Terms of service

RIDESHINE TERMS OF SERVICE

Last Updated: August 26, 2023

These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at https://www.rideshine.co (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by Rideshine, Inc. (“Rideshine”, “we”, “our” or “us”), (ii) mobile applications that may be downloaded to your smartphone or tablet (each an “App”), and (iii) your purchase from us through the Site or App of car wash services (including the Site and the App, together the “Services”). The car wash services may include interior and exterior washing and specialty detailing services.

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 17, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND RIDESHINE WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Services.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

1           Eligibility and Use Restrictions

(a)  Age. Users under 18 years of age (or the age of legal majority where you live) may not use our Services. If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at info@rideshine.co.

(b)  Jurisdiction. You may only use our Services in jurisdictions authorized by Rideshine. Use of our Services is currently authorized only in the United States.

(c)   Use and Sharing. You may only use our Services for personal purposes and expressly excluding any commercial use. You may not share our Services.

2           Your Information

You may provide certain information to Rideshine in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from Rideshine via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Rideshine in connection with the Services is accurate.

3           Accounts

You must create an account with Rideshine in order to use our Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you on any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

4           Your Obligations

(a)  Generally. If you choose to make a reservation for car wash services, then you must: (1) verify the location of your vehicle before submitting a car wash services reservation and confirm that our Services are available for that location; (2) leave your vehicle in a location where a Rideshine representative is authorized to enter and perform the car wash; and (3) ensure that there is at least a walkable perimeter around all sides of your car to allow Rideshine representatives to perform the car wash services.

(b)  Interior Cleanings. Rideshine never takes possession of your vehicle keys. Rideshine schedules all Interior Cleanings between 8:00 p.m. – 10:00 p.m. local time on the day of your service. You will be required to leave your vehicle unlocked or unlock your vehicle, so the Rideshine detailer assigned to your vehicle has access for the interior cleaning. When the Rideshine detailer has completed the interior cleaning, they will lock the doors using the interior lock buttons and will test the doors to confirm they have been successfully locked. In the event the vehicle needs to be locked using the keys, the Detailer will text you to inform you the car needs to be locked.  You must not leave any valuables in the car. All personal items you do not want to be thrown away must be removed from cupholders and open compartments and placed into closed compartments. Rideshine’s detailers will not open closed compartments. Any items not placed in closed compartments may be discarded. Rideshine is not liable for any lost, stolen, or damaged property. Pet hair, sand, and stain removal require extra time, equipment, and effort, and are therefore subject to extra charges. Rideshine and Rideshine’s detailers reserve the right to cancel a standard cleaning service upon arrival if their discretion deems the condition of the vehicle to require a specialty service.

(c)   Unassigned Parking Spots. If you do not have a permanently assigned parking spot number, you must update Rideshine with the parking spot number you have chosen for the night of Service. If Rideshine is not informed of the temporary parking spot number ahead of the Service, Rideshine cannot guarantee the Service will be fulfilled as scheduled.

(d)  Updating Vehicle Information. It is your responsibility to update Rideshine with information about the vehicle make, vehicle model, vehicle color, license plate number, parking spot number, building address, or other information relevant to the fulfillment of the Service.

(e)  Late Arrivals. Standard services take place every week between 8:00 p.m. – 1:00 a.m. local time on the night of the week your building has chosen. If your vehicle will not be parked in its parking spot by 8:00 p.m., or at any time during the 8:00 p.m. – 1:00 a.m. local time Service window, you must inform Rideshine before 6:00 p.m. local time so that Rideshine can accommodate your timing request. If your vehicle is not parked in its parking spot when the Rideshine detailer arrives to perform the Service, the Rideshine Detailer will not wait for your vehicle to return to its parking spot, and you will be charged for a missed wash.

5           Prohibited Conduct

(a)  You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:

▪   Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;

▪   Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

▪   Use or attempt to use another user’s account or information without authorization from that user and Rideshine;

▪   Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

▪   Sell or resell our Services;

▪   Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

▪   Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

▪   Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;

▪   Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

▪   Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Rideshine grants to the operators of public search engines 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 such materials, but not caches or archives of such materials. Rideshine reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;

▪   Develop or use any applications or software that interact with our Services without our prior written consent;

▪   Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid
schemes;

▪   Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Rideshine; or

▪   Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

Enforcement of this Section 5 is solely at Rideshine’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

6           Terms of Sale

By purchasing our car wash services through the Site or App, you agree to the terms set forth in this Section 6 (the “Terms of Sale”).

