Terms of Use

Last updated:  July 4th, 2016

The following terms of use (“Terms of Use”) constitute a binding legal agreement between you and HopSkipDrive, Inc.  (“HopSkipDrive”, “we”, or other first person pronouns).  These Terms govern your use of our website, www.hopskipdrive.com (“Site”), our mobile application (“Application”) and your use and participation in any related services provided through either (the “Services”). If you do not agree to these Terms of Use, do not use the Services.

 

These Terms of Use incorporate by reference our [our Privacy Policy, our HopSkipRules, our Pricing and Payment Terms], and any other policies that are provided to you by us and applicable to the Services.

 

HOPSKIPDRIVE DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO INDEPENDENT, THIRD PARTY DRIVERS OR VEHICLE OPERATORS TO OFFER TRANSPORTATION SERVICES THAT ARE ARRANGED THROUGH USE OF OUR SERVICES. HOPSKIPDRIVE OFFERS INFORMATION AND A METHOD TO ARRANGE SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

 

These Terms can feel like a legal document because, well, it is a legal document. If you're going to use our Application and/or Services, we recommend you read it, maybe even twice, because we want you to gain comfort and confidence in the agreement (and we know you are looking for some reading material to put you to sleep). As an aside, some of the terms that follow may be in bold or all caps (or both). This means that it is really important (well, that’s what we took away from the longer explanation our lawyers gave us). So pay attention.

 

BY CLICKING ON THE BOX NEXT TO THE LANGUAGE ON THE WEBSITE, APPLICATION OR RELATED PLATFORM WHICH STATES “I AGREE TO THE HOPSKIPDRIVE TERMS OF USE” , BY PROCEEDING BEYOND THE PAGE ON THE WEBSITE, APPLICATION OR RELATED PLATFORM WHICH STATES “I AGREE TO THE HOPSKIPDRIVE TERMS OF USE”, BY INSTALLING OR USING THE APPLICATION, OR BY ACCESSING OR USING THE SERVICES, YOU:  (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (WHICH INCLUDES THESE TERMS AND ANY APPLICABLE SUPPLEMENTAL TERMS); (2) REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT; AND (3) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, (i) PERSONALLY, (ii) ON BEHALF OF A COMPANY, ORGANIZATION, SCHOOL OR OTHER ENTITY (EACH, AN “AFFILIATE”), ON BEHALF OF THAT AFFILIATE AS ITS LEGALLY AUTHORIZED REPRESENTATIVE AND TO BIND SUCH AFFILIATE TO THE TERMS OF THIS AGREEMENT, AND (iii) IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF ANOTHER INDIVIDUAL, ON BEHALF OF THAT INDIVIDUAL AS ITS LEGALLY AUTHORIZED REPRESENTATIVE AND TO BIND SUCH INDIVIDUAL TO THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU WILL NOT BE PERMITTED TO USE THE APPLICATION OR TO ACCESS OR USE THE SERVICES.  PROCEEDING BEYOND THE PAGE ON THE WEBSITE, APPLICATION OR RELATED PLATFORM WHICH STATES “I AGREE TO THE HOPSKIPDRIVE TERMS OF USE”, INSTALLING OR USING THE APPLICATION, OR ACCESSING OR USING THE SERVICES CONSTITUTES YOUR ELECTRONIC SIGNATURE ON THIS AGREEMENT AND YOUR CONSENT TO EXECUTE THIS AGREEMENT ELECTRONICALLY.

 

IMPORTANT, PLEASE READ: THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

 

We know that your privacy is important, so we created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Our Privacy Policy can be found here.

 

PLEASE NOTE THAT these Terms are subject to change by HopSkipDrive in its sole discretion at any time. When changes are made, we will make a new copy of the Terms available for your review. We will also update the “Last Updated” date at the top of these Terms. We will require you to provide consent to the updated Terms in a specified manner before further use of the Application or the Services are permitted.

 

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the Services. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall control. These Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms”.

 

1.     Services.  HopSkipDrive provides a platform to connect individuals who need transportation services (“Arrangers”) for(i) select family members, and/or, if you elect, (ii) other riders (“Account Passengers”) with whom you associate your account so that you are legally authorized to schedule rides on their behalf or invite them to participate in your ride (collectively, “Riders”) with drivers authorized to provide transportation services using their own vehicles (“Drivers”). Sometimes, Affiliates may use the Services to arrange “Rides” (as defined below) for their students and clients, provided that they are legally authorized to do so by the legal guardians of such Riders. HopSkipDrive’s platform also allows Arrangers and Drivers to communicate with each other and contract with each other, and may allow for Arrangers to provide feedback about Drivers.  CHILDREN MAY NOT USE OUR APPLICATION, SITE OR SERVICES. We refer to each one-way transportation trip as a “Ride” in these Terms. Arrangers, Drivers and other visitors to the HopSkipDrive Properties are referred to collectively as “Users”. Based on your role as a Driver or Arranger, certain Supplemental Terms apply.  The Arranger Supplemental Terms can be found here and are incorporated by reference herein for any Arrangers. By agreeing to these Terms, Arrangers shall be subject to and bound by the Arranger Supplemental Terms.  The Driver Supplemental Terms can be found here and are incorporated by reference herein for any Driver. By agreeing to these Terms, Drivers shall be subject to and bound by the Driver Supplemental Terms.  By “HopSkipDrive Properties”, we mean the Application, Site, Service and the information and content available in any of the foregoing, including without limitation any photos of Drivers.

