TRIPS COMPANY TERMS AND CONDITIONS

Terms and Conditions

The following terminology applies to this Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions.  “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, Trips Company, a California corporation.  “Service Provider” refers to medical transportation professionals with a valid applicable license who have registered with the Company to provide medical transportation services. “Client” refers to customers who seek to engage a Service Provider to provide medical transportation services. “Party”, “Parties”, or “Us”, refers to the Service Provider, the Client and Ourselves, or either the Service Provider, Client and/or Ourselves.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

In using this website or mobile app You are deemed to have read and agreed to the following Terms and Conditions, which govern your use of our website, mobile app, and your use and participation in any related services provided through either. These Terms and Conditions may be updated or changed from time to time by the Company without notice to You.  If You do not agree with any of the Terms and Conditions, do not use this website, our mobile app, or our services. Because our services are evolving over time, We may change or discontinue all or any part of our services, at any time and without notice, at our sole discretion. Your continued use of this website following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes.

TRIPS COMPANY DOES NOT PROVIDE THE MEDICAL TRANSPORTATION SERVICES RECEIVED BY THE CLIENT AND IS NOT A TRANSPORTATION CARRIER. INDEPENDENT, THIRD PARTY DRIVERS OR VEHICLE OPERATORS OFFER SUCH MEDICAL TRANSPORTATION SERVICES THROUGH USE OF OUR APP AND WEBSITE. THE COMPANY OFFERS INFORMATION AND A METHOD TO ARRANGE SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

BY CLICKING ON THE BOX NEXT TO THE LANGUAGE ON THE WEBSITE, APPLICATION OR RELATED PLATFORM WHICH STATES “I AGREE TO THE TERMS OF USE”, BY PROCEEDING BEYOND THE PAGE ON THE WEBSITE, APPLICATION OR RELATED PLATFORM WHICH STATES “I AGREE TO THE TERMS OF USE”, BY INSTALLING OR USING THE APPLICATION, OR BY ACCESSING OR USING THE SERVICES, YOU:  (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (WHICH INCLUDES THESE TERMS AND ANY APPLICABLE SUPPLEMENTAL TERMS) AND THAT YOU HAVE READ AND UNDERSTOOD THE PRIVACY POLICY; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US; AND (C) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, (i) PERSONALLY, (ii) IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT AGENCY, NONPROFIT, OR OTHER ENTITY (EACH, AN “ENTERPRISE CUSTOMER”), ON BEHALF OF THAT ENTERPRISE CUSTOMER AS ITS LEGALLY AUTHORIZED REPRESENTATIVE AND TO BIND SUCH ENTERPRISE CUSTOMER TO THE TERMS OF THIS AGREEMENT, AND (iii) IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF ANOTHER INDIVIDUAL, ON BEHALF OF THAT INDIVIDUAL AS ITS LEGALLY AUTHORIZED REPRESENTATIVE AND TO BIND SUCH INDIVIDUAL TO THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU WILL NOT BE PERMITTED TO USE THE APPLICATION OR TO ACCESS OR USE THE SERVICES.  PROCEEDING BEYOND THE PAGE ON THE WEBSITE, APPLICATION OR RELATED PLATFORM WHICH STATES “I AGREE TO THE COMPANY TERMS OF USE”, INSTALLING OR USING THE APPLICATION, OR ACCESSING OR USING THE SERVICES CONSTITUTES YOUR ELECTRONIC SIGNATURE ON THIS AGREEMENT AND YOUR CONSENT TO EXECUTE THIS AGREEMENT ELECTRONICALLY.

PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Customer Requirements

The Company’s services are available only to, and may only be used by, individuals who are eighteen (18) years and older who can form legally binding contracts under applicable law.  You represent and warrant that You are at least eighteen (18) years old and that all registration information You submit is accurate and truthful. If You are using the services on behalf of any entity, You represent and warrant that You are authorized to accept these terms and conditions on such entity’s behalf and that such entity agrees to be responsible to Us if You or such entity violates these terms and conditions.

Registration/Accounts

You must register for an account to use our services. You agree not to create an account using a false identity or false information and you agree not to register an account on behalf of someone other than yourself unless you have been granted the legal authority to do so. You shall have no ownership or other property interest in your account. You agree to provide and maintain true, accurate, current and complete information about yourself.

You are responsible for maintaining Your registration information in a confidential and secure manner and for any and all activities that occur under or in connection with Your account and registration information. You should use a strong password, verify any emails before responding to them with confidential information, and use anti-virus software. You agree to notify the Company of any known or suspected unauthorized use(s) of Your registration information. The Company will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to safeguard Your registration information.

You must treat all information you learn via the website or app, including profile information about Service Providers or users as confidential information.  You may use this information only for the purpose of fulfilling your obligations as a participant in the services, and you may not share this information with any third party.

We do not request personal medical information (HIPAA), nor should you provide us any medical information. Should there be a need to share personal medical information with a Service Provider, please communicate with that Service Provider directly in person or via a telephone call. You agree that you will comply with all HIPAA regulations regarding personal medical information.

