Legal

U.S. Terms of Use

Last Modified: April 02, 2019
Effective Date: May 22, 2018

Rydelinx, LLC (“Rydelinx”) offers a mobile application (the “Rydelinx app”) which enables Riders and Third-Party Drivers (defined below) to be matched to each other for the purpose of providing and receiving transportation. Any decision by a Rider or Third-Party Driver to offer or accept Services is a decision made in such User’s sole discretion. Each transportation service provided by a Third-Party Driver to a Rider shall constitute a separate agreement between such persons. These Terms and Conditions ("Terms") govern your access and use of the Rydelinx application, website, content, products, and services (the "Services"), as more fully defined below. By accessing or using the Services, you are agreeing to be bound by these Terms. These Terms expressly supersede any prior agreements between you and Rydelinx. These Terms and Conditions ("Terms") govern your access and use of the Rydelinx application, website, content, products, and services (the "Services"), as more fully defined below. By accessing or using the Services, you are agreeing to be bound by these Terms. These Terms expressly supersede any prior agreements between you and Rydelinx. These Terms and Conditions ("Terms") govern your access and use of the Rydelinx application, website, content, products, and services (the "Services"), as more fully defined below. By accessing or using the Services, you are agreeing to be bound by these Terms. These Terms expressly supersede any prior agreements between you and Rydelinx. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RYDELINX.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RYDELINX.

Definitions

“Services” means the Rydelinx mobile application and related services which enable Users to arrange and schedule transportation.

“User” means any individual or entity that accesses or uses the Services.

“Rider” means any individual or entity that uses the Services to request transportation.

“Third Party Driver” means any individual that has entered into an agreement with Rydelinx to provide transportation to Rydelinx Users.

“User Account” means an active personal user services account accessible through the Rydelinx app or website.

“User Content” means textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions created by Users which is submitted, uploaded, published or otherwise made available to Rydelinx through the Services.

Amendments and Supplemental Terms

Rydelinx reserves the right to amend or modify these Terms at its discretion. Amendments are effective upon Rydelinx's posting of such updated Terms via the Rydelinx app or by email communication directly to Users. Your continued access or use of the Services after such disclosure of amendment constitutes your consent to be bound by the amended Terms. You may reject any amendments to the Terms occurring after the date on which you agreed to the Terms by providing Rydelinx written notice of such rejection within 30 days of the effective date of any such amendment. This written notice must include your full name and your explicit rejection of the relevant amendments and be sent either by mail to: Rydelinx, LLC, P.O Box 4185, Manchester, NH 03108, or by email from the email address associated with your User Account to: support@rydelinx.com. By rejecting such amendments, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

Supplemental Terms may apply to certain services (e.g. policies for a particular event, activity or promotion). Supplemental Terms will be disclosed to you via the Rydelinx app in connection with the applicable service(s). Supplemental Terms shall be deemed a part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to the applicable service(s), Supplemental Terms shall prevail.

Limited License

The Services and all rights therein are and shall remain the property of Rydelinx or its licensors.

Neither these Terms nor your use of the Services convey or grant to you any rights:
(i) in or related to the Services except for the limited license granted below;
or
(ii) to use or reference company names, logos, product and service names, trademarks or any other services marks belonging to Rydelinx or its licensors.

Subject to your ongoing compliance with these Terms, Rydelinx grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Rydelinx mobile application and any content, information and related materials on your personal device solely in connection with your use of the Services. Any rights not expressly granted herein are reserved by Rydelinx and its licensors.

Prohibited Activities

The following activities are expressly prohibited:

  • removing any copyright, trademark or other proprietary information from any portion of the Services;
  • reproducing, modifying, preparing derivative works based upon, leasing, selling, transferring, publicly displaying or performing or otherwise misusing the Services except as expressly permitted by Rydelinx;
  • modifying, adapting, translating, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Services or any software used on or for the Services, except as permitted by law;
  • linking to or mirroring any portion of the Services without prior written authorization or use meta tags or code or other devices containing any reference to Rydelinx in order to direct any person to any other website for any purpose;
  • causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
  • posting, emailing or otherwise transmitting any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • interfering with or disrupting the Services or the servers or networks connected to the Services;
  • attempting to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
  • transferring or selling your User Account, password and/or identification to any other party;
  • discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
  • using the Rydelinx app to identify and solicit Riders on behalf of another company; or
  • causing any third party to engage in the restricted activities above.

User Accounts

To use the Services, you must register for and maintain an active personal user services account ("User Account").

You must be at least 18 years of age to obtain a User Account, unless otherwise permitted by these Terms.