 

2. Requirements for Use of Our Site and Services.  In order to use our Site and Services as either a Driver or Arranger, all of the following requirements apply:

a. You must be at least 18 years of age.

b. You must register for an account on our Site to schedule a Ride as a Driver or Arranger. You agree not to create an account using a false identity or this information, or on behalf of someone other than yourself unless you have been granted the legal authority to do so. You shall have no ownership or other property interest in your account.

c. You must safeguard your username and password information; you may not share this information with anyone else and are responsible for all activity on your account. You agree that you shall monitor your account to restrict use by minors and you shall not allow your children to use your account.

d. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form.

e. HopSkipDrive reserves the right to remove or reclaim any usernames at any time and for any reason.

f. You must provide all equipment and software necessary to connect to the HopSkipDrive Properties, including but not limited to, a mobile device that is suitable to connect with and use the HopSkipDrive Properties. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the HopSkipDrive Properties.

g. You must treat all information about participants in our Services, including profile information about Drivers, Arrangers and Riders, and other User Submissions (defined below) as confidential information.  You may use this information only for the purpose of fulfilling your obligations as a participant in the Services, and you may not share this information with any third party.

3. Mobile Application.

a. Subject to your compliance with these Terms, HopSkipDrive grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to access the Services for your own internal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

b. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone app stores (“App Store”). You acknowledge that these Terms are between you and HopSkipDrive and not with the App Store. HopSkipDrive, not the App Store, is solely responsible for the Services and Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to the internet, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.

c. The following applies to any App Store Sourced Application:

a. You acknowledge and agree that (i) these Terms are concluded between you and HopSkipDrive only, and not Apple, and (ii) HopSkipDrive, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

c. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between HopSkipDrive 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 HopSkipDrive.

d. You and HopSkipDrive acknowledge that, as between HopSkipDrive and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

e. You and HopSkipDrive acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between HopSkipDrive and Apple, HopSkipDrive, 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 these Terms.

f. You and HopSkipDrive acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

g. Without limiting any other provision of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

d. Mobile Software from the Google Play Store. The following applies to any Mobile Software you acquire ("Google-Sourced Software"): (i) you acknowledge that these Terms are between you and HopSkipDrive only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) HopSkipDrive, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to HopSkipDrive’s Google-Sourced Software.

e.   Certain software code incorporated into or distributed with the Application may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”).  Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under Section 3(a) and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses.  You agree to comply with the terms and conditions of such open-source software license agreements.

f. When you use our Application, we collect location information from the GPS functionality on your device. You hereby authorize us and our Services to take such actions and access such data. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device, but our Services may not function as intended. You hereby authorize the Application to access such components of your mobile device. You acknowledge and agree that: (a) such information may be made available to Drivers (if you are an Arranger) or Arrangers (if you are a Driver); and (b) HopSkipDrive merely makes this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties.

g. Certain features of the Services require access to and use of your device's map features or functionality or other third party services. Any use of those features will be subject to the terms and conditions applicable to such maps or other application. By using the Services, and depending on your device’s operating system, you may also agree to the Google Maps end-user terms located at http://www.google.com/help/terms_maps.html (as may be changed from time to time by Google). It is your sole responsibility to review the terms and conditions that apply to Google Maps before using it; these Terms do not apply to any activities conducted via the Google Maps site. Likewise, by using Services, you may also agree to the Apple end-user terms located at http://www.apple.com/legal/sla/ (as may be changed from time to time by Apple). It is your sole responsibility to review the terms and conditions that apply to Apple mobile devices before using them.

h. You understand that the Application and the Services are evolving. As a result, HopSkipDrive may require you to accept updates to the Application or other software that you have installed on your computer or mobile device. You acknowledge and agree that HopSkipDrive may update the Application with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the Application.

4. Deactivation of Account

a. HopSkipDrive may immediately deactivate your Account as a Driver or Arranger if you violate these Terms or the then-current HopSkipRules, posted at: www.hopskipdrive.com/hopskiprules (“HopSkipRules”). The HopSkipRules are incorporated by reference into these Terms.

b. You may not participate as a Driver or an Arranger in the Services or use the Site after your Account has been deactivated unless and until re-authorized by HopSkipDrive.

5. Communication from HopSkipDrive.  You consent to e-mail and text message/SMS communication from HopSkipDrive and other participants in the Services, including Drivers and Arrangers.  We do not charge for this Service. However, you are responsible for all message and data rates that may be charged from your carrier for these messages.  You may not opt-out from these messages, as they are necessary for providing the Services.   We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.

6. Intellectual Property. The HopSkipDrive Properties are protected by copyright laws throughout the world and subject to other intellectual property and proprietary rights and laws. Subject to these Terms, HopSkipDrive grants you a limited license to reproduce portions of the HopSkipDrive Properties for your internal use. Unless otherwise specified by HopSkipDrive in a separate license, your right to use any HopSkipDrive Properties that you access or download through the Application or the Services is subject to these Terms.  Except for User Submissions (defined below) and third party content, the Site and the Services, including text, software, graphics, photos, interactive features and other content and the trademarks and logos displayed on the Site are owned by HopSkipDrive and its licensors and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.  

