Terms and Conditions
Terms of Service
These Terms of Service constitute a legally binding agreement between you and The Drivers Cooperative, Inc. (“TDC” or “We”) and its subsidiaries, representatives, affiliates, officers and directors governing the use of TDC’s rideshare services and any related content or services, including mobile and/or web-based applications.
1. DESCRIPTION OF SERVICES. TDC’s Co-op Ride Application (Rider App) provides access to rideshare services (Services) which implement technology that serves to match Drivers using the Co-op Driver Application (Driver App) with Users of the Rider App (Collectively, “Co-op Apps”) to arrange and schedule transportation services. TDC provides Services solely for the individual, personal, and noncommercial use of Riders, unless otherwise agreed by TDC and the Driver or Rider (Collectively, “User”).
2. CONTRACTUAL RELATIONSHIP.
a. DRIVER RELATIONSHIP.
i. All Drivers using the Driver App are independent contractors. Nothing in this Agreement, and no course of dealing between the parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the parties or between one party and the other party's employees or agents. User has no authority to bind TDC, and User undertakes not to hold themself out as an employee, agent or authorized representative of TDC.
ii. TDC does not, and shall not be deemed to, direct or control User generally or in User’s performance under this Agreement specifically, including in connection with Driver’s provision of Services, Driver’s acts or omissions, or Driver’s operation and maintenance of Driver’s vehicle. Driver retains the sole right to determine when, where, and for how long Driver will utilize the Rider App. TDC does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for Driver to utilize the Rider App. Driver retains the option to accept or to decline or ignore a Rider’s request for Services via the Rider App, or to cancel an accepted request for Services via the Rider App, subject to TDC’s then-current cancellation policies. TDC does not, and shall not be deemed to, require Driver to accept any specific request for Services as a condition of maintaining access to the Rider App. With the exception of any signage required by law or permit/license rules or requirements, TDC shall have no right to require Driver to: (a) display TDC’s names, logos or colors on Driver’s vehicle(s); or (b) wear a uniform or any other clothing displaying TDC’s names, logos or colors. Driver acknowledges and agrees that Driver has complete discretion to provide Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Services to other companies, and that TDC does not, and shall not be deemed to, restrict Driver from engaging in any such activity.
iii. RIDER RELATIONSHIP. User’s access and use of the Services constitutes User’s agreement to be bound by these Terms, which establishes a contractual relationship between User and TDC. If User does not agree to these Terms, User may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with User. TDC may immediately terminate these Terms or any Services with respect to User, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
3. MODIFICATIONS. TDC may modify these Terms of Service and any information on pages referenced by hyperlink within these Terms of Service at any time. Continued use of the Co-op Apps following modification of these Terms of Service or pages referenced by hyperlink shall constitute User’s acceptance of such changes. User may not opt out of arbitration unless material changes are made to the arbitration provisions in this agreement.
4. USER ACCOUNTS. To use the Co-op Apps, each User shall create a User account. Each eligible person may create a maximum of one Rider App account (Rider Account) and one Driver App account (Driver Account), and TDC may deactivate any additional or duplicate accounts. User may not allow other persons to use their Drive or Rider Account (Collectively, “User Account”). User may not use their User Account on behalf of any third party, except as otherwise expressly permitted by TDC.
5. ELIGIBILITY.
a. GENERALLY. The Co-op Apps may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Co-op Apps are not available to Users who have had their User Account temporarily or permanently deactivated.
b. MINORS. Users represent and warrant that they are at least 18 years old. By creating a User Account for a minor, User hereby gives permission and consent to the Agreement on the minor’s behalf, User expressly guarantees the minor’s acceptance, and their own acceptance, of the terms of this Agreement, and User shall assume all responsibility and liability for the minor’s use of the Rider App as provided by this Agreement and any applicable Supplemental Agreements. User will be responsible for any breach of this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, User hereby represents that User is fully authorized to execute this Agreement on behalf of themself and all other parents or legal guardians of the minor rider. Notwithstanding the foregoing, if User is the parent or legal guardian of a 16 or 17-year old minor, User may create a User Account for such minor to use the Co-op Apps subject to the following requirements and restrictions:
i. User ensures that the minor’s use of the Co-op Apps is limited solely to accessing and using Co-op App Services and/or Third-Party Services where expressly permitted by TDC;
ii. User determines that the Co-op App Services and/or Third-Party Services are suitable for the minor;
iii. User ensures that the minor’s use of the Co-op Apps and Services and/or Third-Party Services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements;
iv. User ensures that the minor does not request or accept any Services unless accompanied by User or an authorized guardian; and
v. User explains the terms of this Agreement to the minor. For clarity, no unaccompanied User under 18 years old may ride in an autonomous vehicle.
