By using the website, mobile application, and services (collectively, the “Sidecar Platform”) in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Sidecar reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Sidecar Platform at any time, effective upon posting of an updated version of this Agreement on the Sidecar Platform. You are responsible for regularly reviewing this Agreement. Continued use of the Sidecar Platform after any such changes shall constitute your consent to such changes.
- Use of Our Service.
SIDECAR IS AN INTERACTIVE TECHNOLOGY SERVICE AND RIDESHARING PLATFORM THAT PROVIDES A MOBILE FORUM FOR ENABLING PEOPLE LOOKING FOR A SHARED RIDE TO REQUESTS RIDES FROM DRIVERS WHO CAN PROVIDE SUCH TRANSPORTATION.
IN CALIFORNIA, SIDE.CR LLC DBA SIDECAR HOLDS A CLASS P TRANSPORTATION NETWORK COMPANY PERMIT TCP0032149-P GRANTED TO IT BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION ON APRIL 21, 2014. PURSUANT TO THIS TNC PERMIT, SIDECAR OPERATES AS A CHARTER-PARTY CARRIER OF PASSENGERS, TRANSPORTATION CARRIER, PURSUANT TO SECTIONS 5351 THROUGH 5420 OF THE PUBLIC UTILITIES CODE AND COMMISSION DECISION 13-09-045. SIDECAR COMPLIES WITH THE CALIFORNIA PUC’S INSURANCE REQUIRMENTS IMPOSED BY D.13-09-045, OR ANY AMENDMENTS THEREAFTER AS TO THE STATE OF CALIFORNIA SERVICES. ALL TRANSPORTATION OFFERED BY SIDECAR IS BY PREARRANGEMENT ONLY, WITH A STRICT REQUIREMENT OF NO STREET HAILS, NO TOP LIGHTS, OR TAXI METERS BY OUR DRIVERS IMPOSED BY THE COMMISSION. FURTHER, THIS PERMIT DOES NOT ALLOW SIDECAR TO CONDUCT ANY OPERATIONS ON CALIFORNIA AIRPORT PROPERTY, UNLESS AN AIRPORT GRANTS OPERATIONAL AUTHORITY. THE PERMIT DOES NOT AUTHORIZE THE VEHICLES OTHER THAN THOSE PRIVATELY OWNED BY THE DRIVER.
DRIVERS ARE NOT SIDECAR EMPLOYEES, BUT INDEPENDENT WORKERS WHO VOLUNTARILY USE OUR MOBILE PLATFORM TO BE MATCHED WITH PASSENGERS AND OBTAIN PAYMENT CASHLESSLY THROUGH THE APP. IT IS UP TO THE DRIVER TO DECIDE WHEN HE OR SHE WISHES TO DRIVE USING THE SIDECAR APP, WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER CONTACTED THROUGH THE SIDECAR PLATFORM, AND WHAT PRICING ADJUSTMENT THE DRIVER WISHES TO SET. A PASSENGER DECIDES WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SIDECAR PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE SIDECAR PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. SIDECAR OFFERS A CONVENIENT TECHNOLOGY ENABLED METHOD TO CONNECT DRIVERS AND RIDERS HEADING IN THE SAME DIRECTION WITH EACH OTHER THROUGH OUR TECHNOLOGY PLATFORM.
AS REQUIRED BY STATE REGULATORY AGENCIES, SIDECAR IS REQUIRED BY THE COMMISSION TO CRIMINAL BACKGROUND CHECK ITS DRIVERS, CHECK THE DRIVERS’ DRIVING RECORDS PERIODICALLY, REQUIRE AN ANNUAL 19-POINT SAFETY INSPECTION ON THE VEHICLES USED, REQUIRE ZERO TOLERANCE OF DRUG OR ALCOHOL USE WHILE SERVING AS A DRIVER, AND HAVE A NON DISCRIMINATION POLICY.