7. Prohibited Uses.

While visiting or using the HopSkipDrive Properties, you are prohibited from:

      Violating any local, state, national, or international law or regulation.

 

      Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

 

      Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

      Transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

 

      Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.

 

      Interfering with or disrupting the HopSkipDrive Properties or servers or networks connected to the HopSkipDrive Properties, or disobeying any requirements, procedures, policies or regulations of networks connected to the HopSkipDrive Properties.

 

      Accessing the HopSkipDrive Properties by any automated means.

 

      Reproducing, duplicating, copying, selling, reselling, or exploiting for any purposes any portion of the HopSkipDrive Properties, except as authorized by these Terms or as otherwise authorized in writing by us.

 

      Harming another person, including minors, in any way.

 

      Creating more than one account.

 

      Circumventing any technical limitations we impose on use of the HopSkipDrive Properties.

 

      Using the HopSkipDrive Properties if we have deactivated your account.

 

8. User Submissions. The HopSkipDrive Properties may enable you to post, upload, e-mail, transmit or otherwise make available, your own content, information data or materials through the Services (“User Submissions”). User Submissions are the sole responsibility of the party from whom such User Submissions originated. You grant us a non-exclusive, fully-paid, world-wide, transferable, perpetual, irrevocable, royalty-free license, with the right to grant sublicenses, to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use your User Submissions in any manner, in any medium, for any purpose in connection with HopSkipDrive, the Site or the Services.  You acknowledge and agree that you have no expectation of compensation or confidentiality with respect to any User Submission. User Submissions may be available to all users of the Site. We may refuse or remove User Submissions at any time.  You represent and warrant that: (a) you own all rights in your User Submissions or you have acquired all necessary rights in your User Submissions to enable you to grant HopSkipDrive the rights in your User Submissions described above, and (b) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or other rights of any third party. We have no obligation to pre-screen User Submissions or any other content on the Site or Services, although we reserve the right in our sole discretion to pre-screen, refuse or remove such content.

9. Feedback. If you provide us with any suggestions or feedback, we may use these suggestions or feedback for any purpose without attribution, accounting or compensation to you on a perpetual basis.

10.  Third Party Websites and Service Providers. As a part of the HopSkipDrive Properties, you may have access to materials that are hosted by another party (including the maps referenced above in Section 3). You agree that it is impossible for HopSkipDrive to monitor such materials and that you access these materials at your own risk. The Site may provide information from and links to third party websites (“Third Party Websites”) and advertisements for third parties (collectively, “Third Party Websites & Ads”). When you click on a link to a Third Party Website & Ad, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Websites are not under the control of HopSkipDrive. HopSkipDrive is not responsible for any Third Party Websites & Ads. HopSkipDrive provides these Third Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third Party Websites & Ads at your own risk. When you leave our Website, our Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

11. Disclaimer. YOUR USE OF THE HOPSKIPDRIVE PROPERTIES IS AT YOUR SOLE RISK. THE HOPSKIPDRIVE PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOPSKIPDRIVE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT), INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY BOOSTER SEATS PROVIDED BY HOPSKIPDRIVE OR THE INSTALLATION OF SUCH BOOSTER SEATS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE HOPSKIPDRIVE PROPERTIES OR THE DRIVERS, ARRANGERS, RIDERS, AFFILIATES OR OTHER USERS. 

DRIVERS AND AFFILIATES ARE NOT COVERED PARTIES WITHIN THE MEANING OF THIS AGREEMENT.  DRIVERS AND AFFILIATES ARE NOT AGENTS, EMPLOYEES, JOINT VENTURERS, AFFILIATES, FRANCHISEES OR PARTNERS OF HOPSKIPDRIVE.  WE DO NOT CONTROL, OR HAVE THE RIGHT TO CONTROL, DRIVERS AND AFFILIATES, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE OR ANY APPLICABLE SUPPLEMENTAL TERMS OR AS REQUIRED BY APPLICABLE STATE AND/OR FEDERAL LAW.  WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR PERFORMANCE OF DRIVERS.  WE DO NOT GUARANTEE ARRANGERS THAT ANY RIDE REQUEST WILL BE ACCEPTED BY DRIVERS OR THAT DRIVERS WILL RECEIVE ANY PARTICULAR NUMBER OF RIDE REQUESTS BY ARRANGERS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH DRIVERS OR AFFILIATES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, INCLUDING THE ACTS OF DRIVERS AND AFFILIATES, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.   WE DO NOT REPRESENT OR ENDORSE, AND SHALL NOT BE RESPONSIBLE FOR YOUR ABILITY OR INABILITY TO OFFER OR OBTAIN A RIDE USING THE SERVICES.

