THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH BISONRIDES LLC OFFERS YOU ACCESS TO THE BISONRIDES PLATFORM.
This is the user agreement (the “Agreement” or “Terms of Service”) for BisonRides Platform, an application owned and operated by BisonRides LLC, whose office is located in Lewisburg, Pennsylvania. This Agreement, entered into between You and BisonRides is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and BisonRides (“BisonRides,” “We,” “Us” or “Our”). The Agreement or Terms of Service, individually and interchangeably refer to the updated/revised terms of service for BisonRides Platform, as periodically revised/updated and made available on the BisonRides Platform.
BisonRides Platform would mean and refer to the application, that providing a matchmaking Service to benefit Bucknell students both with and without cars for ride sharing.
Your use and access, to the BisonRides Platform is licensed by BisonRides only upon the condition that You accept all the terms contained in this Agreement. By using the BisonRides Platform, You confirm that You understand this Agreement and accept all of its terms. Any use of the BisonRides Platform without accepting the terms of the Agreement shall be deemed as illegal and unauthorised use of the BisonRides Platform. Should You choose not to accept to the terms in this Agreement, You shall not use the BisonRides Platform. We reserve the right to amend this Agreement from time to time and we shall post the updated terms on the BisonRides Platform. When We post amended terms on the BisonRides Platform, You agree that, You may not use the Services without accepting them. All amended terms shall automatically be effective after they are posted on the BisonRides Platform.
BisonRides Platform is intended to be used only on private vehicles (Non-transport vehicles) by Drivers (irrespective of such person being the owner of such vehicle or otherwise) who are not registered as public service vehicle/transport vehicle/taxi service provider/taxi operators.
FOR THE PURPOSES OF BISONRIDES SERVICES BISONRIDES PLATFORM DOES NOT PROVIDE PUBLIC OR PRIVATE TRANSPORTATION SERVICES, AND BISONRIDES PLATFORM IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE “DRIVER” OR RIDE VEHICLE OWNER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A “RIDER” CONTACTED THROUGH THE BISONRIDES PLATFORM, AND IT IS UP THE “RIDER” TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY “DRIVER” CONTACTED THROUGH THE BISONRIDES PLATFORM. ANY DECISION BY A USER (DRIVER OR RIDER) TO OFFER OR TAKE RIDE ONCE SUCH USER IS MATCHED THROUGH THE BISONRIDES PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. BISONRIDES HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY “RIDER” BY ANY “DRIVER” USING THE BISONRIDES PLATFORM. YOU AGREE THAT BISONRIDES PLATFORM ONLY PLAYS A TRANSIENT ROLE IN PROVIDING A TECHNOLOGICAL PLATFORM FOR CONNECTING YOU WITH A DRIVER/ RIDER, AS THE CASE MAYBE AND AS SUCH, BISONRIDES PLATFORM IS AND CONTINUES TO BE AN INTERMEDIARY.
Definitions:
“Account” is the user account (i) that needs to be created by each Rider for registration and usage and (ii) automatically created by the BisonR ides Platform for the Driver.
“Confidential Information” shall carry the meaning as provided in Clause 21.1.
“Ride Vehicle” shall mean the vehicle intended to be used by a Driver for own purpose and willing to share ride with the Rider (as defined below), and listed on the BisonRides Platform by such Driver and is not registered as a taxi, stage carrier, contract carrier, transport vehicle or public service vehicle.
“Driver” is an individual (registered on our platform) who is using a Ride Vehicle to travel on a particular route and at a particular time for their own purpose, and willing to share the empty seats with other like-minded persons. The Driver shall be legally eligible to drive the Ride Vehicle in United States of America.
“Rider” is the individual who is looking to travel to a place at a particular time, and who is willing to join others. They prefer to participate in carpooling in rotation or share ride costs (Such as fuel) with Drivers.
“Service” shall mean the service provided by BisonRides through the BisonRides Platform, by providing information and a means to discover and connect people traveling in their private vehicle on the same route same time as per the individual preferences.
“Trip” shall mean the ride offered by the Driver in BisonRides Platform
“User” means any user of the BisonRides platform by providing requisite data (correctness of which is the responsibility of the user herself/himself) with an express interest in the Service(s) either a Driver or a Rider by the very act of registering, implicitly agrees to abide by all the Terms & Conditions laid out by BisonRides.