- Eligibility. You may use the Sidecar Platform only if you can form a binding contract with Sidecar, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Sidecar Platform by anyone under 18 is prohibited and in violation of this Agreement. You are not permitted to allow third parties, including persons under the age of 18, to receive transportation services from drivers using the Sidecar Platform. The Sidecar Platform is not available to or authorized for use by any users previously removed from the Sidecar Platform by Sidecar, any users or persons acting on behalf of an organization or entity and not in his or her personal or individual capacity, or any users accessing the Sidecar Platform for any purpose other than to seek to participate in an actual ride for personal purposes, unless specifically authorized by Sidecar (collectively “Unauthorized Users”). Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Sidecar platform. Any such unauthorized use is strictly forbidden and shall constitute a violation of Federal and applicable state and local laws.
- Sidecar Platform.Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Sidecar Platform for personal, noncommercial use only and as permitted by the features of the Service and applicable law, including but not limited to state rideshare and carpool exemptions. Sidecar reserves all rights not expressly granted herein in the Service and the Sidecar Content (as defined below). Sidecar may terminate this license at any time for any reason.
- Sidecar Content. Except for your User Content, the Sidecar Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Sidecar Content”), and all intellectual property rights related thereto, are the exclusive property of Sidecar and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Sidecar Content. Use of the Sidecar Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
- General Policies. Sidecar has a no smoking policy in all its vehicles. Drivers must comply with all Federal, State, and municipal non-discrimination laws by accepting, without extra charge, riders with service animals.
- Rating System. All users agree to a mutual rating system when using the Sidecar platform. Users consent to other users rating them on specific factors (example a five star rating system for riders and a percentage system for drivers based on most recent rides) set exclusively by Sidecar. Sidecar will only show an aggregate rating of a particular user to another user. A user may see his or her own rating under My Account in the app. The purpose of these ratings is to create a community of mutual trust, respect and responsibility among our users. These ratings may be used to deactivate a driver who falls below a certain minimum exclusively set by the company.
- User Credit Policy. From time to time, Sidecar may issue users credits for rides on Sidecar as promotions, for referrals of new users, as fee or other charge waivers by our Support team, and similar activities. Such credits will have clearly-stated expiration dates by which the credit must be used, but in no event will the credit expiration date be later than 60 days from issuance.
- Feedback and Ideas. You may choose to or we may invite you to submit comments or ideas about the Service, including how to improve the Sidecar Platform or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Sidecar under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Sidecar does not waive any rights to use similar or related ideas previously known to Sidecar, or developed by its employees, or obtained from sources other than you.
Payments and Fees
For each ride conducted, the Sidecar Platform requires destination and pick up information. The Platform will display ride fees proposed at the sole discretion of the drivers for that specific ride, based on an average incorporating such factors as distance, duration, time of day and location, then increased or decreased by a factor set by a particular driver (“Payment”) at that time. A RideSafe fee is included to pay for insurance, driver background checks, motor vehicle registration checks, driver education, and other safety-related costs incurred by Sidecar. Other fees charged may include for airport access, and usage of toll roadsor bridge tolls. Passengers may view the estimated time of arrival, driver ratings, driver’s profile and vehicle information for various available drivers. The passenger is free to pick the desired driver. Should a selected driver become unavailable after the passenger submits a ride request, Sidecar will send new driver matches to the passenger. In some instances, that driver may have set a lower or higher price. If the passenger does not want to pay that price, the passenger should cancel the ride and re-request a driver. Drivers may also decline a particular ride or passenger for any legal reason.
At the end of a ride, the passenger may choose to increase or decrease the payment amount, in his or her sole discretion. This amount plus any applicable RideSafe and airport or toll fees becomes the final payment amount for that ride. That final fare is subject to the Sidecar fee. If a passenger has questions about the amount charged by a driver, please contact Sidecar Support. After the ride is completed, the Payment by the passenger is due immediately and must be paid by a preloaded passenger credit card or other approved cashless payment processing service. Sidecar reserves the right to set the final Payment for the passenger. At any time, Sidecar may change the payment schedule for the Sidecar Platform, as we deem necessary for our business, and encourage users to check this Agreement periodically.