12.  Limitation of Liability.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COVERED PARTIES (AS DEFINED ABOVE IN SECTION 11) BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES.  IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES ARISING UNDER OR RELATED TO YOUR USE OF THE SITE AND THE SERVICES EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOUR RIDE REQUESTS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY AND (II) ONE THOUSAND DOLLARS (U.S. $1000.00).  THESE LIMITS APPLY EVEN IF A STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW LIMITS ON CERTAIN LIABILITIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. Release. You hereby release the Covered Parties from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Application or Services, or (ii) any transportation services arranged as a result of your activities through the HopSkipDrive Properties. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

14. Indemnity. You will indemnify, defend, and hold harmless the Covered Parties against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to (a) your violation or breach of any provision of these Terms, the HopSkipRules or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Drivers, Arrangers and Riders, or (c) your use of, or inability to use, the HopSkipDrive Properties or any activity or Ride resulting from such use.  HopSkipDrive reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HopSkipDrive in asserting any available defenses. You agree that the provisions in this section will survive deactivation of your Account or the Services.

15. Right to Modify or Discontinue the Services. HopSkipDrive reserves the right to modify or discontinue the Services with or without notice to you.  HopSkipDrive shall not be liable to you or any third party should HopSkipDrive modify or discontinue the Services.  HopSkipDrive has no obligation to continue providing any Services. If you want to terminate any Services provided by HopSkipDrive, you may do so by (a) notifying HopSkipDrive at any time and (b) deleting the Application from your mobile device. Your notice should be sent, in writing, to HopSkipDrive's address set forth below. HopSkipDrive will not have any liability whatsoever to you for any deactivation or termination.  All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.ARBITRATION AND A CLASS ACTION WAIVER.  The following Arbitration Agreement does NOT apply to Drivers.  Instead, Drivers shall be subject to the Dispute Resolution provision set forth in the Driver Supplemental Terms, found here.

a.   Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by HopSkipDrive that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  This Arbitration Agreement applies to you and HopSkipDrive, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

b. Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to HopSkipDrive should be sent to: 1933 South Broadway, Suite 1144, Los Angeles, CA 90007.  After the Notice is received, you and HopSkipDrive may attempt to resolve the claim or dispute informally.  If you and HopSkipDrive do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

c.  Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

d.  Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

e.  Time Limits.  If you or HopSkipDrive pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

f.  Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and HopSkipDrive, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and HopSkipDrive.

g. Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.  In the event any litigation should arise between you and HopSkipDrive in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HOPSKIPDRIVE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

h.  Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

i.   Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law.  This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

j.  Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

k. Right to Waive.  Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or effect any other portion of this Agreement.

l.  Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

m.   Small Claims Court.  Notwithstanding the foregoing, either you or HopSkipDrive may bring an individual action in small claims court.

n.  Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

o.  Courts.  In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.  

17. Other Provisions.

      No joint venture, partnership, employment, or agency relationship exists between you, HopSkipDrive or any other participant in the Services. No joint venture, partnership, employment, or agency relationship exists between HopSkipDrive and any Affiliate.

 

      HopSkipDrive shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

      We may communicate with you by sending an email to the email address associated with your account, sending a text message/SMS to the cell phone number associated with your account and/or posting on the Site itself.  You can provide any notices to us by sending an email to legal@hopskipdrive.com.

 

      Governing Law.  The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

      Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

 

      These Terms, and your rights and obligations hereunder, may not be assigned, delegated, or otherwise transferred by you without HopSkipDrive’s prior written consent, and any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void.

 

      The Services can be accessed from countries around the world and may contain references to services and content that is not available in your country, including Rides. These references do not imply that HopSkipDrive intends to announce such services or content in your country. The Services are controlled and offered by HopSkipDrive from its facilities in the United States of America. HopSkipDrive 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 responsible for compliance with local law.

 

      If you believe that HopSkipDrive has not adhered to these Terms, please contact HopSkipDrive by emailing us at legal@hopskipdrive.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to initiate the applicable Arbitration or Dispute Resolution procedure. You must bring any claims against any Covered Parties within one year unless the law requires a longer timeframe.  Claims not filed within those limits are permanently barred.

 

      If any provision of the Terms is legally unenforceable, that provision shall be limited to the least extent necessary to render it enforceable (or eliminated if it cannot be made enforceable) and the validity and enforceability of the remaining provisions will not be affected.  No waiver of these or any applicable Supplemental Terms will be effective unless it is in an explicit writing and signed by the waiving party.

 

      In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

      You may not use, export, import, or transfer the HopSkipDrive Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the HopSkipDrive Properties, and any other applicable laws. In particular, but without limitation, the HopSkipDrive Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the HopSkipDrive Properties, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the HopSkipDrive Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by HopSkipDrive are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer HopSkipDrive products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

 

 

Driver Supplemental Terms.  These Driver Supplemental Terms of Service (the “Driver Terms”) are intended to supplement the Terms of Use for HopSkipDrive and apply to all Drivers authorized to use the HopSkipDrive Properties for the purpose of providing transportation services. 

 

HopSkipDrive does not provide transportation services, and is not a transportation carrier.  HopSkipDrive neither owns, leases, nor operates any vehicles.  HopSkipDrive’s business is solely limited to offering a tool for Arrangers and Drivers to connect for the purpose of transporting Riders, in exchange for which HopSkipDrive receives a contractually-agreed upon amount of the fee paid by Arrangers to the Drivers.  

 

By agreeing to these Terms, Driver represents he/she is in the independent business of providing transportation services, and understands and intends to create the relationship of principal and independent contractor and not that of employer and employee.  Driver is not an employee, agent, joint venturer, franchisee, affiliate, or partner of HopSkipDrive for any purpose.  In addition, for Drivers, a “Ride” will begin at the point the Driver indicates their departure for their first Ride and continue until the transportation service is completed after drop off for such Ride.