6. NETWORK ACCESS AND DEVICES. User is responsible for obtaining the data network access necessary to use the Services. User’s mobile network’s data and messaging rates and fees may apply if User accesses or uses the Services from a wireless-enabled device and User shall be responsible for such rates and fees. User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TDC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
7. LICENSE AND INTELLECTUAL PROPERTY.
a. OWNERSHIP AND LICENSE. Subject to User’s compliance with these Terms, TDC grants User a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Co-op Apps on User personal device solely in connection with User’s use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for User’s personal, noncommercial use. Any rights not expressly granted herein are reserved by TDC and TDC’s licensors.
b. LICENSE RESTRICTIONS. Users may not:
i. Remove any copyright, trademark or other proprietary notices from any portion of the Services;
ii. Reproduce, modify, distribute, license, lease, sell, rent, lend, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TDC;
iii. Modify, adapt, decompile, translate, reverse engineer, decipher, or otherwise disassemble the Services;
iv. Cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
v. Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
vi. Frame, link to, or mirror any part of the Rider App except as expressly permitted by TDC;
vii. Use any process for the purpose of retrieving, indexing, scraping, “data mining”, copying, accessing, acquiring information, generating impressions or clicks, inputting or storing information, searching, or monitoring any portion of the Rider App.
c. OWNERSHIP. The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain the property of TDC. These Terms are not a sale and do not convey or grant Users any rights in or related to the Services, or any intellectual property rights owned by TDC.
8. CHARGES.
a. CHARGES GENERALLY. Rider understands that requests or use of Rideshare Services, Co-op Ride Services, or Third-Party Services may result in charges to Rider and/or to an organization, if applicable. Charges to Riders and/or organizations for Rideshare Services include fares and other applicable fees, tolls, surcharges, and taxes, including as set forth in this Agreement (Collectively, “Charges”), plus any tips to the Driver that Rider elects to pay.
b. FARES. Rider agrees to pay Fares in exchange for provision of Services. The fares are exclusive of taxes, levies, duties, governmental charges and expenses (with the exception of any Service Provider's income taxes), and will be billed to and paid by Rider.
c. TIPPING DRIVERS. Following a ride, Rider may elect to tip their Driver in cash or through the Rider App. Rider may also elect to set a default tip amount or percentage through the Rider App. Any tips will be provided entirely to the applicable Driver.
d. HIGH DEMAND PRICING. At certain times, including times of high demand for rideshare Services, Rider acknowledges that Charges may increase substantially. For quoted fares, we may factor these increases into the quoted price of the ride.
e. THIRD-PARTY PAYMENT PROCESSING. Payment processing services for TDC on Co-op Ride are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (Collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on Co-op Ride, User agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Co-op Ride enabling payment processing services through Stripe, User agrees to provide Co-op Ride accurate and complete information about User and User’s business, and User authorizes Co-op Ride to share it and transaction information related to User’s use of the payment processing services provided by Stripe.
f. CARD PAYMENT AUTHORIZATION. Upon addition of a new payment method or each request for Co-op Ride Services, Rideshare Services, or Third-Party Services, TDC may seek authorization of Rider’s selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce Rider’s available credit by the authorization amount until Rider’s bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in Rider’s account, Rider may be subject to overdraft or NSF charges by the bank issuing Rider’s debit or prepaid card. TDC is not responsible for these charges and is unable to assist Rider in recovering them from Rider’s issuing bank.
g. COUPONS. Rider may receive coupons, credits, discounts, or other promotions (Collectively, “Coupons”) that Rider can apply toward payment of certain Charges. Coupons are valid only for use on the Rider App, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of Rider’s Charges exceeds the applicable Coupon value, we may charge Rider’s payment method on file for the Charges in excess of the Coupon amount. With respect to Fares, TDC may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the Coupon. Additional restrictions on Coupons may apply as communicated to Rider in a relevant promotion or by clicking on the relevant Coupon within the Rewards section of the Rider App.
h. AUTHORITY TO MODIFY CHARGES. TDC has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms. Pricing may vary based on the type of service Rider requests. Rider shall be responsible for all charges incurred under Rider’s User account regardless of Rider’s awareness of such charges or the amounts thereof.
