carGO Rider Terms of Service
These terms and conditions are (this “Agreement”) are between you (“you,” or “your”) and carGO – [Cape Girardeau], LLC (“carGO”), and applies to your use of the carGO application, website, and other technology (collectively, the “carGO Application”).
carGO DOES NOT PROVIDE TRANSPORTATION SERVICES, AND carGO IS NOT A TRANSPORTATION CARRIER.
The carGO Application is used by persons seeking ground transportation (“Riders”) to match that Rider with persons willing to provide the Rider ground transportation (“Drivers”). The exchange between Drivers and Riders for ground transportation (which may include the transport of persons or property) arranged through the carGO Application will be called “Transportation Services” in this Agreement.
By creating an account with carGO (your "Rider Account") and using the carGO Application, you acknowledge that you understand this Agreement and accept all of terms, conditions and obligations contained in this Agreement. If you do not agree with any of the terms and conditions of this Agreement, you may not use or access the carGO Application or the Transportation Services.
Eligibility. The carGO Application is available only to Riders who can enter into contracts under Missouri law. Without limiting the foregoing, the carGO Application is not available to persons under the age of 18 or Riders who have had their Rider Account temporarily or permanently deactivated. By establishing a Rider Account, you represent and warrant to carGO that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You are the sole authorized rider of your Rider Account. You are responsible for maintaining the confidentiality of any password provided by you or carGO for accessing the carGO Application. You are solely and fully responsible for all activities that occur under your Rider Account, and carGO expressly disclaims any liability arising from the unauthorized use of your Rider Account. Should you suspect that any unauthorized party may be using your Rider Account or you suspect any other breach of security, you agree to notify carGO immediately.
Duration. This Agreement is effective upon your creation of a Rider Account. You may discontinue your use of the carGO Application or participation in the Transportation Services at any time, for any reason. carGO may suspend or deactivate your Rider Account, or revoke your permission to access the carGO Application, at any time, for any reason, upon notice to you. carGO reserve the right to refuse access to the carGO Application to any Rider or Driver for any reason not prohibited by law. Either you or carGO may terminate this Agreement for any reason upon written notice to the other. Sections 2, 4, and 6 through 9 shall survive any termination or expiration of this Agreement.
Riders agree that any amounts charged for the Transportation Services (a “Fare”) are due and payable immediately upon completion of each Transportation Service. Fares include Ride Fees and other applicable fees, tolls, surcharges, and, plus any tips to the Driver that you elect to pay. carGO has the authority and reserves the right to determine and modify pricing. Fares may vary based on the type of service you request.
- Ride Fees. Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride.
- Cancellation Fee. In the event that you cancel a Transportation Service request on the carGO Application more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your Transportation Services in a timely manner, you agree to pay a “Cancellation Fee”. carGO may also assess a Cancellation Fee against you if carGO suspect that you have intentionally cancelled rides to disrupt the carGO Application or the provision of Transportation Services.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by carGO in its sole discretion), towards vehicle repair or cleaning. carGO reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Other Amounts. Other fees, tolls, and surcharges may apply to your Transportation Services. In addition, where required by law carGO will collect applicable taxes.
- Fares shall only be made through the carGO Application. Cash payments are strictly prohibited.
- No Refunds. Fares are assessed immediately following completion of the Transportation Services to your authorized payment method. All Fares are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the carGO Application, any disruption to the carGO Application or Transportation Services, or any other reason whatsoever.
- Payment Authorization. Upon addition of a new payment method or each Transportation Service request, carGO may seek authorization of your selected payment method to verify your payment method, ensure the Fare will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your provider's next processing cycle. Should the amount of our authorization exceed the available credit or total funds on deposit in your account, you may be subject to excess credit, overdraft or NSF charges by the bank processing the payment request or that issued your credit, debit or check card. carGO cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
4. Communications; Rider Information
- By establishing a Rider Account, you expressly consent and agree to accept and receive communications from carGO, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to carGO. By consenting to being contacted by carGO, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of carGO, its affiliated companies and/or Drivers. Standard text messaging charges applied by your cell phone carrier will apply to text messages carGO send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the carGO Application or the Transportation Services. You may opt-out of receiving promotional or marketing texts or calls from carGO at any time at email@example.com.
- Your Information is any information you provide, publish or post to or through the carGO Application or send to a Driver or other Riders (your “Information”). You consent to carGO using your Information to create a Rider Account that will allow you to use the carGO Application and participate in the Transportation Services. You are solely responsible for your Information and your interactions with other members of the public, and carGO is only acting conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that carGO and other members of the public may rely on your Information as accurate, current and complete. You warrant and represent to carGO that you are the sole author of your Information. To enable the carGO Application to use your Information, you grant to carGO a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use your Information.