 

1. Driver’s Obligations.

In consideration for authorization to use the HopSkipDrive Services to arrange Rides, Driver represents and agrees that they will comply with the following contractual obligations:

a.  Driver must be at least 23 years of age, have a valid driver’s license and all other required licenses, certifications, permits, approvals and authority to provide independent transportation services to third parties in all jurisdictions in which Driver operates.  To ensure Driver’s compliance with all legal requirements, Driver must provide written copies of all such licenses, permits and other legal prerequisites prior to the date any Rides are performed.  Thereafter, Driver must submit to HopSkipDrive current copies of such licenses, permits, etc., as they are renewed.  To ensure all such permits and licenses remain current, HopSkipDrive shall, upon request, be entitled to review such licenses and permits from time to time.

b.   Driver must provide HopSkipDrive with proof of insurance in appropriate coverage amounts as described below.

c.   Driver must have a clean driving record with (i) no more than one (1) point during the prior 3 years, (ii) no DUIs, drug-related moving violations, or extreme violations in the last 7 years (e.g., hit-and-run, vehicle-related felonies), and no accidents in which they were deemed to have been at fault.

d.   Drivers must have a clean criminal background and must have never been convicted of any of the following: a violent crime, a sexual offense, theft, property damage, a felony, a drug-related offense, child abuse, a misdemeanor, felony or other crime.

e.   Driver shall consent to HopSkipDrive conducting a comprehensive background check which may include fingerprinting, and will provide all necessary information to HopSkipDrive so that the background check can be timely and accurately completed.  HopSkipDrive may deny Driver access to the Services based on the results of the background check to the extent permitted by applicable law.

f.   Driver acknowledges they have fully read and accept the then-current HopSkipRules. Drivers agree to adhere to the HopSkipRules and the Terms, and all applicable laws and regulations governing the provision of transportation services in connection with any Rides arranged using the Services.

g.  Drivers may only use the vehicle(s) approved for use by HopSkipDrive (each an “Approved Vehicle”) for transporting Riders.

h.  Drivers must own, lease, or have all other necessary rights, permits, licenses and certifications to lawfully operate the Approved Vehicle(s), and the Approved Vehicle(s) must be in good operating condition and meet industry appearance and safety standards and all applicable statutory and state department of motor vehicle requirements. All Approved Vehicles must first pass the Public Utilities Commission ("PUC") -required 19-point vehicle inspection and Driver must provide proof of such successful inspection.  Driver must notify HopSkipDrive of any change or addition to the vehicle Driver intends to use to provide transportation services under these Terms by submitting to HopSkipDrive photos, an updated description and vehicle registration and proof of inspection for any previously unidentified vehicle.  The purpose of this provision is to enable HopSkipDrive to determine whether Driver’s vehicle(s) meets industry standards and to comply with applicable law.

i.   Driver must not make any misrepresentation about HopSkipDrive or the Services.  Drivers may not affirmatively solicit Arrangers or Riders for their own businesses, but are otherwise free to market their businesses, including while transporting Riders, as they see fit.

j.  Drivers must transport a Rider directly to the predetermined destination selected by the Arranger.

k.  For security and identification purposes, to ensure the Rider is able to verify the Driver’s identity, Driver must wear the provided HopSkipDrive t-shirt and display the HopSkipDrive trade-dress on their cars while picking up and transporting Riders.  HopSkipDrive shall have no right to require Driver to display HopSkipDrive’s name, logo or colors on Driver’s vehicle(s) or to require that Driver wear a uniform or any other clothing displaying HopSkipDrive’s name, logo or colors, beyond what is necessary for security and identification purposes as expressly stated in these Terms or required by law.  Nothing in these Terms shall limit Driver’s right to display Driver’s own business name, logo or colors on Driver’s vehicles or Driver’s apparel, to the extent doing so does not interfere with the foregoing contractual obligations.

l.   Driver agrees that he/she shall maintain a professional appearance consistent with industry standards while transporting Riders.

m.  In order to comply with safety regulations imposed by the PUC:

i.  HopSkipDrive has a zero-tolerance policy with regard to device usage during Rides. Driver may not use his/her phone or other devices for texting or voice calls for any purpose while transporting a Rider, even with Bluetooth, a speakerphone or headset, except if contacted by HopSkipDrive or an Arranger, in which event Driver agrees to pull safely over to the side of the road and answer the call or return HopSkipDrive’s call. 

ii.   Driver must immediately notify HopSkipDrive and the appropriate Arranger in the event of any delay or an emergency or other event that may threaten the health or safety of a Rider.  In the event that a Rider has a health emergency during the Ride, Driver must call 911 or drive the Rider to the nearest hospital, as appropriate, and then contact HopSkipDrive.

iii.   Driver must have their current cell phone number listed on their account at all times.

iv.   If and when applicable, Driver must install booster seats prior to pick up.

v.   No adults over the age of 18 except for the Driver, or except for the Rider’s Arranger or an adult authorized by the Rider’s Arranger, shall be present in any Approved Vehicle(s) during a Ride.

vi.   Driver agrees not to discriminate 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.

vii.  Driver shall comply with HopSkipDrive’s zero-tolerance policy against drug and alcohol use during Rides.

