MOBILE22 DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH MOBILE22 AS A PROVIDER OF TRANSPORTATION SERVICES AND THAT IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE SCHEDULED THROUGH THE SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
PLEASE NOTE THAT SEPARATE TERMS AND CONDITIONS MAY APPLY TO THE TRANSPORTATION SERVICES YOU PURCHASE OR RESERVE.
2. USERS. You may simply browse the Services, or you may register with Mobile22 and create an account ("Account"). Visitors agree not to attempt to access Member areas of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You must have an Account to purchase and reserve Transportation Services. If we believe or suspect that any information you provide us is not true, accurate, current or complete, we may deny or terminate your access to the Services (or any portion thereof).
4. PRICING AND PAYMENT. Although we do not provide Transportation Services, we permit you to pay for any Transportation Services offered by Transportation Providers through the Services. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience, but no later than thirty (30) days from the date of your submission. You agree that when you use the Services to request or pay for a ride that any amounts charged following a ride are mandatory and due and payable immediately no later than the date and time your ride is completed. Charges may include applicable fees, fares, tolls, surcharges, and taxes plus any tips to the Transportation Provider you elect to pay. Mobile22 has the authority and reserves the right to determine and modify pricing by posting applicable charges for the Services. You are responsible for all charges incurred under your Account regardless of your awareness of such charges or the amounts thereof. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We may seek authorization of your credit card to validate your ability to pay the applicable charges at the time that you initiate a request for Services. The authorization is not a charge; however, the authorization may reduce your available credit by the authorization amount until your bank's next processing cycle.
7. MOBILE SERVICES.
a. By accessing and using the Services you acknowledge and agree that you may receive certain communications from the Services (such as SMS, text messages, e-mails, or other electronic communications collectively referred to herein as "Electronic Communications"). Please note that by accessing and using the Services, or by using certain Application or Site features, such as receiving or sending Electronic Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use ("Carrier") and you are solely responsible for the payment of such fees.
b. When you use the Services, we may also collect location information from the location tracking functionality on your device (global positioning system (GPS) data and geolocation) to assist us in completing your Booking including, without limitation, assisting Transportation Providers in completing pick-up and drop-off related to your Booking and monitoring and analyzing traffic and Transportation Provider routes. You may authorize us and the Services to take such actions and access such data through your mobile device settings. You can grant or revoke your consent at any time and prevent us from continuing to access your location information by changing the settings on your device. If you choose to share your location information with us (including location-related information provided by your Carrier or other applications), you acknowledge and agree that: (a) such information will be made available to Transportation Providers when you request Transportation Services; and (b) Mobile22 makes this information available upon your request and is not responsible for: (i) the correctness of your location information; or (ii) any use of your location information by authorized third parties including Transportation Providers.
c. If you request to receive updates or other information by mobile phone or text message, you consent to receiving text messages from us and our otherwise communicating with you via your mobile device. We do not charge for this service; however, your carrier's standard messaging, data and other rates and fees still may apply to any messages you send and receive, our confirmations, and all subsequent SMS correspondence and/or transmissions. You should check with your carrier to learn about your plan and how much such text messages may cost you. All charges are billed by and payable to your mobile service provider. At any time, you may text STOP to no longer receive such text messages or HELP to receive customer support information. 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.
e. Maps. Certain features of the Services require access to and use of your device's maps features or other third-party map applications. Although you may decide whether or not to use these features, any use of those features will be subject to the terms and conditions applicable to such map features and third-party applications. By using the Services, and depending on your device's operating system, you may also agree to the Google Maps end-user terms located at https://www.google.com/intl/en_ALL/help/terms_local.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; this Agreement does not apply to any activities conducted via Google Maps. Likewise, by using the Services, you may also agree to the Apple end-user terms located at https://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 it.
9. MOBILE APPLICATION.
b. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license (e.g., the Apple iPhone or Android app stores ("App Store")). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. 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 and agree that the following applies to any App Store Sourced Application:
10. RULES REGARDING INFORMATION AND OTHER CONTENT. When you access Mobile22 social media pages, you obtain access to various kinds of information and materials, all of which we call "Content". You are entirely responsible for each individual item of Content that you post, publish, submit or make available through Mobile22 social media pages ("Your Content"), and, as between you and us, you retain ownership and any intellectual property rights in Your Content. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to Your Content. You agree that any of Your Content or any derivative works thereof, except for any personally identifiable information you submit in regards to your Account or a Booking, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information on Mobile22 social media pages, we will not be liable for such disclosure. We do not grant you any rights in any Content available on the Site or the Application (other than Your Content), except you may use any such Content for your personal and non-commercial use.
With regard to all Mobile22 social media pages, you represent and warrant that you will not post or use any Content in any manner that:
11. GENERAL RULES OF USER CONDUCT. It is our goal to make your access to our Services a positive experience. You agree not to, and represent and warrant that you will not: (a) use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (b) access the Services for any purposes other than for which the Services are being provided to you; or (c) do any of the following:
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including data or mobile device plan fees, which you incur when accessing the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. Mobile22 does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications
12. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively "Feedback"), you agree we may use the Feedback to modify our Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback through the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
13. MODIFICATIONS TO THE SERVICES. We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease use of and access to the Services. Continued use of or access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. If you want to terminate any Services, you may do so by: (a) sending us an e-mail to email@example.com requesting your Account be deleted; and (b) deleting the Application from your mobile device. Upon receiving your request, we will delete your Account and any related Content within a reasonable amount of time thereafter. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
14. THIRD PARTY CONTENT. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites.
15. DISCLAIMER OF WARRANTIES. THIS SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MOBILE22 "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOBILE22 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
16. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.
WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SERVICES PROVIDED BY TRANSPORTATION PROVIDERS, OR FOR ANY ISSUE RELATED TO TRANSPORTATION SERVICES. THE TRANSPORTATION PROVIDERS ARE INDEPENDENT CONTRACTORS OF MOBILE22 AND NOT AGENTS NOR EMPLOYEES OF MOBILE22. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH TRANSPORTATION PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, INCLUDING THE ACTS OF TRANSPORTATION PROVIDERS, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOUR BOOKINGS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY; AND (II) TEN DOLLARS ($10.00).
Under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from forces or causes beyond our reasonable control including, without limitation, inclement weather and road conditions, independent acts of the Transportation Provider, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Mobile22 assumes no responsibility for lost or damaged baggage, personal belongings, or any items left in a vehicle. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
18. RELEASE. You hereby release Mobile22, its officers, employees, agents and successors 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 Services; or (ii) your purchase or use of any Transportation Services. You understand that Mobile22 does not currently conduct criminal background checks on its Transportation Providers. Mobile22 makes no representations or warranties as to the conduct or reliability of Transportation Providers.
21. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
a. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Mobile22 may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Wisconsin law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services or Transportation Services.
d. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dane County, Wisconsin. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dane County, Wisconsin, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dane County, Wisconsin for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
e. With the exception of Section 21(b) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, if (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Company shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Dane County, Wisconsin. By using the Services in any manner, you agree to the above arbitration provision.
f. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at ADR.org.