Last updated: May 31, 2018
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.
PLEASE BE AWARE THAT SECTION 16 OF THIS AGREEMENT (AND SECTION 12 OF THE DRIVER TERMS IF YOU ARE A DRIVER), BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SITE, APPLICATION OR SERVICES OR YOUR RELATIONSHIP WITH HOPSKIPDRIVE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT WOULD OTHERWISE PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
PLEASE NOTE THAT THESE TERMS, INCLUDING THE HOPSKIPRULES AND OUR PRICING AND PAYMENT 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. If we make any material changes, and you have registered with us to create an account we will also send an email to you at the last email address you provided to us. Any changes to the Terms will be effective immediately for new Users (as defined below) and upon the earlier of thirty (30) days after posting notice of such changes or thirty (30) days after dispatch of an email notice of such changes for existing Users. We may require you to provide consent to the updated Terms in a specified manner before further use of the Application and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Application and the Services. Otherwise, your continued use of the Application, Site, Services and the information and content available in any of the foregoing (collectively the “HopSkipDrive Properties”) constitutes your acceptance of such change(s).
a. Generally. HopSkipDrive provides a platform to connect (a) individuals or entities, such as parents or Enterprise Customers, who want to arrange transportation services (“Arrangers”) for (i) family members, (ii) members of other account-holders’ family, (iii) students, (iv) clients, and/or (v) other riders for whom you are legally authorized to arrange Rides (defined below) (collectively, “Riders”) with (b) drivers authorized to provide transportation services using their own vehicles (“Drivers”). A “Ride” is defined as a one-way transportation trip. Arrangers, Drivers, and other users of the HopSkipDrive Properties are defined as “Users”.
b. Riders and Participants. As an Arranger, you have the ability under your account to add Riders for whom you will be arranging Rides and to provide certain information about such Riders. As an Arranger, for each Rider 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 can be included in the accounts of multiple Arrangers (e.g., parent and school). Arrangers can also invite other Arrangers to participate in a Ride they arrange (“Participants”). Participants will need to create an account in order to access or use the Services. Arrangers can set and edit the permissions for each such Participant (for example to view a Ride’s progress, schedule Rides, or make changes to a Ride). Arrangers will have the ability to approve or reject any scheduled Rides or Ride changes.
c. Other Features. The Services also allow Arrangers and Drivers to communicate with and contract with each other, and may allow for Arrangers to provide feedback about Drivers and Rides. Arrangers are encouraged to rate and provide comments on the Rides to help HopSkipDrive improve the Services.
d. Carpool. The Services include an ability for multiple Arrangers to arrange a shared Ride for their Rider(s) (a “Carpool”). One Arranger can initiate the Carpool and invite Participants to join the Ride. Each Arranger or Participant, as applicable, pays for their share of the fare upon completion of the Ride. For Carpools, the Riders must have at least one of either the pickup or drop-off in common. Carpool Arrangers can book a single Carpool or multiple, repeating Carpools and invited Participants can accept one or more of such multiple Carpools. For more information on Carpools, see here: https://www.hopskipdrive.com/carpool.
e. ShuttlePass. The Services include an offering called “ShuttlePass” that allows Arrangers to pre-purchase a set of Rides that will always have the same pickup and the same drop-off (for example, from a school to a neighborhood drop-off point for the entire school year). ShuttlePass is limited to set pickup and set drop-off Rides. Each ShuttlePass will include a series of Rides on a set schedule and route. When an Arranger purchases a ShuttlePass, the applicable Rider(s) of such Arranger will have access to Rides in accordance with the pass’s schedule. Arrangers pay upfront to purchase Rides for a specific period of time.
f. Additional Services. We may from time to time offer additional offerings as part of the Services.
g. Not for Use by Children. CHILDREN MAY NOT USE OUR APPLICATION, SITE OR SERVICES.
h. Supplemental Terms. 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.
2. Requirements for Use of Our Site and Services. In order to use the HopSkipDrive Properties as a User:
a. You represent and warrant that you are at least eighteen (18) years of age.
b. You must register for an account on our Site to schedule a Ride as a Driver or Arranger or to access or use the Services as a Participant. 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 under 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 if you are a Driver. 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 Users, 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.
h. You acknowledge and agree that we may record calls placed or received via the Application (such as between Drivers and Arrangers) and such calls may be recorded and stored by us. BY PLACING OR ANSWERING A CALL THROUGH THE APPLICATION (WHETHER AS A DRIVER OR ARRANGER), 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 APP.
