Last updated February 22, 2023
1. Right to Modify Terms. PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY HOPSKIPDRIVE IN ITS SOLE DISCRETION AT ANY TIME. HopSkipDrive reserves the right to modify these Terms, and such modifications shall be binding on you upon your acceptance of the modified Terms. To the extent permitted by law, continued use of the HopSkipDrive Platform to arrange for and/or provide “Services” (defined below) after any such modifications shall constitute your consent to such modifications. Unless material changes are made to the arbitration provisions herein, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable). HopSkipDrive also reserves the right to modify any information contained in any pages incorporated herein by reference or any information referenced in any of the hyperlinks set forth in these Terms, and such modifications shall become effective upon posting
2. The HopSkipDrive Platform.
a. Generally, HopSkipDrive is a marketplace platform which enables Users to connect, arrange for, and schedule transportation and associated in-ride care services for minors and other eligible riders (“Services”), and provide Services directly to other Users. “Users” refers to and includes: (i) parents and legal guardians designated by an Enterprise Customer and affiliated with a Rider in connection with an Enterprise Customer’s account, and who download the Application for the purposes of tracking rides sponsored by the Enterprise Customer (“Caregivers”)(capitalized terms defined below); (ii) independent contractors who provide Services (“CareDrivers”); and, (iii) Ride Organizers. Ride Organizers include schools, districts, nonprofits and government entities (“Enterprise Customers”) and parents/guardians who need Services for: (a) family members, (b) students, (c) clients, (d) themselves, and/or (e) other riders for whom they are legally authorized to arrange rides (collectively, “Riders”). . Ride Organizers and CareDrivers are free to use the HopSkipDrive Platform to contract with one another, and Users are free to use the HopSkipDrive Platform to communicate with one another. CareDrivers use the HopSkipDrive Platform to advertise their Services to other Users. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Services provided by a CareDriver at the request of a Ride Organizer constitute a separate agreement between such persons. Ride Organizers are responsible for paying CareDrivers for the Services they contract for using the HopSkipDrive Platform.
HOPSKIPDRIVE DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION COMPANY. As a User, you acknowledge that your ability to arrange for, provide, and/or obtain Services using the HopSkipDrive Platform does not in any way establish HopSkipDrive as a provider of transportation or as a transportation company. No joint venture, partnership, employment, or agency relationship exists between you and HopSkipDrive, or between HopSkipDrive and any Enterprise Customer.
b. Ride Organizers and Riders. Each Ride Organizer will need to create an account in order to access or use the HopSkipDrive Platform. As a Ride Organizer, you have the ability under your account to add Riders for whom you will be arranging Services and to provide certain information about such Riders. For each Rider that you add to your account, you represent and warrant that you have all authorizations, consents, and approvals to provide any information you submit about such Rider. Riders may be added to more than one account (e.g., a parent/guardian and school account).
c. Caregivers. Caregivers may have limited functionality on the Platform as it pertains to rides organized by the Enterprise Customer. Caregivers are considered “Ride Organizers” in the event that such User downloads the application and requests rides as a Ride Organizer.
d. Additional Features. We are always looking for ways to improve our Platform and may add, change, or remove features or offerings at any time.
3. Requirements for Use of the HopSkipDrive Platform. In order to use the HopSkipDrive Platform, you warrant your understanding and agreement to all of the following requirements:
a. You must be at least eighteen (18) years of age and have the right, authority, and capacity to enter into and abide by the terms and conditions of these Terms. In addition, you must be at least twenty-three (23) years of age to use the Platform to provide Services as a CareDriver.
b. You must create an account on our website or mobile application. You agree not to create more than one account as a Ride Organizer, Caregiver and/or as a CareDriver. You must not use a false identity or provide any false information to create your account. You may not create an account for someone else unless you have 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 under your account. You agree that you shall monitor your account to restrict use by minors and you shall not allow any children to use your account.
d. You agree to provide and maintain true, accurate, current and complete information about yourself at all times that you use the Platform and as may be required by HopSkipDrive.
