEATS AND BOOSTER SEATS. IF YOU USE THE RIDEQWEST PLATFORM TO MAKE A RESERVATION FOR TRANSPORTATION SERVICES THAT INCLUDE A CHILD SAFETY SEAT, BOOSTER SEAT, OR OTHER CHILD RESTRAINT, IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT IT IS APPROPRIATE FOR THE CHILD, THAT IT IS INSTALLED CORRECTLY, AND THAT THE CHILD IS PROPERLY SECURED.
WITH REGARD TO TRANSPORTATION RELATED CONSUMER SERVICES RIDEQWEST SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM A SERVICE PROVIDER’S PROVISION OF ASSISTANCE TO YOU OUTSIDE OF THE RIDEQWEST PLATFORM.
WITH REGARD TO TRANSPORTATION RELATED CONSUMER SERVICES RIDEQWEST SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF PROPERTY (INCLUDING PROPERTY YOU MAY LEAVE IN A VEHICLE AS A RIDER OR DRIVER USING THE RIDEQWEST PLATFORM).
YOU EXPRESSLY WAIVE AND RELEASE RIDEQWEST FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICE PROVIDER OR ANY THIRD PARTY INTRODUCED TO YOU THROUGH THE RIDEQWEST PLATFORM.
IN NO EVENT SHALL RIDEQWEST’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, OR (ii) THREE HUNDRED DOLLARS ($300.00). THE LIMITATION OF LIABILITY IN THE PRECEDING SENTENCE SHALL NOT APPLY TO RIDEQWEST'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION. THESE LIMITATIONS OF LIABILITY ARE A FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RIDEQWEST.
BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDEQWEST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RIDEQWEST FROM AND AGAINST ANY LOSSES, LIABILITIES, CLAIMS, ACTIONS, PENALTIES, FINES, OR DEMANDS, INCLUDING ATTORNEYS’ FEES, EXPERTS’ FEES, AND ACCOUNTING FEES, WHICH ARISE OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF OR RELIANCE ON ANY RIDEQWEST CONTENT (INCLUDING PROMOTIONS), (II) YOUR USE OF OR RELIANCE ON ANY USER SUBMISSIONS, (III) YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT (INCLUDING THIRD-PARTY PROMOTIONS), (IV) RIDEQWEST’S USE OF YOUR INFORMATION, (V) YOUR UNAUTHORIZED USE OF THE RIDEQWEST PLATFORM, (VI) ANY THIRD PARTY’S ACCESS TO OR USE OF THE RIDEQWEST PLATFORM USING YOUR MEMBER ACCOUNT, (VII) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING OTHER USERS, (VIII) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY USER OR SERVICE PROVIDER, (IX) YOUR PROVISION OF INCORRECT OR OUTDATED CONTACT INFORMATION (INCLUDING A TELEPHONE NUMBER OR EMAIL ADDRESS), OR (X) YOUR BREACH OF THESE TERMS.
27. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL RIDEQWEST BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF GOODWILL, AND OTHER TANGIBLE AND INTANGIBLE LOSSES) RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE RIDEQWEST PLATFORM, REGARDLESS OF RIDEQWEST’S NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT), EVEN IF RIDEQWEST OR ANY OF ITS REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RIDEQWEST SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM: (i) THE USE OR THE INABILITY TO ACCESS THE RIDEQWEST PLATFORM; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANOTHER USER OF THE RIDEQWEST PLATFORM (INCLUDING ANOTHER USER, A USER’S GUEST, OR SERVICE PROVIDER), (iii) THE LOSS OF PROPERTY, (iv) THE PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY IN OR USING THE RIDEQWEST PLATFORM; (vii) YOUR RELIANCE ON CONTENT MADE AVAILABLE TO YOU BY RIDEQWEST (INCLUDING ANY THIRD-PARTY CONTENT); OR (viii) ANY OTHER MATTER RELATING TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE RIDEQWEST PLATFORM.