Account Deactivation

The Company may deactivate a user or registered account or at any time for failure to comply with Company guidelines governing use of this website or these Terms and Conditions.

Services

The Company provides a platform (including via this website and a mobile app) where Clients are connected to Service Providers that are local, non-emergency medical transportation providers, including those with gurney vans and/or wheelchair accessible vehicles, to easily schedule non-emergency vehicle medical transportation; such scheduling will include arrival times, and vehicles will be equipped with everything needed for a safe ride to or from a doctor’s appointment, hospital, nursing home or any other location (the “Platform”). Upon registration, the Company verifies the licensure of the Service Providers and allows them to upload information about themselves for Clients to view. Clients select a service, schedules the transportation, and the Company will arrange for a Service Provider to travel to the designated location to provide the service. 

If you are ordering transportation services, You will provide the pick-up and destination addresses and the departure time needed, and the app will provide a price quote and arrange for the transportation, including notifying the Client of the Service Provider. The app will collect the fee and pay the Service Provider.  The app collects no personal, health or insurance information; should You choose to provide such information to the Service Provider, that is in your sole discretion and at your own risk.

You, as Clients, understand and acknowledge that the information listed on the Platform related to each Service Provider is not meant as a complete or accurate representation of the transportation services or qualifications of the Service Provider. If You have any questions as to the nature or substance of any particular transportation service or Service Provider, please contact the applicable Service Provider for clarification. We reserve the right to change or update service descriptions and depictions at any time without giving You notice, including to correct any errors, inaccuracies, or omissions, or due to changes in the services provided by the Company or the Service Provider.

The Company does not represent either the Service Provider or the Client in specific transactions. We do not supervise, oversee, inspect or control, and we are not liable to or responsible for, the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of any Party to complete a service or purchase.  The Company uses good faith efforts to verify the identities of users of the Platform.

Each of the locations used in connection with the transportation services provided may employ their own rules, conditions, waivers and other obligations with which You must comply. You understand and acknowledge that You have complete oversight over Your person and property throughout Your participation in any transportation services and as such release Us from all liability related to activities that are wholly under Your control. 

Scheduling/Location

You may select Your transportation services via the Platform from those offered by available Service Providers in your geographic area.  You acknowledge and agree that Our services are not available in all geographic locations and may not be able to serve Your area. 

As part of the Platform ordering process, You may select a location site for the pick-up for transportation services.  The Client is responsible for setting up the location such that a safe and suitable environment is established, such that the service may be provided in the manner required by the Service Provider.  Service Providers may reject proposed locations in their sole discretion.  Once a mutually-agreeable location has been selected, the Client will meet the Service Provider at said location at a preselected time.  Client understands and acknowledges that Client, by using the services of Service Provider, is inviting a Service Provider to potentially private property and consents and accepts all risks related to the presence of a licensed, but otherwise unknown Service Provider onto potentially private property. 

We cannot guarantee that every Service Provider will arrive precisely within the timeframe You specified. If a Service Provider arrives earlier or later than specified, You agree to either accept or reject the transportation services You ordered but release Us from all liability for any loss, damage, or inconvenience that You may experience as a result of the untimely arrival.

We will send an electronic confirmation of the reservation date and time for a Client’s transportation services in each instance.  The time period and process, if any, in which the Client may make changes to such scheduled transportation services will be listed on such electronic confirmation. Client’s e-mail confirmation may contain a confirmation code which may be presented to the to the Service Provider and used as additional identification.

If You miss or fail to show up for a scheduled transportation service for any reason, You agree that you forfeit any and all payments You have made in connection with such health or transportation service in accordance with Our policies. 

Mobile Application

Subject to your compliance with these Terms, We grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the app on a mobile device that you own or control and to run such copy of the app solely to access the services for your own internal purposes. Certain software code incorporated into or distributed with the app may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”).  Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under the general license in this section and is instead separately licensed pursuant to the terms and conditions of their respective open-source software licenses.  You agree to comply with the terms and conditions of such open-source software license agreements.

When you use our app, we collect location information from the GPS functionality on your device. You hereby authorize us and our services to take such actions and access and use such location information to provide and improve our services and as otherwise set forth in our Privacy Policy. 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 mobile device, but doing so will eliminate your ability to use our services. You hereby authorize the app to access such components of your mobile device. You acknowledge and agree that: (i) such information may be made available to other users and (b) The Company merely makes this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties.

Certain features of the services require access to and use of your device’s map features or functionality, such as Google Maps, or other third party services. Any use of those features will be subject to the terms and conditions applicable to such third party services. By using the services, and depending on your device’s operating system, you may also have to agree to the Google Maps end-user terms located at http://www.google.com/help/terms_maps.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; these Terms do not apply to any activities conducted via the Google Maps site. Likewise, by using services, you may also agree to the Apple end-user terms located at http://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 them.

You understand that the app and the services are evolving. As a result, the Company may require you to accept updates to the app or other software that you have installed on your computer or mobile device. You acknowledge and agree that the Company may update the app with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the app.