Sidecar will facilitate all passenger payments through a third party payment processing service. The payment processing services will deposit funds to a driver into a bank account designated by driver upon creation of driver’s Sidecar account. For use of its technology platform, Sidecar receives 20% or less of each payment of more than zero that any passenger makes to a driver as an administrative fee (“Sidecar Fee”). Sidecar, in its sole discretion, may change the Sidecar Payment level on a going forward basis.
In the event that a passenger cancels or withdraws a ride request on the Sidecar Platform more than five (5) minutes after the ride request is accepted by a driver, the passenger agrees to pay a nonrefundable $5 cancellation fee.
If a driver reports vehicle or other property damage to Sidecar following a ride in which a passenger was a party, Sidecar in its sole and absolute discretion may charge that passenger’s credit card a Damage Fee of $250 to cover the actual costs of the damage and shall cover the actual cost not to exceed $250 to remedy the driver’s vehicle damage. This Damage Fee is paid to the driver, less the Sidecar Fee. Sidecar in its sole and absolute discretion may require documentation or verification of damage prior to processing the Damage Fee.
- Taxes. All information that users provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. A user agrees to pay all charges incurred on his or her credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. A user agrees to pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Driver expressly agrees to pay any and all fees and applicable taxes relating to any payment driver may receive in connection with a ride provided through the Sidecar service.
Unless otherwise agreed by the parties in writing, Sidecar shall remit payments due to drivers hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Sidecar reserves the right to withhold payment or charge back to a driver’s account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by a driver, pending Sidecar’s reasonable investigation of such breach. To ensure proper payment, drivers are responsible for providing and maintaining accurate contact and payment information associated with his or her account, which includes without limitation applicable tax information. If Sidecar believes that it is obligated to obtain tax information and driver do not provide this information to Sidecar after a request, Sidecar may withhold driver payments until such information is provided. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. Driver agrees to pay all applicable taxes, fees or charges imposed by any government or airport entity in connection with participation in the Service. If a driver disputes any payment made hereunder, driver must notify Sidecar in writing within thirty (30) days of such payment. Failure to so notify Sidecar shall result in the waiver by driver of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Sidecar. No other measurements or statistics of any kind shall be accepted by Sidecar or have any effect under this Agreement. We may withhold any taxes, regulatory or governmental fees or other amounts from payments due to you as required by law.
ZERO TOLERANCE POLICY
SIDECAR HAS A ZERO TOLERANCE POLICY FOR THE USE OF ALCOHOL, ILLEGAL SUBSTANCES, OR THE MISUSE OF PRESCRIPTION MEDICATIONS WHILE USING THE SIDECAR PLATFORM.
Passengers should immediately report to Sidecar any driver reasonably suspected to be in violation of this zero-tolerance policy by calling Sidecar using the app, or dialing (888) 229-9163 and emailing us at email@example.com. Drivers will be deactivated from using the Sidecar platform while an investigation takes place.
In Seattle, you may also file a complaint at the Consumer Protection Unit of the City of Seattle’s Department of Finance and Administrative Services at (206) 684-2489 or file a complaint by using the following link: www.seattle.gov/taxi.
In Chicago, you may also file a complaint at the City of Chicago’s Department Public Passenger Vehicle Division at (312) 744-4300 or file a complaint by using the following link: http://www.cityofchicago.org/city/en/depts/bacp/provdrs/consumer/svcs/consumer_cab_complaint.html. You may also reach the Business Affairs and Consumer Protection (BACP) by calling (312) 744-5000 or by emailing BACPPV@cityofchicago.org.