RIDEQWEST SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE RIDEQWEST PLATFORM (INCLUDING TRANSPORTATION, DELIVERY, OR LOGISTICS SERVICES THAT ARE RESERVED, ARRANGED, PROVIDED, OR RECEIVED THROUGH THE RIDEQWEST PLATFORM), INCLUDING ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY INTERACTION, RELATIONSHIP, OR TRANSACTION BETWEEN YOU AND ANY OTHER USER (INCLUDING UNAUTHORIZED USERS), EVEN IF RIDEQWEST OR ANY OF ITS REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE A RIDEQWEST CONSUMER, YOU MAY USE THE RIDEQWEST PLATFORM TO REQUEST, SCHEDULE, OR RECEIVE CONSUMER SERVICES AND RIDEQWEST MAY INTRODUCE YOU TO OTHER USERS IN RELATION TO SUCH SERVICES, BUT YOU AGREE THAT RIDEQWEST HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY OTHER USER OR THIRD PARTIES, OR THEIR CONDUCT, OR FOR ANY TRANSPORTATION, DELIVERY, OR CONSUMER SERVICES THAT WERE PROVIDED OR NOT PROVIDED TO YOU. USE CAUTION AND COMMON SENSE WHEN USING CONSUMER SERVICES ARRANGED THROUGH THE RIDEQWEST PLATFORM.
FOR TRANSPORTATION RELATED CONSUMER SERVICES, RIDEQWEST SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM THE SELECTION OF, USE OF, LACK OF, OR IMPROPER INSTALLATION OF CHILD RESTRAINT SYSTEMS, INCLUDING CHILD SAFETY SEATS AND BOOSTER SEATS. IF YOU USE THE RIDEQWEST PLATFORM TO MAKE A RESERVATION FOR TRANSPORTATION SERVICES THAT INCLUDE A CHILD SAFETY SEAT, BOOSTER SEAT, OR OTHER CHILD RESTRAINT, IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT IT IS APPROPRIATE FOR THE CHILD, THAT IT IS INSTALLED CORRECTLY, AND THAT THE CHILD IS PROPERLY SECURED.
ALSO, WITH RESPECT TO TRANSPORTATION RELATED CONSUMER SERVICES, RIDEQWEST SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM A SERVICE PROVIDER’S PROVISION OF ASSISTANCE TO YOU OUTSIDE OF THE SERVICE PROVIDER’S VEHICLE.
RIDEQWEST SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF PROPERTY (INCLUDING PROPERTY YOU MAY LEAVE IN A VEHICLE AS A RIDER OR SERVICE PROVIDER USING THE RIDEQWEST PLATFORM).
YOU EXPRESSLY WAIVE AND RELEASE RIDEQWEST FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICE PROVIDER OR ANY THIRD PARTY INTRODUCED TO YOU THROUGH THE RIDEQWEST PLATFORM.
IN NO EVENT SHALL RIDEQWEST’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, OR (ii) THREE HUNDRED US. DOLLARS ($300.00). THE LIMITATION OF LIABILITY IN THE PRECEDING SENTENCE SHALL NOT APPLY TO RIDEQWEST'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION. THESE LIMITATIONS OF LIABILITY ARE A FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RIDEQWEST.
BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDEQWEST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
28. TERMINATION & ACCOUNT RESTRICTIONS
Your rights under this Agreement terminate automatically without notice if You fail to comply with these Terms or any Additional Terms that may apply to you. Rideqwest may restrict your access to the Rideqwest Platform, suspend your Member Account, or deactivate or otherwise permanently terminate your Member Account at its sole discretion, immediately, at any time, and for any reason. Rideqwest reserves the right to block access to the Rideqwest Platform from any Member Account, device, and/or IP address. You agree that we have no liability whatsoever with respect to any change to the Rideqwest Platform or any termination of your access to or use of the Rideqwest Platform.
You may terminate these Terms, except for those provisions that survive termination, at any time by deactivating your Member Account, uninstalling all Rideqwest Apps (if applicable) and ceasing all use of the Rideqwest Platform.
