These Terms of Service are effective as of June 2, 2023.
Please read these terms carefully before using this site, as these terms affect your legal rights.
Important notice: Arbitration agreement and class action waiver: By using this site, you agree to be bound by the terms of service, you agree that all disputes between us will be resolved by binding arbitration, except for certain limited types of disputes described below. Your agreement to arbitration means you are giving up the right to go to court and the right to a trial by jury, and instead, disputes will be decided by a neutral arbitrator. You also agree that all disputes between you and SafeRideHealth (“SafeRide”), whether in court or in arbitration, will be brought only on an individual basis and you are waiving your right to bring or participate in a class arbitration or class action. This is further explained in clause 2(f), below.
1. Acknowledgment and Acceptance of Terms of Service.
a. Acknowledgment. These Terms of Service apply to the User’s (“you” or “your”) use of the SafeRide website and the various related content, applications, software, and materials offered through or in conjunction with the website (collectively, the “Website”). By using the Website, you agree to be legally bound by this agreement and the terms outlined herein. Please review them carefully before using the site. Your remedy for dissatisfaction with the Website is your termination of use of the Website.
2. Use of the Website.
a. Content. SafeRide provides the contents of the Website for personal, noncommercial use. All materials published or available on the Website (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, metadata, data, or compilations, (“Content”) are owned by SafeRide or the party credited as the provider of the Content. You are responsible for providing all equipment necessary to use the Website, including a mobile phone, computer, internet access (including payment of all fees associated with such access).
b. Noncommercial Use. The Website shall be only used in a noncommercial manner. You shall not, without the express approval ofSafeRide, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You may not use all or part of the Website to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Service.
c. Rights Reserved. SafeRide reserves the sole right to modify or discontinue the Website, including, without limitation, any of the features and Website, at any time with or without notice to you. SafeRide shall not be liable to you or any third party for such modifications or discontinuations. Any new features added to the Website are similarly subject to these Terms of Service.
d. Inbound Linking, Framing, and Metatags. SafeRide grants the User permission to make referential links to any of the publicly accessible webpages on the Website that are not password protected. This permission may be unilaterally rescinded by us at any time and for any reason. Please be aware that we continually update and revise the Website. We do not accept responsibility for ensuring that any page to which you may provide a link will remain available or that its content will remain the same. You may not link to the website in any way that might lead others to believe that the Website, or any of its content or services, were created or are operated by you or any other party than the Company. Without a written agreement to do so, you may not frame or otherwise display any portion of the Website, or any of its content, not may you place any text or content on your website in any manner that states or implies that there is any association between you and the Company.
e. Prohibited Uses. You may not access or use, or attempt to access or use, the Website to take any action that could harm SafeRide or a third party. You may not use the Website in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support any else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof. Without SafeRide’s prior written consent, you shall not:
i. Upload, share, post, transmit, or otherwise distribute or facilitate distribution of any content that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions;
2. Victimizes, harasses, degrades, defames, or intimidates an individual or group of individuals on any basis, including, but not limited to, religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patient, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party; or
4. Impersonates any person or entity, including any of SafeRide’s employees or representatives.
ii. Access any part of the Website, Content, data or information you do not have permission or authorization to access or for which SafeRide has revoked your access;
iii. Use robots, spiders, scripts, service, software, or any manual or automatic device, tool, or process designated to data mine or scrape the Content, data or information from the Website, or otherwise access or collect the Content, data or information from the Website using automated means;
iv. Make unsolicited offers or proposals to other users, including, but not limited to advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation;
v. Cache or archive the Content;
vi. Take action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
vii. Defraud other users;
viii. Knowingly damage or interfere with the operation of or any user’s enjoyment of the Website, by any means, including, but not limited to uploading or otherwise disseminating viruses, worms or other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, damaging or obtaining unauthorized access to any data or other information of any third party or making repeated or automated “hits” on the website with the intention or likely impact of causing delay or loss in availability of the Website;
ix. Use services, software, or any manual or automatic device, tool or process designed to circumvent any restriction, condition or technological measure to disable, circumvent, avoid, bypass, remove, deactivate, impair, or otherwise interfere with security-related features of the Website, features that enforce restrictions or limitations on use of the Website, or prevent or restrict use or copying of any content or other material accessible through use of the Website;
x. Use the Website to download any file or other content posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performance and/or distributed in such manner;
xi. Breach security of an account or attempt to gain unauthorized access to another network or server;
xii. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising, underlying, or in any way contributing to the site; or
xiii. Otherwise access or use the site in violation of these Terms of Service or any applicable license. Engaging in a prohibited use of the Website may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.