(a)  Eligibility. To complete your purchase, you must have a valid billing and shipping address within a country that can be selected as part of the checkout process on the Site or App (the “Territory”).


(b)  Restrictions. We may place a limit on the quantities of car wash services that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.


(c)   Price. Prices shown on the Site and in the App exclude all taxes or additional charges. Any taxes and additional charges may be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review any such taxes and additional charges before you confirm your purchase. All prices on the Site and in the App are subject to change at any time without notice and such changes will be reflected on our Site.


(d)  Payment. If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. Rideshine is a cashless service and may only process payment through a valid debit or credit card. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms, such charges may occur in advance of the receipt of the services. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and additional charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Rideshine reserves the right to charge additional fees or refuse servicing of a vehicle if the vehicle’s size is not accurately reflected in the order you place or any commercially-sized vehicles.


(e)  Subscriptions. Your purchase may require enrollment in a payment plan involving automatic renewal (a “Recurring Subscription”). If you purchase a Recurring Subscription, you authorize Rideshine to maintain your account information and charge that account automatically upon the renewal with no further action required by you. The frequency of your Recurring Subscription will be provided when you make your purchase. Recurring Subscriptions are assigned to individual and unique vehicles. Rideshine does not allow for one-time vehicle switchouts for Recurring Subscriptions. Your Recurring Subscription will automatically renew unless you cancel it. In the event that Rideshine is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Rideshine may in its sole discretion (i) bill you for your services and suspend your access to the services until payment is received or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. You may cancel your subscription through your account or by emailing us at info@rideshine.co. Rideshine may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services upon thirty (30) days’ notice; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Products or Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least ten (10) days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and Rideshine will charge your on-file payment card or method on the first day of the renewal of the subscription term.


(f)   Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order, including address for the services, payment method, and other details of your order. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.


(g)  Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel our services. For example, if there are errors on the Site or App or made in connection with your order or inaccuracies in pricing information or services availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Due to traffic or exceptional circumstances, Rideshine detailers may arrive late. You may cancel or reschedule any specialty service free of charge if a Rideshine detailer is later than thirty (30) minutes without prior notice. Rideshine endeavors to inform you about any delay in our Service.


(h)  Refunds. Refunds will be subject to Rideshine’s applicable Refund Policy below. Refunds will be made to the same method of payment and account used to place the order.


(i)   Reservation of Rights. Rideshine reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any service; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for service; and to refuse to provide any user with any service.


7           Refund Policy

(a)  Generally. You may cancel or reschedule our standard services prior to the scheduled window of service time. You agree to incur the full price of the standard services if you cancel or postpone a wash after 6:00 p.m. local time on the same day as your scheduled standard service, or if your car is not in its usual parking spot when our detailer arrives to service your vehicle during the service window. Specialty services are scheduled at a pre-agreed date and time after you have placed the applicable order. You can postpone or cancel your specialty service free of charge up to 24 hours before the pre-agreed service date and time. For postponements or cancellations within 24 hours of the pre-agreed service date and time, the following late fees will apply: (i) a $10.00 late fee will be  charged for same-day postponements or cancellations between 24 hours and 2 hours prior to the pre-agreed Service date and time; (ii) a fee of 50% of the cost of the applicable Service will be charged for same-day postponements or cancellations within 2 hours prior to the pre-agreed Service date and time; or (iii) a fee of 100% of the cost of the applicable Service will be charged if your vehicle is not present or accessible up to 30 minutes past the pre-agreed Service date and time. Verification of information may be required prior to the acknowledgment of any refund or rescheduling. Following receipt of your refund or rescheduling request submitted with all required information, Rideshine will provide notice to you of Rideshine’s decision as to whether to proceed with your refund or rescheduling request.