5. Restricted Activities
With respect to your use of the carGO Application and your participation in the Transportation Services, you agree that you will:
- Not refuse to accept Transportation Services from a Driver based on the Driver's race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. Doing so can result in your permanent loss to access the carGO Application.
- Comply with all laws. As such, illegal substances and - unless explicitly allowed by law - open containers of alcohol are not permitted in any Drivers’ vehicle. You must also comply with the seat belt laws in your state. carGO recommends that you always wear a seatbelt while riding in any vehicle.
- Not: remove any copyright, trademark or other proprietary notices; reverse engineer the carGO Application; link to, mirror or frame the carGO Application; attempt to gain unauthorized access to or impair any aspect of carGO Application; or use any manual or automatic device or process to “data mine” or in any way reproduce or bypass the structure or look of the carGO Application.
- Cause, encourage or enable any third party to engage in the activities described above.
carGO reserves the right, to suspend or deactivate your Rider Account if you do not comply with these prohibitions.
6. Proprietary Rights and Trademark License
All intellectual property rights in the carGO Application shall be owned by carGO absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the carGO Application are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to carGO are non-confidential and shall become the sole property of carGO. carGO shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. carGO Disclaimers; Limitation of Liability
- Disclaimer of Warranties. carGO PROVIDES, AND YOU ACCEPTS, THE carGO APPLICATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. carGO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE carGO APPLICATION: WILL BE UNINTERRUPTED OR ERROR FREE; OR WILL RESULT IN ANY MATCHES FOR REQUESTED SERVICES. carGO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE DRIVERS WHO MAY AGREE TO PROVIDE SERVICES. BY USING THE carGO APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE carGO APPLICATION.
- No Guarantee. carGO DOES NOT GUARANTEE THE AVAILABILITY OF THE carGO APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE carGO APPLICATION MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON. FURTHER, THE carGO APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND carGO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, and LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
- Limits of Liability. carGO SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR EQUITY: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE OR PROFITS.
Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
8. Indemnity and Release
- You will defend, indemnify, and hold carGO including carGO's officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the carGO Application and participation in the Transportation Services.
- In the event that you have a dispute with one or more Driver or other Riders, you agree to release carGO from claims, demands and damages of every kind and nature, arising out of or in any way connected to your use of the carGO Application or participation in the Transportation Services. carGO reserve the right to monitor any such disputes. Also, you agree to waive any rights you may have under any applicable laws that provide for an invalidation of a general release.
9. Miscellaneous Terms
- Modification. carGO reserves the right to modify this Agreement at any time, such modifications shall be binding on you only upon your acceptance of the modified Agreement. You acknowledge and agree that, by using the carGO Application, that you are bound by any future amendments and additions to information. Continued use of the carGO Application after any such changes shall constitute your consent to such changes.
- Severability. If any provision of this Agreement is or becomes invalid or non-binding, carGO and you shall remain bound by all other provisions of this Agreement. In that event, carGO shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
- Assignment. You shall not assign or transfer this Agreement or any rights or obligations under this Agreement. carGO may assign or transfer this Agreement from time to time: (a) to an affiliate of carGO; or (b) to an acquirer of all or substantially all of carGO's business, equity or assets.
- Entire Agreement. This Agreement constitutes the entire understanding between you and carGO with respect to subject matter of this Agreement and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.
- No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
- Notices. Any notice delivered under this Agreement will be delivered by email to the email address associated with your Rider's Account or by posting on the portal available to you through the carGO Application.
Governing Law; Venue.
- This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Missouri (without giving effect to principles of conflicts of laws).
- Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement may be brought or otherwise commenced in any state or federal court located in [St. Louis], Missouri.
- You and carGO expressly and irrevocably consent and submit to the jurisdiction of each state and federal court located in in [St. Louis], Missouri (and each appellate court located in the State of Missouri), in connection with any such legal proceeding;
- You and carGO agree that each state and federal court located in St, Louis, Missouri, shall be deemed to be a convenient forum; and
- You and carGO agree not to assert (by way of motion, as a defense or otherwise), in any such legal proceeding commenced in any state or federal court located in St, Louis, Missouri, any claim that you are not subject personally to the jurisdiction of such court, that such legal proceeding has been brought in an inconvenient forum, that the venue of such proceeding is improper or that this Agreement or the subject matter of this Agreement may not be enforced in or by such court.
- Nothing contained in this Section 9(g) shall be deemed to limit or otherwise affect the right of carGO to commence any legal proceeding or otherwise proceed against you in any other forum or jurisdiction.