“Your Information” shall include any and all information You provide in BisonRides Platform for the creation of/ or in your Account.
ELIGIBILITY
Our Services are available only to and may only be used by individuals who have Bucknell email address provided by Bucknell University, Pennsylvania and can form legally binding contracts under the applicable law. Without limiting the foregoing, Our Services are not available to minors (persons under the age of 18) or to temporarily or indefinitely terminated Users, both directly or otherwise.
You represent that You are solely and fully responsible for all the activities that occur under Your Account. BisonRides has no control over the use of Your Account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your Account or You suspect any other breach of security, You shall do all possible to secure and prevent further any such access and You will also contact Us immediately.
VERIFICATION OF E-MAILS AND PHONE NUMBER
By accepting the terms and conditions contained herein, every User or any person who wishes to register as a User hereby agrees and consents to the fact that BisonRides collects and uses the profile information like name, address, email ID, phone numbers – for the purpose of verification of those information by third party service providers.
BISONRIDES E-MAIL COMMUNICATIONS
E-mail communications sent from Us or through Us are designed to make Your BisonRides experience more efficient and as part of usage of BisonRides platform and Services.
By becoming a User, You specifically agree to accept and consent to receiving e-mail communications from Us or through Us, which include, without limitation: usage related information, new services or matching options, features of BisonRides, similar products and service information and any promotional offers or communications.
If You do not wish to receive any of our e-mail communications, you may not use the Services and BisonRides platform.
DRIVER AND RIDER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS.
By using the BisonRides Services, the Driver represents, warrants the following to both BisonRides and any Rider and agrees that:
a. Such Driver is at least 18 years of age and has the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
b. Such Driver possesses a valid driver’s license and is authorized to operate a motor vehicle and has all appropriate licenses, registrations, insurance, and authority to drive/ride the Ride Vehicles in all jurisdictions in which such Driver uses the Services. Such Driver owns, or has the legal right to operate, the Ride Vehicle such Driver uses when accepting Rider, and such Ride Vehicle is in good operating condition and meets all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
c. Such Driver is named on the insurance policy covering the Ride Vehicle and also covers the occupants (including, but not limited to, Riders) in the Ride Vehicle and any third-party liability when accepting the Rider.
d. The Driver understands that the Rider is entitled to request evidence of the insurance, registration certificate, driving licence, etc in advance and at any time up to completion of the Trip.
e. Such Driver is not registered or enrolled or in any manner recorded in any private enterprise record or public record as a taxi or a public/stage or contract carrier driver or operator and that the Ride Vehicle is not registered with any appropriate authority as a public service transportation vehicle, stage carrier/ contract carrier or tourist vehicle.
f. Such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the Ride Vehicle such Driver uses to share ride with Riders, including, but not limited to personal injuries, death and property damages.
g. In the event of a motor vehicle accident, such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with insurance carrier.
h. Such Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
i. Such Driver will only accept Riders using the Ride Vehicle that has been reported to and added on BisonRides Platform.
j. Such Driver will not discriminate 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.
k. Such Driver will not demand any additional cost from the Rider other than the mutually pre-agreed cost.
l. That the Trip shall not be for any fraudulent, unlawful or criminal activity.
m. That the Driver will present himself/herself on time and at the place agreed with the specified Ride Vehicle;
n. the Driver will immediately inform all Riders of any change whatsoever to the scheduled Trip. The Driver must comply with the agreed timings and reach the pickup point on time or keep the Rider informed in case of any unforeseen delay. The Driver shall not deviate from the agreed route, unless under exceptional circumstances when the agreed route becomes untenable. In case of any deviation due to exceptional circumstances the Driver must keep the Rider informed of any such change before the deviation, and at the earliest possible time.
o. If one or more Riders have joined the ride already and the Driver decides to change any aspect of the Trip, the Driver undertakes to contact all Riders who have made a booking in relation to that Trip and to obtain the agreement of all Riders to the change. If a Rider refuses the change, they are entitled to one additional connection at no cost. To redeem, please notify BisonRides via email (bisonrides4@gmail.com) only redeemable if notification of such happens within a reasonable time.
