By accessing or using the Services in any manner, including but not limited to by visiting the Site or by downloading, installing or using the Application, you hereby expressly acknowledge that you have read and understand this Agreement and agree to be bound by the terms and conditions stated herein, and represent and warrant that you have the right, authority and capacity to enter into this Agreement and abide by the terms and conditions of this Agreement, are legally entitled to enter into this Agreement, and not prohibited by law from accessing or using the Services, whether or not you are a registered user of the Services.
HeyRide may modify or amend this Agreement (or HeyRide’s policies relating to the Services) at any time, effective when published on or through the Services. You are responsible for regularly reviewing this Agreement. Your continued use of the Services after any such modifications or amendments constitutes your agreement to continue to be bound by this Agreement as modified or amended.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS/ACTION JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- If you reside in a jurisdiction that restricts use of the Services or the ability to enter into agreements because of age, you must abide by such age limits and not use the Services. By using and accessing the Services, you represent and warrant that you are at least 18 years old or, if you are under the age of 18, that you are using the Services under the supervision of an adult who is at least 18 years of age, in which case the adult is deemed the user of the Services. Without limiting the foregoing, the Services are not available to persons under the age of 13 and if you are under the age of 13, you may not use the Services under any circumstances or for any reason. The Services are offered only for your personal, non-commercial use, and not for the benefit of any third party. You may not authorize others to use your account nor may you assign or otherwise transfer your account to any other person or entity. When using the Services, you agree to comply with all applicable laws. HeyRide may, in its sole discretion, refuse to offer the Services to any person or entity or change the eligibility requirements for the Services at any time.
- Your Account. You may access certain parts of the Services without creating an account. However, to submit transportation requests to participating restaurants and use the payment services, you must sign up for the Services by creating an account (an “Account”). When creating an Account, you agree to provide true, accurate, current, and complete data about yourself (“Account Information”). You also agree to promptly update your Account Information to keep it true, accurate, current, and complete if any of your information changes. Each user may only have one Account with HeyRide. Signing up for multiple Accounts, including by using the same phone number to create multiple Accounts, and/or your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in, without limitation, your inability to access and use the Services, the deactivation of your Account(s), and/or HeyRide’s termination of this Agreement with you, which may, among other things, result in the cancellation of any confirmed or pending reservations and loss of any promotions or credits associated with such Account(s), for which HeyRide will have no liability. You are solely responsible for maintaining the confidentiality of your Account and your Account Information, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You may never use another person’s Account or Account Information for or in connection with the Services without permission. You agree to immediately notify HeyRide of any unauthorized use of your Account or any other breach of security related to your use of the Services, as well as any change in your eligibility to use the Services.
- SMS and Text Messages From HeyRide. By providing us with your mobile phone number when you sign up for the Services and create an Account, you are expressly opting-in to receive SMS and text messages from us relating to the Services. For example, we may send you SMS or text messages about your account and reservation requests you make through the Services. You acknowledge that messaging and data rates may apply depending on your mobile phone service provider and that you are solely responsible for paying for any such SMS text messaging fees. You may opt-out of receiving SMS text messages at any time by emailing us at firstname.lastname@example.org by texting STOP in response to the text messages you receive. However, by opting-out of receiving text messages, we may have to temporarily suspend your account, during which time you will no longer be able to use the Services.
- Transport Reservations. The Service is to assist you with securing a transport reservation from transport providers (each, a “Transport Provider”) to a participating third party restaurants (each, a “Restaurant.”) in order to have a meal at the Restaurant. Heyride will also reserve a table at the Restaurant for you. When you request a transport reservation to a Restaurant, the transport reservation is not confirmed until you receive a confirmation on or through the Services. Once confirmed, you agree to honor the transport reservation by waiting at the requested location on time. You also agree not to book more than one transport reservation for your personal use during any one meal time and agree that you will not resell or attempt to resell any transports reservations made through the Services. If you need to modify a confirmed transport reservation, please email us at email@example.com respond to the SMS text messages from HeyRide at any time. We will work to make the requested modification(s); however, please note that we cannot always accommodate modifications and all modification requests are subject to availability and confirmation. By providing your email address and mobile phone number during the account registration process, you are consenting to receive communications (including SMS text messages) from HeyRide at that email address and mobile phone number, including but not limited to communications about reservation requests and modifications to reservations.
