Last Updated: January 17, 2018

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

These terms of service constitute a legally binding agreement (the “Agreement”) between you and Gogoride. (“Gogoride.us,” “we,” “us” or “our”) governing your use of the Gogoride website, and technology platform (collectively, “Gogoride.us Platform”).

The Gogoride Platform

The Gogoride Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Gogoride Platform. For purposes of this Agreement, the driving services provided by Gogoride. to Riders that use the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion.

Modification to the Agreement

In the event Gogoride modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Gogoride reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Gogoride.us or Services after any such changes shall constitute your consent to such changes.

Eligibility

The Gogoride Platform may only be used by individuals who can form legally binding contracts under applicable law. The Gogoride Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

Charges

As a Rider, you agree to pay the amounts charged for your use of the Gogoride Platform and Services (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your Pricing may vary based on the type of service you request (e.g., Gogoride Economy, Gogoride Premium SUV). You are responsible for reviewing the applicable Gogoride page “See Our Rides” and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Fares. There are two types of fares, variable and quoted.

  • Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
  • Quoted Fares. In some cases Gogoride may quote you a Fare at the time of your request. The quote is subject to change until the Ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Gogoride Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Gogoride does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.

Fees and Other Charges.

  • Cancellation Fee. After requesting a ride you may cancel it by calling us or emailing us, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after booking a ride. Please check out our Help Center to learn more about Gogoride’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Driver who had accepted your ride request.
  • Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Gogoride in its sole discretion), towards vehicle repair or cleaning. Gogoride reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Driver whose car was damaged.
  • Tolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help Center and your market’s Gogoride Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by Gogoride will match the toll charged to the Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Driver who provided your ride.
  • Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by Gogoride or its marketing partners, and processing fees for split payments. In addition, where required by law Gogoride will collect applicable taxes. These other charges are not shared with your Driver unless expressly stated otherwise. Tips. Following a ride, you may elect to tip your Driver in cash or through the Gogoride payment processor application (Square). Any tips will be provided entirely to the applicable Driver.
  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., PayPal, and Square Inc.). Gogoride may replace its third-party payment processing services without notice to you. Charges shall only be made through the Gogoride Platform. With the exception of tips.
  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Gogoride Platform, any disruption to the Gogoride Platform or Services, or any other reason whatsoever.
  • Credits and Ride Discounts. You may receive credits ("Gogoride Credits") or Ride discounts ("Ride Discounts") that you can apply toward payment of certain Charges upon completion of a Ride. Gogoride Credits and Ride Discounts are only valid for use on the Gogoride Platform, and are not transferable or redeemable for cash except as required by law. Gogoride Credits and Ride Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. Ride Discounts only apply to the Fare, not the Service Fee or other charges. If you split payment for a Ride with another User, your Gogoride Credits or Ride Discount will only apply to your portion of the Charges. Additional restrictions on Gogoride Credits and Ride Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant Gogoride Credit or Ride Discount within the Payments section of the Gogoride App.
  • Credit Card Authorization. Upon addition of a new payment method or each ride request, Gogoride may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Gogoride Communications

By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Gogoride Gogoride , its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Gogoride Platform or Services, updates concerning new and existing features on the Gogoride Platform, communications concerning promotions run by us or our third- party partners, and news concerning Gogoride and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

Your Information

Your Information is any information you provide, publish or post to or through the Gogoride Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Gogoride-related Facebook, Twitter, Instagram or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Gogoride Platform and participate in the Services. Our collection and use of personal information in connection with the Gogoride Platform and Services is as provided in Gogoride’s Privacy Policy located at www.Gogoride.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Gogoride to use your Information, you grant to us 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 Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Gogoride does not assert any ownership over your Information; rather, as between you and Gogoride, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your Gogoride User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to Gogoride through an SNS Account, you understand that Gogoride may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Gogoride Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

Gogoride, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Gogoride. Gogoride reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that Gogoride determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

Gogoride Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Gogoride Code. You are prohibited from advertising Gogoride Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Gogoride reserves the right to deactivate or invalidate any Gogoride Code at any time in Gogoride’s discretion.

From time to time, Gogoride may offer you with incentives to refer new Users to the Gogoride community (the “Referral Program”). These incentives may come in the form of Gogoride Credits, and Gogoride may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

Restricted Activities

With respect to your use of the Gogoride Platform and your participation in the Services, you agree that you will not:

  1. impersonate any person or entity;
  2. stalk, threaten, or otherwise harass any person, or carry any weapons;
  3. violate any law, statute, rule, permit, ordinance or regulation;
  4. interfere with or disrupt the Services or the Gogoride Platform or the servers or networks connected to the Gogoride Platform;
  5. post Information or interact on the Gogoride Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  6. use the Gogoride Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  7. post, email or otherwise transmit 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;
  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Gogoride Platform;
  9. “frame” or “mirror” any part of the Gogoride Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Gogoride Platform or any software used on or for the Gogoride Platform;
  11. rent, lease, lend, sell, redistribute, license or sublicense the Gogoride Platform or access to any portion of the Gogoride Platform;
  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Gogoride Platform or its contents;
  13. link directly or indirectly to any other web sites;
  14. transfer or sell your User account, password and/or identification to any other party
  15. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
  16. cause any third party to engage in the restricted activities above.

Intellectual Property

Gogoride shall own all intellectual property rights in the Gogoride Platform absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Gogoride Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Gogoride. Gogoride shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnity

You will defend, indemnify, and hold Gogoride including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Gogoride Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Gogoride Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Internet Delays

THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

General

This Agreement shall be governed by the state of Tennessee law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Tennessee to which you hereby agree to submit to.

You hereby agree that Gogoride is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require Gogoride to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from us or any third party transportation provider under this Agreement.

The Company is a licensee of Welistyou, LLC and having its registered mailing address at PO BOX 3735 Crossville TN 38557.