Communication from the Company

By providing your cellphone number and using the services, you hereby affirmatively consent to calls and text message/SMS communication from us and other users in order to perform and improve the Services.  We do not charge for this service. However, you are responsible for all message and data rates that may be charged from your carrier for these messages.  You may opt-out from these messages by emailing contact@tripscompany.com, but will no longer be able to use the services if you do so, as such communications are necessary for providing the services.  Notwithstanding any opt-out, we may contact you with any method available (call, text, or email) in the case of an emergency.  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.

Service Providers

To the extent that there is a separate written agreement between You, the Service Provider, and Us, the terms of that agreement will prevail over conflicting terms in these Terms and Conditions.

The Company will run a background check on each Service Provider for security purposes.  Only legally registered, licensed and certified medical transportation service providers can sell services on the Platform. All Service Providers, and all individual drivers of Service Providers, are required to submit, and maintain as active, a government-issued copy of their driver’s license, CPR and EMT-B certifications, and other licensure and certifications, as applicable. When such licenses or certifications are up for renewal, Service Providers must submit such renewal confirmations in a timely manner.  You, as Service Providers, warrant that all information submitted to the Company and Clients is accurate.

All Service Providers, and all individual drivers of Service Providers, shall not use cellphones while moving Clients on a wheelchair and or gurney.  All Service Providers, and all individual drivers of Service Providers, must obey all driving laws in connection with cellphone usage. 

Service Providers are responsible for the information related to their services listed on the Platform. You, as Service Providers, warrant that all information You provide regarding Your services is accurate and updated, including Your availability and geographic scope.

After the Service Provider receives a confirmation from Us confirming that a Client has ordered a service from such Service Provider, the Service Provider shall provide such service. To protect the Client, the Service Provider will not be deemed to have earned the payment until the Company confirms receipt of the service.

Service Providers may be required to submit a W-9 form. It is understood that it is the express intention of the Service Provider and the Company that Service Provider is an independent contractor and not an employee, agent, joint venturer or partner of the Company.  Nothing in these Terms and Conditions shall be interpreted or construed as creating or establishing the relationship of employer and employee between the Company and or any employee or agent of Service Provider.  Both the Company and Service Provider acknowledge that Service Provider is not an employee for state or federal tax purposes. Service Provider shall not be entitled to any of the benefits accorded to Company employees including, without limitation, workers’ compensation, unemployment insurance, vacation or sick pay.  Service Provider’s services will be performed with no direct supervision from the Company.  Service Provider represents that Service Provider has the qualifications and abilities to perform the services hereunder in a professional manner without the advice or control of the Company. Service Provider will perform its services in a workmanlike manner and in accordance with applicable industry standards.

Service Providers are responsible for their own compliance with the rules, regulations and guidelines of their governing body, as required in connection with their license or other certification, as well as all other applicable federal, state and local laws and regulations. 

Clients

Any person or business entity can register as a Client on the Platform. You, as Clients, warrant that all information You submit to the Company and Service Providers is accurate.

After Client orders a transportation service and provides credit card payment information to the Company for any purchased services, the Company will send the selected Service Provider a confirmation, upon which the Service Provider will travel to the agreed-upon location to provide the services. The Company will only pay the Service Provider, less transaction fees and fees owed the Company for its services related to the Platform, after confirming that the Client has received and paid for the service. The Company only accepts payment in the form of credit cards, and does not charge insurance co-payments, bill insurance companies or accept any other forms of payment. 

Client understands and acknowledges that the Company is not responsible for ensuring the quality or suitability for Client’s purposes of any service or product offered on the Platform.

Fees Payable to the Company and Service Provider

The Company shall charge Service Providers transaction fees in accordance with its current rates, available upon inquiry. All such transaction fees shall be deducted by the Company at the time of processing the associated purchase/sale transaction from the Client, which shall be after the completion of the service provided to such Client and payment is collected from such Client.  The Company will estimate a price quote for the services prior to the provision of the transportation service, however You, as the Client, agree that such quote is subject to change and agree to pay the final determined price.

Cancellation or Other Charges

You can cancel anytime up to 8 hours before your ride with no cancellation fee. If your services request has been matched to a Service Provider and you cancel anytime from 1 to 8 hours before your ride, the cancellation fee will be 50% of your estimated fare. If you cancel less than 1 hour before your ride, you will be charged the full estimated fare. This allows us to make sure Service Providers are fairly compensated for the time they’ve committed to Your services. If you cancel before a Service Provider has been matched to your ride, there is no cancellation fee.

You acknowledge and agree that We may, and you authorize Us to, charge your payment method for any damages incurred by a Service Provider that were caused by a You or another rider for which you are responsible, while the transportation services are being provided, as determined in Our sole discretion.

Payment

When You order transportation services via the Platform, You will be asked to supply additional information, including payment information such as Your credit card number, the expiration date for Your credit card, Your billing address, or other relevant or necessary information to either verify Your identity or process Your payment. You represent and warrant that You have the legal right to use such payment methods which You provide Us. In order to complete Your order, You authorize Us to share Your payment information to necessary third parties.