viii.  Driver shall comply with HopSkipDrive’s zero-tolerance policy against physical contact between Drivers and Riders.

n.   During a Ride, Driver will not interfere with the operation of the Application or disable the collection of location-based information from the Driver’s mobile device.

o.   Driver will be solely responsible for compliance with any applicable state, federal or local, laws, rules, regulations governing driving and the provision of transportation services, including with respect to any limitations on driving hours and any requirements governing the condition of motor vehicles. Without limiting the provisions of Section 3(e) of the Terms of Use, and to ensure compliance with the foregoing provision, Driver consents to and hereby authorizes HopSkipDrive (directly or through a service provider) to collect and store driving and other location-based data while the Application is open or being used.

p.   Failure to comply with the foregoing shall constitute a material breach of the Terms.

2. HopSkipDrive and Driver may be, or are, engaged in similar agreements with others.  Nothing in these Terms shall preclude HopSkipDrive from doing business with other independent transportation service providers, nor preclude Driver from entering into contracts similar to these Terms with any peer-to-peer, ridesharing, or lead generation providers.  HopSkipDrive neither has nor reserves the right to restrict Driver from performing other transportation services for any company, business or individual, or from being engaged in any other occupation or business.  However, Driver shall not while these Terms are in effect, use his/her relationship with HopSkipDrive (or the information gained from use of the Services) to divert or attempt to divert any Arrangers or Riders from using the HopSkipDrive Properties to a company that provides services in competition with HopSkipDrive.  For safety reasons, during any Ride, Driver agrees not to run smartphone applications for other peer-to-peer, ridesharing or lead generation providers.

3.     Subject to the provisions of the Terms expressly set forth herein, Driver shall be solely responsible for determining how to perform the Rides arranged using the Services.  Drivers agree to fully perform Rides in a timely, efficient and safe manner and in accordance with all Arranger and Rider specifications.  The provisions of these Terms reserving authority in HopSkipDrive have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.  Except as to those provisions, HopSkipDrive shall have no right to, and shall not, control the manner or prescribe the method, manner, or means Drivers use to complete Rides.

4.   Except as specifically set forth in these Terms, Driver is solely responsible for all costs and expenses incident to Driver performing Rides under these Terms, including, but not limited to, costs of fuel, fuel taxes, wages, employment taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes, licensing, insurance coverage, unemployment insurance and workers’ compensation contributions, and any other tax, fine or fee imposed or assessed against the equipment or you by any state, local, or federal authority as a result of an action by Driver or Driver’s personnel in the performance of Rides pursuant to these Terms.  Failure to comply with these the foregoing shall constitute a material breach of the Terms.

5.  Driver is not required to purchase, lease or rent any products, equipment or services from HopSkipDrive as a condition of entering into these Terms.

6.     Ride Contracts
After registering your Account, you will be able to view, through the Service, rides that Arrangers have requested in your approximate geographic region or another region you select. HopSkipDrive does not guarantee that any Driver will receive any minimum number of Ride offers. From time to time, you may also receive notifications via text, email or the Service from HopSkipDrive indicating a Ride opportunity. This notification will include general information about the desired Ride, such as the neighborhoods of the pick-up and drop-off locations and an estimate of the applicable Ride Fees. Other Drivers may also receive such notifications.

 

You represent and warrant that: (i) you have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder your performance of your obligations under these Terms or your Ride Contracts; and (ii) Rides will be performed in a thorough and professional manner, with the requisite training, background, experience, technical knowledge and skills necessary to perform Rides.

 

The provision of Rides involves a direct contractual relationship between an Arranger and a Driver, and Arrangers and Drivers agree that they will contract directly with one another for the provision of Rides. You, and (if applicable) on behalf of your Rider acknowledge and agree that this contractual relationship is formed when a Driver agrees to provide a Ride through the Services. In such instance, subject to the Driver’s and Arranger’s right to cancel such Ride during the cancellation period described in the Pricing and Payment Terms, the Arranger agrees to pay for and the Driver agrees to perform, the Ride in accordance with the following terms and agreements: (1) these Terms, (2) the Pricing and Payment terms, (3) the Ride Description, and (4) the Ride Fees (collectively, a “Ride Contract”). You also agree with, and that each of your Ride Contracts will include, without limitation, the following terms:

 

 - Driver shall perform Rides for Arrangers and Riders in a timely, professional and workman-like manner, in accordance with the applicable Ride Description, the HopSkipRules and generally accepted industry standards.

 

 - Upon the completion of the Ride, Arranger is responsible for and shall pay any and all applicable Ride Fees.

 

 - Driver acknowledges that HopSkipDrive does not, in any way, direct or control Driver’s provision of Rides to Arrangers or Riders.

 

 - Driver agrees to indemnify, hold harmless and defend HopSkipDrive from any and all claims arising out of or related to their Ride Contract, including but not limited to claims arising out of the provision of Rides by Driver to Riders.


 HopSkipDrive offers a technology platform to provide the Services and is not involved in the provision of Rides. HopSkipDrive’s sole responsibility with respect to Ride Contracts is limited to (i) facilitating the availability of the Services, and (ii) serving as the limited authorized agent of the Drivers for the purpose of accepting payments from Arrangers on behalf of the Drivers and transmitting such payments to the Drivers as described herein.

