Terms of Use

Arrow-Down_White2.png

Terms of Use

Last updated July 20, 2021

These Terms of Use[“terms or Terms”] establish an agreement between all users [transportation organizers, customers, transportation service providers, DTM(s); collectively further known as you, your] and JumpRydz LLC [further known as JumpRydz, us, our or we]. These terms regulate your use of the JumpRydz websites, mobile apps and all other relative products or services [further known as “JumpRydz platform” or “platform”].

PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE LEGALLY BOUND TO THESE TERMS OF USE, CONDITIONS AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE JUMPRYDZ PRIVACY POLICY [hyperlink], WHICH IS PART OF THIS AGREEMENT. JUMPRYDZ RESERVES THE RIGHT TO CHANGE, UPDATE OR MODIFY THESE TERMS, POLICIES OR PLATFORM FEATURES AT ITS SOLE DISCRETION. BY USING THE PLATFORM YOU AGREE TO ANY MODIFICATIONS MADE.

These terms also include our Ride Policy, Fare Schedule, Drug and Alcohol Testing Policy , and any other terms, conditions or policies within the JumpRydz platform. By accessing the platform you precisely confirm that you understand and agree with the terms. It is required for you to agree, consent and confirm these terms in order to use the platform. If you do not agree,consent and confirm the terms, DO NOT USE THE PLATFORM.

JumpRydz Platform

  1. JumpRydz is not a transportation company and does not provide transportation services. JumpRydz is solely an electronic platform which allows you to connect with other users to arrange, request, organize and execute transportation of minors and/or adults. Transportation providers [further known as Drive Team Members or DTM(s)] are independent contractors that use approved personal vehicles to render services. There is no employment, agency or partnership of any kind between you and JumpRydz.
  2. You are responsible for the details, arrangements, compensation and execution of transportation services.
  3. You need to create an account to access the JumpRydz platform and provide details of each rider. By adding riders you confirm your authorization to make arrangements for the said rider[s] and provide such details.
  4. You must be at least 18 years of age and have the authority to request transportation service for yourself and others. You must be at least 25 years of age to provide transportation service with the JumpRydz platform.
  5. You as the customer will provide an adult rider with a newborn age rider. This adult rider will attend, assist and care for the newborn rider.
  6. You will monitor your account with responsibility and safeguard all credentials.
  7. You must not share any personal information about other users to any third party unless it is to complete execution of the said transportation service request.
  8. JumpRydz reserves the right to cancel, close, deactivate or delete your account for any reason at any time.
  9. You will not create more than one user profile/account.
  10. You will not provide falsified information in regards to your identity to create an account or use the JumpRydz platform.
  11. You confirm and consent that JumpRydz may record and backlog any phone calls, emails or text messages you place through the platform or by using any of our contact methods directly.
  12. You must provide your own technology [mobile phone, computer or other electronic device] to access the platform.
  13. You are responsible for accessing and any fees associated with accessing the platform.
  14. You may submit content or “user content” such as commentary, feedback, support requests etc., whether in audio, visual or text format, you explicitly permit JumpRydz to use this user content at its sole discretion for use on the platform or with third party sites or services. The user content remains your property however you give JumpRydz full rights to modify, copy, edit and use the said content royalty-free.
  15. Drive Team Members
    1. Prior to becoming a DTM, you are required to provide proof of auto insurance, a valid driver's license, any and all licensure required in the state in which you would like to operate, and you will be subject to a background check including but not limited to criminal, vehicular and work history.
    2. As a DTM, you are operating as an independent contractor, not as an employee, joint venture, franchisor[ee], partnership or agency. You understand and agree that JumpR
    3. You understand and agree that JumpRydz does not control you or your schedule, performance, services, acts, omissions or your operation and maintenance of your vehicle[s]. You reserve the right to accept or refuse any requests sent to you on the platform from users as customers thus determining the rate for your service.
    4. You understand that you have complete discretion to provide services for other businesses or employers.
    5. You have and can provide proof of valid liability insurance consistent with all applicable legal requirements that names you as a driver on the said policy and maintain for the duration of this agreement.
    6. Regarding the vehicle you will use to provide services on the platform, you are the owner or you have the legal right to operate it.
    7. You will only use the approved vehicle as reported on the platform, and agree to update JumpRydz of any changes to your vehicle in use.
    8. You are responsible for attaining and maintaining any business licenses or certifications required by law, ordinance, or regulation.
    9. You agree that you will immediately report any driving breach, crime or conviction of yourself. You agree that we may obtain information about your background on a continuous and ongoing basis, including criminal history and driving records, and you agree to provide any further authorizations to forward our access to such records during the term of these terms, consistent with applicable law or regulations and our Privacy Policy.
    10. By confirming a ride request, you are entering into an agreement with the customer to transport the Rider[s] to an arranged drop off location. You must transport the Rider[s] directly to the arranged drop-off location selected by the customer.
    11. You must be able to verify your identity to the customer and/or rider as the DTM that was matched with the ride request. Unless required by law, regulation, or ordinance, you are not required to display the JumpRydz logo in or on your vehicle, however you must not misrepresent to the customer, rider or public that you are in use of the platform when you are not.
    12. You must be able to communicate with JumpRydz and the customer[s] and/or rider[s]while in use of the platform.
      1. The mobile phone number you have on your account must be working at all times.
      2. You agree not to dis-able the location detection or GPS data system on your phone while using the platform or interfere with the application in any way.
    13. You agree to comply with all state and federal laws, local ordinances and regulations that apply to the operation of a motor vehicle in the jurisdiction in which you provide services.
    14. You will not allow an unauthorized third party to ride with you while using the platform, operate an unsafe vehicle, drive recklessly, unsafe or participate in any other behavior that goes against our Drug and Alcohol Policy.
    15. If you confirm a ride request that by law requires a child safety seat, you must properly install, use and uninstall the said child safety seat whether provided by you or the customer. Information on proper installation is available on our Driver Education page.
    16. You understand and agree that as an independent contractor, you are responsible for paying your federal, state and local taxes based on the income of your services.

