More Legal Docs

Service Animal Policy (U.S.)

State and federal law prohibit driver-partners using the Spot A Ride Driver App from denying service to riders with service animals because of the service animals, and from otherwise discriminating against riders with service animals. As explained in Spot A Ride’s Non-Discrimination Policy, driver-partners who engage in discriminatory conduct in violation of this legal obligation will lose their ability to use the Driver App.

What is a Service Animal?

A service animal is an animal that is trained to work or perform tasks for an individual with a disability.

The law provides that there are only two questions that a driver-partner may ask to confirm that a rider’s animal is a service animal: (1) Is the animal required because of a disability? And, (2) What work or task has the animal been trained to perform? The driver-partner may not request that the rider present documentation proving that the rider’s animal is a service animal.

There is no requirement that a service animal wear a tag, be registered, or display any kind of proof that it is a service animal.

Legal Obligations of Driver-Partners

Driver-partners have a legal obligation to provide service to riders with service animals.

A driver-partner CANNOT lawfully deny service to riders with service animals because of allergies, religious objections, or a generalized fear of animals.

By virtue of their written Technology Services Agreement with Spot A Ride, all driver-partners using the Driver App have been made aware of their legal obligation to provide service to riders with service animals and have agreed to comply with the law. If a driver-partner refuses to transport a rider with a service animal because of the service animal, the driver-partner is in violation of the law and is in breach of their agreement with Spot A Ride.

Consequences for Refusal to Transport a Rider with a Service Animal

If Spot A Ride determines that a driver-partner knowingly refused to transport a rider with a service animal because of the service animal, the driver-partner will be permanently prevented from using the Driver App. Spot A Ride shall make this determination in its sole discretion following a review of the incident.

If Spot A Ride receives plausible complaints on more than one occasion from riders that a particular driver-partner refused to transport a rider with a service animal, that driver-partner will be permanently prevented from using the Driver App, regardless of the justification offered by the driver-partner.

How to Report a Service Animal Complaint

If a rider has an issue related to his or her service animal—including issues regarding ride cancellations, harassment, or improper cleaning fees—the rider can report the issue to Spot A Ride.

Once a rider submits a service animal complaint, Spot A Ride’s specialized support team will investigate the issue and take appropriate action in accordance with Spot A Ride’s Technology Services Agreement and this Service Animal Policy. Spot A Ride’s specialized support team will then make a reasonable and good faith effort to notify the rider within a week of the outcome of the investigation and the actions taken.

To file a complaint please write a detailed explanation of what happened and send it to spotaride@spotaride.com

Rights of Riders with Service Animals

Riders cannot be denied service because they travel with a service animal. A rider will be refunded any trip cancellation charges or other charges imposed because a driver-partner denied a Rider service because of a service animal. The Driver will incur these charges.

Riders will be informed by Spot A Ride of what action Spot A Ride takes in response to their complaint about discrimination on the basis of a service animal, including whether Spot A Ride has terminated its contract with the driver involved.

Cleaning Fees

Riders cannot be charged cleaning fees for shedding by their service animals. Riders will be refunded any cleaning fees charged for shedding by their service animals.

A rider will not be charged for the first or second reported mess involving a service animal’s bodily fluids. A rider can be charged for the third reported mess involving a service animal’s bodily fluids. The rider may contest that such a mess occurred by responding to the fee notification email to notify customer support. If a rider contests the cleaning fee, Spot A Ride will make a reasonable good faith effort to determine whether a mess occurred.


 

SPOT A RIDE BILLING

TERMS AND CONDITIONS

As of August 1, 2017

These Spot A Ride terms and conditions (the "Agreement") are entered into by Spot A Ride Billing. Capitalized terms used herein shall have the meaning ascribed to them in this Agreement.