10.2 The Rider agrees, represents and undertakes to both BisonRides and the Driver:
a. that such Rider is at least 18 years of age and have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
b. That the Trip shall not be for any fraudulent, unlawful or criminal activity.
c. That such Rider will present him/herself on time and at the pickup point agreed with the Driver;
d. That such Rider will immediately inform the Driver if they are required to cancel a Trip.
e. That such Rider will share the agreed ride cost with the Driver by the completion of the ride.
f. That such Rider will not cancel the Trip at last minute and they agree to share the agreed ride cost with the Driver, when cancelled at the last minute.
g. Such Rider will not discriminate 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.
10.3 With respect to Your Account on the BisonRides Platform or through the BisonRides Services, You agree that You will not:
a. Impersonate any person or entity;
b. “Stalk” or otherwise harass any person;
c. 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 Services or its contents or user information of BisonRides platform;
d. 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;
e. remove any copyright, trademark or other proprietary rights notices contained in the Service;
f. interfere with or disrupt the Services or the BisonRides Platform or the servers or networks connected to the Services or the BisonRides Platform;
g. 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;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
i. “frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the BisonRides Platform in order to direct any person to any other web site for any purpose; or
j. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.
k. You further agree that Your Information and Your interactions for the Services on the BisonRides Platform shall not:
l. be false, inaccurate or misleading (directly or by omission or failure to update information);
m. 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;
n. be defamatory, trade, abusive, obscene, profane, offensive, sexually offensive, threatening, harassing, racially offensive or illegal material;
o. contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
p. include Your Information other than where explicitly asked for it in the registration and profile section;
q. 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;
r. create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or
s. link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your BisonRides account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any User that does not comply with these prohibitions.
10.4 Notwithstanding anything in the foregoing, Users agree and accept that all of the information they provide to BisonRides when setting up their user Account and at any other time later, shall be true, correct, complete and accurate in all respects. Users also agree that any information supplied to BisonRides or posted on the BisonRides Platform in connection with any Trip or Ride Vehicle will be true, accurate and complete. Unless expressly agreed by BisonRides, Users are limited to one User Account per person/User. No User Account may be created on behalf of, or in order to impersonate, another person. BisonRides reserves the right to suspend the account or apply penalty for the Users who violate the intended use and terms and conditions.
10.5 If any of the User fail to comply with any of these terms or any other conditions BisonRides reserves the right to keep information relating to the breach, to publish or disclose this information on the Users online profile and to suspend or withdraw the Users access to the BisonRides Platform, in addition to enforcing such other rights and remedies available under law, that it may explore.
SAFETY:
You are responsible for your safety with regard to the Trip undertaken using the Services on the BisonRides Platform. BisonRides Platform for Services is only a technology-enabled social platform that helps you to initiate, accept and undertake a Trip in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic on the roads. You are encouraged to use BisonRides responsibly and safely, BisonRides provides you with available rides but does not guarantee they will meet your requirements based on your routes and it is up to the Driver and Rider to choose the Trip and the Rider/Driver vice versa.
RESTRICTED ACTIVITIES:
You agree that You will use the BisonRides 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 account.
Your Account in the BisonRides Platform will be terminated, if You have misused the BisonRides Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
By accepting this Agreement, you agree that:
We may obtain information about You, including without limitation the Driver’s driving record, location, references, contacts and credit information.
You hereby, expressly agree, and this shall be deemed to be a written consent as per the relevant laws, authorizing Us to perform a background check on You, and further agrees to provide any necessary authorization through mail, letter or fax to facilitate BisonRides access to the Your official driving record, references and credit information during the term of the Agreement.
You accept the terms of BisonRides’s Privacy Policy.
PAYMENT TERMS
1. BisonRides receives an administrative fee (the “Administrative Fee” or “Platform Fees” or “Service Fees”) for each ride shared towards the cost of technology, services, infrastructure and support. We may change the Administrative Fee as deemed necessary for Our business.
All payments made are non-refundable.
The Administrative Fees, shall be facilitated through standard payment gateway, BisonRides’s third-party payment processing services.
BisonRides platform should not be used for moving money between wallets and for any financial transfers or for any money laundering activities.
BisonRides as a platform shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, by payment gateway services.
BisonRides will not be involve in any transaction between the Users relating to a Trip, and all payments and its modalities should be discussed and agreed between the Users.
TERMINATION
We may terminate or suspend the access to our BisonRides and/or BisonRides Platform at any point in time without cause and without prior notice or liability, including without limitation any breach of these terms. Upon such termination, We may retain an archived copy of records We have about You as may be required by law. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your Account in the BisonRides Platform is terminated, this Agreement will remain in effect.