- Cancellations, Missed Transport Reservations and Joyrides. You may cancel a pending transport request that has not yet been confirmed at any time. Although we understand that plans change, if you cannot honor a confirmed transport reservation (“Missed Transport Reservation”), we are allowed to charge a cancellation fee covering the cancellation costs, in our discretion. Missed Transport Reservations may be associated with your Account. To maintain a high level of service for all HeyRide transports, Accounts with multiple Missed Transport Reservations may be deactivated. If you believe that a Missed Transport Reservation has been erroneously associated with your Account, you may dispute it by contacting us at firstname.lastname@example.org. You agree that all final determinations regarding Missed Transport Reservations, including with respect to any fees charged for the same, will be made by HeyRide in its sole discretion. HeyRide uses the Missed Transport Reservation Fees it charges to cover costs associated with the missed transport reserved.
If you decide not to honor the Restaurant reservation in combination with the transport reservation we assume misuse in form joyrides (each a “Joyride”). In case of Joyrides Heyride reserves the right to charge the full price of the transport fee incurred with the Transport Provider to your payment method.
Heyride offers free or subsidized transport to a Restaurant for you to have a meal at the restaurant (“Restaurant Reserveration”). If you don’t honor a confirmed Restaurant Reservation, Heyride assumes misuse in form joyrides (each a “Joyride”). In the case of Joyrides Heyride reserves the right to charge fee covering the complete transportation costs, in our discretion. Joyrides may be associated with your Account. To maintain a high level of service for all HeyRide transports, Accounts with multiple Joyrides may be deactivated. If you believe that a Joyride has been erroneously associated with your Account, you may dispute it by contacting us at email@example.com. You agree that all final determinations regarding Joyrides, including with respect to any fees charged for the same, will be made by HeyRide in its sole discretion. HeyRide uses the Joyrides it charges to cover costs associated with the transport costs incurred.
Payment & Billing
- Payment Terms.
- Payment Authorization and Settlement. When you use the Services to submit a transport reservation request to a Restaurant, you are agreeing to pay for the following through the Services if your transport reservation is confirmed and you authorize us, through our third party payment processors, to charge your default Payment Method for HeyRide’s Transport Fee including any applicable taxes surcharges or fees that will be shown on the screen at the point of the transport reservation request. You acknowledge that by using the Services you are agreeing to pay the full amount of Transport Fee; no split checks, partial payments, use of gift cards or use of coupons are permitted. This Agreement does not alter your payment obligations to Restaurants; you are responsible for timely payment of all amounts owed by you to any Restaurant. When you use the Services and a Missed Transport Reservation or Joyride is attributed to your Account, you agree to pay any Missed Transport Reservation Fees or Joyride Fees that HeyRide may charge you and you expressly authorize us, through our third party payment processor, to charge your default Payment Method for the full amount of such fees at the time they are incurred. Except to the extent otherwise required by applicable law, HeyRide is not responsible or liable for (1) any payments authorized through the Application using your Payment Method information, or (2) for any errors made by our payment processor. HeyRide has the right to correct any errors or mistakes made by us or our third party payment processor, even if payment has already been requested or charged to your Payment Method. The processing of payments will be subject to the terms, conditions and privacy policies of our third party payment processors, in addition to this Agreement. The terms of your payment will be based on your Payment Method and may be affected and determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through our payment processors, do not receive payment from you, you agree to pay all amounts due to us upon demand.
- Receipts and Transaction History. Upon request we will email you a summary receipt to the email address associated with your Account. You may print and save copies of these summary receipts. If you would like an itemized receipt you must request it through firstname.lastname@example.org. HeyRide does not have access to or store copies of itemized receipts from Transport Provider or Restaurants you use or visit through the Services.