Upon termination of these Terms by any party, for any reason, or for no reason: (1) your rights to access the Rideqwest Platform will terminate immediately, (2) You must cease all use of the Rideqwest Platform, (3) You will remain liable for all amounts owed by You up until and including the date of termination. (4) any provision of these Terms that contemplates or governs performance or observance and subsequent to termination will survive termination, including (i) Arbitration Agreement & Dispute Resolution, (ii) Communications, (iii) Intellectual Property, (iv) Prohibitions, (v) Disclaimers, (vi) Limitation of Liability, (vii) Termination and Account Restrictions, (viii) Indemnity, (ix) Notices, and (x) General.
29. DISPUTES SETTLED BY ARBITRATION
ANY DISPUTE INVOLVING YOU AND RIDEQWEST MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS FOLLOWS:
• ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
• ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with Rideqwest.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Before either Party may initiate an arbitration proceeding, You and Rideqwest agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. If You intend to initiate an arbitration proceeding, You must first send a fully completed notice of your Dispute (the “Notice”) to Rideqwest. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable Rideqwest to identify any transaction at issue. The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages You claim to have suffered; and (4) a calculation and explanation of the relief sought. Your Notice shall be personally signed by You and sent to Rideqwest at 7500 Calderon Court, Suite A, Alexandria, VA 22306 or by email at arbitration@rideqwest.com. If Rideqwest intends to initiate an arbitration proceeding, it will send a Notice to You at the contact information we have on file. If requested by Rideqwest as part of this mandatory informal dispute resolution process, You agree to personally participate (along with your counsel, if You are represented) in a telephone conference to discuss the potential resolution of the Dispute between You and Rideqwest. If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), You or Rideqwest may proceed with individual arbitration (this informal process is a condition precedent to doing so.). If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in this informal process.
If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the nature and basis for the claim and includes all of the information required in the Notice. The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. You may serve a copy of a demand to us at Rideqwest, LLC, 7500 Calderon Court, Unit A, Alexandria, VA 22306. The arbitration will be governed by the AAA’s applicable Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, another arbitration provider shall be selected by the Parties that will administer the arbitration consistent with it. If the Parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this Dispute Resolution section.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
The Parties shall be responsible for their own attorney’s fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in person hearing in the county where You live or at another mutually agreed upon location. Rideqwest reserves the right to request a hearing from the arbitrator. You agree to personally appear at any in person hearing (along with your counsel if You are represented).
YOU AND RIDEQWEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both You and Rideqwest agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that a claim for public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the Parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
This paragraph sets forth additional procedures that apply to mass arbitrations. If twenty-five (25) or more similar claims are asserted against Rideqwest by the same or coordinated counsel or are otherwise coordinated, You understand and agree that these additional procedures apply and that the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for Rideqwest shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this bellwether process. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings after conferring in good faith, each side shall select another fifteen (15) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Identical sets of arbitrators shall not be assigned to sets of bellwether proceedings. This staged process shall continue with thirty (30) cases in each set of bellwether proceedings, consistent with the parameters identified above, including that the remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed, until all the claims included in these coordinated filings, including your case, are adjudicated, settled, or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures that apply to mass arbitrations from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. You and Rideqwest agree to engage in this process in good faith. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Rideqwest.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services and your relationship with Rideqwest. Any amendments to this dispute resolution provision shall not affect any then active or pending arbitration proceeding.
30. CONFIDENTIALITY
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Rideqwest’s business, operations and properties, information made available to You in connection with your use of the Platform, which may include a Service Provider’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to You by Rideqwest for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Rideqwest in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Rideqwest with regard to any Confidential Information which You can prove: was in the public domain at the time it was disclosed by Rideqwest or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Rideqwest; becomes known to you, without restriction, from a source other than Rideqwest without breach of this Agreement by You and otherwise not in violation of Rideqwest’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Rideqwest to enable Rideqwest to seek a protective order or otherwise prevent or restrict such disclosure.
31. REIMBURSEMENTS & CHARGEBACKS
Rideqwest is not responsible for any fraudulent use of the Rideqwest Platform or for any chargebacks, reversals or other failure of a Member to pay any payment or amount to a Service Provider. Where a Member charges back or otherwise reverses a transaction, the Service Provider agrees to return any corresponding amount already provided by the Rideqwest Platform.