You may terminate Your Account in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination.
INTELLECTUAL PROPERTY OWNERSHIP
BisonRides shall own all right, title and interest, including all related intellectual property rights, in and to the BisonRides Platform, 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; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) any suggestions, ideas, enhancement requests, feedback, data, recommendations or any other offering or information provided by You or any other party relating to the BisonRides Platform. Third party trademarks may appear on this BisonRides Platform and all rights therein are reserved to the registered owners of those trademarks. Contingent upon Your compliance with the terms and conditions of this Agreement, BisonRides hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the BisonRides Platform on any device that You own or control and as permitted by the rules prescribed by platforms.
You shall not (i) license, sublicense, sell, resell, transfer, assign, rent, lease, lend, redistribute, distribute or otherwise commercially exploit or make available to any third party, BisonRides or BisonRides Platform in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the BisonRides Service or “frame” or “mirror” any BisonRides Platform on any other server or wireless or Internet-based device; (iv) reverse engineer or access the BisonRides Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or BisonRides Platform, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of BisonRides or BisonRides Platform, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of BisonRides or BisonRides Platform.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the BisonRides Platform, or the data contained therein; or (v) attempt to gain unauthorized access to the BisonRides Platform, or its related systems or networks; or (vi) You shall not make copies of any data, information, pricing, features, codes, source codes, intellectual property, etc..
You acknowledge that BisonRides has no obligation to monitor Your access to or use of the BisonRides Platform, but has the right to do so for the purpose of operating the BisonRides Platform, to ensure Your compliance with these terms, or to comply with Applicable Law.
BisonRides reserves the right, at any time and without prior notice, to remove or disable access to any account, any information that BisonRides, at its sole discretion, considers to be in violation of these terms or otherwise harmful to the BisonRides Platform.
This license does not allow You to use the BisonRides Platform on any device, You do not own or control, and You shall not distribute or make the BisonRides Platform available over a network where it could be used by multiple devices at the same time.
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 the BisonRides Platform 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 Users, 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 to use, copy, perform, display and distribute such information and to prepare derivative works of, or incorporate into other works, such information, in any media now known or not currently known, with respect to Your Information. BisonRides will only use Your Information in accordance with Our Privacy Policy. You acknowledge that BisonRides may retain archived copies of Your Information. BisonRides does not assert any ownership over Your Information; rather, as between Us and You, subject to the rights granted to Us in these Terms of Service, You retain full ownership of all of Your Information and any intellectual property rights or other proprietary rights associated with Your Information. In addition, other Users may post copyrighted information on the BisonRides Platform, 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 Users on the BisonRides Platform.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
BisonRides respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to BisonRides’s Copyright Agent at bisonrides4@gmail.com, Subject: Attn: Copyright Agent.
A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow BisonRides to locate the material, and explain why You think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted;
Your address, telephone number, and e-mail address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
YOUR INFORMATION
Your Information will be stored by BisonRides and for the purposes of effective usage of the BisonRides Platform.
You consent to Us using Your Information to create a User account that will allow You to participate in all the services on the BisonRides Platform.
You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information.
When You use the BisonRides Platform, You agree to provide accurate, current and complete information as prompted by Our application input forms and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement.
You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services and you are liable for any legal actions.
You agree that BisonRides can use your information from time to time to analyze the data, publish the usage statistics, promotions and for providing the services and contribution to raise awareness about the benefits of the platform.
INFORMATION CONTROL
We cannot verify or guarantee the accuracy of the information Users provide Us on the BisonRides Platform, and We do not control the information provided by other Users that is made available through our system. Therefore, BisonRides 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 BisonRides Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using the BisonRides Platform, You agree to accept such risks and BisonRides is not responsible for the acts or omissions of Users on the BisonRides Platform. You will keep BisonRides indemnified from any loss or damages due to such wrong information or due to wrong usage of services.
PRIVACY
Usage of Services available on the BisonRides platform is subject to Privacy Policy. By using Services You accept and agree to be bound and abide by the Privacy Policy. BisonRides reserves the right to amend Privacy Policy from time to time.
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 that are protected by physical as well as technological security devices.
