Terms and conditions
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between the User (“User” “you” “your” “yours”) and Ridj-it, LLC, a Massachusetts Limited Liability Company, with its principal place of business at 58 Libby Avenue, Reading, MA 01867 (“Ridj-it” “we” “us” “our” “ours”).
In addition to the terms defined elsewhere in this Agreement, the following definitions apply:
“Application” means the Ridj-it rideshare platform, the Ridj- It website and any other software application which is currently available, or made available in the future, whether mobile, website-based, online-enabled, or otherwise, which is developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by Ridj-it (or its Affiliated Companies) to run on personal computers, smartphones, tablet computers and/or other devices, through which the Services (as defined below) are made available.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, data, information or other materials.
“Merchant Processor” means an outside PayPal which Ridj-it has contracted to handle the collection and disbursement of fees associated with the use of the Services.
“Packages” means any additional goods and/or services offered by Ridj-it to passengers and drivers from ski resorts, gear shops, restaurants or otherwise in addition to the transportation services.
“Services” means an online-enabled software platform that enables users of the Ridj-it Application provided as part of the Services to purchase Packages from Third Party Providers and to arrange, order, and/or schedule Driver Services with other Users. Collectively, associated Applications, Packages and Driver Services shall be referred to as the “Services”.
“Third Party Provider” means an independent third party who provides services to Users through the Ridj-it Services including but not limited to, package deals, discounts relating to the Trip, and other advertised content which is made available through the Ridj-it Services.
“Trip” means the entire period of time between the pick-up time and arrival at you destination and the entire period of time between the time of departure and drop-off time as stated on the Ridj-it Services or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services.
PLEASE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE RIDJ-IT APPLICATION AND/OR ANY SERVICES PROVIDED BY RIDJ-IT.
BY ACCESSING OR USING THE RIDJ-IT APPLICATION AND SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND RIDJ-IT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE RIDJ-IT SERVICES AND/OR THE RIDJ-IT APPLICATION.
RIDJ-IT may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the RIDJ-IT Application and/or RIDJ-IT Services or any portion thereof, at any time for any or no reason whatsoever.
RIDJ-IT may amend and/or change the Terms and Conditions related to the RIDJ-IT Application and/or Services from time to time. Such changes will be effective immediately upon posting of such changed Terms and Conditions on the Webs or in/through the Application and no other notice shall be required. Hereby, you expressly acknowledge and agree that it is your responsibility to regularly review this Agreement, and by continued use of the RIDJ-IT Application and/or Services after any changes are made, you consent to, and acknowledge that you have reviewed and understood such changes.
YOUR CONTINUED ACCESS OR USE OF THE RIDJ-IT APPLICATION AND/OR THE RIDJ-IT SERVICES AFTER SUCH POSTING CONSTITUTES YOUR CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS, AS AMENDED.
RIDJ-IT DOES NOT PROVIDE TRANSPORTATION SERVICES, AND RIDJ-IT IS NOT A TRANSPORTATION CARRIER. RIDJ-IT ACTS AS A VENUE TO ALLOW USERS WHO COMPLY WITH RIDJ-IT'S POLICIES TO CONNECT WITH OTHER USERS. RIDJ-IT IS NOT DIRECTLY INVOLVED IN THE TRANSACTIONS BETWEEN USERS. IT IS UP TO USERS TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE ORDERED AND/OR SCHEDULED THROUGH THE USE OF THE RIDJ-IT SERVICES AND/OR RIDJ-IT APPLICATION (“USER SERVICES”). RIDJ-IT OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH USER SERVICES, BUT DOES NOT (AND DOES NOT INTEND TO) PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. RIDJ-IT DOES NOT PRE-SCREEN USERS OR THE CONTENT OR INFORMATION PROVIDED BY USERS. RIDJ-IT DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF OTHER USERS. RIDJ-IT CANNOT GUARANTEE THE TRUE IDENTITY, AGE, AND/OR NATIONALITY OF A USER. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A USER WILL MEET YOUR NEEDS AND EXPECTATIONS. RIDJ-IT ENCOURAGES YOU TO COMMUNICATE DIRECTLY WITH POTENTIAL TRANSACTION PARTNERS THROUGH THE TOOLS AVAILABLE THROUH THE APPLICATION OR SERVICES. AS A RESULT, RIDJ-IT HAS NO CONTROL OVER THE QUALITY, SAFETY, MORALITY OR LEGALITY OF ANY ASPECT OF THE USER SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT RIDJ-IT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY USER SERVICES PROVIDED TO YOU BY SUCH A USER THROUGH THE USE OF THE SERVICES.
