Terms of Service
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH RUBYRIDE, Inc, dba RubyRide OFFERS YOU ACCESS TO THE RUBYRIDE, INC. PLATFORM.
Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for RubyRideTM ("We," "Us," “RubyRideTM” or "Our”) application and services owned and operated by RubyRide LLC , an Arizona Limited Liability Company, whose principal office is located at 6101 Penn Avenue #201, Pittsburgh PA 15206, (“RubyRideTM Platform”). This Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and RubyRideTM).
RubyRideTM is willing to license, not sell, the RubyRideTM Platform to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the RubyRideTM Platform, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then RubyRideTM is unwilling to license the RubyRideTM Platform to You.
The RubyRideTM Platform provides a means to enable You to seek transportation to certain destinations by accessing our fleet of company-owned, hired or contracted vehicles (“Vehicles”) with ("Drivers") and have such Drivers transport You to destinations within the defined area in such Vehicles (the “Services”) . The “Defined Area” may change from time to time.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS RubyRideTM OR REGISTER FOR THE SERVICES PROVIDED on RubyRideTM. We may amend this Agreement at any time by posting the amended terms on the RubyRideTM Platform. If We post amended terms on the RubyRideTM Platform, You may not use the Services without accepting them, and if you do use the Services, you will be deemed to have accepted them. Except as stated below, all amended terms shall automatically be effective after they are posted on the RubyRideTM Platform. This Agreement may not be otherwise amended except in writing signed by You and RubyRideTM.
Upon 1) fee (if applicable), 2) agreeing to these Terms and Services, and 3) contacting us by telephone, text message, or RubyRideTM Platform that you wish to use RubyRideTM Services, RubyRideTM will endeavor to provide You with a Vehicle and Driver at the location You designate within the Defined Area within a time as set forth in RubyRideTM operating guidelines. Once you have occupied the Vehicle and complied with the Driver’s safety instructions, the Driver will take You to Your designated location, provided such designated location is within the Defined Area.
So long as You are otherwise in compliance with RubyRide Terms of Service, You may use RubyRide Services as many times as your level of service provides; provided however RubyRide Services are personal to You and are not transferrable under any circumstance.
Subscription Fee, Cancellation Fee and Damage Charge:
RubyRideTM will charge a Subscription Fee following any Offer. Such Subscription Fee will be based upon the level of service chosen by You. You will remain at that level of service for the entire subscription period unless other arrangements are made in writing. Should You desire to change the level of service You shall notify us prior to the start of the next subscription period and pay the appropriate Subscription Fee for the changed level of service.
RubyRideTM, at its sole discretion, may publish offers with different features to any of Our customers. These Offers, unless made to You, shall have no bearing whatsoever on Your contract. RubyRideTM may change its Subscription Fee as We deem necessary for Our business. In the event that You cancel a ride request on the RubyRideTM Platform after the driver has committed to the trip, You agree to pay a “Cancellation Fee” of $5. In the event that a Driver reports to RubyRideTM that You have in any manner materially damaged the Driver’s vehicle, You agree to pay a “Damage Charge” of $250, which shall constitute full payment for Driver’s cost of repairing or cleaning the vehicle, or otherwise remediating the damage.
Additional distance fee:
If You request to be taken outside our service area and we agree to such request, You shall pay a fee for such additional service.
RubyRideTM procures insurance that provides Drivers with automobile liability insurance up to $1,000,000 per occurrence. We do not procure insurance for, nor are we responsible for, personal belongings left in the car. These include tapes, records, discs or other similar audio, visual or data electronic devices, or any speed measuring equipment within the vehicle. It is Your responsibility to ensure that You remove any personal belongings from the car before and after each ride on the RubyRideTM Platform. THIS IS AN UNOFFICIAL SUMMARY OF RubyRideTM’S MASTER INSURANCE POLICY AND MAY NOT ALWAYS BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING AND ARE PROVIDED FOR QUICK REFERENCE ONLY.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) except as sponsored by a legal guardian. You represent and warrant that You are at least 18 years old. By using the RubyRideTM Platform and the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or RubyRideTM for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. RubyRideTM has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
Term, Breach, and Termination:
This Agreement is effective upon use of the RubyRideTM Platform or the Services by You and upon the posting dates of any subsequent amendments to this Agreement. You may terminate Your participation in the Services at the end of any Subscription Period for any reason upon receipt by Us of Your written or email notice of termination, provided any promotions or discounts received by You are reimbursed. Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if: You breach this Agreement or the documents it incorporates by reference; You fail to pay the Subscription Fee; We are unable to verify or authenticate any information You provide to Us; We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject RubyRideTM or You or any other User to regulation by any state or local government or regulatory agency; or if We suspect that You have engaged in fraudulent activity in connection with the RubyRideTM Platform or the Services. Nevertheless, we may terminate Your participation in the RubyRideTM Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written, text, or email notice to You. Even after Your participation in the RubyRideTM Platform and Services to You are terminated, this Agreement will remain in effect.
