Charlie Mobile App Terms and Conditions
Your use of the web sites or apps on which these terms reside (collectively, the “Platform”), and the features at this Platform are subject to this End User License Agreement (this “Agreement”), which sets forth a legally binding agreement between you and Charlie Ride Free, Inc (“Company”). Please read this Agreement carefully before using this Platform. By checking the “I ACCEPT” box during log in to this Platform, you are agreeing to all the terms of this Agreement. WITHOUT LIMITATION OF THE FOREGOING, CHECKING “I ACCEPT” INDICATES THAT YOU AGREE BY ELECTRONIC MEANS TO THE TERMS OF THIS AGREEMENT AND ACCEPT THE DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, A WAIVER OF THE RIGHT TO CLASS ACTION, AND A CHOICE OF CALIFORNIA LAW AS SET FORTH HEREIN. If you do not agree to the terms contained in this Agreement, then you may not use the Platform.
You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Platform and Company Property (as hereinafter defined). You represent that you have the legal authority to bind yourself or any party you represent to this Agreement.
From time to time we may update this Platform, Company Property, and this Agreement. Your use of the Platform and Company Property after we notify you of any changes to this Agreement constitutes your agreement to those changes. Company may, in its sole discretion, and at any time, discontinue this Platform, Company Property, or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform or Company Property and Company will have no liability to you if this Platform or Company Property is discontinued or your ability to access the Platform and/or Company Property is terminated.
YOU MAY NOT USE THE PLATFORM OR COMPANY PROPERTY FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
To the extent permissible by applicable law, your use of this Platform after we post any changes to this Agreement constitutes your agreement to those changes prospectively from the date of such changes. Users of the mobile app Platform expressly consent to receive push notifications from and on behalf of Company, push notification settings can be changed from within the mobile app.
Grant of License
Any software or other content contained in the Platform or provided by Company in connection with the Platform (including, without limitation, applications or “apps”, firmware, code, files, images, videos, contained in or generated by the Platform, accompanying data, Boot ROM code and other embedded software) (excluding technology from the open source community, “Software”), Updates (as defined below), documentation and any accompanying fonts (“Documentation”, and together with Platform, Software, Documentation, and Updates, “Company Property”), whether in read-only memory, on any other media or in any other form, are licensed to you, on a non-exclusive and non-transferable basis, by Company for your personal, non-commercial use subject to the terms of this Agreement in connection with the operation of the Platform. Where Company Property is provided for download onto a personal computer or mobile device, you can make as many copies of the Company Property (not including firmware) as you reasonably need for your personal, non-commercial use. This Agreement sets forth the terms and conditions governing your use of any and all Company Property, excluding, for the avoidance of doubt, technology from the open source community. Pursuant to the license granted herein, you may use the Company Property in the manner described in the user manual and Documentation for the Company Property.
You acknowledge that any reliance on the Company Property will be at your own risk. Company also makes no representations regarding the amount of time that any Company Property will be preserved. The Company Property is intended only for the lawful use by users of the Platform. The Company Property, and the selection, coordination, and arrangement thereof, is owned either by Company, and/or its respective licensors. You acknowledge having been advised by Company that the Company Property is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws. You represent and warrant that you will use the Company Property only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify Company if any of your information changes. Company makes no representation that the Company Property is appropriate or available for use in particular locations.
The Company Property is licensed, not sold to you, by Company subject to the terms of this Agreement. The rights granted herein are non-transferable, and are limited to Company’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Platform on one device at a time. You may not make the Platform available over a network where it could be used on multiple devices at the same time. This Agreement does not grant you any rights to use Company proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Platform or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Platform is prohibited without express prior written approval from the Company. This Agreement does not entitle you to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform or Company Property.
You agree not to download, display, or use the Platform and/or any Company Property in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Company or its licensors’ property, or that otherwise infringes Company or its licensors’ intellectual property rights. You further agree to in no other way misuse the Platform, Company Property, or third party content.
Through the Platform, you may be able to purchase for Company products or services, for example Charlie Credits. To be able to pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company and/or any required third parties providing the mobile payment services the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by you, on your behalf, or by your account through the Platforms, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
You may have the opportunity to earn Charlie Credits through your use of the Platform. For information and terms and conditions in connection with the Charlie Credit Program please see the program details at the end of these Terms and Conditions.
Use of the Platform
The following requirements apply to your use of the Platform:
You will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, fraudulent, obscene, or threatening, or otherwise breaches the terms of this Agreement.
You will not use Platform to upload, post, email, or otherwise transmit any material that contains software viruses or other harmful computer code, files or programs, or to circumvent, disable or otherwise interfere with security-related features of the Platform or otherwise interrupt, limit, or interfere with the functionality of any computer software, hardware, or telecommunications equipment.
You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not use the Platform to collect or harvest any third party’s personally identifiable information without authorization from such individual, to send unauthorized commercial communications or to invade the privacy or other rights of any third party.