All amounts referred to in the Terms, including those set forth through the services, are stated in U.S. dollars and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on Our income or the income of the Service Providers.

Refund Policy

The Company does not offer refunds for any transportation services once payment has been received and the service has been rendered.  Clients may reschedule their service appointment in event of a Service Provider cancellation.   

Resolving Party Disputes

Service Providers and Clients may securely communicate with each other via the Platform. During the process, Parties can ask each other important questions, settle disputes, and other communication functions. If a dispute persists, the Company will follow the complaint procedures set forth below in these Terms and Conditions, but may also attempt to mediate between the parties.  The Company cannot and does not guarantee or make any claims with regard to its ability to resolve any disputes between Parties or the ultimate enforcement of any resolution agreed upon by the Parties.

Image Release

In the event that photographs of Your transportation services have been taken and shared either on social media or with Us, the Company reserves the right to use such photographs in its promotional materials. The Company also reserves the right to use such photographs on the Platform.   

Code of Conduct

By purchasing or providing a medical transportation service, You agree that You will conduct Yourself in an appropriate manner throughout the course of Your participation in the activities that comprise the purchased medical transportation services.  You agree that You will not engage in activity or behavior that:

  1. (a) is untrue, inaccurate, defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) harasses, abuses, harms or advocates or incites harassment, abuse or harm of another person or group, including Service Providers, Clients, and other users or (e) otherwise harms or can reasonably be expected to harm any person or entity;
  2. violates the rules or codes of conduct of the locations involved in the services, including excessive intoxication or consumption of alcoholic beverages when consumption of alcoholic beverages is expressly forbidden;
  3. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  5. restricts, discourages or inhibits any person from using the Platform, discloses personal information about a third person on the Platform or obtained from the Platform without the consent of such person, or collects information about users;
  6. gains unauthorized access to the Platform, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Platform;
  7. uses the Platform in a manner that is unlawful or in any manner that could damage, disable, overburden or impair any Company server or connected network(s) or interferes with any other party’s use and enjoyment of the Platform; or
  8. violates any applicable federal, state or local laws, regulations or these Terms and Conditions.

We cannot and do not assure that Service Providers, Clients or other users or visitors of locations involved in the provision of services are or will be complying with the foregoing Code of Conduct or any other provisions of these Terms and Conditions, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.

Assumption of Risk

During the course of Your provision or engagement of any medical transportation services, You may face certain risks and hazards, both foreseeable and unforeseeable. These risks and hazards include, but are not limited to, the following: travel and navigation in difficult terrain and inclement weather; inadequate food and/or water supplies; accidents or collisions involving planes, trains, automobiles, or other modes of conveyance; acts of terrorism, vandalism or war; storms, earthquakes or other natural disasters; government restriction or regulation; theft or other criminal acts; and injury, accident or illness without access to medical facilities.  These risks and hazards may result in serious physical injury, sickness or death, and damage to, or loss or destruction of property, and no guarantee can be made that the Company or others can provide assistance if any of the forgoing result. You hereby acknowledge that Your use or provision of the medical transportation services involves inherent risks of physical injury, illness, death and/or damage to or loss of property, that Your participation is entirely voluntary and that You elect to assume all such risk and use or provide the medical transportation services and engage in associated activities with full knowledge of the inherent risks. 

Additionally, You have informed the other Parties of all known physical conditions, medical conditions and medications, as may be relevant or necessary for the provision or use of the medical transportation services. All Parties acknowledge and agree that no medical services will be provided or included in the transportation services and that the Service Providers are not licensed to provide any medical, diagnostic, pharmaceutical or other related professional services. Neither the Company nor the Service Providers provide “patient care” or operate “patient care service businesses.” If a Client should experience any pain or discomfort while any transportation services are being provided, such Client shall immediately communicate that to the Service Provider so that the services can be adjusted and medical assistance may be sought.

The services are not to be used in an emergency.  The Service Providers do not operate emergency patient transportation vehicles (i.e. ambulances); if You are experiencing a need for emergency medical care, please call 911.

As a part of the services, You may have access to materials that are hosted by another party (including the maps referenced above). You agree that it is impossible for Us to monitor such materials and that you access these materials at your own risk. We may provide information from and links to third party websites and applications (“Third Party Websites”) and advertisements for third parties (collectively, “Third Party Websites & Ads”). When you click on a link to any Third Party Websites & Ads, we will not warn you that you have left our website or application and are subject to the terms and conditions (including privacy policies) of another website, application or destination. Such Third Party Websites are not under our control. We are not responsible for any Third Party Websites & Ads. We provide these Third Party Websites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third Party Websites & Ads at your own risk. When you leave our website or app, our Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Disclaimer

NONE OF THE CONTENT MADE AVAILABLE THROUGH THE PLATFORM SHOULD BE CONSIDERED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE PLATFORM OR ANY SERVICES PROVIDED VIA THE PLATFORM AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE PLATFORM OR THE SERVICES OF A SERVICE PROVIDER.