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 Platform, including but not limited to, internet service and/or a mobile device that is suitable to connect with and use the Application. You are solely responsible for any expenses or fees, including internet connection or mobile fees that you incur when accessing the Application.
h. You acknowledge and agree that we will record calls placed or received via the Application (such as between CareDrivers and Ride Organizers) and such calls will be recorded and stored by us to the extent permitted by law. BY ACCEPTING THE TERMS AND PLACING OR ANSWERING A CALL THROUGH THE APPLICATION (WHETHER AS A CAREDRIVER OR RIDE ORGANIZER), YOU EXPLICITLY CONSENT TO HOPSKIPDRIVE RECORDING AND STORING SUCH PHONE CALL. IF YOU DO NOT CONSENT TO SUCH RECORDING, DO NOT PLACE OR ANSWER ANY CALL THROUGH THE APPLICATION.
4. 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 Platform for your own internal purposes.
b. The following applies to any Apple iOS Application:
(i). You acknowledge and agree that (a) these Terms are concluded between you and HopSkipDrive only, and not Apple, and (b) HopSkipDrive, not Apple, is solely responsible for the Apple iOS Application and content thereof. Your use of the Apple iOS Application must comply with the Apple Media Services Terms and Conditions, as may be amended from time to time with or without notice.
(ii). You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple iOS Application.
(iii). 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 Apple iOS Application or your possession and use of the Apple iOS Application, including, but not limited to: (1) product liability claims; (2) any claim that the Apple iOS Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
(iv). You and HopSkipDrive acknowledge that, in the event of any third party claim that the Apple iOS Application or your possession and use of that Apple iOS 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.
(v). 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 Apple iOS 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 Apple iOS Application against you as a third party beneficiary thereof.
(vi). Without limiting any other provision of these Terms, you must comply with all applicable third party terms of agreement when using the Apple iOS Application.
c. The following applies to any Application accessed through or downloaded from the Google Play Store (“Google-Sourced Application”): (i) you acknowledge that these Terms are between you and HopSkipDrive only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Application must comply with Google Play Store Terms of Service as may be amended from time to time; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Application; (iv) HopSkipDrive, and not Google, is solely responsible for its Google-Sourced Application; (v) Google has no obligation or liability to you with respect to Google-Sourced Application 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 Application.
d. 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.
e. As a marketplace Platform, we connect CareDrivers with Ride Organizers. For the Platform to work, we need to collect your location information. When you open the Application on your mobile phone, we collect your location information in real-time. Your location information is necessary for the provision of Services. For example, it is used for things like matching CareDrivers with Ride Organizers who request rides, and to help protect the safety of all Users or members of the public. Additionally, CareDrivers’ location information and distance travelled is necessary to calculate charges for rides and for insurance. By using the Application, you hereby authorize us to collect, use, and store your location data even when the Application is running in the background (for CareDrivers only). If you do not agree to permit us to collect this information on your mobile device, you may not use our Services as such collection and use is necessary for the provision of our Services.
g. You understand that the HopSkipDrive Platform is constantly being developed and improved for the benefit of all of its Users. 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 use the Platform or Application.
5. Communication from HopSkipDrive. By entering into these Terms or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automated telephone dialing systems. Communications from HopSkipDrive and other Users, including CareDrivers and Ride Organizers, may include but are not limited to: improving or using the Platform, operational communications concerning your account or the Services you provide or receive, updates concerning new and existing features relating to the Platform, communications concerning promotions run by us or our third-party partners, and news concerning HopSkipDrive and industry developments. We do not charge for this feature. However, any standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
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. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY REPLY “STOP” TO A HOPSKIPDRIVE TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES OR THE SERVICES.
IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM HOPSKIPDRIVE (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN REPLY “STOPALL” TO A HOPSKIPDRIVE TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT BY OPTING OUT OF RECEIVING ALL CALLS OR TEXTS YOU WILL NO LONGER BE ABLE TO USE THE SERVICES, AS SUCH COMMUNICATIONS 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.
a. Except for User Submissions (defined below) and third party content, the Platform, including text, software, graphics, photos, interactive features and other content and the trademarks displayed on the Platform, including the HopSkipDrive Application and website, are owned by HopSkipDrive and its licensors and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. Subject to these Terms, and unless otherwise specified by HopSkipDrive in a separate license, HopSkipDrive only grants you a limited license to use the HopSkipDrive Platform for your internal use.
b. If you are a CareDriver, HopSkipDrive grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement and any other agreement entered into between you and HopSkipDrive, a limited, revocable, non-exclusive license to display the trademarks owned by HopSkipDrive (the “HopSkipDrive Marks”) on your vehicle and to wear clothing displaying the HopSkipDrive Marks while you are performing services as a CareDriver, provided all displayed materials are obtained directly from HopSkipDrive and are consistent with these Terms. This limited license does not allow for the creation of derivative or modified versions of the HopSkipDrive Marks, or the use of the HopSkipDrive Marks for any purpose other than as set forth in this paragraph.
c. The rights granted to you by these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the HopSkipDrive Platform or any portion of the HopSkipDrive Platform; (ii) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other aspect of the HopSkipDrive Platform, including without limitation any portion of the HopSkipDrive website; (iii) you shall not use any metatags or other “hidden text” using HopSkipDrive’s name or trademarks; (iv) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the HopSkipDrive Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the HopSkipDrive Application or website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the HopSkipDrive Application or website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) you shall not access the HopSkipDrive Platform in order to build a similar or competitive website, application or service; (vii) except as expressly stated herein, no part of the HopSkipDrive Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (viii) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any feature of the HopSkipDrive Platform. Any future release, update or other addition to the HopSkipDrive Platform shall be subject to the Terms. HopSkipDrive, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the HopSkipDrive Platform terminates the licenses granted by HopSkipDrive pursuant to the Terms.
d. In the event of any proven breach by you of any provision of this Section, you agree that HopSkipDrive will be irreparably harmed as a matter of law and will be entitled to immediate injunctive relief against you prohibiting any continued use by you of the HopSkipDrive Marks.
7. Prohibited Uses. You agree not to use, or direct others to use, the HopSkipDrive Platform or Services in any manner that is prohibited by these Terms, including any manner that:
a. violates any law, statue, rule, permit, ordinance, or regulation;
b. Jeopardizes the safety of any person or causes any harm or injury to any person, including by violating the Community Guidelines;
c. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, vulgar, pornographic, obscene, offensive, or profane;
d. discriminates against or harasses 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 any other characteristic protected by law;
e. violates HopSkipDrive’s Zero Tolerance Policy, found here;f. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
g. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
h. involves commercial activities and/or sales without HopSkipDrive’s prior written consent, such as contests, sweepstakes, promotions, barter, advertising, or pyramid schemes;
i. impersonates any person or entity, including any employee or representative of HopSkipDrive, and other CareDrivers or Ride Organizers;
j. interferes with or attempts to interfere with the proper functioning of the HopSkipDrive Platform, or in any way not expressly permitted by the Terms;
k. violates a certification, attestation, or sworn statement or constitutes a false/fraudulent certification, attestation, or statement made in conjunction with using the Services; or
l. attempts to engage in or engages in, any potentially harmful acts that are directed against HopSkipDrive, including but not limited to violating or attempting to violate any security features of the HopSkipDrive Platform, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages created or maintained by HopSkipDrive, introducing viruses, worms, or similar harmful code, or interfering or attempting to interfere with use of the HopSkipDrive Platform or Services by any other User, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the HopSkipDrive Platform.
8. User Submissions. The HopSkipDrive Platform may enable you to post, upload, e-mail, transmit or otherwise make available, your own content, information, data or materials (“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 the HopSkipDrive Platform, website or Application. You acknowledge and agree that you have no expectation of compensation, privacy, or confidentiality with respect to any User Submission. User Submissions may be available to other Users (such as CareDrivers and Ride Organizers). We may refuse or remove User Submissions at any time. You represent and warrant that 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. We have no obligation to pre-screen User Submissions or any other content on the HopSkipDrive Platform, although we reserve the right in our sole discretion to pre-screen, refuse or remove such content.