(b)  Refunds. If Rideshine accepts your refund request, Rideshine will issue a refund to the original payment method used to purchase the services for the full amount of the original purchase price (including any associated sales tax). If the services were purchased with a gift card, Rideshine will issue a gift card for the refund amount.


(c)   This Section 7 (our “Refund Policy”) is in addition to any statutory rights you may have under law. We will accept refund requests in accordance with this Refund Policy.

8           Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

9           Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Rideshine or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site and App for your own personal, noncommercial use and solely with respect to any applications included in the Services, install, and use such application on a mobile or personal device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the applicable application and remove (that is, uninstall and delete) the applicable application from your mobile or personal device.

10        Trademarks

Rideshine and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Rideshine and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

11        Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Rideshine or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in Rideshine’s sole discretion. Rideshine will exclusively own all improvements to, or new, Rideshine products, services, or Services based on any Feedback. You understand that Rideshine may treat Feedback as nonconfidential.

12        Third-Party Content

(a)  Our Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services are dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.


(b)  We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.


(c)   We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.


13        Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Rideshine and our officers, directors, agents, partners, and employees (individually and collectively, the “Rideshine Parties”) from and against any actions, losses, liabilities, claims, demands, damages, expenses or costs (“Actions”) arising out of or related to (a) your access to or use of the Services and any alleged or actual loss or damage to property (including your vehicle), resulting from the performance of the Services hereunder; (b) your Feedback; (c) your breach of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Rideshine Parties of any third-party Actions, cooperate with Rideshine Parties in defending such Actions, and pay all fees, costs, and expenses associated with defending such Actions (including attorneys’ fees). The Rideshine Parties will have control of the defense or settlement, at Rideshine’ s sole option, of any third-party Actions. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Rideshine or the other Rideshine Parties.

14        Disclaimers

Your use of our Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Rideshine uses reasonable efforts to ensure that the car wash services will be provided in a timely, professional, and satisfactory manner. You understand and agree, however, that Rideshine does not guarantee that your car wash services will be performed to your satisfaction, that they will meet your needs, or that they will meet any applicable industry or professional standards. Rideshine’s Services use waterless car wash products. Such products are designed for vehicles that are washed on a regular basis. Vehicles that have not been washed in an extended period of time, or have accumulated dirt, dust, and other contaminants may first need to be pressure washed with water, which is not included in our standard service. Splatters, spots, stains, hardened or stuck-on contaminants, and similar debris require pressure washing and specialty products to remove, and may not be removed during our standard service. You are responsible to determine whether a standard service will be sufficient to meet your desired expectations, or whether your vehicle will require a specialty service. Rideshine reserves the right to cancel a standard service upon arrival if their discretion deems the condition of the vehicle to require a specialty service.

You understand that it is your responsibility to remove all valuables from your vehicle before our representative arrives to wash your car. You also understand that you should exercise reasonable judgment in locking your car doors before leaving your vehicle unattended in a public location. Failure to adhere to your obligations hereunder may result in our inability to provide you with a car wash. Except as otherwise provided in writing by us and to the fullest extent permitted under applicable law, our, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. Rideshine disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Rideshine does not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While Rideshine attempts to make your use of our Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials), or our servers are free from viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Rideshine, Rideshine Parties, and Rideshine’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

Rideshine utilizes a network of highly skilled and trusted detailers, who are independent contractors and are vetted. In unique cases of liability or damage, Rideshine will aid in gathering information and mediating the process to best resolve any liability issues that occurred during servicing. Rideshine is not liable for any lost, stolen, or damaged property.

15        Limitation of Liability

(a)  To the fullest extent permitted by applicable law, Rideshine and the other Rideshine Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Rideshine or the other Rideshine Parties have been advised of the possibility of such damages.

(b)  The total liability of Rideshine and the other Rideshine Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the lesser of $200 or the amount paid by you to use our Services giving rise to the claim.