If You object to Your Information being transferred or used in this way, please do not use or access BisonRides Platform Services.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to BisonRides’s business, operations and properties (“Confidential Information”) disclosed to You by BisonRides 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 BisonRides in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to BisonRides with regard to any Confidential Information which You can prove:
a.was in the public domain at the time it was disclosed by BisonRides 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 BisonRides;
b.becomes known to You, without restriction, from a source other than BisonRides without breach of this Agreement by You and otherwise not in violation of BisonRides’s rights; or
c.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 BisonRides to enable BisonRides to seek a protective order or otherwise prevent or restrict such disclosure.
INDEMNITY
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:
a. Your breach of this Agreement or the documents it incorporates by reference; or
b. Your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of Your own interaction with such third party,
c. any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
d. Your ownership, your driver’s license, your right to use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Riders; and/or
e. any other activities in connection with the Services.
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, 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 SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH 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.WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF BISONRIDES PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS OF BISONRIDES PLATFORM OR THE SERVICES, OR INTRODUCED TO YOU VIA BISONRIDES PLATFORM OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, LOSS OF PRODUCTIVE TIME, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
ONLINE CONTENT DISCLAIMER
We do not guarantee the accuracy, completeness, or usefulness of any information on the Services 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. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We, Our officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
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 Services, or transmitted to Users.
We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the information that You post in BisonRides Platform. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the BisonRides Platform or the Services by persons under the age of 18yrs in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the BisonRides Platform or in connection with the Service, whether posted or caused by Users of the BisonRides Platform, by BisonRides, by third parties or by any of the equipment or programming associated with or utilized in the BisonRides Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the BisonRides Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the BisonRides Platform or in connection with any Content. BisonRides is not responsible for the conduct, whether online or offline, of any user of the BisonRides Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the BisonRides Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the BisonRides Platform or through the Services.
We are not involved in the actual ride provided by Drivers to Riders. As a result, We have no control over the quality or safety of the ride/Trip that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Users’ information listed on the BisonRides Platform. We cannot ensure that a Driver or Rider is who they claim to be or that a Drivers or Rider will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the BisonRides Platform and the Services at any time without notice.
The BisonRides Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. BisonRides assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. BisonRides is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the BisonRides Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Services.
BisonRides will try best to provide accurate information related to Location, Estimated time, User profiles. However, it is Your responsibility to validate before using. Company will try best to make services up and running reliably however it is not an obligation and there is no guarantee provided. BisonRides Carpool Platform shall not be used in critical or important scenarios, if used it is at Users discretion and liability.
BisonRides has no responsibility whatsoever for the actions or conduct of “Driver” or “Rider”. BisonRides has no obligation to intervene in or be involved in any way in disputes that may arise between “Drivers”, “Riders”, or Third Parties. Responsibility for the decisions you make regarding providing or accepting the ride/Trip rest solely with You. It is each User’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. BisonRides may but has no responsibility to screen or otherwise evaluate potential users. Users understand and accept that BisonRides has no control over the identity or actions of the Drivers and Riders , and BisonRides requests that Users exercise caution and good judgment when using the Services and Users use the services at their own risk and evaluation.
Notwithstanding anything in the foregoing and without prejudice thereto, BisonRides shall not be liable for any loss or damage arising as a result of:
a. The cancellation of a Trip by a Driver or Rider;
b. Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these conditions by a Driver or Rider before, during or after a Trip.
NO AGENCY
You and BisonRides are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
RELEASE:
In the event that You have a dispute with one or more Users, You agree to release BisonRides (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 BisonRides Platform or the Services offered on it.
BREACH
Without limiting other remedies, We may terminate Your Account, 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 subject BisonRides or You or any other User to regulation by any state or local government or regulatory agency; or
d. if We suspect that You have engaged in fraudulent activity in connection with the BisonRides Platform or the Services.
e. The feedback/rating from other users is low.
DISPUTES AND LEGAL CLAIMS
Any claim relating to the BisonRides Platform or use of the BisonRides Services will be governed by and interpreted in accordance with the laws of _______________ without reference to its conflict-of-laws principles. Any dispute arising out of or related to Your use of BisonRides Platform or use of the BisonRides Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of ________.
NOTICES, COMPLAINTS
Notices to You may be made via either email or regular mail. The BisonRides may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you on the BisonRides Platform.
To resolve a complaint regarding the Service, You should contact Us by email at ______________________.
GENERAL
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed severed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by BisonRides, 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 the User and BisonRides with respect to the subject matter hereof.