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 App Store or the Google Play Store (“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:
i. You acknowledge and agree that (1) these Terms are concluded between you and HopSkipDrive only, and not Apple, and (2) 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.
ii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
iii. 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.
iv. 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: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
v. 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.
vi. 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.
vii. 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. The following applies to any Application accessed through or downloaded from the Google Play Store ("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.
g. Certain features of the Services require access to and use of your device's map features or functionality, such as Google Maps, or other third party services. Any use of those features will be subject to the terms and conditions applicable to such third party services. By using the Services, and depending on your device’s operating system, you may also have to 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.
b. You may not participate as a Driver, Arranger or Participant or use the Applications or Services after your Account has been deactivated unless and until re-authorized by HopSkipDrive.
5. Communication from HopSkipDrive. By providing your cellphone number and using the Services, you hereby affirmatively consent calls and text message/SMS communication from HopSkipDrive and other Users, including Drivers and Arrangers, in order to perform and improve the Services. 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 opt-out from these messages by emailing email@example.com, but will no longer be able to use the Services if you do so, as such communications are necessary for providing the Services. Notwithstanding any opt-out, we may contact you with any method available (call, text, or email) in the case of an emergency. 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) 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 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.
(b) The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit HopSkipDrive Properties or any portion of HopSkipDrive Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other HopSkipDrive Properties; (c) you shall not use any metatags or other “hidden text” using HopSkipDrive’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Company HopSkipDrive except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) 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 Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site 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); (f) you shall not access HopSkipDrive Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of HopSkipDrive Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in HopSkipDrive Properties. Any future release, update or other addition to HopSkipDrive Properties shall be subject to the Terms. HopSkipDrive, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of HopSkipDrive Properties terminates the licenses granted by HopSkipDrive pursuant to the Terms.
7. Prohibited Uses. As a condition of use, you agree not to use HopSkipDrive Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Submissions on or through HopSkipDrive Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without HopSkipDrive’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of HopSkipDrive; (vi) interferes with or attempt to interfere with the proper functioning of HopSkipDrive Properties or uses HopSkipDrive Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against HopSkipDrive Properties, including but not limited to violating or attempting to violate any security features of HopSkipDrive Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in HopSkipDrive Properties, introducing viruses, worms, or similar harmful code into HopSkipDrive Properties, or interfering or attempting to interfere with use of HopSkipDrive Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” HopSkipDrive Properties.
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, privacy, or confidentiality with respect to any User Submission. User Submissions may be available to other Users (such as Drivers and Arrangers). 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 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 You represent and warrant that you have the right necessary to submit such suggestions or feedback. Further, Drivers agree that any participant in the Services may provide feedback about any Driver.
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(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 Properties 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 Site 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 Site 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 PROPERTIES IS AT YOUR SOLE RISK, AND THE HOPSKIPDRIVE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. 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), INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY BOOSTER SEATS THAT MAY BE PROVIDED BY HOPSKIPDRIVE OR DRIVERS OR THE INSTALLATION OF SUCH BOOSTER SEATS BY DRIVERS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE HOPSKIPDRIVE PROPERTIES OR FOR THE CONDUCT OR PERFORMANCE OF THE DRIVERS, ARRANGERS, RIDERS, PARTICIPANTS, ENTERPRISE CUSTOMERS OR OTHER USERS.
DRIVERS AND ENTERPRISE CUSTOMERS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THIS AGREEMENT. NEITHER DRIVERS NOR ENTERPRISE CUSTOMERS ARE AGENTS, EMPLOYEES, JOINT VENTURERS, AFFILIATES, FRANCHISEES OR PARTNERS OF HOPSKIPDRIVE. WE DO NOT CONTROL, OR HAVE THE RIGHT TO CONTROL, DRIVERS AND ENTERPRISE CUSTOMERS , 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 EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY USERS (INCLUDING, BUT NOT LIMITED TO, DRIVERS AND ENTERPRISE CUSTOMERS) 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 OR ACCEPT A RIDE USING THE 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 TERMS OR THE HOPSKIPDRIVE PROPERTIES. 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 AND (II) ONE THOUSAND DOLLARS (U.S. $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 COMPANY AND YOU.