9. FEES.
a. SERVICE FEE. TDC may charge a “Service Fee” for each ride.
b. CANCELLATION FEE. If Rider’s final destination is not the same as the destination in Rider’s ride request, or the time or distance of Rider’s ride differs substantially from Rider’s quoted fare, or if Rider attempt to abuse the Rider App, we may, at TDC’s sole discretion and determination, update the fare to reflect time and distance traveled and/or cancel the fare quote and charge Rider a cancellation fee. TDC may also charge a fee if Rider fails to show up after requesting a ride.
c. CLEANING FEE. Rider shall pay for all necessary cleaning of Driver vehicles resulting from use of Services under Rider’s account which are in excess of normal wear and tear. In the event that Driver reports the need for cleaning, TDC will verify such report at its reasonable discretion. Upon verification, TDC may charge Rider’s account a reasonable cleaning fee, using Rider’s default payment method as designated in Rider’s account. Cleaning Fees will be transferred by TDC to the applicable Driver and are non-refundable.
d. DAMAGE FEE. If a Driver reports that Rider has materially damaged the Driver's vehicle, TDC may charge Rider a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by TDC in its sole discretion), towards vehicle repair. TDC may verify or otherwise require documentation of damages prior to processing the Damage Fee.
e. ABUSE FEE. If TDC receives a credible report that Rider has misused or abused the Rider App, it may charge Rider an “Abuse Fee” of up to $250 as determined by TDC in its sole discretion. TDC may verify or otherwise require documentation of abuse prior to processing the Abuse Fee.
f. OTHER FEES. Other fees and surcharges may apply to Rider’s ride, including, but not limited to: actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by TDC or its marketing partners. In addition, where required by law TDC will collect applicable taxes.
10. REFUNDS. If Driver cancels an accepted Service, Rider will be refunded the quoted amount for the Service. If Rider cancels an ordered Service, all Charges are non-refundable except to the extent required by law. This policy shall apply at all times regardless of Rider’s decision to terminate usage of the Rider App, any disruption to the Rider App, the Services, or Third-Party Services.
11. DRIVER REPRESENTATIONS AND WARRANTIES. If providing Services as a Driver, Driver represents, warrants, and agrees that:
a. Driver possesses a valid driver’s license and is authorized and medically fit to operate a motor vehicle.
b. Driver possesses all appropriate licenses, approvals, and authority to provide transportation to Riders in all jurisdictions in which Driver provides Services.
c. Driver owns, or has the legal right to operate, the vehicle Driver uses when providing Services. The vehicle used is in good operating condition and meets the industry safety standards, standards set by TDC, and all applicable statutory and state department requirements for a vehicle of its kind and any and all applicable safety recalls have been remedied per manufacturer instructions.
d. Driver will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany Driver 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 others.
e. Driver will only provide Services using the vehicle that has been reported to, and approved (Approved Vehicle) by TDC, and for which a photograph has been provided to TDC. Driver will not transport more passengers than can securely be seated in the Approved Vehicle (and no more than 7 passengers in any instance).
f. Driver will not, while providing Services for TDC, operate as a public or common carrier or taxi service. Driver will not accept street hails, charge for rides (except as expressly provided in this Agreement), demand that Rider pay in cash, or use any credit card reader, such as a Square Reader, to accept payment or engage in any manner that is inconsistent with Drivers obligations under these Terms of Service.
g. Driver will not attempt to defraud TDC or Riders in connection with provision of the Services. If it is suspected that Driver has engaged in fraudulent activity, TDC may withhold applicable payments for the ride(s) in question and take any other action against Driver available under the law.