RIDJ-IT WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND ANOTHER USER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING OTHER USERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF USER SERVICES ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. RIDJ-IT SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH OTHER USERS.
YOU AGREE THAT RIDJ-IT IS A MARKETPLACE/VENUE ONLY AND THEREFORE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, INFORMATION, USERNAMES, GRAPHICS, IMAGES, PHOTOGRAPHS, PROFILES, AUDIO, VIDEO, ITEMS, AND LINKS POSTED BY YOU, OTHER USERS, OR OUTSIDE PARTIES ON RIDJ-IT.
By using the Services, you represent and warrant that you are 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. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services.
To be able to access and use the Services and the Application, you will be required to register with Ridj-it and create a user profile. The registration requires you to submit to Ridj-it your personal information, including your name, date of birth, mobile phone, government issued identification and at least one payment method as determined by the Merchant Processor. You agree to maintain accurate and complete information in your user profile at all times, and timely update the same in the event of any changes. Your failure to maintain accurate and complete information in your user profile and with the Merchant Processor, including having an invalid or expired credit card information, may result in your inability to access and use the Services and/or the Application, as well as Ridj-it may terminate this Agreement with you. You are responsible for all activity that occurs under your user profile, and, as such, you agree to maintain the security and secrecy of your username and password at all times.
Your participation in using the Services and/or Application is for your sole, personal, and noncommercial use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws of your home jurisdiction (the country, state and city), in which you are present while using the Services.
Should an Application be made available in the future, it is your responsibility to check to ensure you download the correct Application for your device. Ridj-it is not liable if you do not have a compatible device and/or operating system, or if you have not downloaded an appropriate version of the Application onto your mobile device. Ridj-it reserves the right to terminate this Agreement should you use the Services with an incompatible.
By using the Services, you agree that:
You will only use the Services for lawful purposes.
You will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Services to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm or hinder the Services in any way whatsoever.
You will not copy or distribute the Application or other content without written permission from Ridj-It.
You will only use the Services for your own use and will not resell it to a third party.
You will keep secure and confidential your account username and password or any identification we provide to you, which allows the access to the Services.
You will provide Ridj-it with whatever proof of identity we may reasonably request.
You will only use an access point or data account, which you are authorized to use.
You are aware that when using the Services via your mobile device, including Text Messaging (SMS), Voice Calls, and Email, standard messaging and/or data charges will apply.
You will arrive on time.
You will not damage the vehicle in any way.
You will be clean and bathed prior to the Trip.
You will abide by the wishes of others while in the car, including but not limited to, the volume of your voice and music, storing any food that is determined to be offensive or irritates the allergies of others.
You understand the vehicle is limited by space and agree to determine the correct amount of belongings to take on the Trip with the other Users.
As a driving User, you agree that:
You will arrive to the pick-up location on time.
You will ensure that the interior of your vehicle is clean and free of clutter prior to arriving at the pick-up location.
You will ensure your vehicle is functioning safely and reliably, you are responsible for the costs associated with getting your vehicle into proper working condition.
You will obey all laws and posted rules of the road during the duration of your trip.
You agree that you are licensed to drive in any state that your vehicle drives in, and that you carry valid insurance for your vehicle.
You will be adhere to all local and federal laws and regulations regarding the consumption of drugs and alcohol while operating a vehicle. If you have prescription medication you must obey all directions on the container and if you or anyone else feels that they are impairing your abilities in any way, you will cease driving.