This Agreement sets forth the terms under which Spot A Ride may access the Spot A Ride Service and Spot A Ride Billing on behalf of Spot A Ride's customers, clients or other authorized individuals via use of the Spot A Ride product. Company's use of Spot A Ride and access to Billing is subject to this Agreement, as may be modified or updated by Spot A Ride from time to time, effective upon posting of an updated version of the Agreement. Spot A Ride will provide notice of any such modifications or updates via email and/or the Dashboard, and is responsible for regularly reviewing the Agreement. Continued use of Spot A Ride Billing after any such modifications or updates shall constitute Spot A Ride's consent to such changes.

2.1. CERTAIN DEFINITIONS

"Active Account" means an active personal Spot A Ride user account for the Spot A Ride Service, the creation of which requires (i) installing or accessing the Spot A Ride App on a compatible mobile device, (ii) submitting certain personally identifiable information and a personal credit card number, (iii) accepting the User Terms, and (iv) confirming the mobile number provided during the registration process.

"Active User" means an individual with an Active Account who has been authorized by Spot A Ride to utilize Spot A Ride Billing in connection with such individual's use of the Spot A Ride Services.

"Spot A Ride Billing" means an enterprise billing and payment process for the Spot A Ride Service provided by Spot A Ride hereunder for User Charges, with payment due from Spot A Ride pursuant to a statement delivered by Spot A Ride on a monthly basis.

"Spot A Ride User" means any Active User or Guest User.

"Guest User" means an individual without an Active Account who has been authorized by Company to utilize Central Billing in connection with such individual's use of the Spot A Ride Services.

"Service Fee" shall mean the service fees applicable to User Charges and/or Company’s use of the Spot A Ride Services, if any, as set forth on the account creation form associated with this Agreement or otherwise agreed to between Spot A Ride and Company.

" Spot A Ride App" means Spot A Ride mobile application equired for use of the Spot A Ride Service, as may be updated by Spot A Ride from time to time.

" Spot A Ride Service" means Spot A Ride technology platform that, when used in conjunction with the Spot A Ride App, enables users to request on-demand ground transportation and logistics services from independent third-party providers.

"User Charges" means charges incurred by Company Users for the use of the Spot A Ride Service, including any applicable tolls, foreign transaction fees, taxes, and any other fees or charges that may be due for a particular use of the Spot A Ride Service.

"User Terms" means the terms and conditions applicable to all users of the Spot A Ride Service, available at www.spotaride.com as may be updated by Spot A Ride from time to time.

2. PROVISION OF SERVICES TO COMPANY

2.1 Access to Services. Upon execution of this Agreement, Spot A Ride will establish a Company corporate account that will enable Company to request the Spot A Ride Service and provide Central Billing on behalf of any Company User. Company expressly acknowledges and agrees that (a) any and all transportation services provided to Company Users are provided neither by Spot A Ride nor by Company, but by independent third-party transportation providers, and (b) Company is acting solely as an administrative agent of Company Users to relay requests for transportation services on behalf of Company Users, and is not performing healthcare services or otherwise acting in any capacity as a "Covered Entity" as defined pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). As part of the corporate account, Company agrees to provide and maintain during the Term a valid Company credit card number (the "Company Card") that may be charged for Central Billing as set forth herein. Company acknowledges that any Company User utilizing Central Billing will incur User Charges to the account of Company, and not to the Company User's personal account or credit card. Subject to Company's compliance with this Agreement, Spot A Ride agrees to use commercially reasonable efforts to provide the Spot A Ride Service and Central Billing to Company and the Company Users as set forth herein.