- Certain Limitations. You acknowledge and agree that HeyRide provides payment services only as a convenience and is not a party to your payment transactions performed using the Services. HeyRide is an independent contractor for all purposes and is not your agent or trustee. HeyRide is not responsible, and has no liability for, the products or services that are paid for through the Services. HeyRide is not liable for any payments through the Services that do not complete because: (1) your debit or credit card does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of your debit or credit card account; (2) you have not provided us with correct credit or debit card information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Services, you are still responsible for paying the applicable Transport Providers or Restaurant(s), whether through the Services or otherwise, by other means.
- Promotions and Credit. HeyRide may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to our Services or services provided by Transport Providers or Restaurants or other third parties, subject to terms that HeyRide establishes, including without limitation, on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, including, without limitation, between accounts, or made available to the general public, unless expressly permitted by HeyRide; (iii) may be disabled by HeyRide at any time for any reason without liability to HeyRide; (iv) may only be used pursuant to the specific terms that HeyRide establishes for such Promo Code(s); (v) are not valid for cash; and (vi) may expire prior to your use. We HeyRide have the right to suspend your Account withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
- Referral Policy. Personal invite links may only be used for personal and non-commercial purposes. You can share your invite link with your personal connections via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. However public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is prohibited. Promoting your referral code via Search Engine Marketing (e.g., AdWords, Yahoo, Google) is also prohibited. The referee must use HeyRide within 3 months of applying the referral code for both parties to receive the promo value. After 3 months, the promotion may no longer apply, in HeyRide’s sole discretion. HeyRide reserves the right to suspend your Account and/or revoke any and all referral credits at any time if we feel they were earned inappropriately.
- HeyRide is a Venue. The Services act as a venue to connect both Transport Providers and Restaurants with diners seeking to make a transport reservation to visit a Restaurant. By using the Services, you acknowledge that you understand and agree that we do not employ, control, recommend, or endorse any Transport Providers or Restaurants or make any representations about the quality or legality of the services provided by such Transport Providers or Restaurants or your potential experiences with those. Although we may choose to intervene or attempt to resolve a dispute, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and both the Transport Providers or Restaurants.
- Service Rules. Without limiting any of the terms and conditions stated herein, as a condition of your use of the Services, you agree that: (a) you will only use the Services for lawful purposes or for sending or storing any unlawful material or for fraudulent purposes; (b) you will not use the Services for any purpose that is prohibited by this Agreement; (c) you are responsible for all of your activity in connection with the Services; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network; (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Application or other content without written permission from HeyRide; (h) you will only use the Services for your own use and will not resell it to a third party; (i) you will not attempt to bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (j) you will not run any form of auto-responder or “spam” on the Services, use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, or harvest or scrape any Content from the Services; (k) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (l) you will provide us with whatever proof of identity we may reasonably request; (m) you will only use an access point or 3G data account (AP) which you are authorized to use; and (n) you are aware that when requesting reservations, you will receive SMS text messages and standard messaging charges will apply.
- Content Licenses.
- Licenses Granted by User. We may, in our sole discretion, allow you to add, submit, post, upload, publish, transmit, share and/or distribute User Content (defined below) to or through the Services or Application. “User Content” is all content you create, add, submit, post, upload, publish, transmit, share and/or distribute to or through the Services or Application, including without limitation, text, graphics, images, photographs music, audio, video, information, reviews, ratings, and other materials. By making available any User Content on or through the Services or Application, you hereby grant to HeyRide (and its successors and assigns) a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, edit, truncate, aggregate, reproduce, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works of, and otherwise fully exploit such User Content in connection with the Services, Application, and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Services, including Restaurants, a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under this Agreement, including after your termination of your Account or the Services. HeyRide does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or Application, whether publicly posted or privately transmitted, and you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or Application or you have all rights, licenses, consents and releases that are necessary to grant to HeyRide and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or HeyRide’s use of the User Content (or any portion thereof) on, through or by means of the Services or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. In addition, you agree not to post User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that you know is not correct and current.
