PARENTS IN MOTIONS
TERMS AND CONDITIONS OF USE
1. Contractual Relationship. These Terms and Conditions of Use (“Terms”) are the only terms or conditions governing your access to and use of the website and transportation services (collectively the “Services”) provided in the United States and all its territories and possessions by Parents in Motion, LLC, and all representatives, subsidiaries, affiliates, or members thereof (collectively the “Company”). By agreeing to these Terms, you hereby agree that the Terms constitute a contract between you and the Company (Individually each a “Party,” collectively the “Parties”). By accessing and using the Services, you hereby agree to be bound by the Terms, and all restrictions, warranties and representations contained herein. Within the Terms, the word “including” shall be read to mean “for the purposes of illustration, but not limitation.”
2. Entirety of Agreement. The Terms are intended to encompass the entirety of the agreement between you and the Company, and expressly supersede any prior or contemporary agreement between you and Company. At no point during your use of the Services shall Company’s action or omission be construed as an implicit amendment or modification of the Terms.
3. Duration and Termination. The Terms shall govern all your interactions with the Company, commercial or otherwise, including access of the Company website, communication with Company members, representatives and affiliates, and use of transportation provided by the Company. Company shall retain the right to terminate Services, or any portion thereof, to you or in general, without notice and with or without cause.
4. Supplemental Terms. The Terms may be supplemented by additional language (“Supplemental Terms”) for specific uses of the Services, including specially requested pickup times, or customer’s requiring individualized care. Your use of the Services shall constitute agreement to be bound by Supplemental Terms. Where applicable, Supplemental Terms shall supersede the original Terms.
5. Amendment and Modification. Company may amend or modify the Terms. Upon your use or access of the Services, Company shall notify you of any modification or amendment to Terms that has been implemented since you last accessed or used the Services. Your continued use of the Services after you receive notification of an amendment or modification to the Terms shall be considered your agreement consent to be bound by the amended or modified terms. Where applicable, amended or modified Terms shall supersede the original Terms.
6. Arbitration. All disputes arising out of the Terms, or any interaction governed thereby, shall be resolved through arbitration, pursuant to the regulations set forth in the Ohio Revised Code. In the event o arbitration, the Parties shall mutually agree upon an arbitrator. If no arbitrator can be mutually agreed upon, each Party will then select their own arbitrator. The two selected arbitrators shall then mutually agree upon a third arbitrator.
7. Services.
You may, through Company website, request transportation between two or more specified locations (a “Ride”) for a third party or parties (individually each a “Passenger,” multiple “Passengers”). To request transportation, you shall provide to the Company the date and time of the Ride, the number of Passengers to be transported, and the locations at which Passengers are to be picked up and dropped off. If the conditions of your Ride do not match those that you specified to Company, Company shall be under no obligation to complete the Ride or continue offering you Services.
Upon receipt of your request, as specified above, company shall provide a vehicle and competent operator (“Driver”) to provide a Ride, on the date and at the time you specified.
You hereby agree that you shall pay the cost of your ride to the Company, in full, at the time of your request. The price of the ride shall not include gratuity. You shall further be responsible for repair or cleaning costs, in excess of the normal, incurred during your Ride (“Maintenance Fees”). If the Company, in good-faith discretion, determines Maintenance Fees to be necessary, Company shall be entitled to facilitate your payment of the incurred Maintenance Fees through the payment method you provide.
You may, at any point, cancel your request for a Ride. If you request cancellation no less than one (1) hour before your specified time, you shall be entitled to a full refund of your payment for that Ride. If you request cancellation of a ride less than one (1) hour before the time you specified, you shall be entitled to a refund in the amount of one-half (1/2) the original price of the Ride.
Upon request, you shall present your assigned Driver with a valid form of photo ID, for the purpose of confirmation of your identity. If the information on your identification does not match that which you provided to Company when you requested your Ride, Company shall be under no obligation to complete the Ride.