f. Governing Law. These Terms of Service are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Legal action arising under these Terms shall be brought exclusively in the federal or state courts located in Los Angeles County, California, and you consent to exclusive jurisdiction of these courts.
g. Disputes. Any dispute with respect to the Website is to be resolved through binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and SupplementaryProcedures for Consumer Related Disputes in effect at the time of the dispute, and be conducted in Los Angeles County in the State of California. Each party is responsible for their own fees as they relate to administrative and arbitrator fees in accordance with AAA rules. Claims must be brought in the User’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless agreed to otherwise by SafeRide, claims by more than one individual may not be consolidated by the arbitrator.
3. Third Party Content.
a. Third Party Websites. The Website may link you to other websites on the internet or otherwise include references to content and/or services provided by third parties. These other websites, content, services, and parties are not under SafeRide’s control, and you acknowledge we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect thereof or for errors omissions in any references thereto. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website, Content, or service provided by us, or any warranty of any kind, either express or implied.
b. Third Party Opinions. SafeRide is not responsible for any opinions, advice, statements made, or content provided by third parties. We neither endorse nor assume any liability for any content uploaded, transmitted, or submitted by or any conduct of users of the Website. Except as required by law, we do not pre-screen, monitor, or edit the content uploaded, transmitted, or submitted by users of the Website, although we reserve the right to do so.
4. Security and Data Privacy.
a. Information Security. SafeRide implements and maintains technical, administrative, and physical security measures to protect the User’s information from unauthorized access, destruction, use, modification, or disclosure.
5. Disclaimer of Warranties.
a. No Warranties. Unless stated otherwise in the Terms of Service, the Website is offered “AS IS,” without any warranties, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. SafeRide makes no warranties regarding the quality, reliability, accuracy, timeliness, or security of the Website or any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Website by any user, information provider, or any other person or entity, or that the Website will be uninterrupted or error free. You should not rely on this content as a substitute for, nor does it replace, professional medical, legal, financial, or tax advice. If you have any concerns or questions about your health or the content on the Website, you should always consult with a physician or other health-care professional. SafeRide assumes no responsibility or liability for the deletion or failure to store, or to store properly, any electronic data other than as required under law. Users assume the entire risk in downloading or otherwise accessing its data, files or other materials obtained from third parties as part of the Website. You hereby acknowledge that the use of theWebsite is at your sole risk.
6. Limitation of Liability; Indemnification.
a. Limitation of Liability. In no event shall SafeRide, its affiliates and their respective shareholders, directors, officers, employees, advertisers, suppliers, content providers, and licensors be liable (jointly or severally) to you or any other person as a result of your access or use of the Website or content (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any losses that the User might suffer for any consequential, incidental, indirect, special, exemplary, or punitive damages, including, without limitation, lost profits, lost savings, lost revenues, or lost goodwill or expenses as a result of their access and use of the Website, including any computer problems. These limitations apply whether the parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective or any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the parties’ liability will be limited to the fullest extent permitted by applicable law.
b. Indemnification. You agree, to the extent permitted by law, to defend, indemnify, and hold harmless SafeRide and its affiliates, officers, directors, agents, and employees from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) resulting from or related to your violation of theseTerms or your use of the Website. In other words, if SafeRide is sued because of something a User has done when accessing and using the Website, User agrees to defend that lawsuit and reimburse SafeRide for any money we have to spend to defend ourselves.
7. Changes to these Terms of Service.
a. Changes. SafeRide may change the Terms of Service from time to time. When material updates are made, the Terms of Service version date will also be updated to reflect that a revision occurred, and you will be alerted of the changes through a notice posted on www.SafeRideHealth.com, via email, and/or another means. Such changes shall become effective immediately upon posting. We encourage you to reread these Terms of Service to determine if any changes may affect you. A User of the Website is bound by any changes to the Terms of Service when he or she uses the Website after such changes have been posted. These Terms of Service are not intended to, and do not create any contractual or other legal rights in or on behalf of any party.
b. Violations. You agree to report any violations of the Terms ofService to SafeRide as soon as you become aware of them.
c. Waiver. Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall in no way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.