- Licenses Granted by HeyRide. The Services may contain content specifically provided or otherwise made available on or through the Services or Application by us or third parties, including without limitation data, software, scripts, text, graphics, images, photographs music, audio, video, information, reviews, ratings, feedback, interactive features, User Content, Transport Provider and Restaurant Feedback, and other materials (collectively, “HeyRide Content”). You acknowledge that all or some of the HeyRide Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws and you agree to abide by and maintain all copyright notices, information, and restrictions contained in any HeyRide Content accessed through the Services. Subject to your compliance with the terms and conditions of this Agreement and your compliance therewith, HeyRide grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any HeyRide Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes, each as permitted by the features of the Service. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Application or HeyRide Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement. We do not guarantee that any HeyRide Content will be made available on the Site or Application or otherwise through the Services. We cannot and do not review or verify every submission made through our Services. Transport and Restaurant Feedback, reviews and ratings made by users Reviews, and other third-party provided information to the Services do not represent the opinions or endorsements of HeyRide. We HeyRide the right to, but do not have any obligation to, (i) remove, edit, or modify any HeyRide Content in our sole discretion, at any time, without notice to you and for any reason, including without limitation, upon receipt of claims or allegations from third parties or authorities relating to such HeyRide Content, and to removed or block any HeyRide Content from the Services.
- Application License. Subject to the terms and conditions set forth in this Agreement, HeyRide grants you a limited non-exclusive, non-transferable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use of the Services. HeyRide reserves all rights in and to the Application not expressly granted to you under this Agreement. To use the Application, you must have a mobile device or computer that is compatible with the Application. We do not warrant that the Application will be compatible with your mobile device or computer. You may use mobile data in connection with the Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (c) make any copies of the Application; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (e) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and HeyRide or its third-party partners or suppliers retain all right, title, and interest in the Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
- Accessing and Downloading the App From the App Store. The following apply to any Application sourced through the Apple, Inc. (“Apple”) App Store (“App Store”):
- You will use the Application sourced through the App Store only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
- You acknowledge and agree that: (i) this Agreement is between you and HeyRide only, and that Apple is not a party to this Agreement; and (ii) HeyRide, not Apple, is solely responsible for the Application sourced through the App Store and the content thereof.
- If sourced through the App Store, you will only use the Application in connection with an Apple device that you own or control.
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application to the maximum extent allowed by law. As between HeyRide and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HeyRide.
- You acknowledge and agree that, as between HeyRide and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application sourced from the App Store or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You acknowledge and agree that, in the event of any third party claim that the Application sourced from the App Store or your possession and use of that Application infringes that third party’s intellectual property rights, as between HeyRide and Apple, HeyRide, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Application sourced through the App Store, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof.
- Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the Application sourced from the App Store.
- Modifications to the Services. HeyRide reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Site or Application, including with respect to participating Transport Providers or Restaurants. HeyRide shall have no liability to you for any of the foregoing actions. If you object to any such changes or modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services.
- Links to Third Party Websites. The Services may contain links to other websites on the Internet operated by third parties not affiliated with HeyRide. Such links are provided for users’ reference only and HeyRide does not control such third parties or websites and is not responsible or liable for their content, services, functions, accuracy, legality, appropriateness or any other aspect of such websites. When you access such websites, you do so at your own risk. The inclusion of any such link does not imply HeyRide’s endorsement of the material on such websites or any association between HeyRide and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
- Intellectual Property Ownership. HeyRide alone shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Services, or any intellectual property rights owned by HeyRide. HeyRide’s name, the HeyRide logo, and the product names associated with the Application and Services are trademarks of HeyRide or third parties, and no right or license is granted to use them.
- Copyright Policy and Procedure for Reporting Copyright Infringement. HeyRide respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) (“DMCA”), HeyRide will respond expeditiously to claims of copyright infringement committed using the Sites, Applications or Services that are reported to HeyRide’s Designated Copyright Agent (“Designated Agent”), identified below. In appropriate circumstances and subject to our discretion, it is also HeyRide’s policy to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others, including copyrights.
If you believe that material or content residing on or accessible through our Sites, Applications, or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Your contact information including address, telephone number and, if available, e-mail address;
- A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on behalf of the copyright owner.