2.2 Active Users; Guest Users.

(a) Prior to requesting the Spot A Ride Service on behalf of any Company User, Company shall obtain from the Company User and submit to Spot A Ride the following information with respect to such Company User: (i) first and last name, (ii) active telephone number, and (iii) if available, valid e-mail address, in order to permit Spot A Ride to confirm whether such Company User is an Active User or a Guest User; provided that if Company is subject to regulation under HIPAA it shall obtain from the Company User and submit to Spot A Ride only the following information with respect to such Company User: (i) first name, and (ii) active telephone number. Company agrees to inform, and obtain all necessary consents from, each Company User as necessary to provide each such Company User's information as set forth above. Company further agrees to inform, and get all necessary consents from each Company User as necessary for Spot A Ride to provide Company with detailed information on the rides charged to Company's Central Billing Account. Company shall ensure that all data provided to Spot A Ride is accurate and complete, and Spot A Ride shall not be liable to Company, any Company User or any other party with respect to inaccurate or incomplete data supplied by Company. Spot A Ride collection and use of any Personal Data and credit card information shall be as set forth on the Spot A Ride Privacy Statement, available at www.spotaride.com as may be updated by Spot A Ride from time to time. (b) Company shall be solely responsible for contacting, or facilitating contact with, any Guest User for whom Company requests the Spot A Ride Services. Spot A Ride shall have no responsibility for contacting or providing messaging of any sort pursuant to this Agreement to any individual who is not an Active User. (c) Company acknowledges that any Company User may be suspended or banned from use of the Spot A Ride Service due to future or past violations of the User Terms ("Violations"), and that Spot A Ride shall have no obligation or liability related to a Company User that is unable to obtain or maintain an Active Account for the purposes of Central Billing hereunder due to Violations.

2.3 Responsibility for Company User Charges. Company agrees that (a) Company is responsible for all User Charges incurred by Company Users via Central Billing, regardless of whether such User Charge was authorized between Company User and Company and (b) User Charges may be subject to price changes at any time, including without limitation, occasional increases during periods of high demand as further described in the User Terms. Further, Company agrees that Spot A Ride shall not be responsible for User Charges incurred by a Company User after Company has attempted removal of such Company User from Central Billing to the extent Company provides incomplete or inaccurate Company User removal information via the Dashboard. Finally, as between Company and Spot A Ride, Company shall be responsible for any User Charges incurred due to fraudulent or other unpermitted activity on the part of Company User's use of Central Billing for the Spot A Ride Service. Company shall notify Spot A Ride promptly upon discovery of fraudulent or unpermitted activity occurring under Company's account.

    1. Restrictions. Company agrees to, and to cause all Company Users to, use the Spot A Ride Service and Spot A Ride App solely as set forth in this Agreement and the User Terms; provided, however, that in the event of a conflict between this Agreement and the User Terms with respect to Company or any authorized Company User employing Central Billing with the Spot A Ride Service, the terms of this Agreement shall control. Spot A Ride reserves the right to suspend participation in Central Billing to Company and/or any Company Users for violations of this Agreement or the User Terms. In the event that an Active User's Active Account is suspended or terminated pursuant to the User Terms, such Active User's access to Central Billing shall also be suspended. Company shall not, and shall not authorize others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Spot A Ride Service or Spot A Ride App, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Spot A Ride Service or Spot A Ride App to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated through the Spot A Ride App for any usage of the Spot A Ride Service or (d) impose any additional fees or charges on a Company User related to use of the Spot A Ride Service. Spot A Ride reserves all rights not expressly granted to Company or Company Users under this Agreement.

       

3. ACCOUNT ADMINISTRATION AND COMPANY DASHBOARD.

Company shall be provided with access to Spot A Ride browser-based online dashboard for Spot A Ride customers ("Dashboard"). Spot A Ride's primary contact with Company shall be by way of Company's administrator designated through the Dashboard ("Administrator"). Spot A Ride will inform the Administrator of Dashboard login credentials. The Dashboard will enable Company to (a) view a monthly statement setting forth trips requested on behalf of Company Users, (b) provide additional data to authorize additional Company Users, (c) revoke any Company User's access to Central Billing, (d) disable all current Company Users of Central Billing, (e) manage and update the Company Card on file, (f) review and manage payment statements, (g) settle outstanding balances on the Company account, (h) view current, appoint new, and remove Administrators, and (i) view detailed trip information, which may include, without limitation, Company User name together with request time and date, drop-off time and date, pick-up and drop-off location, trip route, real-time trip status, distance, duration, fare amount, service type, trip ID ("Dashboard Data"). Company agrees (a) to maintain all Dashboard login credentials in confidence, (b) to only permit Company's authorized administrators to access the Dashboard, and (c) that Company shall be responsible for all activity that occurs under its Dashboard login credentials. Spot A Ride reserves the right to add, remove and update features and functionality of the Dashboard at any time.