9. Feedback. HopSkipDrive is continually looking to improve its Platform and encourages Users to provide feedback about their experience using the Platform and the Services that Users provide or arrange for through the Application or website (“Feedback”). All Users consent to Feedback from other Users. Feedback on CareDrivers may be shared with CareDrivers and may be used for any purpose without attribution, accounting or compensation to you. We de-identify the Feedback, but we can’t rule out that a User may be able to identify the individual or entity that provided the Feedback.
10. Third Party Websites and Service Providers. As a part of the HopSkipDrive Platform, you may have access to materials that are hosted by another party (including the maps referenced above in Section 4(g)). You agree that it is impossible for HopSkipDrive to monitor such materials and that you access these materials at your own risk. The HopSkipDrive Platform may provide information from and links to third party websites and applications (“Third Party Websites”) and advertisements for third parties (collectively, “Third Party Websites & Ads”). When you click on a link to any Third Party Websites & Ads, we will not warn you that you have left our website or Application and are subject to the terms and conditions (including privacy policies) of another website, application 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 or Application, 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. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE HOPSKIPDRIVE PLATFORM, INCLUDING ANY SERVICES PROVIDED BY INDEPENDENT CONTRACTOR CAREDRIVERS, IS AT YOUR SOLE RISK, AND THE HOPSKIPDRIVE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WHETHER KNOWN OR UNKNOWN. HOPSKIPDRIVE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). THIS PROVISION ALSO APPLIES TO, WITHOUT LIMITATION, ANY BOOSTER SEATS THAT MAY BE PROVIDED BY HOPSKIPDRIVE OR CAREDRIVERS OR THE INSTALLATION OF SUCH BOOSTER SEATS BY CAREDRIVERS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE HOPSKIPDRIVE PLATFORM OR FOR THE CONDUCT OR PERFORMANCE OF THE CAREDRIVERS, RIDE ORGANIZERS, RIDERS, ENTERPRISE CUSTOMERS OR OTHER USERS.
USERS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THESE TERMS. WE DO NOT CONTROL, OR HAVE THE RIGHT TO CONTROL USERS EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE OR ANY APPLICABLE SUPPLEMENTAL TERMS OR AS REQUIRED BY APPLICABLE STATE AND/OR FEDERAL LAW, REGULATION, OR ORDINANCE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF OR PERFORMANCE OF SERVICES PROVIDED BY CAREDRIVERS. WE DO NOT GUARANTEE RIDE ORGANIZERS THAT ANY RIDE REQUEST WILL BE ACCEPTED BY CAREDRIVERS OR THAT CAREDRIVERS WILL RECEIVE ANY PARTICULAR NUMBER OF RIDE REQUESTS BY RIDE ORGANIZERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY USERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE DO NOT REPRESENT OR ENDORSE, AND SHALL NOT BE RESPONSIBLE FOR YOUR ABILITY OR INABILITY TO ARRANGE FOR OR PROVIDE SERVICES USING THE HOPSKIPDRIVE PLATFORM. HOPSKIPDRIVE SHALL NOT BE LIABLE FOR ANY DELAY IN OR FAILURE TO PERFORM ANY SERVICES.
12. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COVERED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COVERED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR USE OF THE HOPSKIPDRIVE PLATFORM OR SERVICES. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU 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, OR (II) ONE THOUSAND DOLLARS ($1000.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COVERED PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COVERED PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COVERED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOPSKIPDRIVE AND YOU.
13. Indemnity. You agree to indemnify and hold harmless the Covered Parties against any and all claims, damages, losses, costs, liabilities, and expenses or fees (including reasonable attorneys’ fees), of any kind, relating to or arising out of: (i) your use of the HopSkipDrive Platform or Services; (ii) your (or in the case of Ride Organizers and Caregivers, you or your Riders’) violation or breach of any provision of these Terms, the policies referenced herein, or any applicable law or regulation, whether or not referenced herein; (iii) your violation of any rights of any third party; (iv) your use of, or inability to use, the HopSkipDrive Platform to arrange for or provide Services, or for any reason. HopSkipDrive reserves the right, at its sole discretion and expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HopSkipDrive in asserting any available defenses. This provision does not require you to indemnify any of the Covered Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the HopSkipDrive Platform. You agree that the provisions in this section will survive termination of your User account, the Terms, or your access to the HopSkipDrive Platform.