 

7.     Fees: Driver shall be entitled to a fee for each completed Ride provided as a result of Driver’s use of the Services, as if further described in the Pricing and Payment Terms. Driver also agrees to pay HopSkipDrive a fee for arranging the Ride. 

 

8.     Insurance.

a.   Drivers must possess insurance in all types of coverage and amounts required by law to provide the transportation services described in these Terms.

b.   Driver must have a valid policy of liability insurance (in coverage amounts equal to or greater than all applicable legal requirements) covering the operation of the Approved Vehicle(s) to cover any anticipated losses related to such Driver’s provision of Rides to Riders.  Driver must provide proof of insurance to HopSkipDrive before participating in the Services.

c.   Driver must be named or scheduled on their personal insurance policy covering the Approved Vehicle(s), and must also name any of their personnel that are authorized to use the Services.

d.   HopSkipDrive shall maintain all insurance it is required by law to maintain in connection with the Rides arranged using the Services.

e.   Industrial Injury Insurance.  Driver shall be responsible for maintaining appropriate industrial injury insurance to the extent required by law.  If permitted by law, Driver may choose to insure Driver and any personnel against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance.

f.   Failure to comply with these insurance requirements shall constitute a material breach of the Terms.

9.    Dispute Resolution—PLEASE READ.

a.     MANDATORY AND EXCLUSIVE ARBITRATION:  HopSkipDrive and Driver mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court.  This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall apply to any and all claims arising out of or relating to the Terms or these Driver Terms, Driver’s classification as an independent contractor, Driver’s provision of Rides under the Terms or these Driver Terms (including any Rides provided by Driver’s personnel), the payments received by Driver and/or its personnel for providing Rides under the Terms or these Driver Terms, the termination of the terms or these Driver Terms, and all other aspects of Driver’s relationship with HopSkipDrive, past or present, whether arising under federal, state or local statutory and/or common law.

(a)    If either Party wishes to initiate arbitration, the initiating Party must notify the other Party in writing via email, certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period.  This demand for arbitration must include (1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.  Any demand for arbitration by Driver must be delivered to 1015 Hope Street, Suite A, South Pasadena, CA 91030.  Any demand for arbitration by HopSkipDrive must be delivered to Driver’s last known address.

(b)   Class Action Waiver:  Driver and HopSkipDrive mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”).  Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

(c)    Driver agrees and acknowledges that entering into this arbitration agreement does not change Driver’s status as an independent contractor in fact or in law, that Driver is not an employee of HopSkipDrive and that any disputes in this regard shall be subject to arbitration as provided herein.

(d)   Any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), except as follows:

1.     The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules.  The Arbitrator shall be an attorney or retired judge with experience in the law underlying the dispute.

2.     If the Parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in the county in which Driver provided Rides under the Terms and these Driver Terms.

3.     Unless applicable law provides otherwise, as determined by the Arbitrator, the Parties agree that HopSkipDrive shall pay all of the Arbitrator’s fees and costs.

4.     The Arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.

5.     Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration.  The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.

6.     The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.

7.     The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.

8.     Either Driver or HopSkipDrive may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Dispute Resolution provision may be rendered ineffectual.

(e)   Regardless of any other provision in the Terms or these Driver Terms, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.

(f)   The AAA Rules may be found at www.adr.org or by searching for “AAA Commercial Arbitration Rules” using a service such as www.Google.com or www.Bing.com.  Driver may also request a copy directly from HopSkipDrive.

(g)    Right To Consult With An Attorney:   Driver has the right to consult with private counsel of Driver’s choice with respect to any aspect of, or any claim that may be subject to, this Dispute Resolution provision.  In the event any portion of this Dispute Resolution provision is deemed unenforceable, the remainder of this Dispute Resolution provision will be enforceable.  If the Class Action Waiver is deemed to be unenforceable, Driver and HopSkipDrive agree that the Dispute Resolution provision is otherwise silent as to any party’s ability to bring a class, collective or representative action in arbitration.

10.  Term/Termination. HopSkipDrive and Driver agree that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Driver the right to choose when to make himself/herself available and each Ride is treated as a separate service arrangement.  These terms may be terminated by either the Driver or HopSkipDrive upon seven (7) days’ written notice, or immediately upon written notice in the event of a material breach of the Terms.  What constitutes a material breach is not limited by the express provisions of the Terms.  After notice of termination of the Terms and these Driver Terms, Driver agrees to return the HopSkipDrive t-shirt, booster seat, and trade dress to HopSkipDrive within 24 hours.

 

11. Permission to Use Driver Photos. HopSkipDrive may, or may have a third party photographer contracted by HopSkipDrive, take photographs of Drivers (“Driver Photos”). You hereby grant HopSkipDrive all applicable rights, consents and permissions to photograph you or to have a third party service photographer photograph you and to use, reproduce, distribute, publicly display, and publicly perform your name and your image and likeness in any Driver Photo of you, in connection with the operation, advertisement or promotion of the Services, without any compensation for, or obligation to pay, you. Such rights, consents and permissions will survive any termination or expiration of these Terms. HopSkipDrive owns all right, title and interest in all Driver Photos and may use such Driver Photos in any manner in which it sees fit in connection with the Services.