13. Investigations; Release.
a. HopSkipDrive may, but is not obligated to, monitor or review the HopSkipDrive Properties at any time. Without limiting the foregoing, HopSkipDrive shall have the right, in its sole discretion, to remove any of your User Submissions for any reason (or no reason), including if such content violates the Terms or any applicable law. Although HopSkipDrive does not generally monitor user activity occurring in connection with the HopSkipDrive Properties, if HopSkipDrive becomes aware of any possible violations by you of any provision of the Terms, HopSkipDrive reserves the right to investigate such violations, and HopSkipDrive may, at its sole discretion, immediately terminate your license to use the HopSkipDrive Properties, or change, alter or remove your User Submissions, in whole or in part, without prior notice to you.
b. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that HopSkipDrive reserves the right, but has no obligation, to intercede in such disputes. You agree that HopSkipDrive will not be responsible for any liability incurred as the result of such interactions. The HopSkipDrive Properties may contain User Submissions provided by other Users. HopSkipDrive is not responsible for and does not control User Submissions. HopSkipDrive has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Submissions. You use all User Submissions and interactions with other Users at your own risk.
c. 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 Company Properties, or (ii) any Rides 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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Covered 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 Parties.
14. Indemnity. You agree to indemnify and hold harmless the Covered Parties against any and losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your (or in the case of Arrangers, your Riders) 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, at its own cost, to assume the exclusive defense and control 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 Properties. You agree that the provisions in this section will survive termination of your Account, the Terms or your access to the HopSkipDrive Properties.
15. Term and Termination.
a. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use HopSkipDrive Properties, unless terminated earlier in accordance with the Terms.
b. 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.
c. 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.
d. HopSkipDrive has the right to, immediately and without notice, suspend or terminate your account and your use of the HopSkipDrive Properties for any reason, including if you (or if you are an Arranger, any of your Riders) violate the Terms or the HopSkipRules.
e. Termination of any Services includes removal of access to such Services. Termination of all Services also includes deletion of your account and all related information and User Submissions associated with your account. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your User Submissions associated therewith from our live databases. HopSkipDrive will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Submissions. 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.
16. DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with HopSkipDrive and limits the manner in which you can seek relief from us. The following Dispute Resolution section (the “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. You agree that any dispute or claim relating in any way to this Agreement or your access to or use of the HopSkipDrive Properties your relationship with HopSkipDrive will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or HopSkipDrive may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of the Terms or any prior version of the Terms.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. In addition, HopSkipDrive will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, HopSkipDrive will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall
c. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and HopSkipDrive. The arbitration proceeding 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 arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). 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 us.
d. Waiver of Jury Trial. YOU AND HOPSKIPDRIVE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and HopSkipDrive are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsection a above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 1933 S. Broadway, Suite 1144, Los Angeles, CA 90007, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your HopSkipDrive username (if any), the email address you used to set up your HopSkipDrive account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
g. Severability. Except as provided in subsection e., 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 Arbitration Agreement shall continue in full force and effect.
h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with HopSkipDrive.
i. Small Claims Court. Notwithstanding any provision in the Terms to the contrary, we agree that if HopSkipDrive makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing HopSkipDrive at the following address: 1933 S. Broadway, Suite 1144, Los Angeles, CA 90007.
17. Other Provisions.
a. 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 Enterprise Customer.
b. 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.
c. The communications between you and HopSkipDrive use electronic means, whether you visit the HopSkipDrive Properties or send HopSkipDrive emails, or whether HopSkipDrive posts notices on the HopSkipDrive Properties or communicates with you via email. For contractual purposes, you (1) consent to receive communications from HopSkipDrive in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that HopSkipDrive provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
d. Where HopSkipDrive requires that you provide an email address, you are responsible for providing HopSkipDrive with your most current email address. In the event that the last email address you provided to HopSkipDrive is not valid, or for any reason is not capable of delivering to you any notices required and/or permitted by the Terms, HopSkipDrive’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to HopSkipDrive at firstname.lastname@example.org.
e. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SITE, APPLICATION OR SERVICES OR YOUR RELATIONSHIP WITH HOPSKIPDRIVE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT WOULD OTHERWISE PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
f. To the extent the parties are permitted under the Terms to initiate litigation in a court, both you and HopSkipDrive agree that any claims or disputes relating in any way to these Terms or your access to or use of the Site, Application or Services or your relationship with HopSkipDrive will be litigated exclusively in the State or Federal Courts located in the State of California.