THE COMPANY OBTAINS LICENSE, CREDENTIAL AND OTHER BACKGROUND INFORMATION FROM SERVICE PROVIDERS, BUT DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION OR THAT A PARTICULAR SERVICE PROVIDER IS QUALIFIED TO PERFORM ANY GIVEN SERVICE; IT IS SOLELY THE RESPONSIBILITY OF EACH CLIENT, AND NOT THE COMPANY, TO DETERMINE WHETHER A SERVICE PROVIDER IS QUALIFIED AND CAPABLE OF RENDERING THE SERVICES TO BE PROVIDED TO THE CLIENT.

NEITHER SERVICE PROVIDERS NOR USERS ARE AGENTS, EMPLOYEES, JOINT VENTURERS, AFFILIATES, FRANCHISEES OR PARTNERS OF THE COMPANY.  WE DO NOT CONTROL, OR HAVE THE RIGHT TO CONTROL SERVICE PROVIDERS OR USERS EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE OR ANY APPLICABLE SUPPLEMENTAL TERMS OR AS REQUIRED BY APPLICABLE STATE AND/OR FEDERAL LAW.  WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR PERFORMANCE OF SERVICE PROVIDERS.  WE DO NOT GUARANTEE THAT ANY TRANSPORTATION REQUEST WILL BE ACCEPTED BY SERVICE PROVIDERS OR THAT SERVICE PROVIDERS WILL RECEIVE ANY PARTICULAR NUMBER OF TRANSPORTATION REQUESTS BY USERS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY USERS (INCLUDING, BUT NOT LIMITED TO, DRIVERS AND ENTERPRISE CUSTOMERS) OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE DO NOT REPRESENT OR ENDORSE, AND SHALL NOT BE RESPONSIBLE FOR YOUR ABILITY OR INABILITY TO ARRANGE OR ACCEPT SERVICES USING THE APP OR WEBSITE.

Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that You consult or download.

Indemnification

You agree, whether you are a Service Provider or Client, to be responsible for your own obligations in all purchase transactions as such are further identified on this website, app and these Terms and Conditions. You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, agents, employees and partners and any other Covered Parties (as such term is hereinafter defined) harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of any content or information You submit, post, transmit, modify or otherwise make available on this website, app or to third parties with whom You are in contact via this website or app, including but not limited to any confidential information, services provided by or to you, Your violation of this Terms and Conditions, or Your violation of any rights of another, your use of or inability to use the services to obtain any transportation services or any activity or experience resulting from such use, your own acts or omissions, or the acts or omissions of any Service Provider, Client or other third party You come into contact with via the Platform.

The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. This provision does not require you to indemnify any of the Covered Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Company’s services. You agree that the provisions in this section will survive termination of your Account, the Terms or your access to the Company’s services.

Remedies

Your sole remedy for a breach of this agreement is an action at law for damages.  You waive any right of rescission or to injunctive or other equitable relief.

Limitation of Liability

THE INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY, ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY AND, IN PARTICULAR, DO NOT MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.  FURTHER, THE COVERED PARTIES MAKE NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE COMPANY’S SERVICES OR USE OR PROVISION OF THE TRANSPORTATION SERVICES, OR AS TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR SERVICES OR PERFORMANCE OF SERVICE PROVIDERS OR OTHER USERS. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

Your use of any information or materials on this website, mobile app or the Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website, app or Platform meet your specific requirements.  IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COVERED PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COVERED PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY DIRECTLY AND PROXIMATELY CAUSED BY A COVERED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Non-Circumvention 

Clients and Service Providers agree not to in any way, directly or indirectly, solicit, by-pass, compete, avoid, circumvent, or attempt to circumvent the Company relative to the purchase of services from Service Providers offered on the Platform.

Force Majeure

Neither the Company nor the Service Providers shall be liable due to causes beyond the control and without the fault or negligence of such party.  Such causes may include, but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system, but in every case the failure to perform will be beyond the control and without fault or negligence of the party failing to perform. Such party will inform You of any Force Majeure event as soon as practicable after its occurrence. 

Americans with Disabilities Act

The Company makes no warranty or representation as to whether or not the locations wherein transportation services take place or that any of the activities comprising the transportation services themselves comply with the Americans with Disabilities Act (ADA) or any similar legislation.

Miscellaneous

The Company’s rights under this Terms and Conditions may be assigned, however You may not assign Your rights under these Terms and Conditions.  These Terms and Conditions shall inure to the benefit of the parties and their successors, administrators, heirs and assigns.  These Terms and Conditions shall be interpreted under the laws of California applicable to contracts entered into and fully to be performed therein.  No waiver of any term hereof shall be deemed to be continuing or be deemed to waive any other term hereof.  Unless the parties have a written agreement signed by each of them that governs the relationship between the parties, this Terms and Conditions constitute the entire understanding of the parties concerning the subject matter hereof; all prior negotiations and understandings are merged herein.  Should any term or provision of these Terms and Conditions be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Headings are solely for convenience or reference and do not constitute a part of these Terms and Conditions. The terms “including” and “includes” should be read as “including/includes, but not limited to.” All rights and remedies given to Us in this Terms and Conditions are cumulative and not exclusive of any other rights or remedies which We otherwise have at law or equity. Unauthorized use of this website may give rise to a claim for damages.