AS REQUIRED BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION, SIDECAR HAS AN ANTI DISCRIMINATION POLICY. USERS ARE PROHIBITED FROM MAKING ANY NEGATIVE RATING, CONDUCT OR SPEECH ON THE BASIS OF OR INFLUENCED BY GENDER, RACE, ETHNICITY, ABILITY, DISABILITY, SEXUAL ORIENTATION, AGE, OR OTHER IMPERMISSIBLE CATEGORY UNDER APPLICABLE LAW. Users agree to report to Sidecar promptly any discrimination related complaint by emailing us at firstname.lastname@example.org . Drivers may be deactivated from the Sidecar system for discriminatory behavior.
Sidecar’s policy is to comply with the Americans with Disabilities Act and not allow discrimination on the basis of the disability of a user. As a result, drivers may not turn away a disabled rider who has a service animal. Further, the Company will require its drivers to make best efforts to make reasonable accommodations for users with disabilities. Sidecar complies with ordinances in certain municipalities that require payment of a small fee per ride into wheelchair accessible funds to ensure the availability of wheelchair accessible vehicles in those geographic areas.
Commercial Insurance Coverage
Sidecar provides a one million dollar ($1,000,000) per incident commercial liability insurance that protects drivers for bodily injury and/or physical property damage claims from passengers and/or third parties in the event that the driver’s personal insurance is inadequate or denied. Coverage begins when the driver accepts a ride request through the Sidecar Platform and ends when the passenger exits the vehicle. This insurance coverage is limited to liability only and does not provide coverage for collision, comprehensive, or wear and tear damage to a driver’s vehicle. In addition, Sidecar offers drivers $50,000 collision insurance coverage per incident. Damage to a Sidecar driver’s car while on an active ride will be covered up to $50,000 with a driver deductible of $500 per occurrence. Sidecar’s coverage is secondary to any other valid and applicable insurance policies that may be held by the driver, and will apply when all coverages from other such insurance policies have been fully exhausted or declined.
In Chicago, Sidecar is a Transportation Network Provider (TNP) licensed by the Business Affairs and Consumer Protection (BACP) agency of the City of Chicago Department of Business Affairs. Sidecar maintains insurance that complies with 9-115-090 of the City’s ordinance governing TNPs, and has provided the BACP of evidence of this insurance, in addition to posting a Chicago Certificate of Insurance (COI) on our website on our Insurance page, or in our mobile app on the Support page. Sidecar’s insurance provides the coverage required by 9-115-090, and will cover claim regardless of whether the Sidecar driver maintains adequate insurance to cover any part of the claim. Further, Sidecar drivers have been directed to provide evidence of our insurance (the COI) to any authorized law enforcement officer upon request when involved in an accident involving the TNP vehicle.
Sidecar is not responsible for personal belongings left in the car by a passenger and the loss of these items is not covered under the commercial liability policy. These include tapes, records, discs or other similar audio, visual or data electronic devices, including smartphones, or any speed-measuring equipment within the vehicle. It is the responsibility of the passenger to ensure they remove all personal belongings from the car after a Sidecar ride. Passengers who lost an item should immediately call Sidecar through the app or contact Sidecar Support promptly so the driver may be contacted to try and locate the lost item. We encourage drivers to immediately notify Sidecar so we can help contact the passenger if a lost item is found. Drivers should make every effort to return the item to the passenger as soon as possible.
As with any insurance policy, additional insurance terms, limitations, and exclusions apply. Parties with claims should submit such a claim to Sidecar Support promptly. Parties with claims agree to cooperate with Sidecar to provide required information sufficient to investigate the claim. Failure to cooperate may result in claims being denied by Sidecar’s insurance company.
Users may terminate this Agreement (and their account) at any time by contacting Sidecar Support. Please note that Sidecar may terminate this Agreement and any user’s account at any time and for any reason. All outstanding driver payments for all rides provided prior to the date of termination will be provided within thirty (30) days of the date of termination.