14. State and Local Disclosures. Certain jurisdictions require additional disclosures to you. It is your responsibility to know and follow any local or state-specific disclosures that may apply to you. You can view disclosures required by your local jurisdiction here. Failure to abide by such disclosures may result in the temporary or permanent deactivation of your User account. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
15. Term and Termination. These Terms may be terminated by User, without cause, upon seven (7) days’ written notice to HopSkipDrive, or by either Party immediately, without notice, upon the other Party’s material breach of the Terms, including but not limited to any breach of Section 7 or 18(a) – (t) of the Terms. In addition, HopSkipDrive may terminate the Terms or deactivate your User account immediately in the event (i) you no longer qualify to provide or arrange for Services or operate under applicable law, rule, ordinance, permit, or regulation; or (ii) HopSkipDrive has the good faith belief that such action is necessary to protect the safety of the HopSkipDrive community or third parties. In the event of deactivation pursuant to (i)-(ii) above, you will be given notice of the potential or actual deactivation and an opportunity to cure the breach. If the breach is cured in a timely manner and to HopSkipDrive’s satisfaction, your account and the Terms will not be permanently deactivated. You may not use the HopSkipDrive Platform after your account has been deactivated unless expressly authorized by HopSkipDrive. Sections 2, 4(f), 5, 6, 8, 11-13, and 15-18 shall survive any termination or expiration of the Terms.
16. Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HOPSKIPDRIVE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 16 OF THE TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
a. Agreement to Binding Arbitration Between You and HopSkipDrive. YOU AND HOPSKIPDRIVE MUTUALLY AGREE TO WAIVE THE RIGHT TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. The Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”);but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Terms terminate or your relationship with HopSkipDrive ends.
ANY ARBITRATION UNDER THIS ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all “Claims” (defined below) between you and HopSkipDrive, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and HopSkipDrive’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND HOPSKIPDRIVE. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the HopSkipDrive Platform, the Services, HopSkipDrive promotions, gift card, referrals, or loyalty programs, any other goods or services made available through the HopSkipDrive Platform, your relationship with HopSkipDrive, the threatened or actual suspension, deactivation or termination of your User account or the Terms, background checks performed by or on HopSkipDrive’s behalf, impairment testing, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by HopSkipDrive, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by HopSkipDrive and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND HOPSKIPDRIVE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
b. Prohibition of Class Actions and Non-Individualized Relief. YOU UNDERSTAND AND AGREE THAT YOU AND HOPSKIPDRIVE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND HOPSKIPDRIVE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST HOPSKIPDRIVE, WHICH ARE ADDRESSED SEPARATELY IN SECTION 16(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of the Terms, the Arbitration Agreement or the JAMS Rules, disputes regarding the interpretation, scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
c. Representative PAGA Waiver. Notwithstanding any other provision of the Terms or the Arbitration Agreement, to the fullest extent permitted by law: (i) you and HopSkipDrive agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (ii) for any claim brought on a private attorney general basis, including under the California PAGA, both you and HopSkipDrive agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of the Terms, the Arbitration Agreement or the JAMS Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (a) the unenforceable provision shall be severed from the Terms; (b) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (c) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
d. Rules Governing the Arbitration. Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its General Arbitration Rules & Procedures (“JAMS Rules”) that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Arbitration Agreement. Copies of the JAMS Rules can be obtained at the JAMS’s website (www.jamsadr.com/adr-rules-procedures) or by calling the JAMS at 1-800-352-5267. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of JAMS Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The Parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and HopSkipDrive will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or CareDrivers, but is bound by rulings in prior arbitrations involving the same Rider or CareDriver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
e. Arbitration Fees and Awards. The payment of filing and arbitration fees will be governed by the relevant JAMS Rules subject to the following modifications:
1. If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant JAMS Rules, HopSkipDrive agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to HopSkipDrive, HopSkipDrive will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules.