4. PRIVACY AND DATA SECURITY

4.1 Definition. "Personal Data" means any information Company obtains from Spot A Ride in connection with this Agreement (i) relating to an identified or identifiable natural person, (ii) that can reasonably be used to identify an individual, and (iii) that may otherwise be considered "personal data" or "personal information" under the applicable law. For the avoidance of doubt, Dashboard Data shall constitute "Personal Data," which is subject to Spot A Ride's Privacy Statement, as may be modified or updated by Spot A Ride from time to time, effective upon posting of an updated version of the Privacy Statement at www.spotaride.com.

4.2 Notice and Consent. Company agrees to inform, and obtain all necessary consents from, each Company User to provide each such Company User's information to Spot A Ride as set forth in Section 2.2(a) above. Company further agrees to inform, and get all necessary consents from each Company User for Spot A Ride to provide Company with detailed information on, and real-time trip status of, the rides charged to Company's Central Billing Account.

4.3 Restrictions. Company agrees that (a) any Personal Data obtained from Spot A Ride shall be processed by Company solely for legitimate business purposes and to retained only so long as necessary, (b) access to Personal Data will be limited to Company's personnel who have a legitimate business need to access such Personal Data, and (c) Company will not disclose Personal Data to any third party, including vendors, unless expressly authorized in writing by Spot A Ride. Company agrees to hold personnel accountable for violations of this Agreement, including imposing sanctions, and where appropriate, terminating contracts and employment. Personal Data will at all times remain the property of Spot A Ride. Company shall not rent or sell Personal Data for any purpose. Company shall not use Personal Data in any way that harms Spot A Ride or that benefits a competitor of Spot A Ride.

4.4 Security. Company agrees to implement appropriate legal, technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure, as well as any breach or attempted breach of Company security measures ("Information Security Incident"). Company shall promptly notify Spot A Ride in the event that Company learns or has reason to believe that an Information Security Incident has occurred including at least: (1) the nature of the breach of security measures; (2) the types of potentially compromised Personal Data; (3) the duration and expected consequences of the Information Security Incident; and (4) any mitigation or remediation measures taken or planned in response to the Information Security Incident. Upon any such discovery, Company will (a) take all reasonable steps to investigate, remediate, and mitigate the effects of the Information Security Incident, and (b) provide Spot A Ride with assurances reasonably satisfactory to Spot A Ride that such Information Security Incident will not recur. Additionally, if and to the extent any Information Security Breach occurs as a result of an act or omission of Company, and if Spot A Ride determines that notices (whether in Spot A Ride or Company's name) or other remedial measures are warranted, Company will, at Spot A Ride request and at Company's cost and expense, undertake the aforementioned remedial actions.

4.5 Standard Contractual Clauses. To the extent this Agreement involves Personal Data of residents of jurisdictions outside the United States, Company agrees that the Standard Contractual Clauses, included in this Agreement as Exhibit A, shall apply.


5. FEES AND PAYMENTS

5.1 Fees. In consideration of Spot A Ride provision of the Spot A Ride Services and Central Billing as set forth herein, Company shall pay to Spot A Ride all User Charges, the Service Fee, and any applicable services or access fees Spot A Ride may charge for certain functionality and features (collectively, the "Fees") as set forth in Section 5.2.

5.2 Payment Terms. Spot A Ride shall deliver to Company monthly billing statements (each, a "Monthly Statement") for Fees incurred by Company and Company Users utilizing Central Billing during the preceding month. Each Monthly Statement shall be payable in full by Company within thirty (30) days of receipt thereof. Unless otherwise indicated on a Company User receipt, all Fees are exclusive of applicable taxes, and Company agrees to be responsible for the payment of any such taxes assessed on Fees, including, but not limited to, all sales, use, VAT or similar taxes, except for taxes based on Spot A Ride's income. All payments shall be processed in the local currency applicable to the geography of the Company User's applicable ride except in certain instances when Spot A Ride may process foreign transactions in United States dollars. All payments are nonrefundable except as may be expressly provided otherwise herein.