h. Driver will not discriminate against Riders. Driver agrees not to discriminate against Riders on the basis of gender, social class, race, political affiliation, age, sex or religion. Driver will make reasonable accommodations as required by law for those who travel with service animals or who use wheelchairs or other mobility devices that can be folded for safe and secure storage in the trunk or backseat of the Approved Vehicle.
i. Driver agrees that TDC may obtain information about Driver, including Driver’s criminal and driving records. Driver will provide criminal and driving records upon request and agrees to provide any necessary authorizations to facilitate The Driver Cooperative’s access to such records during the term of these Terms of Service.
j. Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements and requirements set by TDC) that names or schedules the Driver for the operation of the Driver’s Approved Vehicle.
k. Driver will pay all applicable federal, state, and local taxes based on Driver’s provision of Services and any payments received.
12. DRIVER PAYMENTS. Drivers must submit all required documentation to be paid, including but not limited to name, address, SSN and if the Driver so desires, the EIN of their business entity, as well all documents required by applicable laws and regulations to drive for-hire. TDC processes pay daily by direct deposit, but may change payment frequency or method based on the needs of the business. TDC makes no guarantee of providing work for members, and access to the Co-op Apps may be revoked in cases of misconduct, or to protect the interests of the cooperative. TDC charges a 15% commission on trips to drivers, and in some cases bills customers a processing fee or service charge. Any of these policies or protocols are subject to change by TDC. Drivers will be notified by TDC in advance of any changes made to direct deposit and payment processing.
13. DRIVER PAYMENT ADJUSTMENTS. TDC will collect payments owed to Drivers by Riders and other third parties as Driver’s limited payment collection agent and Driver agrees that the receipt of such payments by TDC satisfies the payer’s obligation. TDC reserves the right to adjust or withhold all or a portion of a Driver Fare or other payment owed to Driver (except tips) (i) if we believe that Driver has attempted to defraud or abuse Riders, TDC, or TDC’s payment systems, (ii) in order to resolve a Rider complaint (e.g., Driver took an inefficient route or failed to properly end a particular instance of Rideshare Services in the Rider App application when the ride was over), or (iii) if Driver ends a ride at a location that is different than the destination submitted through the Rider App. TDC’s decision to adjust or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner. If Driver has agreed to any other amounts being deducted from their Driver Fares and/or other payments with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to Driver, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that their Driver Fare and any other payments to Driver will be paid daily. Driver acknowledges and agrees that all payments owed to Driver shall not include any interest and will be net of any amounts that we are required to withhold by law.
14. COMMUNICATIONS. By creating an account, User agrees to receive text (SMS) messages and/or e-mails as part of the normal business operation of the Services. User should expect to receive rideshare booking confirmations, trip notifications, promotional emails, and additional communications related to User’s use of Services. User may opt-out of receiving text messages and/or emails from TDC at any time by filling out a claim at Contact — TDC. User acknowledges that opting out of receiving text messages and/or emails may impact use of the Services.
15. RESTRICTED ACTIVITIES. Users engaging in any of the following acts during use of the Co-op Apps and Third-Party Services may have their account terminated. Users shall not:
a. Transfer, lend, sell, or lease a User account, password, or any other identifying information related to User’s use of the Services to any other party;
b. Impersonate or misrepresent any person or entity in relation to User’s use of the Services;
c. Use a false email address, name, or other identifying information in relation to User’s use of the Services;
d. Violate any law, statute, rule, ordinance, regulation, or permit;
e. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age, sexual orientation, or other identifier;
f. Commercialize the Services without the express, written authorization of TDC;
g. Post, email or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, interfere with, or limit the functionality of the Rider App;
h. Manipulate identifiers or communications to disguise the origin of any information transmitted through the Rider App;
i. Cause any third party to engage in the above listed restricted activities.
16. TERMINATION. This Agreement may be terminated:
a. By User upon deletion of either Co-op App, except in the case of a breach of this Agreement;
b. By TDC, if it determines that User has engaged in any of the above Restricted Activities, or violated any other term of this agreement;
c. By TDC, in the event that:
i. User are no longer eligible to qualify as a User;
ii. User no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance, or regulation
iii. User falls below TDC’s star rating or cancellation threshold;
iv. TDC has a good faith belief that such action is necessary to protect the safety of the TDC community or third parties.
d. Users will be given notice of any actual or potential termination of User’s account and given an opportunity to attempt to cure the issue to TDC’s reasonable satisfaction prior to TDC permanently terminating the Agreement. If the breach is cured in a timely manner and to TDC’s satisfaction, this Agreement will not be permanently terminated.