 

 

Arranger Supplemental Terms.  These Arranger Supplemental Terms of Service (the “Arranger Terms”) are intended to supplement the Terms of Use for HopSkipDrive and apply to all Arrangers using the HopSkipDrive Properties in their capacity as Arrangers.

1.     Requirement for Arrangers.

a.     If you are an Arranger, you must fully and accurately complete the account creation form (the “Account Creation Form”), and immediately update the Account Creation Form if there are any changes to this information.

b.     Arranger must ensure that the Rider is familiar with and follows all applicable rules and guidelines set forth in these Terms and the HopSkipRules.

c.     Arranger will inform HopSkipDrive regarding any health concerns or any specific instructions regarding the pickup or drop-off of the Rider for communication to the Driver.

d.      Arranger will have and maintain all necessary permissions to enable Driver to pick up Rider from the applicable pickup location and drop-off Rider at the applicable destination.

e.     We reserve the right to refuse any potential Arranger or to suspend or terminate any Arranger’s approved status at any time, for any reason or no reason.

f.      You agree not to circumvent our Services to interact with a Driver outside of our Services.

g.      Arrangers will ensure that all Riders: (1) comply with all HopSkipRules; and (2) are available at the designated place promptly at the scheduled pick-up time and in the exact location noted on any specific instructions provided by the Arranger. Drivers will wait 5 minutes after the scheduled pickup time before contacting HopSkipDrive for more information.  In no event shall a Driver be required to wait more than 15 minutes for a Rider.

h.     We reserve the right to refuse any potential Arranger or Rider or to suspend or terminate any Arranger’s or Rider’s eligibility to obtain Rides at any time, for any reason or no reason.

2.     How to Arrange a Ride. Arrangers shall arrange Rides for Riders through the Site or Application. Arrangers will provide the necessary descriptive information for the desired Ride through the Service, including, without limitation, (i) the Rider(s) who will be participating in the ride, (ii) the pick-up and drop-off locations, and (iii) the desired pick-up time or drop-off time, and date (collectively, the “Ride Description”).  Arrangers will input their requests prior to any given Ride and HopSkipDrive will endeavor to match the request with an available Driver. A RIDE REQUESTED IS NOT A GUARANTEE THAT A RIDE WILL BE ARRANGED OR PROVIDED. ALL RIDES MUST BE CONFIRMED BY A DRIVER. Although Arrangers will be notified of the matched Driver prior to the Ride, Arrangers acknowledge that Drivers may change prior to a Ride and following such notification to the Arranger.  Arrangers will be presented with an estimation of applicable “Ride Fees” (as such term is defined in the PRICING AND PAYMENT TERMS) before you confirm your request. Through the Services, upon requesting a Ride to be scheduled, you will be contacted by HopSkipDrive on behalf of a Driver to provide your Ride. You represent and warrant that you have the necessary rights to schedule a Ride on behalf of your Rider.

 

3.     Promotions. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes through Services. We may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Application or Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the HopSkipDrive Properties.

4.     Cancellation of Rides.  There are specific cancellation windows for any Ride and you will be charged if you fail to show and fail to cancel the reservation within the cancellation window. Please see the Pricing and Payment Terms for details on these cancellation periods and applicable fees. HopSkipDrive reserves the right to charge you cancellation fees and/or no-show fees. Depending on the Rides booked and the circumstances of the cancellation or no-show, such fees range from a flat-fee to the full quoted fare. You hereby authorize any such charges and fees.

5.      Effect of Termination. After termination or suspension of your status as an Arranger, you may no longer arrange transportation for Riders using the Services.

 

6.     Ride Contracts

The provision of Rides involves a direct contractual relationship between an Arranger and a Driver, and Arrangers and Drivers agree that they will contract directly with one another for the provision of Rides. You, and (if applicable) on behalf of your Rider acknowledge and agree that this contractual relationship is formed when a Driver agrees to provide a Ride through the Services. In such instance, subject to the Driver’s and Arranger’s right to cancel such Ride during the cancellation period, the Arranger agrees to pay for and the Driver agrees to perform, the Ride in accordance with the following terms and agreements: (1) these Terms, (2) the Pricing and Payment Terms (3) the Ride Description, and (4) the Ride Fees (collectively, a “Ride Contract”). You also agree with, and that each of your Ride Contracts will include, without limitation, the following terms:

 

 

 - Upon the completion of the Ride, Arranger is responsible for and shall pay the applicable Ride Fees [Pricing and Payment Terms]. Driver will not receive any payment until Arranger pays the Ride Fees and Arranger remains responsible for all applicable Ride Fees.

 

 - Arranger acknowledges that HopSkipDrive does not, in any way, direct or control Driver’s provision of Rides to Riders.

 

 - Arranger agrees to indemnify, hold harmless and defend HopSkipDrive from any and all claims arising out of or related to their Ride Contract, including but not limited to claims arising out of the provision of Rides by Driver to any Rider.


 HopSkipDrive offers a technology platform to provide the Services and is not involved in the provision of Rides. HopSkipDrive’s sole responsibility with respect to Ride Contracts is limited to (i) facilitating the availability of the Services, and (ii) serving as the limited authorized agent of the Drivers for the purpose of accepting payments from Arrangers on behalf of the Drivers and transmitting such payments to the Drivers as described herein.