2. If HopSkipDrive initiates arbitration under this Arbitration Agreement, HopSkipDrive will pay all JAMS filing and arbitration fees.
3. With respect to any Claims brought by HopSkipDrive against a CareDriver, or for Claims brought by a CareDriver against HopSkipDrive that: (i) are based on an alleged employment relationship between HopSkipDrive and a CareDriver; (ii) arise out of, or relate to, HopSkipDrive’s actual deactivation of a CareDriver’s User account or a threat by HopSkipDrive to deactivate a CareDriver’s User account; (iii) arise out of, or relate to, HopSkipDrive’s actual termination of these Terms, or a threat by HopSkipDrive to terminate these Terms; (iv) arise out of, or relate to, Fares (as defined in this Agreement, including HopSkipDrive’s Platform Fee or commission or fees on the Fares), tips, or average hourly guarantees owed by HopSkipDrive to CareDrivers for Services, other than disputes relating to referral bonuses, other HopSkipDrive promotions, or consumer-type disputes, or (v) arise out of or relate to background checks performed in connection with a user seeking to become a CareDriver (the subset of Claims in subsections (i)-(v) shall be collectively referred to as “CareDriver Claims”), HopSkipDrive shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by HopSkipDrive pursuant to the fee provisions above). However, if you are the party initiating the CareDriver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Riders, unless a lower fee amount would be owed by you pursuant to the JAMS Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 16(e)(3), the term “CareDriver” shall be deemed to include both CareDrivers and CareDriver applicants who have not been approved to use the Platform.
4. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
6. Although under some laws HopSkipDrive may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, HopSkipDrive agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose.
7. If the arbitrator issues you an award that is greater than the value of HopSkipDrive’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then HopSkipDrive will pay you the amount of the award or U.S. $1,000, whichever is greater.
f. Location and Manner of Arbitration. Unless you and HopSkipDrive agree otherwise, any arbitration hearings between HopSkipDrive and a Ride Organizer or Caregiver (except Enterprise Customers) will take place in the county of the Ride Organizer’s or Caregiver’s billing address, and any arbitration hearings between HopSkipDrive and a CareDriver will take place in the county in which the CareDriver provides Services. Unless you and HopSkipDrive agree otherwise, any arbitration hearings between HopSkipDrive and an Enterprise Customer will take place in Los Angeles, California. If JAMS arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a JAMS arbitration.
g. Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: (i) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (ii) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 16(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (iii) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (iv) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
h. Severability. Except as otherwise provided in the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
i. CareDriver Claims in Pending Settlement. If you are a member of a putative class in a class or representative action lawsuit against HopSkipDrive involving CareDriver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your CareDriver Claims in that particular class action. Instead, your CareDriver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
j. Opting Out of Arbitration. As a User, you may opt out of this arbitration provision by providing notice to HopSkipDrive in writing no later than 30 days after you accept these Terms and become subject to this Arbitration Agreement by following the Opt Out Procedures below.
As a CareDriver or CareDriver applicant, you may opt out of the requirement to arbitrate CareDriver Claims defined in Section 16(e)(3) (except as limited by Section 16(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in HopSkipDrive’s Terms where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with HopSkipDrive. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement, you may follow the Opt Out Procedures below.
OPT OUT PROCEDURES: To opt out, you must notify HopSkipDrive in writing no later than 30 days after you accept these Terms and become subject to this Arbitration Agreement. Your notice must include your name and address, your HopSkipDrive User name (if any), the email address you used to set up your User account (if you have one), a CLEAR statement that you want to opt out of this Arbitration Agreement, and your electronic or handwritten signature. You must send notice of your desire to opt out of applicable arbitration provisions, which writing must be dated, signed and delivered by: (i) electronic mail to Legal@HopSkipDrive.com, or (ii) by US Postal Service certified mail, return receipt requested, to:
Legal and Policy HopSkipDrive, Inc. PO Box 64256, Los Angeles, CA 90064
If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Opting out of this Arbitration Agreement will have no effect on any other prior arbitration agreements between you and HopSkipDrive or any future arbitration agreement between you and HopSkipDrive.