32. FREE RIDES
Registered Members may request and Registered Service Providers who are DRIVERS may provide Free Rides using the Rideqwest Platform. Free Rides are a voluntary service offered by Registered Service Providers who provide transportation services. DRIVERS ARE UNDER NO OBLIGATION TO PROVIDE FREE RIDES AND RIDERS ARE NOT GUARANTEED A FREE RIDE AT THE TIME OF THEIR CHOOSING OR AT ALL. Any terms and conditions that apply to Consumer Services, or specifically, Transportation Related Consumer Services offered on the Rideqwest Platform will apply to Free Rides, except with respect to Driver Payment, Reimbursement-related matters, Waiting Fees, Damage Fees, or any other fees mentioned in these Terms.
33. CARPOOL
Carpooling is a feature on the Rideqwest Platform that matches Carpool Riders and Carpool Drivers (collectively referred to as “Carpool Members”.) Registered Members who seek to join a carpool (“Carpool Riders”) may request a carpool ride from Service Providers who offer carpool rides (“Carpool Drivers.)
Carpool Riders may at their own discretion pay the Carpool Driver a pre-arranged contribution towards the Carpool driver’s costs (such as gas, toll lanes, etc.). Carpool Members may be required to pay a Rideqwest Service fee in connection with such ride.
Carpool arrangements made through the Rideqwest Platform are between Carpool Members. Rideqwest is not a party to any carpool agreements.
RIDEQWEST DOES NOT REPRESENT OR ENDORSE AND WILL NOT BE RESPONSIBLE FOR:
1. the actions, errors or omissions of any Carpool Members;
2. the truth or accuracy of any information provided by Carpool Members; or
3. the compliance by Carpool Members with the Terms or any applicable law.
RIDEQWEST DISCLAIMS ALL LIABILITY FOR THE ACTIONS, ERRORS OR OMISSIONS OF CARPOOL RIDERS OR CARPOOL DRIVERS.
a. GENERAL
Carpool Members may only use the Carpool feature to arrange a joint use of a car by a Carpool Driver and one or more Carpool Riders (a “Carpool Ride”). You may not request or provide a Carpool Ride to engage in commercial services or with the purpose of obtaining profits.
b. Arranging a Ride
Please be considerate when using the Carpool request. When You schedule a Carpool Ride with a Carpool Driver, You are committing to meet that Carpool Driver at a specified location at a certain time and agreeing to share a Ride with that Driver, and potentially other Carpool Riders, so be sure You want to share the Ride before requesting or accepting it.
c. Cancelling a Ride
You can cancel a Carpool Ride at your own discretion, subject to our cancellation policy in Section 11.
d. CARPOOL DRIVERS PROVIDING RIDES
You agree to not misrepresent in any way, whether material or not, any aspect of your identity, background, credentials, regulated status or professional standing when providing a carpool. You agree to comply with all applicable laws and regulations in the jurisdictions in which You provide or offer to provide Carpool Rides. If your offer or provision of a Carpool Ride requires a license or other regulatory approval, You must first obtain that license or approval and remain in good standing before offering or providing the Carpool Ride.
e. Information Shared With Riders
The following information may be visible to Carpool Riders to help connect You with Riders:
• Your name and Carpool profile picture;
• Your vehicle make, model, color and registration identifier (license plate);
• How long You have been a Rideqwest Member;
• How long You have been a Carpool Driver;
• The number of rides You have completed as a Rider and as a Driver; and
• Other profile information that You have added or that is shown on your profile screen.
In addition, while You are en route to pick up a Carpool Rider and for the duration of each Ride, we will share your current location and your estimated time of arrival at the agreed pickup location with the applicable Rider.
f. RIDER SPECIFIC TERMS
(i) Verifying Carpool Driver Details
Although Rideqwest may in some instances attempt to verify certain information provided by Carpool Drivers, Rideqwest has no obligation to do so and makes no representations regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Carpool Driver.
ii. Information Shared With Carpool Drivers
The following information may be visible to other Members on the Rideqwest Platform to help connect You with Carpool Drivers.
• The ride You have requested;
• Your name and Rideqwest profile picture;
• How long You have been a Rideqwest Member;
• The number of Rides You have completed
• Other profile information that You have added or that is shown on your profile screen.