The contact information for HeyRide’s Designated Agent is:
c/o HeyRide LLC.
1246 Minerva Ave
West Islip, NY 11795
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying HeyRide and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with HeyRide’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
- Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any HeyRide Applications with only those rights set forth therein.
- Export Control. The Services are controlled and operated from facilities in the United States. HeyRide makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use, export, or re-export any HeyRide Application or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
- We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by emailing us at email@example.com. Any fees paid hereunder are non-refundable. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Warranty Disclaimer. HEYRIDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR APPLICATION. HEYRIDE DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES OR APPLICATION 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 OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND APPLICATION IS 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 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY HEYRIDE. HEYRIDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
HEYRIDE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HEYRIDE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Technical Requirements Internet Delays. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by HeyRide in connection with the Services. HeyRide does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. HEYRIDE’S SERVICES AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HEYRIDE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- To the fullest extent allowed by applicable law, you agree to indemnify, hold harmless, and (at HeyRide’s request) defend HeyRide, its affiliates, and each of our and their representatives, agents, directors, managers, officers, employees, contractors, suppliers, partners, and shareholders, from and against all liabilities, claims, damages (actual and consequential), losses and expenses (including attorneys’ fees), that arise from or relate to your use misuse of, or access to, the Services, HeyRide Content, or otherwise from your User Content, violation of this Agreement, or infringement by you, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HEYRIDE OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON WITH RESPECT TO THE SERVICES (A) FOR ANY LOST PROFITS, LOSS OF GOODWILL, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (C) RELATED TO YOUR VISIT TO ANY TRANSPORT PROVIDER OR RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, POLICIES, COMPLIANCE, NON-COMPLIANCE, ACTS OR OMISSIONS OF ANY TRANPORT OPERATOR OR RESTAURANT IN CONNECTION WITH THE SERVICES, OR (D) FOR ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO HEYRIDE IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Restaurant or from any product or service of any Restaurant. You hereby release the HeyRide from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the HeyRide pertaining to the subject matter of this Section.
- These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of law’s provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York, New York in English and in accordance with the Arbitration Rules and Procedures then in effect of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Each party to this Agreement hereby (i) irrevocably consents to the arbitration in the State of New York for the resolution of such disputes; and (ii) irrevocably waives any objection that it may now or hereafter have to the venue of any such action or proceeding in such arbitration panel or to the convenience of conducting or pursuing any action or proceeding in any such arbitration. Further, unless both you and HeyRide otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. You acknowledge and agree that you and HeyRide 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. The prevailing party will be entitled to receive from the non-prevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. Notwithstanding any of the foregoing, each party shall have a right to bring an individual action in small claims court and the right to seek immediate injunctive or other equitable relief in any court of law of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, provided that a permanent injunction and damages shall only be awarded by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder without written consent from HeyRide. We may transfer, assign, or delegate this Agreement and any of our rights and obligations without consent.
- Entire Agreement. This Agreement comprises the entire Agreement between you and HeyRide and supersedes all prior or contemporaneous, negotiations, discussions, understandings, or agreements, whether written or oral agreements, between the parties relating to the subject matter of this Agreement.
- If any term or provision of this Agreement is held to be unenforceable or invalid, that provision shall be struck or limited, to the minimum extent necessary, and the remaining terms and provisions shall remain in full force and effect and be enforceable to the fullest extent allowed by law.
- No Agency. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind HeyRide in any respect whatsoever.
- The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
- No Waiver. The failure of HeyRide to exercise, in any way, any right hereunder shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by HeyRide in writing.
Notices. HeyRide may give you notice by means of a general notice on or through the Services, electronic mail to your email address on record for your Account, or by written communication sent by first class mail or pre-paid post to your address on record for your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to HeyRide (such notice shall be deemed given when received by HeyRide) at any time by sending a letter, delivered by nationally recognized overnight delivery service or first class postage prepaid mail, to HeyRide at the following address: HeyRide, Attn: Chief Executive Officer, Freeway Works LLC., HeyRide, Charlottenstraße 2, 10969 Berlin