Privacy Policy
Last Updated: May 17, 2022
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and CrewCare Rideshare, its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, “CrewCare Rideshare,” “we,” “us” or “our”) governing your use of the CrewCare Rideshare application (the “CrewCare Rideshare App”), website, and technology platform (collectively, the “CrewCare Rideshare Platform”).
By entering into this Agreement, and/or by using or accessing the CrewCare Rideshare Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE CrewCare Rideshare PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE CrewCare Rideshare PLATFORM.
When using the CrewCare Rideshare Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and CrewCare Rideshare.
The CrewCare Rideshare Platform
The CrewCare Rideshare Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.” As a User, you authorize CrewCare Rideshare to match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pick up, your destination, User preferences, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made at such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
CrewCare Rideshare reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. CrewCare Rideshare reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the CrewCare Rideshare Platform or Rideshare Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The CrewCare Rideshare Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The CrewCare Rideshare Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the CrewCare Rideshare Platform, each User shall create a User account. Each person may only create one User account, and CrewCare Rideshare reserves the right to deactivate any additional or duplicate accounts. Your participation in certain CrewCare Rideshare programs and use of certain CrewCare Rideshare products or services may be subject to additional eligibility requirements as determined by CrewCare Rideshare.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a CrewCare Rideshare account for such minor to use the CrewCare Rideshare Platform.
By creating a CrewCare Rideshare account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of the CrewCare Rideshare Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
CrewCare Rideshare Communications
By entering into this Agreement or using the CrewCare Rideshare Platform, you agree to receive communications from us or communications related to the CrewCare Rideshare Platform at any of the phone numbers provided to CrewCare Rideshare by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from CrewCare Rideshare, its affiliated companies, and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the CrewCare Rideshare Platform or Rideshare Services, updates concerning new and existing features on the CrewCare Rideshare Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning CrewCare Rideshare and industry developments. If you change or deactivate the phone number you provided to CrewCare Rideshare, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE CrewCare Rideshare PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM CrewCare Rideshare (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN CALL THE CUSTOMER SUPPORT NUMBER, HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE CrewCare Rideshare PLATFORM OR RELATED SERVICES.
Your Information is any information you provide, publish or post to or through the CrewCare Rideshare Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any CrewCare Rideshare-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a user account that will allow you to use the CrewCare Rideshare Platform and participate in the Rideshare Services. Our collection and use of personal information in connection with the CrewCare Rideshare Platform and Rideshare Services is as provided in CrewCare Rideshare’s Privacy Policy located at www.CrewCareRewards.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for the online posting of your Information. You agree to provide and maintain accurate, current, and complete information and that we and other members of the public may rely on your Information as accurate, current, and complete. To enable CrewCare Rideshare to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. CrewCare Rideshare does not assert any ownership over your Information; rather, as between you and CrewCare Rideshare, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
With respect to your use of the CrewCare Rideshare Platform and your participation in the Rideshare Services, you agree that you will not:
Driver Representations, Warranties, and Agreements
By providing Rideshare Services as a Driver on the CrewCare Rideshare Platform, you represent, warrant, and agree that:
All intellectual property rights in the CrewCare Rideshare Platform shall be owned by CrewCare Rideshare absolutely and in their entirety. These rights include 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, and company or product names set forth in the CrewCare Rideshare Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of CrewCare Rideshare. CrewCare Rideshare 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.
CrewCare Rideshare and other CrewCare Rideshare logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks, or trade dress of CrewCare Rideshare in the United States and/or other countries (collectively, the “CrewCare Rideshare Marks”). If you provide Rideshare Services as a Driver, CrewCare Rideshare grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the CrewCare Rideshare Marks solely on the CrewCare Rideshare stickers/decals, CrewCare Rideshare Amp, and any other CrewCare Rideshare-branded items provided by CrewCare Rideshare directly to you in connection with providing the Rideshare Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without CrewCare Rideshare’s prior written permission, which it may withhold in its sole discretion. The CrewCare Rideshare logo (or any CrewCare Rideshare Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a CrewCare Rideshare Mark in a domain name or CrewCare Rideshare referral code, or use of a CrewCare Rideshare Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the CrewCare Rideshare Platform, but may not misidentify yourself as CrewCare Rideshare, an employee of CrewCare Rideshare, or a representative of CrewCare Rideshare.
You acknowledge that CrewCare Rideshare is the owner and licensor of the CrewCare Rideshare Marks, including all goodwill associated therewith, and that your use of the CrewCare Rideshare logo (or any CrewCare Rideshare Marks) will confer no interest in or ownership of the CrewCare Rideshare Marks in you but rather inures to the benefit of CrewCare Rideshare. You agree to use the CrewCare Rideshare logo strictly in accordance with CrewCare Rideshare’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that CrewCare Rideshare determines to be nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the CrewCare Rideshare Marks or any derivatives of the CrewCare Rideshare Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by CrewCare Rideshare in writing; (2) use the CrewCare Rideshare Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the CrewCare Rideshare Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair CrewCare Rideshare’s rights as owner of the CrewCare Rideshare Marks or the legality and/or enforceability of the CrewCare Rideshare Marks, including, challenging or opposing CrewCare Rideshare’s ownership in the CrewCare Rideshare Marks; (4) apply for trademark registration or renewal of trademark registration of any of the CrewCare Rideshare Marks, any derivative of the CrewCare Rideshare Marks, any combination of the CrewCare Rideshare Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the CrewCare Rideshare Marks; (5) use the CrewCare Rideshare Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the CrewCare Rideshare driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic CrewCare Rideshare driver amps or other CrewCare Rideshare Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from CrewCare Rideshare.