17. DISCLAIMERS.
a. AS AVAILABLE DISCLAIMER. The Co-op Apps will use due care and skill in providing the Service. However, given the nature of Service, including the Service’s reliance on systems and services not owned or controlled by TDC, TDC cannot promise that the Service will be continuous, fault-free or accessible at all times or that the Service is available in each place within a given location.
b. APP STORE DISCLAIMER. This paragraph applies to any version of the Rider App that User acquires from the Apple App Store. This Agreement is entered into between User and TDC. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Co-op Apps. TDC, not Apple, is solely responsible for the Co-op Apps and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon User’s acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against User as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, User is “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
c. IDENTITY DISCLAIMER. We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the Co-op Apps, Rider App Services, and Third-Party Services, including looking at the photos of the Driver or Rider User has matched with to make sure it is the same individual User sees in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Co-op Apps by persons under the age of 18 in violation of this Agreement. We encourage Users to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
18. INDEMNITY. User agrees to indemnify and hold harmless TDC and its affiliates, subsidiaries, parents, successors and assigns, and each of our respective directors, employees, and agents for all claims, demands, liabilities and expenses (including attorneys’ fees) arising out of or in connection with:
a. User’s use of the Services or goods obtained through User’s use of the Services;
b. User’s breach of any of this Agreement or the documents that it incorporates by reference;
c. Any allegation that any materials that User transmit through the Co-op Apps or to TDC infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
d. User’s ownership, use or operation of an Approved Vehicle, including User’s provision of Services as a Driver;
e. Any other activities in connection with the Rider App, or the Services.
19. LIMITATION OF LIABILITY.
a. TDC, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TDC” FOR PURPOSES OF THIS SECTION), SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, DELETION, CORRUPTION, LOST DATA, PERSONAL INJURY, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE CO-OP APPS, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THE CO-OP APPS, CO-OP RIDE 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 OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. THE CO-OP APPS MAY BE USED BY USER TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT USER AGREES THAT TDC HAS NO RESPONSIBILITY OR LIABILITY TO USER RELATED TO ANY TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, TDC HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USERS USE OF OR RELIANCE ON TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN USER AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.
c. TDC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) USER’S USE OF OR RELIANCE ON THE SERVICES OR USER’S INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN USER AND ANY THIRD PARTY PROVIDER, EVEN IF TDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TDC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TDC’S REASONABLE CONTROL. USER ACKNOWLEDGES THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
d. THE LIMITATIONS AND DISCLAIMER IN SECTIONS 17 AND 18 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER USER’S RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW
20. DISPUTE RESOLUTION & ARBITRATION.
a. ARBITRATION. You agree that any dispute or claim arising from or relating to the Terms and Conditions shall be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect, unless otherwise required by law. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration or mediation under the Terms and Conditions will take place on an individual basis ― class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms and Conditions, You and The Drivers Cooperative are each waiving the right to trial by jury or to participate in a class action lawsuit. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert Your claim in “small claims” court, but only if Your claim qualifies, Your claim remains in such court, and Your claim remains on an individual, non-representative, and non-class basis.
b. UNITED STATES LEGAL COMPLIANCE. Both parties agree to operate in full compliance with all United States governmental laws, regulations, and requirements applicable to its obligations and to maintain all licenses, permits, and approvals required for its performance under this Agreement.
c. ATTORNEYS' FEES. If either party incurs any legal fees associated with the enforcement of this Agreement, the prevailing party shall be entitled to recover its reasonable outside attorney's fees and any court, arbitration, mediation, or other reasonable litigation expenses from the other party.
d. TIME LIMITATION TO BRING ACTION. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT.