Your Information is any information You provide, publish or display ("post") to the RubyRideTM Platform or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. When You use the RubyRideTM Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
Social Media and Networking Sites:
As part of the functionality of the RubyRideTM Platform, You may be able to login through online accounts You may have with third party service providers (each such account, a “Third Party Account”) by either: providing Your Third Party Account login information through the RubyRideTM Platform; or allowing RubyRideTM to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account. You represent that You are entitled to disclose Your Third Party Account login information to RubyRideTM and/or grant RubyRideTM access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating RubyRideTM to pay any fees or making RubyRideTM subject to any usage limitations imposed by such third party service providers. By granting RubyRideTM access to any Third Party Accounts, You understand that RubyRideTM may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the “SNS Content”) so that it is available on and through the RubyRideTM Platform via Your account, including without limitation any friend, contacts or following/followed lists, and RubyRideTM may submit and receive additional information to Your Third Party Account as indicated herein. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information and Your Content for purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the RubyRideTM Platform. Please note that if a Third Party Account or associated service becomes unavailable or the RubyRideTM Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the RubyRideTM Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. RubyRideTM makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and RubyRideTM is not responsible for any SNS Content.
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. With respect to Your participation on the RubyRideTM Platform or through the Services, You agree that You will not: Impersonate any person or entity; "Stalk" or otherwise harass any person; Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained in the Service; interfere with or disrupt the Services or the RubyRideTM Platform or the servers or networks connected to the Services or the RubyRideTM Platform; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the RubyRideTM Platform in order to direct any person to any other web site for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so. You further agree that Your Information and Your interactions on the RubyRideTM Platform shall not: be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or link directly or indirectly to any other web sites. You further agree that You will not attempt to transfer, use, or sell Your RubyRideTM account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions. If You breach any of these restrictions, You may be subject to prosecution and/or damages.
RubyRideTM owns and retains ownership in the RubyRideTM Platform, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, RubyRideTM hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the RubyRideTM Platform on any mobile device You own or control. This license does not allow You to use the RubyRideTM Platform on any mobile device that You do not own or control, and You may not distribute or make the RubyRideTM Platform available over a network where it could be used by multiple devices at the same time. The terms of the license will govern any upgrades provided by RubyRideTM that replace and/or supplement the RubyRideTM Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Location data provided by the RubyRideTM Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither RubyRideTM, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services. Any of Your Information, including geolocational data, You upload, provide, or post on the RubyRideTM Platform may be accessible to certain Users of the RubyRideTM Platform. We cannot verify or guarantee the accuracy of the information Users provide Us on the RubyRideTM Platform, and We do not control the information provided by other Users that is made available through Our system.
RubyRideTM E-mail and Text Communications:
E-mail communications and text messages sent from Us or through Us are designed to make Your RubyRideTM experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Drivers and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. RubyRideTM reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
All intellectual property rights on the RubyRideTM Platform and in the Services shall be owned by Us 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 RubyRideTM Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the RubyRideTM Platform or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of RubyRideTM. RubyRideTM 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.
Copyright Complaints and Copyright Agent:
RubyRideTM respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to RubyRideTM's Copyright Agent at RubyRideTM, 6101 Penn Avenue, Pittsburgh PA 15206: 1.A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow RubyRideTM to locate the material, and explain why You think an infringement has taken place; 2.A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 3.Your address, telephone number, and e-mail address; 4.A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 5.A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner's behalf; and 6.An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including: Your breach of this Agreement or the documents it incorporates by reference; or Your violation of any law or the rights of a third party, including, without limitation, Drivers, other motorists, and pedestrians, as a result of Your own interaction with such third party, any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Online Content Disclaimer:
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services, or transmitted to Participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the RubyRideTM Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the RubyRideTM Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We are not responsible or liable in any manner for any Content posted on the RubyRideTM Platform or in connection with the Service, whether posted or caused by Users of the RubyRideTM Platform, by RubyRideTM, by third parties or by any of the equipment or programming associated with or utilized in the RubyRideTM Platform or the Services. We are not responsible for the use of any personal information that You disclose on the RubyRideTM Platform or through the Services. You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). 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 thereof, or any affiliation therewith, by RubyRideTM or the RubyRideTM Platform. The RubyRideTM Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. RubyRideTM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. RubyRideTM is not responsible for any traffic issues, technical malfunction, or other problems of the Service, or computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the RubyRideTM Platform, on any web site or any combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
Limitation of Liability:
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH RubyRideTM, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF RubyRideTM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF RubyRideTM OR THE SERVICES, OR INTRODUCED TO YOU VIA RubyRideTM OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
Resolution of Disputes and Legal Claims:
You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in Arizona. The arbitration shall be conducted by the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the RubyRideTM Platform and/or the Services (including Your use of the RubyRideTM Platform and/or the Services) be instituted more than three (3) years after the cause of action arose.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to RubyRideTM’s business, operations and properties (“Confidential Information”) disclosed to You by RubyRideTM for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of RubyRideTM in order to prevent it from falling into the public domain.
Except as explicitly stated otherwise, any notices to RubyRideTM shall be given by certified mail, postage prepaid and return receipt requested to RubyRideTM Inc., 6101 Penn Avenue Pittsburgh PA 15206, and any notices to You shall be provided to You through the RubyRideTM Platform or given to You via the email address You provide to RubyRideTM during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to RubyRideTM during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@RubyRide.com.
This Agreement shall be governed by the laws of the State of Pennsylvania without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by RubyRideTM, in Our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and RubyRideTM with respect to the subject matter hereof.