Privacy Statement

The Company is committed to the protection of Your privacy, and will treat all of the information You provide to Us with the utmost respect. The Company works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of Your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. The Company will only share the information You provide with its employees, agents, processors and third-party payment vendors as necessary to complete the services requested by You.  We will not sell or disclose personally identifiable information about You to unaffiliated third parties except in accordance with this Privacy Policy. These privacy practices do not govern the use of Your information by third-parties who may have access to Your information, either because the Company has shared that information consistent with these Terms and Conditions or because You provided that information Yourself, whether or not in connection with the services.

Although We value Your privacy and consequently take commercially reasonable steps to safeguard Your personal information, billing information, or other information from loss, misuse, and unauthorized access, no security system is invulnerable.  We cannot guarantee that the information We receive from You will not be intercepted or otherwise improperly obtained by third parties. E-mail and text messages and other Internet communications are not secure. Our security software does not encrypt e-mail or text messages. E-mail and text messages traveling through the Internet are subject to viewing, alteration, and copying by potentially anyone on the Internet. You should exercise discretion with respect to the submission of any personal or financial information via e-mail, text or via other features on the website or Platform. If You are concerned about the security of Your communication, We encourage You to send Your correspondence through the postal service or use the telephone to speak directly to Us. We are not responsible for the security or confidentiality of communications You send to Us through the Internet using the website, the mobile app, Platform, text or e-mail messages.

We collect information that You send Us by phone, mail, or e-mail. By communicating with Us, You permit Us to collect, archive, retrieve, and otherwise use any information collected consistent with these Terms and Conditions. We reserve the right to publish any communication that We deem to be a testimonial. We may also add You to mailing lists operated either by Us or by third-parties, for which You may “unsubscribe”.

We may also collect information about You and Your usage of the website or mobile app from Your use of our services via automated data collection tools such as Cookies, Web Beacons, and other data collection tools specific to mobile devices. A Cookie is a message given to a Web browser by a Web server, in a text file. The message is then sent back to the server each time the browser requests a page from the server. Web Beacons are typically a transparent graphic image that is placed on a site to allow the site to record the simple actions of the user opening the page that contains the beacon. You can change Your Internet browser settings to disallow Cookies or to prompt You for Your permission before accepting Cookies. Refusing to allow Cookies may affect Your use of or the functionality of the website, mobile app or Platform. We may use the information We gather from You to facilitate the administration of our services, including user location via GPS, IP addresses or otherwise, as well as to understand how our services are currently being used and to improve, enhance, or customize the provision of our services. We may also aggregate non-personally identifiable information and share it with third parties or publish it. Automatic data collection may be performed on Our behalf by (or provided to) Our Service Providers.

Third-parties may host banners or pop-ups or hyperlinked advertising on the website or app. We do not control or monitor the content of third-party content. Through interacting with these and other features of the website or app, and depending on Your browser or device settings, information may be collected about You, or Cookies or other potentially malicious software may be placed on Your hard drive, for which We are not responsible. Your viewing history may also be tracked. You give permission to collect, archive, retrieve, and use any information collected for product design, product offers to You, and general commercial solicitation purposes by this website or by joint venture partners, affiliates, and marketing organizations. This site is not responsible should Your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause You harm. Although We may hire third-party vendors to provide specialized services such as customer support; email services; data processing; and special products or services that You have requested, these third-parties may only use this information in connection with these services and not for their own use. To the extent that You provide Your information in open forums, other users may also have access to Your information in a way that We do not monitor nor are responsible for.

If You provide Your credit card or other financial information, We will never disclose it to anyone except to the relevant financial transaction processors or law enforcement agencies. To the extent permitted by law, We may also disclose personal Information or other Information that We have collected about You when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever We believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of the Company or others. By providing that information, You expressly permit Us to use it in fraud investigation, for litigation, or for other lawful purposes.

As We develop Our business, We may sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, personal information, billing information, and other information collected by Us about You may be part of the transferred assets.

We operate the website and mobile app in compliance with the Children’s Online Privacy Protection Act. This website is not directed to children under the age of 13, nor do We permit registration by nor knowingly collect or use personally identifiable information from children under the age of 13 years.

This Privacy Policy is dynamic and will continually change. Only changes that We deem in Our sole discretion to be drastic will be noticed either by e-mail or posted on the website or app. Minor changes must and should be viewed at this page upon each visit to the site. Your continued use of this website or app evidences Your acceptance of the terms this Privacy Policy and any modifications.