DISPUTES WITH DRIVERS OR OTHER USERS: YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH DRIVERS OR OTHER SIDECAR USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR AND FACILITATE THE RESOLUTION OF DISPUTES BETWEEN YOU AND OTHER USERS. SIDECAR SHALL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS, OR FOR ITS OR ANY USER’S ACTION OR INACTION.
For all Sidecar accounts, you may never use another User’s account without permission. Specifically, Sidecar drivers may never allow another person to drive the approved vehicle using the Sidecar app. A Sidecar driver who does this will be permanently deactivated.
When creating a user account, users must provide accurate and complete information. Users are solely responsible for the account activity, and are urged to keep the account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Users must notify Sidecar immediately of any breach of security or unauthorized use of an account. Sidecar will not be liable for any losses caused by any unauthorized use of a user’s account.
NO WARRANTY OR GUARANTEE PROVIDED AS TO DRIVER OR PASSENGER SAFETY.
Sidecar has taken commercially reasonable steps (including those required by regulatory authorities) to background check its drivers using a third party background check service, reviewing a drivers’ motor vehicle record, reviewing proof of automobile insurance, and reviewing for a valid driver’s license. This is however, is not to be deemed a warranty or guarantee, either express or implied, for the safety of a ride, the reliability of a driver, a ride or the driver’s vehicle, or for anything else, and Sidecar expressly disclaims all warranties as to its drivers and passengers. A user should take all reasonable steps in determining whether to accept a ride from driver or give a ride to a passenger.
Sidecar is not responsible for any damages (including personal injury, death, property damage, lost time or wages, and the like) resulting from or related to a ride facilitated by the Service, or for resolving any disputes between you and another user. You hereby agree that your use of the Service is at your sole risk.
Users agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Sidecar servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that Sidecar grants the operators of public search engines revocable permission to use spiders to copy materials from side.cr for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting an affiliation with a person or entity, conducting fraud, hiding or attempting to hide an identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
CHANGES TO THE SERVICE
Sidecar may, without prior notice, change the Service; stop providing the Service or features of the Service, to a user or users; or create usage limits for the Service. We may permanently or temporarily terminate or suspend a user’s access to the Service without notice and liability for any reason, including if in our sole determination that user violates any provision of this Agreement, or for no reason. Upon termination, users continue to be bound by this Agreement.
Some areas of the Service allow Users to post content such as photos of your face or your vehicle, profile information, ratings, review, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service, including requests for rides, acceptances and declinations of ride requests, and Suggested Payments are “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Sidecar reserves the right, but is not obligated, to reject and/or remove any User Content that Sidecar believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
USER CONTENT REPRESENTATIONS AND WARRANTIES
In connection with your User Content, you affirm, represent and warrant the following: You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. Your User Content and Sidecar’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights. Sidecar may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
No Liability For User Content. No Liability For User Content. Sidecar takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Sidecar shall not be liable for any damages you allege to incur as a result of User Content.
User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Sidecar a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, only for use in connection with the Service and Sidecar’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Sidecar does not warrant that the Mobile Software will be compatible with your mobile device. Sidecar hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Sidecar account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Sidecar may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Sidecar or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Sidecar reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Sidecar Service.
Passenger, at passenger’s sole and voluntary discretion, may request and accept a ride offer from a driver through the Sidecar Service. Passenger understands that each driver (not Sidecar or its affiliates) bears sole and absolute responsibility for all aspects of a ride, including safety, driving practices, conduct, as well as securing all required licenses, personal insurance, and registrations, and compliance with all applicable federal, state and local laws, rules, and regulations. Sidecar drivers explicitly agree that that he or she is not an employee or independent contractor of Sidecar, but a user of the Sidecar mobile app and a TNC driver as defined by the California PUC or other regulatory agency with jurisdiction over our service. Driver agrees that he or she bears sole responsibility for his conduct and the condition of driver’s vehicle. By accepting a ride with a driver, passenger agrees to comply with this Agreement. Passenger acknowledges that driver is solely responsible for all aspects of a ride, including safety, punctuality, vehicle cleanliness, conduct, and price. Except as expressly provided otherwise herein, passenger agrees to look to the driver, and not to Sidecar, for any complaint, claim, or other issue that passenger may have in connection with a ride; provided that Sidecar reserves the right to intervene and attempt to facilitate resolution of any unresolved dispute. We encourage passengers to provide a review of drivers on the Service to voice their praises or complaints.
