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 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.
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).
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.
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
• Service Fee. rideColorado may assess a per-ride “Service Fee” to support the rideColorado Suite and related services provided to you by rideColorado. The amount of the Service Fee may vary but shall be retained by rideColorado in its entirety.
• Cancellation Fee. After requesting a ride you may cancel it, but note that in certain cases a cancellation fee may apply.
• Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by rideColorado in its sole discretion), towards vehicle repair or cleaning. rideColorado reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Driver whose car was damaged.
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.
• Commission. In exchange for permitting you to offer your Services through the rideColorado Suite and marketplace as a Driver, you may pay rideColorado (and permit rideColorado to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission Discussion, if commission is charged. rideColorado reserves the right to change the Commission at any time in rideColorado’s discretion based upon local market factors, and rideColorado will provide you with notice in the event of such change. Continued use of the rideColorado Suite after any such change in the Commission calculation shall constitute your consent to such change.
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.
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.
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.
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.
With respect to your use of the rideColorado Suite and your participation in the Services, you agree that you will not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, rule, permit, ordinance or regulation;
d. interfere with or disrupt the Services or the rideColorado Suite or the servers or networks connected to the rideColorado Suite;
e. post Information or interact on the rideColorado Suite or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the rideColorado Suite in any way that infringes 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;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the rideColorado Suite;
i. “frame” or “mirror” any part of the rideColorado Suite, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the rideColorado Suite or any software used on or for the rideColorado Suite;
k. rent, lease, lend, sell, redistribute, license or sublicense the rideColorado Suite or access to any portion of the rideColorado Suite;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the rideColorado Suite or its contents;
m. link directly or indirectly to any other web sites;
n. transfer or sell your Traveler account, password and/or identification to any other party
o. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
p. cause any third party to engage in the restricted activities above.
By providing Services as a Driver on the rideColorado Suite, you represent, warrant, and agree that:
a. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
b. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
c. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the rideColorado community or third parties.
d. You will only provide Services using the vehicle that has been reported to, and approved by rideColorado, and for which a photograph has been provided to rideColorado, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
e. You will not make any misrepresentation regarding rideColorado, the rideColorado Suite, the Services or your status as a Driver.
f. You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
g. You will not attempt to defraud rideColorado or Riders on the rideColorado Suite or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
h. You will make reasonable accommodation for Riders and/or for service animals, as required by law
i. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
j. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
k. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
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.
The following disclaimers are made on behalf of rideColorado.
rideColorado does not provide transportation services, and rideColorado is not a transportation carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the rideColorado Suite, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the rideColorado Suite. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
We cannot guarantee that each Traveler is who he or she claims to be. Please use common sense when using the rideColorado Suite and Services. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
rideColorado is not responsible for the conduct, whether online or offline, of any Traveler of the rideColorado Suite or Services. You are solely responsible for your interactions with other Travelers. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the rideColorado Suite and participating in the Services, you agree to accept such risks and agree that rideColorado is not responsible for the acts or omissions of Travelers on the rideColorado Suite or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the rideColorado Suite (including any profile information you provide), send to other Travelers, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Travelers on the rideColorado Suite or through the Services. Please carefully select the type of information that you post on the rideColorado Suite or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Travelers (including unauthorized travelers, or “hackers”).
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.
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.
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.
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.