Violation of any provision of this License may result in immediate termination of the License, in CrewCare Rideshare’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the CrewCare Rideshare Marks (in violation of this Agreement or otherwise), you agree that upon their creation CrewCare Rideshare exclusively owns all right, title, and interest in and to such materials, including any modifications to the CrewCare Rideshare Marks or derivative works based on the CrewCare Rideshare Marks or CrewCare Rideshare copyrights. You further agree to assign any interest or right you may have in such materials to CrewCare Rideshare, and to provide information and execute any documents as reasonably requested by CrewCare Rideshare to enable CrewCare Rideshare to formalize such assignment.
CrewCare Rideshare respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the CrewCare Rideshare Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
The following disclaimers are made on behalf of CrewCare Rideshare, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
CrewCare Rideshare does not provide transportation services, and CrewCare Rideshare is not a transportation carrier. CrewCare Rideshare is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the CrewCare Rideshare Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the CrewCare Rideshare Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.
The CrewCare Rideshare Platform is provided 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 the use of the CrewCare Rideshare Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. CrewCare Rideshare reserves the right, for example, to limit or eliminate access to the CrewCare Rideshare Platform for Rideshare Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in the law. To the fullest extent permitted by law, we 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.
We do not warrant that your use of the CrewCare Rideshare Platform or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the CrewCare Rideshare Platform will be corrected, or that the CrewCare Rideshare Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the CrewCare Rideshare Platform or Rideshare Services.
We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the CrewCare Rideshare Platform and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the CrewCare Rideshare Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
CrewCare Rideshare is not responsible for the conduct, whether online or offline, of any User of the CrewCare Rideshare Platform or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the CrewCare Rideshare Platform and participating in the Rideshare Services, you agree to accept such risks and agree that CrewCare Rideshare is not responsible for the acts or omissions of Users on the CrewCare Rideshare Platform or participating in the Rideshare Services.
You are responsible for the use of your User account and CrewCare Rideshare expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the CrewCare Rideshare Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the CrewCare Rideshare Platform or through the Rideshare Services. Please carefully select the type of information that you post on the CrewCare Rideshare Platform or through the Rideshare Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning CrewCare Rideshare or made available through the CrewCare Rideshare Platform, 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. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the CrewCare Rideshare Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the CrewCare Rideshare Platform and 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.
Location data provided by the CrewCare Rideshare 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 CrewCare Rideshare, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the CrewCare Rideshare Platform. Any of your Information, including geolocational data, you upload, provide, or post on the CrewCare Rideshare Platform may be accessible to CrewCare Rideshare and certain Users of the CrewCare Rideshare Platform.
CrewCare Rideshare advises you to use the CrewCare Rideshare Platform with a data plan with unlimited or very high data usage limits, and CrewCare Rideshare shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the CrewCare Rideshare Platform.
This paragraph applies to any version of the CrewCare Rideshare Platform that you acquire from the Apple App Store. This Agreement is entered into between you and CrewCare Rideshare. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the CrewCare Rideshare Platform. CrewCare Rideshare, not Apple, is solely responsible for the CrewCare Rideshare Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
As a Driver, you may be able to use "CrewCare Rideshare Nav built by Google" while providing Rideshare Services on the Platform. Riders and Drivers may also use Google Maps while using the CrewCare Rideshare App. In either case, you agree that Google may collect your location data when the CrewCare Rideshare App is running in order to provide and improve Google's services, that such data may also be shared with CrewCare Rideshare in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.
CrewCare Rideshare shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.CrewCareRewards.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold CrewCare Rideshare including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the CrewCare Rideshare Platform and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the CrewCare Rideshare Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
You furter agree to the following:
1.I acknowledge that using CrewCare Rideshare involves certain risks (some of which I may not fully appreciate) and that injuries, death, property damage or other harm could occur to me or others. I accept and voluntarily incur all risks of any injuries, damages, or harm which arise during or result from my participation in the Activity, including any associated travel, regardless of whether or not caused in whole or in part by the negligence or other fault of CrewCare Rideshare, affiliates, employees, officers, agents or insurers ("Released Parties").
2. I waive all claims against any of the Released Parties for any injuries, damages, losses, or claims, whether known and unknown, which arise during or result from my participation in the Activity, regardless of whether or not caused in whole or part by the negligence or other fault of any of the Released Parties. I release and forever discharge the Released Parties from all such claims.
3. I agree to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against any of the Released Parties to recover any losses, liabilities, costs, damages, or expenses which arise during or result from my participation in the Activity, regardless of whether or not caused in whole or part by the negligence or other fault of any of the Released Parties.
IN NO EVENT WILL CrewCare Rideshare, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “CrewCare Rideshare” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE CrewCare Rideshare PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE CrewCare Rideshare PLATFORM, RIDESHARE 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. THE CrewCare Rideshare PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT CrewCare Rideshare HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to CrewCare Rideshare; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, CrewCare Rideshare may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below CrewCare Rideshare’s star rating or cancellation threshold; (3) CrewCare Rideshare has the good faith belief that such action is necessary to protect the safety of the CrewCare Rideshare community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to CrewCare Rideshare’s reasonable satisfaction prior to CrewCare Rideshare permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to CrewCare Rideshare’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
YOU AND CrewCare Rideshare MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with CrewCare Rideshare ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and CrewCare Rideshare, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and CrewCare Rideshare’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND CrewCare Rideshare. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the CrewCare Rideshare Platform, the Rideshare Services, rental or use of bikes or scooters through the CrewCare Rideshare Platform, CrewCare Rideshare promotions, gift card, referrals or loyalty programs, any other goods or services made available through the CrewCare Rideshare Platform, your relationship with CrewCare Rideshare, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on CrewCare Ridesha