You are completely responsible for the cost of repairs to your vehicle unless they were directly caused by other users.
You are completely responsible for any tickets, fines, or otherwise incurred during the trip.
The following fees will be charged by Ridj-it for its Services and for User Services:
The Trip fare, including the cost of gas and toll charges will be charged on a per-trip basis, dependent on the distance travelled, prior to departure. Please refer to our Application for the fare for a specific Trip.
Packages offered by Ridj-it are available to purchase in addition to the Services.
From time to time, Ridj-it may offer you special promotions related to the use of Ridj-it Services by you, your family members, or friends. Such promotions may be contingent, among other things, on the use, and may require certain actions, by you, your family members, or friends. Further, such promotions will be subject to limited availability and additional terms and conditions, which will be displayed to you at the time you receive such promotions, including but not limited to certain actions that may be required, expiration time, etc.
RIDJ-IT RESERVES THE RIGHT TO TERMINATE OR MODIFY, WITHOUT NOTICE, ANY PROMOTIONS AND THEIR RESPECTIVE TERMS AND CONDITIONS, AT ANY TIME FOR ANY REASON OR NO REASON WHATSOEVER. RIDJ-IT DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OR INABILITY TO USE SUCH PROMOTIONS OR YOUR RELIANCE ON THE COMPLETENESS AND ACCURACY OF ANY INFORMATION RELATED TO SUCH PROMOTIONS, INCLUDING THE MERE EXISTENCE OR AVAILABILITY THEREOF.
LICENSE GRANT, RESTRICTIONS, INTELLECTUAL PROPERTY AND COPYRIGHT POLICY License Granted by User.
Subject to the license granted below, any User Content communicated, uploaded or posted to/through the Services belongs to the person who posted such content. You may use any User Content posted by you in any other way without restriction. You may only use Content posted by others in the ways permitted by this Agreement.
When you upload, communicate or submit User Content on or through the Services, you grant Ridj-it a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully sublicensable license to publish and use your User Content. This right will continue even after you stop using the Services. Besides the right to publish, you also grant Ridj-It, under said license, the following rights, without limitation:
the right to reproduce or copy or create derivative works;
the right to transfer, deliver, and sell the User Content, which includes the distribution via computer and networks;
the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part;
the right to update/upgrade by adding or removing;
the right to use or post the User Content in any media. By posting the User Content, you waive any and all rights to be compensated by Ridj-It, its subsidiaries and/or affiliates for such User Content.
You agree that any feedback, suggestions, ideas, or other information or materials regarding Ridj-it or the Services that you provide, whether by email or otherwise, are non-confidential and shall become the sole property of Ridj-It. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without the acknowledgment or compensation to you. You waive any rights you may have to the feedback (including copyrights or any other rights).
The submission of your User Content on/through the Services is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:
The User Content represents your own original work. You have all necessary rights to submit the User Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by using the User Content.
You understand that disclosure of User Content does not establish a confidential relationship or obligate Ridj-it to treat your User Content (or any related materials) as secret or confidential.
You irrevocably release and forever discharge Ridj-It, its subsidiaries and affiliates (together, the “Released Parties”) from any and all liabilities, actions, causes of actions, claims, damages, and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns regarding the User Content, including without limitation regarding how Ridj-It, its affiliates and subsidiaries, directly or indirectly, use the User Content, with the sole exception regarding the foregoing release and discharge being your right to bring a claim for patent infringement.
Intellectual Property Ownership.
Ridj-it alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to the Application and the Services and any improvements, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application and/or the Services.
This Agreement is not a sale agreement and it does not convey to you any rights of ownership (or any other interest) in or related to the Application, the Services, or any intellectual property rights owned by Ridj-It, its licensors, subsidiaries and affiliates. Ridj-it name, logo, and any product/service names associated with the Application and the Services are trademarks of Ridj-it or third parties, whether registered or not, and no right or license is granted to you with respect to using the same.