5.3 Nonpayment. Spot A Ride reserves the right to immediately charge the Company Card in the event that any Monthly Statement has not been paid as of the applicable due date. Spot A Ride reserves the right to immediately suspend Company's account and suspend any or all Central Billing by all Company Users in the event of any unpaid Fees by Company due to past due Monthly Statements (as applicable), an invalid credit Company Card on the Company account, or a rejected Company Card transaction. Spot A Ride further reserves the right to pursue any and all remedies available to it under applicable law, including reporting Company to applicable credit reporting agencies, in the event of any unpaid Fees hereunder. Reestablishing a Company account after full payment of late Fees shall be at Spot A Ride's sole discretion. All late payments shall bear interest at 3% per month or the maximum allowed by applicable law, if less than 3%.

6. TERM AND TERMINATION. The Agreement shall commence on the date of Company's acceptance hereof and shall remain in effect until terminated as set forth herein (the "Term"). Either party may terminate this Agreement with or without cause upon five (5) days' advance written notice to the other party. All outstanding payment obligations and Sections 4, 5, 7, 8 and 9 of this Agreement shall survive the termination of this Agreement.

7. WARRANTY AND DISCLAIMER OF LIABILITY

7.1 Mutual Warranties. Each party represents and warrants that: (a) such party has the full right, power and authority to enter into this Agreement; and (b) such party's acceptance of this Agreement, as well as such party's performance of the obligations set forth in this Agreement, does not and will not violate any other agreement to which such party is a party.

7.2 Company Warranties. Company represents and warrants that: (a) Company has all rights, consents and permissions necessary to provide Spot A Ride with Company User information provided to Spot A Ride hereunder in connection with the Spot A Ride Service and Central Billing; (b) Company has obtained legally-adequate consent from Company Users as necessary to provide Spot A Ride with any Personal Data in connection with the Spot A Ride Service and Central Billing, (c) Company has notified, and obtained legally adequate consent from Company Users that Spot A Ride will provide Company with detailed trip information, including real-time trip status, for the rides charged to Company's account, and (d) Company is in compliance, and shall remain in compliance during the term of the Agreement, with all applicable local, city, state, federal, national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security, and (b) Company shall not (and shall ensure its personnel do not) disclose to Spot A Ride or otherwise provide Spot A Ride access to: (i) any health information protected by law, such as Protected Health Information as that term is defined in regulations promulgated pursuant to HIPAA, or (ii) other personally identifiable information protected under federal or state privacy or security laws. Company acknowledges that it may elect to utilize the Dashboard to request the Spot A Ride Service for, and provide access to Central Billing on behalf of, Guest Users. Any such election is at Company's sole discretion, and Company therefore will indemnify, defend and hold harmless Spot A Ride, its affiliates and their directors, officers, employees and agents against all claims, damages, losses and expenses (including reasonable attorney's fees) with respect to any third party claim arising out of or related to the use of the Spot A Ride Service by any Guest User.

7.3 Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SPOT A RIDE PROVIDES THE Spot A Ride SERVICE, Spot A Ride APP AND DASHBOARD "AS IS" AND WITHOUT WARRANTY. SPOT A RIDE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Spot A Ride SERVICE, Spot A Ride APP AND DASHBOARD WILL MEET COMPANY'S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. SPOT A RIDE HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED OR STATUTORY WARRANTIES COVERING THE SPOT A RIDE SERVICE OR THE SPOT A RIDE APP, AND (B) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY ACKNOWLEDGES AND AGREES THAT THE SPOT A RIDE SERVICE IS A TECHNOLOGY PLATFORM THAT ENABLES ACCESS TO REQUEST ON-DEMAND GROUND TRANSPORTATION AND LOGISTICS SERVICES PROVIDED BY INDEPENDENT PROVIDERS. SPOT A RIDE IS NOT A TRANSPORTATION OR LOGISTICS PROVIDER. SPOT A RIDE DOES NOT GUARANTEE AVAILABILITY OF TRANSPORTATION OR LOGISTICS SERVICES, ON-TIME ARRIVALS OR DEPARTURES THEREOF, OR ANY OTHER SERVICES LEVELS RELATED TO INDEPENDENT TRANSPORTATION OR LOGISTICS PROVIDERS THAT MAY BE OBTAINED VIA THE SPOT A RIDE SERVICE.