k. Optional Pre-Arbitration Negotiation Process. Before initiating any arbitration or proceeding, you and HopSkipDrive may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and HopSkipDrive. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
17. General. Except as provided in Section 16, any enforcement of or dispute relating to these Terms shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret these Terms and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms. 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 these Terms. You agree that these Terms and all incorporated policies and agreements may be automatically assigned by HopSkipDrive, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to HopSkipDrive shall be given by certified mail, postage prepaid and return receipt requested to HopSkipDrive, Inc., PO Box 64256, Los Angeles, CA 90064. Any notices to you shall be provided to you through the HopSkipDrive Platform or given to you via the email address or physical address you provide to HopSkipDrive when you create or update your account. 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. These Terms set forth the entire understanding and agreement between you and HopSkipDrive with respect to the subject matter hereof and supersede all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the HopSkipDrive Platform or Services, please contact our Customer Support Team through email at Support@HopSkipDrive.com or by phone at (844) 467-7547.
18. CareDriver Supplemental Terms. By using the HopSkipDrive Platform to provide Services as a CareDriver, you acknowledge, represent, warrant, and agree that:
a. You are an independent provider of caregiving and/or transportation services. You use the HopSkipDrive Platform in order to advertise and connect with other Users who wish to arrange for your Services, and you provide Services to other Users of the Platform solely on behalf of yourself and your own independently established business, not on behalf of HopSkipDrive. The relationship between you and HopSkipDrive under these Terms is solely that of independent contracting parties. You and HopSkipDrive expressly agree that (i) this is not an employment agreement and does not create an employment relationship between you and HopSkipDrive, and (ii) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by these Terms. You have no authority to bind HopSkipDrive, and you undertake not to hold yourself out as an employee, agent or authorized representative of HopSkipDrive.
b. HopSkipDrive does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the HopSkipDrive Platform. You retain the option to accept or to decline or ignore a Ride Organizer’s request for Services via the HopSkipDrive Platform, or to cancel an accepted request for Services via the HopSkipDrive Platform, subject to HopSkipDrive’s cancellation policies (as may be amended from time to time). You determine the rate for your Services when using the HopSkipDrive Platform by deciding when and how often to accept ride requests and which ride requests to accept.
c. With the exception of any signage required by law or permit/license rules or requirements, HopSkipDrive does not require you to: (i) display HopSkipDrive’s names, logos or colors on your vehicle(s); or, (ii) wear a uniform or any other clothing displaying HopSkipDrive’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
d. You have a valid driver’s license and all other required licenses, certifications, permits, approvals and authority to provide independent transportation and caregiving services to third parties in all jurisdictions in which you operate as a CareDriver using the HopSkipDrive Platform. You must provide accurate copies of all required licenses, permits and other documentation necessary to establish your ability to operate as a CareDriver.
e. You have and can provide proof of valid liability insurance consistent with all applicable legal requirements that names or schedules you for the operation of the vehicle you use to provide Services.
f. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets industry and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
g. You will only provide Services using the vehicle that has been reported to and approved by HopSkipDrive. You agree to update your account to reflect any change to your vehicle information and provide all requisite information for vehicle approval in advance of using the vehicle to provide Services.
h. You will not attempt to defraud HopSkipDrive, Users, or any other third party on the HopSkipDrive Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may deactivate your account and/or withhold applicable payments for the ride(s) in question.
i. You agree that we may obtain information about your background on a continuous and ongoing basis, including criminal history and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of these Terms, consistent with applicable law or regulations. You agree to immediately self-report any arrest, conviction, or driving infraction.
j. By accepting a ride request, you are entering into an agreement with the Ride Organizer to transport the Rider to a predetermined drop off location. You must transport a Rider directly to the predetermined drop-off location selected by the Ride Organizer, using the information provided by the Ride Organizer.