(ii) Carpool Payment
Carpool Rides are generally free. However, a Carpool Rider may pay the Carpool Driver a pre-arranged contribution through the Rideqwest Platform towards the Carpool Driver’s costs (gas, toll lanes, vehicle depreciation, etc.) in connection with such Ride, and the Carpool Members must mutually agree on the amount that has to be paid to the driver before the Ride is confirmed (the “Carpool Payment”). The Carpool Driver accepts the carpool payment upon accepting the offer from the Carpool Rider.
If Carpool Driver has enough seats, Carpool Driver may pick up multiple Carpool Riders and each may make contributions towards the Carpool Driver’s costs. Any Carpool payments must be made exclusively through the Rideqwest Carpool platform.
(iii) Carpool Service Fee
Rideqwest may charge the Carpool Rider and/or the Carpool Driver a service fee with respect to each Ride, which is paid to Rideqwest for providing the Rideqwest platform (the “Rideqwest Service Fee”). The amount the Carpool Driver receives for a Ride (the Carpool Payment excluding the Rideqwest Service Fee) is called the “Reimbursement”. The maximum amount of the Rideqwest Service Fee which will be charged will be disclosed to the Carpool Rider and/or Carpool Driver (as applicable) prior to the Carpool Rider and Carpool Driver agreeing to the Ride and can be reviewed in the app, as part of the “Price Breakdown” screen, at any time and in the “Ride Ended” screen after the Ride has completed.
(iv) Completed Rides
Riders are obligated to pay the Reimbursement to the Carpool Driver and any Rideqwest Service Fee charged to the Carpool Rider after the Ride is completed. Drivers are obligated to pay any Rideqwest Service Fee charged to the Carpool Driver after the Ride is completed. A Ride is completed after the Carpool Driver drops the Carpool Rider off at the requested drop-off point, and the Carpool Members have submitted feedback in connection with the Ride.
(v) Outstanding Payments
You agree to pay and are solely responsible for all amounts due for Carpool Rides; You will not be able to use the Rideqwest platform if any amounts are outstanding or due to Carpool Drivers or Rideqwest.
(vi) Taxes
Carpool Drivers are responsible for determining if the Reimbursement is taxable, and for remitting taxes to the appropriate tax authority. ”Taxes” means any duties, customs fees, or taxes (other than income tax) associated with providing Rides, including any related penalties or interest.
(vii) Disputes
Any disputes relating to carpool rides and carpooling agreements are between Riders and Drivers. Rideqwest is under no obligation to resolve disputes between Carpool riders and Carpool Drivers. If a Carpool Rider and Carpool Driver resolve a dispute in the Rider’s favor, Rideqwest may deduct the value of any overpaid Reimbursement from future Reimbursements due to the Carpool Driver.
(viii) Liability for Carpool Rides
When permitted by law, Rideqwest will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
You agree that Rideqwest will have no responsibility or liability for:
The actions, errors or omissions of any Carpool Rider or Carpool Driver;
The truth or accuracy of any information provided by any Rideqwest Carpool Member;
The compliance by any Rideqwest Carpool Member with these terms or applicable laws.
To the extent permitted by law, the total liability of Rideqwest for any claims under these terms, including for any implied warranties, for Carpool Rides is limited to $50 USD DOLLARS.
In all cases, Rideqwest will not be liable for any loss or damage that is not reasonably foreseeable.
34. GENERAL
Except as provided in Section 29, this Agreement shall be governed by the laws of the State of Virginia without regard to choice of law principles. This choice of law provision is only intended to specify the use of Virginia law to interpret this Agreement and is not intended to create any other substantive right to non-Virginians to assert claims under Virginia law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Rideqwest, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Rideqwest shall be given by certified mail, postage prepaid and return receipt requested to Rideqwest, LLC, 7500 Calderon Court, Suite A, Alexandria, VA 22306. Any notices to You shall be provided to You through the Rideqwest Platform or given to You via the email address or physical address You provide to Rideqwest during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation.” A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between You and Rideqwest with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If You have any questions regarding this Agreement, the Rideqwest Platform or our Services, please contact us at support@rideqwest.com.