For the duration of your use of the Services, you hereby agree that you shall comply with all applicable law, that you shall engage in no act or omission that causes harm, nuisance, distress, damage, or inconvenience to yourself or other persons, vehicles, or structures. You shall further be responsible for same with regard to your specified Passengers.
8. Restrictions.
You shall not copy, remove, reproduce, modify, promote as your own, imply your ownership of, prepare derivative works based on, distribute, grant license to, lease, sell, stream online, communicate, transmit, or otherwise exploit, or cause through act or omission the same, any information or material accessed or communicated through your use of the Services, for any purpose other than the fulfillment of these Terms.
The Company shall retain full ownership in Parents in Motion, LLC, the Services, and all the rights contained therein. Nothing in these Terms, and no act or omission arising from their fulfillment, shall grant you any right to own or use Company name, logos, trademarks, other intellectual property, or rights inherent to the Services and their fulfillment for any commercial purpose
Both Parties hereby acknowledge that, over the course of fulfilling these Terms, Parties shall have access to certain information of a confidential nature, including names, addresses, personal appearance, and vehicle information (“Confidential Information”). Neither Party shall disclose Confidential Information for any purpose not related to the fulfillment of these Terms. This restriction does not apply to information that is or becomes publicly available, information that has been or is so widely disseminated as to render confidentiality moot, or information the disclosure of which is legally or medically necessary.
9. Network Access and Devices. Company shall have no responsibility or liability for costs and fees associated with accessing and using the Services. Company shall likewise have no responsibility or liability for errors or malfunctions affecting Services, or access thereto, that are inherent to wireless network access, the Internet, or electronic devices.
10. Third-Party Services and Content. You hereby acknowledge that Services may be accessed or made available through third parties. Company shall have no liability or responsibility for third-party actions, omissions, communications, or the content thereof.
11. Disclaimers. You hereby acknowledge and agree that Services are provided as-is and as available. You hereby acknowledge that Company makes no guarantee as to the reliability, timeliness, suitability, or availability of the Services. You hereby acknowledge that Company makes no guarantee as to the reliability, suitability, availability, conduct or safety of third party providers or Passengers. Company hereby disclaims any representations, warranties, or promises not expressly herein set forth. Subject to applicable law, you shall bear all risk, liability, and responsibility arising from your use of the Services, and any occurrence, act, or omission incident thereof.
12. Limitation of Liability.
Company shall not be liable for any damage or loss arising from, or in connection with, your use of the Services, any relationship between you and a third party provider, your reliance on or inability to access Services, property lost or forgotten during your use of Services, or any delay or failure of performance under these Terms that is beyond the reasonable control of the Company.
Company shall not be liable for transportation, goods, or services provided to you by third party providers, beyond those explicitly authorized herein.
No limitations herein shall limit liability or alter consumer rights where the applicable law does not so permit.
13. Indemnification. Subject to the terms and conditions set forth herein, you hereby agree to indemnify Company against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses arising out of any claim alleging:
Material breach or non-fulfillment of any warranty, representation or covenant made under these Terms;
Any grossly negligent or more culpable act or omission (including reckless or willful misconduct) on the part of Company, it’s personnel, or any third party providers of Services in connection with these Terms, or performance thereunder;
Any bodily injury, death, or damage to tangible property caused by grossly negligent or more culpable acts (including reckless or willful misconduct) on the part of Company, it’s personnel, or any third party providers of Services;
Any failure by Company or third party providers of Services to comply with applicable laws, regulations, or codes in connection with performance under these Terms.
14. Survival. Subject to the limitations and provisions herein, and the applicable law, Sections 8 and 13 shall survive the termination of Services, with respect to you or in general, for two (2) years.
15. Severability. If any provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms, nor the legality or enforceability thereof.
16. Governing Law. These Terms, and all matters arising therefrom, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Ohio.
17. Electronic Signature. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in these Terms are intended to authenticate this writing and to have the same force and effect as manual signatures.