g. 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.
h. 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.
i. 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.
j. If you have any questions, complaints or claims with respect to HopSkipDrive Properties, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
k. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
l. 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.
m. 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.
n. If HopSkipDrive becomes aware of any possible violations by you of the Terms or the HopSkipRules, HopSkipDrive reserves the right to investigate such violations. If, as a result of the investigation, HopSkipDrive believes that criminal activity has occurred, HopSkipDrive reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. HopSkipDrive is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the HopSkipDrive Properties, including your User Submissions, in Company’s possession in connection with your use of the HopSkipDrive Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that your User Submissions violate the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of HopSkipDrive, its Users or the public, and all enforcement or other government officials, as HopSkipDrive in its sole discretion believes to be necessary or appropriate. In the event that HopSkipDrive determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the HopSkipDrive Properties, HopSkipDrive reserves the right to (in addition to HopSkipDrive’s other rights hereunder) notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or pursue any other action which HopSkipDrive deems to be appropriate.
o. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Driver Supplemental Terms. These Driver Supplemental Terms (the “Driver Terms”) are intended to supplement the Terms 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. Notwithstanding anything to the contrary herein, Driver acknowledges and agrees that: (a) the Services provided to Drivers shall be provided solely by Kidlivery, LLC (“Kidlivery”), a wholly-owned subsidiary and licensee of HopSkipDrive, Inc., and by Kidlivery’s contracted service providers; (b) all obligations of HopSkipDrive to Driver under the Terms, including these Driver Terms, or the business relationship contemplated thereby are solely that of Kidlivery (and not HopSkipDrive, Inc.) and all references to HopSkipDrive in the these Driver Terms and the Terms (as such Terms relate to Drivers), will mean Kidlivery; and (c) Driver has no recourse for any breach of the Terms, including these Driver Terms, or for any claims arising out of the acts and omissions of HopSkipDrive against any entity other than Kidlivery; provided, that nothing set forth in this sentence shall be construed to limit the rights and remedies of HopSkipDrive.
By agreeing to the Terms, including these Driver Terms, Driver represents and warrants that he/she is in the independent business of providing transportation services, and understands and intends that to create the relationship between the parties under these Terms is solely that of principal and independent contractor and not that of employer and employee. Driver expressly agrees
that (1) the Terms, including these Driver Terms, are not an employment agreement and do not create an employment relationship between Driver and HopSkipDrive; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by these Terms. Driver has no authority to bind HopSkipDrive, and Driver undertakes not to hold itself out as Driver is not an employee, agent, joint venturer, franchisee, affiliate, or partner or authorized representative 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 Services to arrange Rides, Driver represents and agrees that they will comply with the following:
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 maintain a clean driving record in accordance with HopSkipDrive’s internal safety standards and must not have been convicted of a with (i) no more than one (1) point during the prior 3 years, (ii) no DUIs, drug-related moving violations, or extreme violations (e.g., hit-and-run or vehicle-related felony) 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 in the prior 3 years that have resulted in one (1) point on their driving record.
d. Driver 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 hereby consents to HopSkipDrive conducting a comprehensive background checks on an ongoing basis that may include fingerprinting, drug screening, verification of medical examinations, and/or a TB skin test, and will provide all necessary information to HopSkipDrive so that the checks can be timely and accurately completed. HopSkipDrive may deny Driver access to the Services based on the results of the checks to the extent permitted by applicable law. Driver may be required to bear the cost of such checks.
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. Driver may only use the vehicle(s) approved for use by HopSkipDrive (each an “Approved Vehicle”) for transporting Riders.
h. Driver 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 all such similar requirements of the applicable governmental entities of the jurisdictions(s) in which Driver performs Rides) 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 Driver 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 as they see fit.
j. Driver must transport a Rider directly to the predetermined drop-off location selected by the Arranger.
k. For security and identification purposes and to ensure the Rider is able to verify the Driver’s identity, Driver must wear the provided HopSkipDrive t-shirt or other HopSkipDrive branded apparel provided by HopSkipDrive for security purposes 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 must maintain a professional appearance consistent with industry standards while transporting Riders.
m. In order to comply with safety regulations imposed by the PUC (and all such similar regulations of the applicable governmental entities of the jurisdictions(s) in which Driver performs Rides) and HopSkipDrive’s internal safety standards:
i. Driver shall comply with HopSkipDrive’s zero-tolerance policy against illegal mobile device usage during Rides.