To register a User Account, you must provide your name, address, mobile phone number and age, as well as at least one valid payment method supported by Rydelinx. You are required to maintain accurate, complete, and up-to-date information in your User Account. Any failure to do so, including having an invalid or expired payment method or document on file, may result in your inability to access or use the Rydelinx Services. You are responsible for all activity that occurs under your User Account.

Riders you may authorize third parties to use your User Account, and you may allow persons under the age of 18 to use your User Account to request Services or receive transportation once they are permissioned by you. Drivers you may not assign or otherwise transfer your User Account to any other person or entity, and you agree that you are the sole authorized user of your User Account. Rydelinx expressly disclaims any liability arising from the unauthorized use of your User Account.

Rydelinx’s collection and use of personal information in connection with the Services is described in Rydelinx's Privacy Policy located at www.rydelinx.com/privacy-policy.

Access and Data Usage

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply when you access or use the Services from your mobile device.

Charges and Fees

As a Rider, you agree to pay the full amounts charged for your use of the Services (“Charges”). Your fare may change based on rates provided if the length of your trip changes.

Charges include fares and applicable taxes where required by law and may include other applicable fees, tolls, and/or surcharges. You may also choose to provide a tip to the Third-Party Driver, though you are under no obligation to do so. You may elect to cancel your request for Services at any time prior to the commencement of such Services.

Any cancellation should be done before five minutes to avoid cancellation charges.

After five minutes you will be charged 25% of your total fare as a cancellation fee.

As a driver you agree to honor payment agreement deductions from base fare and cancellation fees.

Rydelinx deducts 18% ofeach base fare and each cancellation fee.

All Charges and payments will be enabled by Rydelinx using the preferred payment method designated in your User Account, after which you will receive a receipt by email.

All methods of payment should be valid at time of requesting Services.

If your primary User Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Rydelinx will not be able to facilitate a Rydelinx Service.

Charges paid by you are final and non-refundable, unless otherwise determined by Rydelinx.

As a Driver, you agree to pay an amount 18% of your base fare on each ride as a commission fee to Rydelinx.

As a Driver, you agree to honor all key compliances on 1099 filing.

Rydelinx reserves the right to establish, remove and/or revise the Charges at any time.

Rydelinx will use reasonable efforts to inform you of any change in Charges, provided that you will be responsible for Charges incurred under your User Account regardless of your awareness of such Charges or the amounts thereof.

As a Driver you agree to use only commercial insurance policy, and valid airport permit for airport pickup. You must follow state rules and laws regarding airport regulations.

As a Driver you agree to provide all valid documentation in your application to become a Rydelinx Driver as requested by Rydelinx.

Failure to do so may affect your approval or activation to become a Rydelinx Driver.

Promotional Codes and Marketing

Rydelinx may, at its sole discretion, offer promotional codes ("Promo Codes") that may be redeemed for discounts on future Services or other features or benefits related to the Services, subject to additional terms.

Rydelinx may also offer incentives to refer new Users to Rydelinx, in the form of credits to your User Account (“Referral Credits”).

Such incentives are subject to your continued adherence to these Terms.

You agree that all Promo Codes and Referral Credits must be used for the intended recipient(s) and purpose in a lawful manner and pursuant to any specific terms Rydelinx establishes, and may not be duplicated, sold or transferred or made available to the general public unless expressly permitted by Rydelinx.

Such Promo Codes and Referral Credits are not valid for cash and may expire prior to use.

Rydelinx reserves the right to withhold or deduct credits or other benefits obtained through the use of Promo Codes by in the event that Rydelinx determines or believes that the use of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of applicable promotions or these Terms.

You agree that Rydelinx may contact you by telephone or text message at any of the phone numbers provided by you through your User Account for marketing and other purposes.

You are required to provide this consent as a condition of using the Rydelinx app. You may direct any questions to Rydelinx by contacting support@rydelinx.com.

User Content

By providing User Content (defined in Section I above) to Rydelinx, you grant Rydelinx a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your User Content, and to use, copy, perform, display and distribute such User Content, to prepare derivative works, or incorporate such User Content into other works, in any media, format and/or distribution channel now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that either you are the sole and exclusive owner of all User Content you submit via the Rydelinx app, or you have all rights, licenses, consents and releases necessary to grant Rydelinx the license to the User Content as set forth above. You further represent and warrant that neither the User Content, nor your submission, uploading or publishing thereof, nor Rydelinx's use of the User Content as permitted herein, will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree that you are solely responsible for your User Content and your interactions with other members of the public, and that Rydelinx acts only as a passive channel for your online posting of your information.

User Conduct and Safety

You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).

You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage.