7.4 Limitations on Liability. OTHER THAN WITH RESPECT TO A BREACH OF CONFIDENTIALITY OR A PARTY'S INDEMNIFCATION OBLIGATIONS, (A) IN NO EVENT SHALL SPOT A RIDE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SPOT A RIDE OR COMPANY (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (X) ONE MILLION DOLLARS ($1,000,000), AND (Y) THE TOTAL FEES PAYABLE BY COMPANY TO SPOT A RIDE HEREUNDER

8. PROPRIETARY RIGHTS.

8.1 No Publicity. Company may not use or reference Spot A Ride's name, logo, trademarks or service marks in a press release or otherwise without the prior consent of Spot A Ride in each instance. Company hereby grants spot a ride a worldwide, irrevocable, non-transferable, royalty-free license to use Company's name and logo in "representative customer" marketing materials.

8.2 Ownership. Spot A Ride and its affiliates are and shall remain the owners of all right, title and interest in and to the Spot A Ride Service, Spot A Ride App, Dashboard and Dashboard Data, including any updates, enhancements and new versions thereof, all data related to the use of the Spot A Ride Services, and all related documentation and materials provided or available to Company or any Company User in connection with this Agreement.

8.3 Confidentiality. The term "Confidential Information" shall mean any confidential or proprietary business, technical or financial information or materials of a party ("Disclosing Party") provided to the other party ("Receiving Party") in connection with the Agreement, whether orally or in physical form. However, Confidential Information shall not include information (a) previously known by Receiving Party without an obligation of confidentiality, (b) acquired by Receiving Party from a third party which was not, to Receiving Party's knowledge, under an obligation of confidentiality, (c) that is or becomes publicly available through no fault of Receiving Party, or (d) that Disclosing Party gave written permission to Receiving Party to disclose, but only to the extent of such permitted disclosure. Except as required by applicable law, each Receiving Party agrees that (a) it will use Confidential Information of Disclosing Party solely for the purpose of the Agreement and (b) it will not disclose the Confidential Information of the Disclosing Party to any third party other than the Receiving Party's employees or agents, on a need-to-know basis, who are bound by obligations of nondisclosure and restricted use at least as strict as those contained herein, provided that Receiving Party remains liable for any breach of the confidentiality provisions of the Agreement by its employees or agents. The Receiving Party will protect the Confidential Information of the Disclosing Party in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in no event using less than a reasonable standard of care. In the event Receiving Party receives a subpoena or other administrative or judicial demand for any Confidential Information of Disclosing Party, Receiving Party will give Disclosing Party prompt written notice of such subpoena or demand and allow Disclosing Party to assert any available defenses to disclosure. Upon request by Disclosing Party, Receiving Party will return or destroy all copies of any Confidential Information of the Disclosing Party. Confidential Information will at all times remain the property of the Disclosing Party. The provisions of this paragraph will expire three (3) years after the expiration or termination of the Agreement, except with respect to Confidential Information that constitutes “trade secrets” under applicable law for which this paragraph shall survive indefinitely.