(c)   The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Rideshine or the other Rideshine Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16        Release

To the fullest extent permitted by applicable law, you release Rideshine and the other Rideshine Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

17        Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND RIDESHINE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND RIDESHINE FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND RIDESHINE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. RIDESHINE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

(a)  Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against Rideshine, that Rideshine has against you, or that you have or Rideshine has arising from or relating to these Terms, our Services, or any aspect of the relationship between you and Rideshine as relates to these Terms, our Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and Rideshine agree to attempt to first resolve the Claim informally via the following process:

    • If you assert a Claim against Rideshine, you will first contact Rideshine by sending a written notice of your Claim (“Claimant Notice”) to Rideshine by certified mail addressed to 311 N. Venice Blvd. Unit 1, Venice, CA 90291 or by email to info@rideshine.co. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
    • If Rideshine asserts a Claim against you, Rideshine will first contact you by sending a written notice of Rideshine’s Claim (“Rideshine Notice”), and each of a Claimant Notice and Rideshine Notice, (a “Notice”) to you via email to the primary email address associated with your account. The Rideshine Notice must (i) include the name of a Rideshine contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
    • If you and Rideshine cannot reach an agreement to resolve the Claim within thirty (30) days after you or Rideshine receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Rideshine first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
(b)  Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court, all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 17(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(c)   Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

(d)  Arbitration Procedure (Consumers and Businesses). All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA. Such rules differ if you are a consumer, or a business as further described below:
    • If you are an individual using the Services for your personal use, you are a “Consumer”, and the then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Rideshine:
o   YOU AND RIDESHINE AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND RIDESHINE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Rideshine or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

o   For any arbitration you initiate, you will pay the consumer filing fee, and Rideshine will pay the remaining AAA fees and costs. For any arbitration initiated by Rideshine, Rideshine will pay all AAA fees and costs.

o   For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.

o   If you or Rideshine submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Rideshine agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Rideshine agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

o   The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

o   The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Rideshine or against you by the same or coordinated counsel or are otherwise coordinated.

▪   In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Rideshine understand and agree that when twenty-five (25) or more similar claims are asserted against Rideshine or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Rideshine’s Claim might be delayed.

▪   For such coordinated actions, you and Rideshine also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Rideshine shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. 

▪   A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. 

▪   This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. 

▪   The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Rideshine’s case is selected for a bellwether process, withdrawn, or otherwise resolved. 

▪   A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Rideshine or you.

(e)  One Year to Assert Claims. To the extent permitted by law, any Claim by you or Rideshine relating in any way to these Terms, our Services, or any aspect of the relationship between you and Rideshine as relates to these Terms or our Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Rideshine will not have the right to assert the Claim.

(f)   Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at info@rideshine.co or by certified mail addressed to Rideshine INC., 311 N Venice Blvd. Unit 1, Venice, CA 90291. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.

(g)  Rejection of Future Arbitration Changes. You may reject any change we make to Section 17 (except address changes) by personally signing and sending us notice within 30 days of the change via email at info@rideshine.co or by certified mail addressed to Rideshine INC., 311 N Venice Blvd. Unit 1, Venice, CA 90291. If you do, the most recent version of Section 17 before the change you rejected will apply.

(h)  Severability. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

(i)   Notwithstanding anything to the contrary in these Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding these Terms either by following the arbitration procedure detailed above in this Section 17 of these Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

18        Governing Law

Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 17, then the state and federal courts located in the County of Los Angeles, California, will have exclusive jurisdiction. You and Rideshine waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

19        Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by these Terms or the Supplemental Terms, unless otherwise expressly stated by Rideshine in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

20        Severability

If any portion of these Terms other than Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.

21        Miscellaneous

(a)   Rideshine’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

(b)  If you have a question or complaint regarding the Services, please send an email to info@rideshine.co. You may also contact us by writing to Rideshine INC., 311 N Venice Blvd. Unit 1, Venice, CA 90291. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

22        Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

(a)  Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Rideshine, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the Usage Rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.

(b)  Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.

(c)   Maintenance and Support. You and Rideshine acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(d)  Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Rideshine. However, Rideshine has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

(e)  Product Claims. You Rideshine acknowledge that as between Apple and Rideshine, Rideshine, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

(f)   Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Rideshine, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

(g)  Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.

(h)  Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

(i)   You acknowledge that these Terms are between you and us only, and not with Google.

(j) Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.

(k)  Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.

(l)   Google is a third-party beneficiary to these Terms as they relate to our Android App.