In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

You may not impersonate any person or entity, stalk, threaten or otherwise harass any person, or carry any weapons while using the Services. Prior to engaging in transportation services via the Rydelinx app, all Third Party Drivers are required to provide proper, active documentation, including a copy of their driver’s license, proof of commercial insurance, vehicle registration and vehicle information such as make, model and color. Such information must be kept active and current.

Any failure to comply with these requirements may result in suspension or termination of your User Account and ability to use the Services.

A Third-Party Driver providing transportation services pursuant to a User Account must match the user and vehicle information registered under that User Account.

Users, Riders and Third-Party Drivers should act professionally while using the Services.

Third-Party Drivers should dress in clean and appropriate attire (e.g. “business casual”).

Riders and Third Party Drivers should not engage in any physical contact or inappropriate language.

Riders shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your User Account in excess of normal "wear and tear" ("Repair or Cleaning").

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Rydelinx in its sole discretion, whether or not such material may be protected by law.

Rydelinx may review, monitor, or remove any User Content, at Rydelinx's sole discretion and at any time and for any reason, without notice to you.

Rydelinx is not responsible for the conduct, whether online or offline, of any User of the Services.

Disclaimers and Limitation of Liability

The following disclaimers are made on behalf of Rydelinx, its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders:

RYDELINX HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Rydelinx makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability safety or availability of the Services or any transportation services provided thereunder, or that the Services will be uninterrupted or error-free. Rydelinx does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.

In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Rydelinx shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damages related to, in connection with, or otherwise resulting from any use of the Services, including your inability to access or use the Services.

You acknowledge and agree that Rydelinx is not a transportation carrier.

You agree that Rydelinx has no responsibility or liability to you related to any transportation provided to you by a Third-Party Driver other than as expressly set forth in these Terms.

Rydelinx does not provide insurance related to any transportation services requested through the Rydelinx app.

Third Party Drivers are required to be covered at all times by their own commercial insurance.

Location data provided by the Rydelinx app is intended for basic location purposes only and is not intended for situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to property damage, personal injury, or death.

Rydelinx expressly disclaims any liability resulting from the inaccuracy, unavailability or unreliability of location data tracked or displayed by the Services.

Indemnification

You agree to defend, indemnify and hold harmless Rydelinx and its affiliates and their officers, directors, employees, and agents from any and all claims, actions, suits, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or transportation services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Rydelinx's use of your User Content; and/or (iv) your violation of any law or the rights of any third party, including, without limitation, Third Party Drivers, Riders, Users and other motorists and pedestrians as a result of your own interaction with such third party.

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Choice of Law

These Terms are to be governed by and construed in accordance with the laws of the state of New Hampshire without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement below or in Supplemental Terms.

The foregoing choice of law and forum selection provisions do not apply to the arbitration clause below or to any arbitrable disputes as defined therein. Instead, the Federal Arbitration Act shall apply to any such disputes.

Dispute Resolution and Arbitration Agreement

PLEASE REVIEW THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH RYDELINX ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Rydelinx on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Rydelinx, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Rydelinx by someone else. It also means that you are waiving any right to a jury trial.

Any dispute, controversy or claim arising out of or relating in any way to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or your access to or use of the Services, shall be exclusively resolved by binding arbitration, with the sole exceptions of individual actions in small claims court, and actions for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

Any demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement.

The parties agree that the arbitrator (“Arbitrator”) shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.

The Arbitrator shall also be responsible for determining all threshold arbitrability issues (e.g. defenses such as waiver, delay, laches, or estoppel).

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement is a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will apply to the interpretation, enforcement and proceedings thereof.

It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.

If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New Hampshire.

The parties agree that the Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state of New Hampshire and will be selected by the parties from the AAA's roster of consumer dispute arbitrators.

If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

The Arbitrator’s decision shall be final and binding on all parties.

Notice

Rydelinx may give notice by means of a general notice via the Rydelinx app, by electronic mail to the email address listed in your User Account, by telephone or text message to any phone number provided in connection with your User Account, or by written communication sent by first class mail or pre-paid post to any address connected with your User Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone).

Any Notice to Rydelinx required or authorized under these Terms shall be made by first class mail or pre-paid post to P.O Box 4185, Manchester, NH 03108. Notice shall be deemed given when received by Rydelinx.

Assignment

These Terms are not assignable without Rydelinx's prior written consent.

Rydelinx may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Rydelinx's equity, business or assets; or (iii) a successor by merger.

Any purported assignment in violation of this section shall be void.

No joint venture, partnership, employment, or agency relationship exists between you, Rydelinx or any Third-Party Driver as a result of these Terms or use of the Services.

Severability

If any provision of these Terms is held to be invalid or unenforceable, including, but not limited to, all provisions regarding arbitration, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

Waiver

Rydelinx's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right.