You can review, correct, or change the information collected during registration by accessing Your profile on this website or by calling Our main office at the phone number listed on the Contact page of this website. You may change information at any time and as often as necessary. Users who are experiencing problems with Our services or who have questions about how Our services work can call Our main office or use the “contact us” page on this website to send Us an e-mail.

You acknowledge and agree that we may record calls placed or received via the app (such as between Service Providers and users). BY PLACING OR ANSWERING A CALL THROUGH THE APP, YOU EXPLICITLY CONSENT TO US RECORDING AND STORING SUCH PHONE CALL. IF YOU DO NOT CONSENT TO SUCH RECORDING, DO NOT PLACE OR ANSWER ANY CALL THROUGH THE APP.

If the Company becomes aware of any possible violations by you of these Terms or other Company policies, the Company reserves the right to investigate such violations.  If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  the Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials it has access to, including your user submitted content, in Company’s possession in connection with your use of the services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce these Terms, (3) respond to any claims that your user submitted content violate the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of the Company, its users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate. In the event that the Company determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the services, the Company reserves the right to (in addition to the Company’s other rights hereunder) notify and/or fully cooperate with the proper law enforcement authorities for further action; suspend or terminate your Account and/or pursue any other action which the Company deems to be appropriate.

Feedback

We welcome any comments or suggestions You may have. By providing Us such feedback, You grant Us permission to use or incorporate into Our services any suggestions, requests, recommendations, or other feedback that You provide Us, including allowing Us the appropriate intellectual property rights to do so, including granting Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to any and all intellectual property rights that You may own or control to use, copy, modify, create derivative works based upon, and otherwise exploit Your feedback for any purpose. You hereby waive all moral rights in any such information or content. We are not responsible for the accuracy of any information, feedback, or content made on the website or mobile app by third parties.

Service Providers and Clients understand and acknowledge that all feedback provided via the Platform is subject to use in ratings and reviews of the applicable Service Provider or Client and may affect a Service Provider’s rating or evaluation on the Platform.  Further, any and all feedback, ratings, reviews or other content shared by a Client or Service Provider on the Platform are not subject to removal or editing without the Company’s approval, which may withheld in the Company’s sole discretion.    

Links To and From this Website

You may not create a link to any page of this website without our prior written consent.  You may not frame or enclose any Company trademark, logo or other proprietary information, including the images found on the website, mobile app, or associated with our services in any text, layout, or design of any website without Our express written consent. We do not monitor or review the content of other party’s websites which are linked to or from this website. A link from Our website or mobile app to any third-party site, location, or source does not signify Our endorsement of the site or its contents. The Company is not responsible for the privacy practices or content of such third-party websites.   The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of information to third parties with which You have come into contact via this website or app. 

Intellectual Property

You acknowledge that the services We provide are protected by copyright, trademark, trade secret and other laws of the United States. Except as expressly authorized herein, You may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the website, mobile app, the Platform and any and all content produced by Us or Our users in any manner (including electronic, print or other media now known or hereafter developed) without our written consent. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices incorporated in or accompanying any of Our products, services or in any of Our content. 

You grant Us a non-exclusive, irrevocable license throughout the world to use any content You provide via the Platform without attribution. You hereby waive any moral rights or rights to publicity You may have to such content.

You have a non-exclusive, revocable license to access any of Our content for Your personal use, including this website, on the express condition that You comply with the terms of these Terms and Conditions.

Prohibitions

You may not access, tamper with, or otherwise interfere with the non-public areas of this website or app, nor Our computers, nor Our computer systems. Nor may You attempt to bypass, deactivate, or impair in any way any safety or security measure implemented by Us or any of our third party affiliates.  You may not attempt to collect, from this website, the mobile app, or through using Our services, or use any personally identifiable information from any other user without the user’s express permission. You may not violate any applicable law or regulation or assist or encourage anyone else to do any of the foregoing. You agree not to use the website, the mobile app, or any other of Our content for any unlawful purposes and to comply with any and all requests from Us to protect Our respective rights. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the website or the mobile app, including for any commercial purpose. You will not reverse engineer, disassemble, decompile, decrypt, concert the software to human perceivable form, create derivative works of, or otherwise exploit for any commercial purpose the website, app or any of Our technology, including any software or Java applets associated with the website or mobile app. You may not use a third party’s account or registration to access the website or mobile app. You may not deep-link to the website or use a robot, spider, web crawler, or extraction software, automated process, device, or similar methods to scrape, copy, datamine, or monitor or similarly glean or extract any portion of the website or mobile app or any Company-owned content. We reserve the right to take any and all measures necessary to prevent any of these, including suspension, denial or termination of Your access to the website, mobile app, or our services.

International Use

As the website and app may be accessed globally, if you choose to access the website or app from locations other than the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to United States or the country in which you reside. Notwithstanding the foregoing, we make no representation that materials on the website or app are appropriate or available for use in locations outside the United States, as applicable, and accessing them from territories where their contents or the collection of data are unlawful is prohibited.