Passenger agrees that he or she shall solely use Sidecar for personal, individual and ridesharing purposes only (according to applicable laws) and shall not use Sidecar outside the ridesharing and carpooling exemptions under applicable law or on behalf of any entity or organization. USE OF SIDECAR FOR ANY COMMERCIAL, FOR-PROFIT, NON INDIVIDUAL OR NON RIDESHARING PURPOSES (AS DETERMINED BY SIDECAR IN ITS SOLE AND ABSOLUTE JUDGMENT) UNLESS EXPRESSLY AUTHORIZED BY SIDECAR IN WRITING SHALL RESULT IN IMMEDIATE TERMINATION OF PASSENGER’S ACCOUNT.
In addition to all other representations and warranties made by Users under this Agreement, Users represent and warrant to Sidecar that it has provided Sidecar with accurate and complete identify information. Passenger agrees to conform his or her conduct to the policies set forth in Sidecar’s terms of service.
DRIVER REPRESENTATIONS AND WARRANTIES
By using the Service, a driver represents, warrants and agrees that:
- driver is at least 21 years of age;
- driver possesses a valid driver’s license, is authorized to operate a motor vehicle, and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which such driver uses the Sidecar Platform;
- driver owns, or has the legal right to operate, the vehicle authorized for use on the Sidecar Platform when accepting passengers, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind;
- driver is named or scheduled on the insurance policy covering the vehicle such driver uses when accepting passengers;
- driver has a valid policy of personal or commercial liability insurance (in coverage amounts consistent with all applicable state or federal legal requirements) for the operation of such driver’s vehicle to cover any anticipated losses related to such driver’s provision of rides on the Sidecar Platform;
- driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such driver uses to transport passengers, including, but not limited to personal injuries, death and property damages;
- In the event of a motor vehicle accident, such driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such driver’s insurance carrier;
- driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws;
- driver will not make any misrepresentation regarding Sidecar, the Sidecar Platform, or driver’s status as a driver, offer or provide transportation service in a manner inconsistent with status as a TNC (example, misrepresenting status as a taxi service), request cash as compensation from passengers, or engage in any other activity in a manner that is inconsistent with such driver’s obligations under this Agreement;
- driver will only accept passengers using the vehicle that has been approved by Sidecar and that has undergone any required vehicle inspections;
- driver will not accept cash as payment or any street hails;
- driver agrees to drive in a safe and attentive manner, and to specifically avoid distracted driving (including but not limited to holding a mobile phone while driving, talking on the phone, texting while driving, etc.); and
- driver will wear required trade dress on the vehicle as provided by Sidecar in the manner directed. Driver agrees to display such trade dress is required by both regulatory authorities and Sidecar. Where required by airport or other governmental authorities, Driver agrees to display placards or decals on their vehicles while on airport or other governmental property.
Passenger agrees to conform his or her conduct to the policies set forth in Sidecar’s terms of service. Passengers who act inappropriately may be permanently deactivated from the Sidecar platform.
MOBILE SOFTWARE FROM iTUNES
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Sidecar, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Sidecar as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Sidecar as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Sidecar, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Sidecar acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Certain aspects of the Service may allow you to obtain certain reputational or status indicators and/or fictional property representing virtual achievements (for instance, ratings or “star ratings”) (“Sidecar Property”). You understand and agree that regardless of terminology used, Sidecar Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Sidecar’s sole discretion. Sidecar Property is not redeemable for any sum of money or monetary value from Sidecar at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Sidecar on Sidecar servers, including without limitation any data representing or embodying any or all of your Sidecar Property. You agree that Sidecar has the absolute right to manage, regulate, control, modify and/or eliminate Sidecar Property as it sees fit in its sole discretion, in any general or specific case, and that Sidecar will have no liability to you based on its exercise of such right. All data on Sidecar’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON SIDECAR’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN SIDECAR’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. SIDECAR DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SIDECAR’S SERVERS.