9. GENERAL. The Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. Each party consents to exclusive jurisdiction and venue in the state and federal courts sitting in San Francisco County, California. Any and all notices permitted or required to be given hereunder shall be sent to the address as may be provided by one party to the other, and deemed duly given (a) upon actual delivery, if delivery is by hand, (b) one (1) day after being sent by overnight courier, charges prepaid, or (c) by electronic mail to the designated recipient. The failure of either party to enforce the provisions hereof shall not be construed as a waiver of such provisions. Any modification or amendment to the Agreement shall be effective only if in writing and signed by both parties. In the event any provision of the Agreement is determined to be invalid or unenforceable by ruling of an arbitrator or court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The Agreement may not be assigned, in whole or in part, by a party without the prior written consent of the other party, provided that each party may assign this agreement to (a) an affiliate of such party, or (b) upon notice to the other party, in connection with the sale of all or substantially all of such party's equity, business or assets. The Agreement shall be binding upon and shall inure to the benefit of each party hereto and its respective successors and permitted assigns. Any delay in or failure by either party in performance of the Agreement shall be excused if and to the extent such delay or failure is caused by occurrences beyond the control of the affected party including, without limitation, decrees or restraints of Government, acts of God, strikes, work stoppage or other labor disturbances, war or sabotage. Nothing in the Agreement shall be deemed to create any joint venture, joint enterprise, or agency relationship among the parties, and neither party shall have the right to enter into contracts on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto, in the absence of a separate written agreement between the parties. Each party shall be solely responsible for its employees and agents used in connection with the Agreement. The Agreement contains the full and complete understanding and agreement between the parties relating to the subject matter hereof and supersede all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter hereof. Company hereby represents that the individual clicking to accept this Agreement is authorized by Company to bind, and does hereby bind, Company to the terms hereof.

Spot A Ride Copyright Policy

Notification of Copyright Infringement:

Spot A Ride, LLC respects the intellectual property rights of others and expects its users to do the same.

It is Spot A Ride policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Spot A Ride will respond expeditiously to claims of copyright infringement committed using the Spot A Ride website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Spot A Ride Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Spot A Ride Designated Copyright Agent. Upon receipt of the Notice as described below, Spot A Ride will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.

  3. Provide your mailing address, telephone number, and, if available, email address.

  4. Include both of the following statements in the body of the Notice:

    I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

    I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Spot A Ride's Designated Copyright Agent:

Copyright Agent
c/o Spot A Ride
P.O. Box 25634
Columbia, SC 29224

IMPORTANT: Communications unrelated to copyright use or infringement will be discarded.

Support Conduct Guidelines (US & Canada)

August 1, 2017

Interactions with Spot A Ride on and off the app should be enjoyable and safe for everyone. With this goal in mind, please treat your fellow drivers, riders, Spot A Ride employees and contractors as you would like to be treated yourself: with respect. The way you behave while interacting with others, whether at our Green light Hubs, through our online support systems, or over the phone, can have an impact on your account status.

For example, asking overly personal questions, using verbal threats, making comments or gestures, and/or displaying conduct that is aggressive, sexual, discriminatory, or disrespectful may result in a temporary hold on your account. If the issues raised are serious or constitute a repeat offense, or you refuse to cooperate, you may lose permanent access to the Spot A Ride app

Unsolicited Idea Submission Policy

Spot A Ride Technologies, Inc. (“Spot A Ride”) or any of its subsidiaries or employees (“affiliates”) do not accept or consider unsolicited ideas or suggestions from you or other third parties so as to avoid any potential misunderstandings or disputes in the event that Spot A Ride's products, services, or marketing strategies seem similar to unsolicited ideas submitted to Spot A Ride. Unsolicited ideas or suggestions include, but are not limited to, ideas for new or improved technologies, products, services, processes, materials, names, artworks, or advertisements, promotions, or other marketing plans or campaigns.

As Spot A Ride respects your rights to your ideas, please do not submit any unsolicited ideas or suggestions (“submissions”) in any form to Spot A Ride or any of its affiliates. If you still choose to submit any unsolicited ideas or suggestions despite our request, regardless of what your communication regarding your submissions says, the following terms shall apply to your submissions:

You agree that:

  1. Your submissions and their contents will automatically become the property of Spot A Ride, without any compensation to you;

  2. Spot A Ride has no obligation to review your submissions;

  3. Spot A Ride may make, use, sell, or distribute your submissions and their contents for any purpose in any way; and

  4. Spot A Ride has no obligation to keep your submissions confidential.