rideColorado Terms of Service

Last Updated: September 17, 2017

These terms of service constitute a legally binding agreement (the “Agreement”) between you and Ride Colorado, LLC (“rideColorado,” “we,” “us” or “our”) governing your use of the rideColorado suite of services (collectively, the “rideColorado Suite”).

By entering into to this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE RIDECOLORADO SUITE.

The rideColorado Suite

The rideColorado Suite provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Travelers”. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched by Ride Colorado, LLC shall be referred to collectively as the “Services”. Any decision by a Traveler to offer or accept Services is a decision made in such Traveler’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

Modification to the Agreement

In the event rideColorado modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. rideColorado reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the rideColorado Suite or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The rideColorado Suite may only be used by individuals who can form legally binding contracts under applicable law. The rideColorado Suite is not available to children (persons under the age of 18) or Travelers who have had their Traveler account temporarily or permanently deactivated. By becoming a Traveler, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Traveler account, and you agree that you are the sole authorized traveler of your account.

Charges

As a Rider, you agree to pay the amounts agreed to for your use of the rideColorado Suite and Services (“Charges”). Charges are set by drivers and agreed to before the start of the ride, plus any tips to the Driver that you elect to pay. rideColorado has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to rideColorado.net

Fees and Other Charges.

Payments

If you are a Driver, you may receive payment for your provision of Services. All Fare payments are determined by you and agreed to in advance. You will also receive any tips provided by Riders to you, and tips will not be subject to any rideColorado Commission.

Pricing.

You will inform rideColorado of your desired pricing. Once you have informed rideColorado of your pricing, you will not be able to modify rates upward based on demand, however, you may lower your rates at any time.

rideColorado Communications

By becoming a Traveler, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. Communications from rideColorado, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your Traveler account or use of the rideColorado Suite or Services, updates concerning new and existing features on the rideColorado Suite, communications concerning promotions run by us or our third- party partners, and news concerning rideColorado and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE RIDECOLORADO SUITE OR THE SERVICES.

Your Information

Your Information is any information you provide, publish or post to or through the rideColorado Suite (including any profile information you provide) or send to other Travelers (including via in-application feedback, any email feature, or through any rideColorado-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a Traveler account that will allow you to use the rideColorado Suite and participate in the Services. Our collection and use of personal information in connection with the rideColorado Suite and Services is as provided in rideColorado’s Privacy Policy located at www.rideColorado.net/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable rideColorado to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. rideColorado does not assert any ownership over your Information; rather, as between you and rideColorado, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your rideColorado Traveler account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to rideColorado through an SNS Account, you understand that rideColorado may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the rideColorado Suite to other Travelers. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

rideColorado, at its sole discretion, may make available promotions with different features to any Travelers or prospective Travelers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with rideColorado.

From time to time, rideColorado may offer you with incentives to refer new Travelers to the rideColorado community (the “Referral Program”). These incentives may come in the form of rideColorado Credits, and rideColorado may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

Restricted Activities

With respect to your use of the rideColorado Suite and your participation in the Services, you agree that you will not:

Driver Representations, Warranties and Agreements

By providing Services as a Driver on the rideColorado Suite, you represent, warrant, and agree that:

Intellectual Property

All intellectual property rights in the rideColorado Suite shall be owned by rideColorado absolutely and in their entirety.

These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the rideColorado Suite are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of rideColorado. rideColorado shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

RIDECOLORADO and other rideColorado logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of rideColorado in the United States and/or other countries (collectively, the “rideColorado Marks”). If you provide Services as a Driver, rideColorado grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the rideColorado Marks solely in connection with providing the Services through the rideColorado Suite (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without rideColorado’s prior written permission, which it may withhold in its sole discretion. The rideColorado Marks may not be used in any manner that is likely to cause confusion. Violation of any provision of this License may result in immediate termination of the License, in rideColorado’s sole discretion.

Disclaimers

The following disclaimers are made on behalf of rideColorado.

Indemnity

You will defend, indemnify, and hold rideColorado including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the rideColorado Suite and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) 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; (3) any allegation that any materials that you submit to us or transmit through the rideColorado Suite or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) 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 RIDECOLORADO, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “RIDECOLORADO” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, 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 THE RIDECOLORADO SUITE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE RIDECOLORADO SUITE, THE 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. THE RIDECOLORADO SUITE MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT RIDECOLORADO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THERE TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to rideColorado’s business, operations and properties, including Traveler information (“Confidential Information”) disclosed to you by rideColorado 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 rideColorado in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to rideColorado with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by rideColorado 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 rideColorado; becomes known to you, without restriction, from a source other than rideColorado without breach of this Agreement by you and otherwise not in violation of rideColorado’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 rideColorado to enable rideColorado to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with rideColorado

As a Driver on the rideColorado Suite, you acknowledge and agree that you and rideColorado are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and rideColorado expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and rideColorado; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind rideColorado, and you undertake not to hold yourself out as an employee, agent or authorized representative of rideColorado.

rideColorado does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the rideColorado Suite. You retain the option to accept or to decline or ignore a Rider’s request for Services via the rideColorado Suite, or to cancel an accepted request for Services via the rideColorado Suite, subject to rideColorado’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, rideColorado shall have no right to require you to: (a) display rideColorado’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying rideColorado’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.