You will not use the Platform for any commercial purpose not expressly approved by Company in writing.
You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” political campaigning, or any other form of solicitation or unauthorized communication.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you will not modify the Platform without receiving prior written consent from Company.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform you will not lease, sublicense, resell, redistribute, create derivative works from, or otherwise transfer (except as expressly permitted above), whether for commercial purposes or otherwise, the Platform.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you will not reverse engineer, disassemble, attempt to derive the source code of, modify, or decompile the Platform or otherwise try to reduce the Platform to a human-readable form.
You will not remove, alter, or cause to not to be displayed any copyright, trademark or other startup messages or proprietary notices from the Platform.
You will not use the Platform to develop a competing platform or other product.
Any attempt to use the Platform in a manner prohibited by this Agreement is a violation of the rights of Company and its licensors of the Platform. If you breach this restriction, you may be subject to prosecution and damages.
Promotions; Sweepstakes; Contests
From time to time, promotional offers, sweepstakes or contests may be available through the Application. Promotional offers may be redeemed as described in the specifics of the promotion. Promotional offers cannot be redeemed for cash and are subject to certain restrictions as determined by Company in its sole discretion. If you elect to receive a promotional offer, additional conditions may apply. Sweepstakes and contests are also governed by the respective Official Rules and are sponsored by the listed Sponsor.
Interactive Features and User Generated Content
On certain areas of our Platform, such as messaging features, you may be given the opportunity to interact with other users. Use of any interactive features of the Platform is governed by and subject to the following terms (“Communication Rules”). Company may terminate your account if we believe, using our sole discretion, that you have violated any of these Communication Rules, the terms in this Agreement, or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Platform, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Posting Rules, the law, or are otherwise inappropriate. Company does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Platform.
Responsibility of Postings: You understand and acknowledge that messages and postings are the sole responsibility of the author, and that Company is not responsible for the message, or information, data, text or other materials in any message that is uploaded or posted by you or that may appear in a user message or other interactive feature (“Messages”). Opinions expressed in Messages do not necessarily reflect the opinions of Company.
No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Company.
No Violations of Third Party Rights: You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Company. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party (as well as rights of publicity and privacy). You agree that you will not collect or store personal data about other users.
No Commercial Use: The messaging features and other forums we provide on the Platform are intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that you will not upload, transmit, email, or post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
No Viruses, Corrupting Files or Interference: You agree that you will not include in any content you upload, post, or otherwise transmit, any software, files or links to other sites, and that you will not post any content that contains viruses, Trojan horses, spyware, corrupted files, or any other similar software or programs that may adversely affect the operation of Company’s system or a third party’s computer. You further agree that you will not post any content that undermines the operation of the Platform, a message board, chat room, forum, or other feature.
If you believe that a Message was posted in violation of these Posting Rules or this Agreement, please copy the text of the Message into an email and submit to firstname.lastname@example.org. Company may, but typically will not, acknowledge receipt of your complaint. You agree that Company cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Platform. For more information on submitting complaints, please contact email@example.com. Without limiting Company’s rights or remedies, violations of any of the above rules may result in a warning notification, removal of offending content or termination of your account.
Communicating with Company
The Company always welcomes consumer feedback and appreciates your interest in sharing your thoughts with the Company. However, it is the Company’s policy not to accept or consider unsolicited ideas from outside the Company, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Should you submit an idea to the Company, despite Company’s policy, Company will treat the information as non-confidential and non-proprietary and Company will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.
Without limiting the previous paragraph, all postings, remarks, suggestions, ideas, graphics, or other information that you communicate to Company through the Platform (including but not limited to any message communicated through our forms, bulletin boards, email, or other means) (collectively, “Submissions”) becomes and remains the Company’s property. Accordingly, you agree that (a) Company will not treat any such Submission as confidential, (b) you cannot sue Company or initiate any action against Company for using the ideas you submit (including, but not limited to, product or advertising ideas), (c) Company does not have to pay you or anyone else if Company uses your Submission or anything similar, and (d) Company will have exclusive ownership of all present and future rights to Submissions of every kind, and that Company can use them for any purpose, without compensating you or anyone else for them.
Mobile Service, Internet, and Service Fees
The use of the Platform on a mobile device (whether the mobile app Platform or mobile web Platform) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Updates, from Company, your mobile carrier or third party service providers. IF YOU DO NOT HAVE AN UNLIMITED WIRELESS MOBILE DATA PLAN, YOU MAY INCUR ADDITIONAL CHARGES FROM YOUR WIRELESS SERVICE PROVIDER IN CONNECTION WITH YOUR USE OF THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY ADDITIONAL SUBSCRIPTION OR CONNECTIVITY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE PLATFORM, INCLUDING BUT NOT LIMITED TO PAYMENT OF ALL THIRD PARTY FEES ASSOCIATED THEREWITH, INCLUDING FEES FOR INFORMATION SENT TO OR THROUGH THE PLATFORM.