DMCA/IP Notification Policy
a. To notify Ridj-it of infringing or unlawful content, please provide Ridj-it with the following information:
Your name, address, telephone number and e-mail address;
A description of the exact location in the Application or Services of the infringing or unlawful content;
A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damages by the content.
Ridj-it takes such notices very seriously. We will evaluate the provided notice and if appropriate based on our sole discretion notify our vendors and users of your claim and/or remove accounts or disable access to the Service. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. We encourage you to see the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
Ridj-it may be notified of claims of intellectual property infringement by emailing the above requested information to Rik Ganguly at email@example.com
Because Ridj-it allows content to be posted from third parties and third party websites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, we strongly suggest that if you believe your intellectual property has been infringed by Ridj-it or a User posting content from a third party website, we strongly suggest you contact the Us, third party or third party site directly and request the allegedly infringing material be taken down.
THIRD PARTY INTERACTIONS.
During the use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of Third Party Providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Third Party Provider. Ridj-It, its licensors, subsidiaries and affiliates shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such Third Party Provider. Ridj-it does not endorse any sites on the Internet that are linked through the Services, and in no event shall Ridj-It, its licensors, subsidiaries or affiliates be responsible for any content, products, services or other materials on or available from such sites or Third Party Providers. Ridj-it provides the Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain Third Party Provider of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Ridj-it disclaims any and all responsibility or liability arising from such agreements between you and Third Party Providers.
Ridj-it may rely on third party advertising and marketing supplied through the Services and other mechanisms to promote or subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. Ridj-it may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through/on the Application and/or the Services.
RIDJ-IT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. RIDJ-IT DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICES AND THE APPLICATION ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY RIDJ-IT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
RIDJ-IT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY, THROUGH, OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE SERVICES AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATION. RIDJ-IT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY.
(A) IN NO EVENT SHALL RIDJ-IT, ITS LICENSORS, SUBSIDIARIES, AND/OR AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF RIDJ-IT HAS BEEN ADVISED OF SUCH DAMAGES. RIDJ-IT, ITS LICENSORS, SUBSIDIARIES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY, WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, USER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR IS REFERRED BY THE SERVICES, EVEN IF RIDJ-IT, ITS LICENSORS, SUBSIDIARIES, AND/OR AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) RIDJ-IT MAY INTRODUCE YOU TO OTHER USERS FOR THE PURPOSES OF PROVIDING TRANSPORTATION SERVICES AND/OR PACKAGES RELATING TO GOODS AND SERVICES THAT MAY BE ADVANTAGEOUS DURING YOUR TRIP. HOWEVER, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTY OR OTHER USER AND YOU HEREBY EXPRESSLY WAIVE AND RELEASE RIDJ-IT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR INABILITY TO THEREOF, OR IN ANY WAY RELATED TO THE OTHER USERS OR THIRD PARTIES INTRODUCED TO YOU BY/THROUGH THE SERVICES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. (C) THE QUALITY OF TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF OTHER USERS WHO ULTIMATELY PROVIDE SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND AND AGREE THAT BY USING THE APPLICATION AND THE SERVICES, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK. Notice.
Ridj-it may give notice by means of a general notice on/through the Services, electronic mail to your email address stored in your user profile with Ridj-It. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending. You may give notice to Ridj-It, and such notice shall be deemed given upon receipt by Ridj-It, when sent by email to firstname.lastname@example.org.
This Agreement may not be assigned by you without the prior written approval of Ridj-it but may be assigned without your consent by Ridj-it to (i) a parent, subsidiary, or affiliate (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By downloading, installing, and using the Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
USER DISPUTES, CANCELLATION FEE AND LATE ARRIVAL User Disputes.