PAYMENTS & CHARGES

  1. Charges to Customers
    1. You understand that JumpRydz does not pay DTMs for their services. DTMs contract directly with you as the customer/organizer requesting transportation service through the platform and you will be charged for their services based on our Fare Schedule.
    2. By using the platform you precisely agree to allow JumpRydz and/or it’s third party agents to charge or debit your credit card on file on your account for all applicable charges.
  2. Payments/Charges to Drive Team Members
    1. If you are a DTM, you will receive payments from customers for the use of your services through the platform based on our Fare Schedule. You also agree that receipt of said payments completes the customer's obligation to you.
    2. By using the platform, you precisely agree to allow JumpRydz and/or it’s third party agents to withhold these payments and act as a limited collection agent on your behalf. JumpRydz reserves the right to modify or withhold all or a portion of any customer charges, including but not limited to fees and commissions for your use of the platform. Any tips are exempt from this.
  3. Promotional Offers
    1. We may offer promotions/coupons/deals or JumpRydz Cash [further known collectively as “promos”] in a means of discounting your charges. These promos may be available in the form of a code or automatically added to your account if your ride request[s] meet the requirements of that said promo. JumpRydz reserves the right to modify, edit, reject or cancel any of these means at our sole discretion.

MOBILE APPLICATION

  1. Subject to your compliance with these Terms, JumpRydz grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) download and use the Applications on your personal device solely in connection with your use of the the platform; and (ii) download and use any content, information and related materials that may be made available through the platform, solely for your personal use. Any rights not expressly granted herein are reserved by JumpRydz and JumpRydz's licensors.
  2. Restrictions
    1. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the platform except as expressly permitted by JumpRydz.
    2. If you are a user providing transportation services on the platform, JumpRydz permits you to use the JumpRydz logo on your vehicle while in use of the platform. This permit is revocable, limited and a non-exclusive license to display for the purpose of identification and safety of riders and promotion.
  3. Third Party Services
    1. The platform may be available or accessed in connection with third party services and content (including advertising) that JumpRydz does not control. You acknowledge that by using such third party services and content you are subject to different terms of use and privacy policies. JumpRydz does not endorse such third party services and content and is in no way responsible or liable for any products or services of third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the platform using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to these terms and are not responsible for the provision or support of the platform in any manner. Your access to the platform using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
  4. Rights and Ownership
    1. The platform and all rights to it are the property of JumpRydz. Neither your use of the platform or these terms grant you any rights excluding the limited license to DTM[s] as mentioned above.