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 and such cell phone must be fully charged during any Ride. HopSkipDrive shall have the right to require the use of a phone mount in Driver’s vehicle.
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 Participant 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, except that a Driver may hold a Rider’s hand to stabilize a Rider who has mobility challenges or hold hands with a Rider for safety reasons. 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.
p. Failure to comply with the foregoing shall constitute a material breach of the Terms.
r. Driver must participate in any required training provided by HopSkipDrive and may participate in such other optional training as HopSkipDrive may offer from time to time.
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 Driver 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 Driver 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 Driver 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 the foregoing shall constitute a material breach of the Terms. In addition, Driver may be responsible for all costs and expenses relating to Driver failing to performing Rides in accordance with the Ride Description.
5. Driver is not required to purchase, lease or rent any products, equipment or services from HopSkipDrive, other than the apparel described in Section 1.k. of these Driver Terms,
as a condition of entering into these Driver Terms.
6. Driver acknowledges and agrees that he/she may not see all available Rides. For example, Arrangers may select a certain preferences or HopSkipDrive may institute certain requirements for Drivers to provide certain Rides. Driver agrees that HopSkipDrive does not guarantee any Ride opportunities and HopSkipDrive will not be liable for any failure to present available Rides to Driver.
7. We reserve the right to refuse any potential Driver or to suspend or terminate Driver’s eligibility to perform Rides at any time, for any reason or no reason, including, without limitation, for any breach of the Terms, including these Driver Terms.
9. 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 or perform any minimum number of Rides. From time to time, you may also receive notifications via text, email or Application notification 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 Driver 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 applicable 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 acknowledge and agree 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 and hold harmless HopSkipDrive from any and all claims arising out of or related to your 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.
10. Fees. Driver shall be entitled to a fee for each completed Ride provided as a result of Driver’s use of the Services, as is further described in the Pricing and Payment Terms. Driver also agrees that HopSkipDrive will retain the HopSkipDrive Services Fee (as further described in the Pricing and Payment Terms).
a. Drivers must possess and maintain insurance in all types of coverage and amounts required by applicable 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 and at any time upon request.
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. Driver shall be required to maintain appropriate industrial injury insurance to the extent required by law. If permitted by applicable 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.
12. 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 1933 S. Broadway, Suite 1144, Los Angeles, CA 90007. 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 any HopSkipDrive branded apparel and gear, including any HopSkipDrive t-shirts, booster seats, and trade dress, to HopSkipDrive within 24 hours.
13. Permission to Use Driver Photos. HopSkipDrive may, or may have a third party photographer contracted by HopSkipDrive, take photographs of Drivers, or may require that you provide a photo of yourself (collectively, “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 Driver 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.
14. 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.
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 will inform HopSkipDrive regarding any health concerns or any specific instructions regarding the pickup or drop-off of a Rider for communication to the Driver.
c. Arranger represents and warrants that Arranger will have and maintain (i) all necessary rights to schedule a Ride on behalf of your Rider and (ii) all necessary permissions to enable Driver to pick up Rider(s) from the applicable pickup location and drop-off Rider(s) at the applicable destination.
d. Where an Arranger is not the parent or guardian of the Rider for whom they are arranging a Ride, Arranger (i) represents and warrants that Arranger is legally authorized to arrange Rides on behalf of such Rider by the parents or legal guardians of such Riders (“Parents”), (ii) represents and warrants that Arranger has all consents and approvals from the Parents necessary for HopSkipDrive to provide the Services, (ii) will provide any documentation reasonably requested by HopSkipDrive regarding the authorizations, consents and approvals in subsections (i) and (ii).
e. We reserve the right to refuse any potential Arranger or to suspend or terminate any Arranger’s account 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 Arranger will be responsible for any noncompliance); 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 Services, 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 certain Drivers will be able to review those requests and claim those Rides. A RIDE REQUESTED IS NOT A GUARANTEE THAT A RIDE WILL BE CLAIMED OR PROVIDED BY A DRIVER. 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 who has claimed your Ride.
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 Rides 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 applicable 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 acknowledge and agree 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. 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 and hold harmless HopSkipDrive from any and all claims arising out of or related to your Ride Contract, including but not limited to claims arising out of the arrangement of Rides by Arranger.
- 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.