k. You must be able to provide satisfactory verification of your identity to the Ride Organizer or Enterprise Customer as the CareDriver that was matched with the Rider. Unless required by law, regulation, or ordinance, you are not required to wear a HopSkipDrive t-shirt or other HopSkipDrive-branded apparel, but such items are available to you through the HopSkipDrive store. Nothing in these Terms shall limit your right to display your own business name, logo or colors on your vehicle or your apparel. You may not misrepresent to the public that you are using the HopSkipDrive Platform to provide Services if you are not actually using the Platform at the time the Services are provided. HopSkipDrive decals shall be destroyed or returned to HopSkipDrive upon account deactivation and you shall cease all use of the HopSkipDrive Marks.
l. You must be able to communicate with HopSkipDrive, including its representatives and agents, and Ride Organizers and Rider to whom you provide Services.
m. You must comply with all state and federal laws, local ordinances and regulations that apply to the operation of a motor vehicle in the jurisdiction in which you provide Services. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a CareDriver while impaired (including under the influence of alcohol or drugs), engage in illegal use of a mobile device, or take action that harms or threatens the safety of the Rider, HopSkipDrive community, or third-parties. More information regarding restricted activity can be found in the Zero Tolerance Policy here and the Community Guidelines here.
n. You acknowledge and agree to abide by any applicable impairment testing policies, which can be found here. By agreeing to the Terms, you further acknowledge that you have received, reviewed, and agree to HopSkipDrive’s impairment testing policies, and voluntarily consent to the testing described therein.
o. You must have a current and working cell phone number on your account at all times, through which you can be reached while providing Services.
p. You must install and use a booster seat as required by law. From time to time, you may receive requests from Ride Organizers to install booster seats when not required by law. If you are not able to install a booster seat under either scenario, you are not eligible to claim that Ride.. For any rides requiring the use of a car seat, the Ride Organizer shall bring and install the car seat.
q. During a ride, you must not interfere with the operation of the Application, including disabling the collection of location-based information from your mobile device.
r. You are responsible for maintaining any business licenses or certifications required by law, ordinance, or regulation.
s. It is expected that reasonable accommodations will be made for you, and you will make reasonable accommodation for Riders and/or for service animals, as required by law and our Service Animal Policy.
t. By using the Platform to provide Services, you consent to and hereby authorize HopSkipDrive (directly or through a service provider) to collect, use, store, and share certain driving and other location-based data while the Application is open or being used as set forth in the Terms.
u. You will pay all applicable federal, state and local taxes, surcharges, and fees based on your provision of Services and any payments received by you.
19. Pricing and Payment Terms. HopSkipDrive does not pay CareDrivers for Services that CareDrivers provide while using the HopSkipDrive Platform. As a Ride Organizer, you understand that CareDrivers provide Services directly to you and that your request or use of CareDriver Services may result in charges to you, including, but not limited to all applicable fees, tolls, surcharges, and taxes as set forth in the Pricing and Payment Terms and your market’s pricing page found here (collectively “Charges”). You expressly authorize HopSkipDrive to charge the credit card or debit card associated with your account (“Payment Method”) for all applicable Charges. In addition to these Charges, you may elect to pay your CareDriver a tip. HopSkipDrive has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s pricing page or quoting you a price for a specific ride at the time you make a request. You are responsible for reviewing the applicable pricing terms prior to confirming the booking request, and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges.
If you are a CareDriver, you will receive payments from Ride Organizers for your Services subject to the Pricing and Payment Terms. HopSkipDrive will collect payments owed to you by Ride Organizers and other third parties as your limited collection agent and you agree that receipt of such payments by HopSkipDrive satisfies the payer’s obligation to you. HopSkipDrive reserves the right to adjust or withhold all or a portion of any Charges, including Ride Fees, or other payment owed to you (except tips) to satisfy any fees or other charges associated with your use of the HopSkipDrive Platform.
20. Promotions. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes through the Platform. We may establish and modify, in our sole discretion, the terms of any such offer and suspend or end any 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 Platform. Promotional codes are generally limited to one use per customer/User. In the event there is a conflict between the terms and conditions of a promotion and these Terms, these Terms shall prevail.