In the event a dispute arises between you and another User or a Third Party Provider, Ridj-it encourages you to contact the applicable User or Third Party Provider to resolve the dispute amicably. If you have a dispute with one or more Users or Third Party Providers you release Ridj-it (and Ridj-it’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If Users have a dispute resulting from a transaction that occurs through the Services, they must resolve such dispute amongst themselves. Ridj-it has no obligation to resolve disputes between Users or between Users and Third Party providers or outside parties. To the extent that Ridj-it attempts to resolve a dispute, Ridj-it will do so in good faith based solely on Ridj-it's policies. Ridj-it will not make judgments regarding legal issues or claims.
You may also report User-to-User disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Ridj-it (and Ridj-it's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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 with disputes with one or more Users, Third Party Providers or any outside party.
You agree that if you cancel the trip within twenty-four (24) hours of the pick-up time, you will be charged a cancellation fee equal to one hundred (100%) percent of the trip cost (the “Cancellation Fee”). In the event that you cancel the trip more than twenty-four (24) hours prior to the scheduled pick-up time, Ridj-it will provide you with a credit for the trip fee which may be used for a future trip. In the event a trip is cancelled as a result of inclement weather, in Ridj-it’s discretion, Ridj-it will provide you with a full refund for the applicable trip fee, in accordance with Ridj-it’s standard refund policies.
Passenger’s Late Arrival.
You understand and agree that once a driving User arrives at the pick-up location at the agreed upon time, the driving User will wait a period of fifteen (15) minutes for your arrival (the “Waiting Period”). You also understand and agree that failure to arrive during the Waiting Period will be treated as a cancellation of your participation in the trip, subject to the Cancellation Fee. should the driving User leave after the Waiting Period;. Driving User will make an attempt to contact you during the Waiting Period by phone to determine your location and estimated time of arrival to the pick-up location. After the Waiting Period, the driving User has the right to embark on the trip without you, unless a longer period has been agreed upon during the aforementioned phone contact.
NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you, Ridj-it or any third party as a result of this Agreement or use of the Services and/or Application.
This Agreement comprises the entire agreement between you and Ridj-it and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Any word defined as a plural or vice versa shall have the same weight and effect as if the word was originally defined as its plural or singular form.
By entering into this Agreement and using the Application and the Services, you agree that you shall defend, indemnify and hold Ridj-It, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including without limitation any trademark, copyright, other proprietary or privacy right, or providers of transportation services arranged via the Services, (c) your use or misuse of the Services, or (d) your negligent and willful act.
This Agreement may not be assigned by you without the prior written approval of Ridj-it but may be assigned without notice by Ridj-it to (i) a parent, subsidiary, or affiliate (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
We make no representations that the content or the Services or the Applications are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Services or Applications from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Services and/or Applications.
The Services and Applications are created and controlled by the Commonwealth of Massachusetts, United States of America. Any disputes arising from the Services, Applications, their contents shall be construed and interpreted under the laws of the Commonwealth of Massachusetts, and applicable United States federal laws. Use of the Services and Applications constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.
The Services and Applications are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data through the Services or Applications, as may be required.
GENERAL Dispute Resolution.
You and Ridj-it agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Middlesex, Massachusetts. You and Ridj-it each
consent to the jurisdiction and venue of any federal or state court located within Middlesex County, Massachusetts, and
Waive any objection to jurisdiction or venue of, and waive any motion to transfer venue from, any of the aforesaid courts. You and Ridj-it waive all rights to a trial by jury in any action or proceeding to enforce or defend any rights under this Agreement.
If any provision of this Agreement is or becomes invalid, unenforceable, or non-binding such provision shall not invalidate the rest of the agreement, and the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid, unenforceable, 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, unenforceable, or non-binding provision, given the contents and the purpose of this Agreement.
The failure of Ridj-it to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ridj-it in writing.
You acknowledge and agree that you and Ridj-it are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding.
Notwithstanding the modification-related provisions above, if Ridj-it changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending Ridj-it written notice (including by email to ) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Ridj-It’s email to you, if applicable, notifying you of such change. By rejecting such change, you are agreeing that you will resolve any Dispute between you and Ridj-it in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).