User Liability

We may, but are not obligated to, monitor or review the website and app at any time.  Without limiting the foregoing, we shall have the right, in our sole discretion, to remove any of your content for any reason (or no reason), including if such content violates the Terms or any applicable law.  Although we do not generally monitor user activity occurring in connection with the app and website, if we become aware of any possible violations by you of any provision of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your access to use the services, or change, alter or remove your submitted content, in whole or in part, without prior notice to you.

You are solely responsible for your interactions with other users and any other parties with whom you interact with regard to the services; provided, however, we reserve the right, but have no obligation, to intercede in such disputes.  You agree that we will not be responsible for any liability incurred as the result of such interactions. The website and app may contain content provided by other Users. We are not responsible for and do not control this content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to user submitted content. You use all user submitted content and engage in interactions with other users at your own risk.

Release

You hereby release the Covered Parties 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 Company services, or (ii) any services arranged as a result of your activities through the app or website. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Covered Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Company Parties.

Complaint Procedures

Report: If a user submits a complaint, an authorized representative of the Company shall prepare a written report, presenting the facts and information in a clear, objective manner, including the following:

· Summarizing the facts in a chronological order.

· Detailing the precise claims of the complainant.

· Expressing the resolution desired by the complainant.

· Indicating the Company’s response to the claims of the complainant.

The report should include the recommended course of action or corrective procedures and comments on whether the complaint represents an isolated case or a pattern or practice that needs to be corrected.

Complaint Processing: Unless otherwise agreed, the Company shall abide by the following in responding to user complaints:

· Complaints are to be acknowledged within 15 days after receipt of the correspondence, oral, telephonic, or electronic notification of a complaint.

· To the extent in the control of the Company, and as authorized by Company counsel, inquiries, comments, or objections shall be answered or information provided within 15 business days after receipt.

· If the Company’s investigation is not complete within the above time limit, the Company will notify the user of its findings to date and specify a date when the Company expects to complete its investigation.

The Company is committed to making the process of submitting any dispute or complaint easy for the user. The Company has a dedicated Contact Us page on the Website which includes all the phone numbers and email addresses to promptly reach any department or management authority. The Company also has a dedicated webpage for disputes.

Legal Disputes

The parties agree that any dispute, claim, or controversy concerning this Agreement or the termination of this Agreement, or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration to be held in Los Angeles County, California in accordance with the rules then in effect of the American Arbitration Association except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This arbitration agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of the Terms.

There shall be a single arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties will pay the costs and expenses of such arbitration in such proportions as the arbitrator shall decide, and each party shall separately pay its own counsel fees and expenses. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

Waiver of Jury Trial.  YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and the Company are instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement, except as specified in subsection (a) above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the County of Los Angeles according to the laws of the State of California. All other claims shall be arbitrated.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out to the following address: PO Box 41114, Los Angeles, CA 90041, within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include Your name and address, Your username (if any), the email address You used to set up Your account (if You have one), and an unequivocal statement that You want to opt out of this arbitration agreement. If You opt out of this arbitration agreement, all other parts of this agreement will continue to apply to You.  Opting out of this arbitration agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with Us.

Notwithstanding any provision in these Terms to the contrary, we agree that if We make any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Us at the following address: PO Box 41114, Los Angeles, CA 90041.

This arbitration agreement will survive the termination of your relationship with Us.

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by e-mail (provided e-mail shall not be sufficient for notices of termination or an indemnifiable claim). You agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Where the Company requires that you provide an email address, You are responsible for providing Us with your most current email address.  In the event that the last email address You provided to Us is not valid, or for any reason is not capable of delivering to You any notices required and/or permitted by these Terms, the Company’s dispatch of the email containing such notice will nonetheless constitute effective notice.  You may give notice to Us at contact@tripscompany.com.

In accordance with California Civil Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Termination

We may terminate Your access to and use of any of Our content or services, at Our sole discretion, at any time and without notice to You, in which case any and all rights granted to You herein will immediately automatically terminate.

Electronic Signature

You agree that Your use of Our services constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and will meet the requirements of an original signature. You may not raise the use of an electronic signature as a defense to the enforcement of this Agreement.

Intellectual Property

The information on this website and app is the copyrighted work of the Company and is protected under United States and worldwide copyright laws and treaty provisions.  This website and app contain material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions. Except for third party content, the app, website and the services, including text, software, graphics, photos, interactive features and other content and the trademarks and logos displayed on the website are owned by the Company and its licensors and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws (“IP”).

The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company’s IP or any portion of the Company IP, (b) You shall not frame or utilize framing techniques to enclose any trademark, logo, or other the Company IP; (c) You shall not use any metatags or other “hidden text” using the Company’s name or trademarks; (d) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Company IP except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) You shall not access the Company IP in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of the Company IP may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company IP. Any future release, update or other addition to the Company IP shall be subject to these Terms.  The Company, its suppliers and Service Providers reserve all rights not granted in these Terms. Any unauthorized use of the Company IP terminates the licenses granted by the Company pursuant to these Terms.

© 2018 Trips Company