COMMUNICATIONS

  1. By using the Platform, you agree to receive communications from us, including but not limited to: email, text message, calls, and push notifications.
  2. You agree that texts, calls or prerecorded messages may be sent via automatic dialing systems.
  3. You understand communications may come from JumpRydz and/or other users regarding your use of the platform.
  4. You understand any standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
  5. You have the right to Unsubscribe from any emails we send you by clicking the “Unsubscribe” link in the said email.
  6. You can opt out of or disable your notification settings regarding texts and push notifications. However by doing this you will be unable to use the platform as it is required for the services you request through the platform.
  7. We are not liable for any delays in your receipt of communications as delivery is subject to your mobile service transmission.

DISCLAIMER

  1. You understand and agree that your use of the JumpRydz platform and any services provided by independent contractor transportation service providers [further known as DTM[s] (Drive Team Members)] is at your sole risk.
  2. You understand JumpRydz and it’s employees, officers, shareholders, affiliates, agents, licensors, managers, attorneys, volunteers, heirs, representatives, predecessors, successors and assigns [further known collectively as JumpRydz LLC] disclaim all warranties, representations and conditions of any kind. Including but not limited to:
    1. any child safety seats provided by DTMs
    2. the installation of any child safety seats by a DTM
    3. vehicle provided by a DTM
    4. the availability of DTMs

WAIVER AND RELEASE OF LIABILITY

  1. By using the JumpRydz platform, you and all your personal representatives enter into this Waiver and Release of Liability and hereby waive any and all rights, claims or causes of action of any kind arising out of your use of the platform. You hereby release and forever discharge JumpRydz LLC from any monetary, physical or psychological injury that you may suffer as a direct result in your use of the platform.
  2. You are voluntarily using the platform and understand the risks associated with your use, which may include, but not limited to: monetary, physical or psychological injury or even death. You understand these outcomes may arise from your own or others’ negligence, conditions related to and your use of the platform. Nonetheless, you assume all related risks both known and unknown.
  3. You further agree to indemnify and hold harmless JumpRydz LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought on by yourself or anyone on my behalf, including attorneys fees and any related costs.
  4. You further acknowledge that JumpRydz LLC is not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of JumpRydz LLC.
  5. You hereby acknowledge that you have carefully read this Waiver and Release and fully understand that it is a release of liability. You expressly agree to release and discharge JumpRydz LLC from any and all claims or causes of action and you agree to voluntarily give up or waive any right you otherwise have to bring a legal action against JumpRydz LLC for personal injury or property damage.
  6. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of JumpRydz LLC.
  7. You agree that this Release shall be governed for all purposes by New York State law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
  8. In the event any damage to the platform, [including but not limited to social media, advertisements, profiles and any other online representations], equipment or facilities occurs as a result of yours’, your familys’ or your agents willful actions, neglect or recklessness, you acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
  9. This waiver and release of liability shall remain in effect for the duration of my use of the platform, during the initial and subsequent events of participation.

CLASS ACTION WAIVER & ARBITRATION AGREEMENT

By using the platform, you agree that you are required to resolve any claim that you may have against JumpRydz on an individual basis in arbitration. This will avert you from bringing any class, collective, or representative action against JumpRydz, and also avert you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against JumpRydz by someone else.

  1. If a dispute arises from or relates to these terms, your use of the platform or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association [https://www.adr.org/] under its Commercial Mediation Procedures before resorting to arbitration.
  2. The parties further agree that any unresolved controversy or claim arising out of or relating to these terms, your use of the platform, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  3. Claims shall be heard by a single arbitrator. The arbitrator(s) shall be expertise with Rideshare type business.
  4. The place of arbitration shall be Nassau County, NY.
  5. The arbitration shall be governed by the laws of the State of New York.
  6. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.
  7. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
  8. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings.
  9. The award shall be made within 4 months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties.
  10. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
  11. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness[es].
    1. In such an event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

If you have additional questions regarding your use of the platform feel free to Contact Us.