These terms of service constitute a legally binding agreement (the “Agreement”) between you and Ride on Time, Inc. (“Ride on Time,” “we,” “us” or “our”) governing your use of the Ride on Time application, website, and technology platform (collectively, the “Ride on Time Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND RIDE ON TIME HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 11 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST RIDE ON TIME TO BINDING AND FINAL ARBITRATION.
By entering into to this Agreement, and/or by using or accessing the Ride on Time platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 11) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE RIDE ON TIME PLATFORM.?
1. The Ride on Time Platform
The Ride on Time Platform provides a marketplace where Users exchange information about the location of their school buses. Each User must create a User account that enables access to the Ride on Time Platform. Each person may only create one User account.
2. Modification to the Agreement
In the event Ride on Time modifies the terms and conditions of this Agreement, such modifications shall be binding. Ride on Time reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Ride on Time Platform or Services after any such changes shall constitute your consent to such changes.
The Ride on Time Platform is not available to children (persons under the age of 13) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 13 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account.
4. Ride on Time Communications
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail and push notifications. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
5. Your Information
6. Restricted Activities
With respect to your use of the Ride on Time Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Ride on Time Platform or the servers or networks connected to the Ride on Time Platform;
- post Information or interact on the Ride on Time Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Ride on Time Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- “frame” or “mirror” any part of the Ride on Time Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ride on Time Platform or any software used on or for the Ride on Time Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Ride on Time Platform or its contents;
- link directly or indirectly to any other web sites;
- transfer or sell your User account, password and/or identification to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.
7. Intellectual Property
All intellectual property rights in the Ride on Time Platform shall be owned by Ride on Time absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Ride on Time Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Ride on Time. Ride on Time shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
RIDE ON TIME and other Ride on Time logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Ride on Time in the United States and/or other countries (collectively, the “Ride on Time Marks”). The Ride on Time Marks may not be used in any manner that is likely to cause confusion. You acknowledge that Ride on Time is the owner and licensor of the Ride on Time Marks, including all goodwill associated therewith, and that your use of the Ride on Time Marks will confer no additional interest in or ownership of the Ride on Time Marks in you but rather inures to the benefit of Ride on Time.
You agree that you will not: (1) create any materials that use the Ride on Time Marks or any derivatives of the Ride on Time Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Ride on Time in writing; (2) use the Ride on Time Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Ride on Time Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Ride on Time’s rights as owner of the Ride on Time Marks or the legality and/or enforceability of the Ride on Time Marks, including, challenging or opposing Ride on Time’s ownership in the Ride on Time Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Ride on Time Marks, any derivative of the Ride on Time Marks, any combination of the Ride on Time Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Ride on Time Marks; (5) use the Ride on Time Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Ride on Time’s sole discretion. If you create any materials bearing the Ride on Time Marks (in violation of this Agreement or otherwise), you agree that upon their creation Ride on Time exclusively owns all right, title and interest in and to such materials, including any modifications to the Ride on Time Marks or derivative works based on the Ride on Time Marks. You further agree to assign any interest or right you may have in such materials to Ride on Time, and to provide information and execute any documents as reasonably requested by Ride on Time to enable Ride on Time to formalize such assignment.
Ride on Time respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Ride on Time Platform or Services infringe upon your copyrights, please notify us at firstname.lastname@example.org.
The following disclaimers are made on behalf of Ride on Time, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Ride on Time does not provide transportation services, and Ride on Time is not a transportation carrier. Ride on Time is not a common carrier or public carrier.
The Ride on Time Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Ride on Time Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Ride on Time Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Ride on Time Platform will be corrected, or that the Ride on Time Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Ride on Time Platform or Services.
Ride on Time is not responsible for the conduct, whether online or offline, of any User of the Ride on Time Platform or Services. You are solely responsible for your interactions with other Users. By using the Ride on Time Platform and participating in the Services, you agree to accept such risks and agree that Ride on Time is not responsible for the acts or omissions of Users on the Ride on Time Platform or participating in the Services.
You are responsible for the use of your User account, and Ride on Time expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Ride on Time Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Ride on Time Platform or through the Services. Please carefully select the type of information that you post on the Ride on Time Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Location data provided by the Ride on Time Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Ride on Time nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Ride on Time Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Ride on Time Platform may be accessible to Ride on Time and Users of the Ride on Time Platform.
Ride on Time advises you to use the Ride on Time Platform with a data plan with unlimited or very high data usage limits, and Ride on Time shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Ride on Time Platform.
9. Limitation of Liability
IN NO EVENT WILL RIDE ON TIME, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “RIDE ON TIME” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE RIDE ON TIME PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE RIDE ON TIME PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIDE ON TIME PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT RIDE ON TIME HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Ride on Time; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 6 or Section 11 of this Agreement. In addition, Ride on Time may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Ride on Time’s star rating or cancellation threshold; (3) Ride on Time has the good faith belief that such action is necessary to protect the safety of the Ride on Time community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Ride on Time’s reasonable satisfaction prior to Ride on Time permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Ride on Time’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 5, 6, 7 (with respect to the license), 8, 9, and 11-13 shall survive any termination or expiration of this Agreement.
11. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
For any dispute you have with Ride on Time, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Ride on Time has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Ride on Time agree otherwise, the arbitration will be conducted in Suffolk County, Massachusetts. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Ride on Time will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RIDE ON TIME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law. You agree that: (i) the Service shall be deemed solely based in Massachusetts; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Ride on Time, either specific or general, in jurisdictions other than Massachusetts. These Terms shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Suffolk County, Massachusetts or the United States District Court for the Eastern District of Massachusetts, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Ride on Time’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Ride on Time for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Ride on Time in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Ride on Time with regard to any Confidential Information that you can prove: was in the public domain at the time it was disclosed by Ride on Time or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Ride on Time; becomes known to you, without restriction, from a source other than Ride on Time without breach of this Agreement by you and otherwise not in violation of Ride on Time’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Ride on Time to enable Ride on Time to seek a protective order or otherwise prevent or restrict such disclosure.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to choice of law principles. This choice of law provision is only intended to specify the use of Massachusetts law to interpret this Agreement and is not intended to create any other substantive right to non-Massachusetts assert claims under Massachusetts law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Ride on Time, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Ride on Time shall be given by certified mail, postage prepaid and return receipt requested to Ride on Time Technologies LLC, 27 Fairlawn Ln, Lexington, MA 02420. Any notices to you shall be provided to you through the Ride on Time Platform or given to you via the email address or physical address you provide to Ride on Time during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Ride on Time with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Ride on Time Platform or Services, please contact our Customer Support Team at firstname.lastname@example.org.