The Platform may not work with all computers, browsers, devices or all mobile carriers. Company makes no representations that the Platform will be compatible with or provided by all computers, browsers, devices, or mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Accounts, Passwords, and Security
Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all.
You understand that certain offers, services and features that may be available on the Platform may be subject to additional specific terms and conditions. In the event of any conflict between this Agreement and any such specific terms and conditions, the specific terms and conditions will control. You also understand and agree that certain offers, services and features may be made available on the website version(s) of the Platform and not on the mobile app version(s) of the Platform, and vice versa.
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including any activities undertaken with your device. You agree to notify Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Company shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.
Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
Representations, Disclaimer of Warranties, and Limitations of Liability
Company and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, suitability, functionality, performance, availability, operation or adequacy of Company Property or any information, facts, views, opinions, statements, or recommendations otherwise contained on the Platform. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Company or the Company Affiliates.
SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, GUARANTEES, OR CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, SOME OF THE EXCLUSIONS HEREIN MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, COMPANY’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Agreement is not intended to and does not change or exclude any statutory consumer rights that cannot be lawfully changed or excluded. The enforceability of these limited warranties may vary based on the local laws applicable to you, and you may have additional rights depending on where you live.
Company and the Company Affiliates are not responsible for any resulting damage to any user’s device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction in connection with your use of this Platform. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing Company or the Company Affiliates any information or posting information to the Platform. Company and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform or the Company Property.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM (INCLUDING ALL PLATFORM UPDATES) AND THE COMPANY PROPERTY ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. COMPANY AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND COMPANY PROPERTY. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE COMPANY PROPERTY WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY PLATFORM UPDATES AND COMPANY PROPERTY) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN COMPANY PROPERTY WILL BE CORRECTED, OR THAT THE PLATFORM AND COMPANY PROPERTY WILL BE FREE FROM ATTACH FROM COMPUTER VIRUSES OR OTHER SYSTEM THREATS. No oral or written information or advice given by Company or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty.
YOU AGREE THAT COMPANY AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, BUSINESS INTERRUPTION, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PLATFORM, COMPANY PROPERTY AND/OR ANY MESSAGES; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PLATFORM AND/OR COMPANY PROPERTY; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS, OR INACTIONS OF PLATFORM USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PLATFORM USERS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE COMPANY PROPERTY OR RELATED INFORMATION OR PROGRAMS. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED $10.00 USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK.
BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM, AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR MISUSE OF THE PLATFORM OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
Links to Third-Party Platforms and Services
The Platform may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Platform may allow you to add/configure certain Third-Party Services to your device. The Platform may also permit you to login to the Platform through a Facebook or other social media account. Company has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on Company servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Company is not responsible for these companies, or their use of any other of your information. YOUR USE OF THIRD-PARTY WEBSITES, PRODUCTS, SERVICES, AND RESOURCES IS AT YOUR OWN RISK.
Charlie Ride Free, Inc. is in no manner responsible for any services provided by Uber. Any concerns, questions, complaints or requests in connection with Uber services should be directed to Uber directly. As between you and Company, you are solely responsible for your use of the Uber service.
Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device.
Binding Arbitration; Waiver of Classwide Arbitration
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE COMPANY PROPERTY IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes a binding agreement between you and Company, and is accepted by you as provided above. This Agreement constitutes the entire agreement between you and Company governing your use of the Platform, superseding any prior agreements between you and Company relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
By using the Company Property, you agree that the laws of the United States and the State of California, without regard to conflicts of laws principles, will apply to all matters relating to use of the Company Property and this Agreement, and any matters or proceedings which are not subject to arbitration as set forth herein, shall take place in the State of California. You agree that any disputes, claims, and causes of action arising out of or connected with the Company Property and/or this Agreement will be resolved individually, without resort to any form of class action.
Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.
The Company Property is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Company Property. These laws include restrictions on destinations, end users and end use. You may not use or otherwise export or re-export the Platform except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any U.S. embargoed countries, or that has been designated by the U.S. Government as a “terrorist supporting country” or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You also agree that you will not use the Platform for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact Company at firstname.lastname@example.org.
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other. The failure of Company to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, territorial, or local governmental authorities, or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of this Agreement.
Users of the Apple Mobile App Platform
If you download and/or use our iPhone or iPad Platform: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Company and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Platform End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the “Licensed Platform” as defined in the LAEULA and Company is considered the “Platform Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Platform.
Mobile App Platform Updates
Company may make available for download certain Platform updates or upgrades to the Platform to update, enhance, or further develop the Platform (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Platform on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by Company.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of Company and its licensors of the Platform and Platform Updates. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Platform and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
Company may, at its discretion, automatically upload Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any costs associated with receiving them. The Platform and Platform Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Platform and Platform Updates. These laws include restrictions on destinations, end users, and end use.
© 2016 Charlie Ride Free, Inc. All rights reserved.