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information, your GPS location relating to ride pick-up and drop-off locations, and aggregate data as set forth in our terms of service, and to have your personally identifiable information collected, used, transferred to and processed in the United States. Users specifically agree to release of their Sidecar ride data to airport authorities who may request such data from Sidecar as a condition of operating on airport property, or regulatory authorities who regulate Sidecar’s services.
If a User chooses to share a Sidecar ride with another User, Users may see each other’s pick-up and drop-off locations, either in person or on the app’s map. Users who share rides specifically consent to this information being disclosed to the other User who is sharing the ride, and Users agree never to disclose this information in any way.
Sidecar cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
ANALYTICS, LOCATION DATA, USE OF INFORMATION
Sidecar may directly collect analytics data, or use third-party analytics tools, to help us measure traffic, safety, security and usage trends for our service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in both individual and aggregate form.
When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse, drive, and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
You agree to defend, indemnify and hold harmless Sidecar and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of a ride that you provide as a driver or a ride that you take as a -passenger.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIDECAR OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN, INCLUDING WITH RESPECT TO DRIVER OR PASSENGER SAFETY. WITHOUT LIMITING THE FOREGOING, SIDECAR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SIDECAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY RIDE YOU REQUEST OR PROVIDE THROUGH THE SIDECAR SERVICE, NOR DOES SIDECAR WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PROPERTY DAMAGE, INCLUDING TO YOUR VEHICLE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF THE RIDE OR YOUR USE OF THE SERVICE.
SIDECAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY RIDE YOU REQUEST OR PROVIDE THROUGH THE SIDECAR SERVICE, NOR DOES SIDECAR WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PROPERTY DAMAGE, INCLUDING TO YOUR VEHICLE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF THE RIDE OR YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIDECAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RIDES FACILITATED BY THE SERVICE. UNDER NO CIRCUMSTANCES WILL SIDECAR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIDECAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (INCLUDING RIDES FACILITATED BY THE SERVICE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SIDECAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID TO YOU BY SIDECAR HEREUNDER OR $1,000.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SIDECAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Since we respect artist and content owner rights, it is Sidecar’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In accordance with the DMCA and other applicable law, Sidecar has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Sidecar may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Notice of Infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Sidecar’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on the Service; Information reasonably sufficient to permit Sidecar to contact you, such as your address, telephone number, and, e-mail address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying Sidecar and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Sidecar’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
The Service is controlled and operated from its facilities in the United States. Sidecar makes no representations that the Service is appropriate or available for use in other foreign locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIDECAR HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR MONITORING OR RESOLVING DISPUTES THAT MAY ARISE BETWEEN USERS OF THE SERVICE (INCLUDING PASSENGERS AND DRIVERS) AS A RESULT OF THE USE OF THIS SERVICE, INCLUDING DISPUTES RELATING TO PROPERTY DAMAGE, OR PERSONAL INJURY, UP TO AND INCLUDING DEATH. SIDECAR HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY DISPUTE THAT ARISES BETWEEN USERS.
GOVERNING LAW AND ARBITRATION
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Sidecar, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration. For any dispute with Sidecar, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. If the matter is not resolved, we each agree to resolve any claim, dispute, or controversy (excluding any Sidecar claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Sidecar agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SIDECAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sidecar without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT.
This Agreement, together with any amendments and any additional agreements you may enter into with Sidecar in connection with the Service, shall constitute the entire agreement between you and Sidecar concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Sidecar’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on December 12, 2014.