21. CONFIDENTIALITY. Drivers shall not use any technical, financial, strategic and other proprietary and confidential information relating to TDC’s business, operations and properties, information about a User made available to Driver in connection with such User’s use of the Co-op Apps, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to Driver by TDC or the Rider App for Driver’s own use or for any purpose other than as described in this Agreement. Driver shall not disclose or permit disclosure of any Confidential Information to third parties, nor shall Driver store separate and outside of the Rider App any Confidential Information obtained from the App. Drivers understand that some of the Confidential Information they receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that Driver knows a Rider, Driver should not disclose to anyone the identity of the Rider or the location that Driver picked up, or dropped off the Rider, as this could violate HIPAA. Driver understands that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against Driver. Driver shall take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of TDC in order to prevent it from falling into the public domain. Notwithstanding the above, Driver shall not have liability to TDC with regard to any Confidential Information which Driver can prove: (i) was in the public domain at the time it was disclosed by TDC or has entered the public domain through no fault of Driver; (ii) was known to Driver, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (iii) is disclosed with the prior written approval of TDC; (iv) becomes known to Driver, without restriction, from a source other than TDC without breach of this Agreement by Driver and otherwise not in violation of TDC’s rights; or (v) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that Driver shall provide prompt notice of such court order or requirement to TDC to enable TDC to seek a protective order or otherwise prevent or restrict such disclosure.
22. WARRANTY. The Services to be performed hereunder are in the nature of Rideshare and Taxi Services. Service Provider does not warrant in any form the results or achievements of the Services provided or the resulting work product and deliverables. Service Provider warrants that the Services will be performed by qualified personnel in a professional manner in accordance with generally accepted industry standards and practices. Service Provider shall comply with all statutes, ordinances, regulations and laws of all international, federal, state, county, municipal or local governments applicable to performing the Services hereunder.
23. LIMITATION OF WARRANTY. THE WARRANTY SET FORTH IN SECTION 23. IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, WORK PRODUCT OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM. SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. USERS EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF THE SERVICES, OR IF REPERFORMANCE IS NOT POSSIBLE OR CONFORMING, REFUND OF ANY AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING SERVICES.
24. GENERAL.
a. GOVERNING LAW. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws principles. The parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Manhattan, New York.
b. TRANSLATION INTERPRETATION. This Agreement is executed in English. In the event this Agreement is translated into any other language, this version in English shall be controlling on all questions or interpretations and performance.
c. SURVIVAL. Following this Agreement, any provision set forth which is intended to survive, shall survive.
d. SEVERABILITY. In the event that any part of this Agreement is deemed invalid, illegal, or otherwise unenforceable:
i. TDC shall use all reasonable efforts to amend the term to eliminate any such invalidity, illegality, or unenforceability to the extent practically possible, taking into full account its original intent when entering into this Agreement; and
ii. The remaining provisions of the Agreement shall continue in full force and effect.
e. PUBLICITY. Subject to the confidentiality provisions set forth herein, Service Provider shall be free to disclose to the public that User is a user of Co-op Ride, and may use User's name to make such statement.
f. ASSIGNMENT. User may not assign, delegate or otherwise transfer its obligations under this Agreement without the prior written consent of TDC. Consent shall not be unreasonably withheld. User shall remain liable for all its obligations even in the case of permitted assignment.
g. FORCE MAJEURE. Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including but not limited to:
i. Civil commotion, war,
ii. Fires, floods, accident, earthquakes, inclement weather,
iii. Telecommunications line failures, electrical outages, network failures,
iv. Governmental regulations or controls,
v. Strikes or labor disputes,
vi. Pandemics, epidemics, local disease outbreaks, public health emergencies, communicable diseases, quarantines,
vii. Terrorism, acts of God,
viii. Or other similar or different occurrences beyond the reasonable control of the party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect.
h. NOTICE. Each party shall use reasonable efforts to notify the other party of the occurrence of a Force Majeure event within 5 business days of its occurrence. Notice shall include a description of the force majeure event and a description of the obligation that User were unable to perform.
i. HEADINGS; CONSTRUCTION. The headings/captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain.
j. CONTACT US. If User has any questions about these Terms of Service, User can contact us by visiting this page on our website: Contact — TDC.
k. PRIVACY. User’s use of the Co-op Apps shall bind User to these Terms of Service as well as to the terms of TDC Privacy Policy.