TERMS OF USE - USER AGREEMENTS
1. ACCEPTANCE
OF TERMS
Reliable
Rider provides an array of online resources (e.g. ride postings, networking profiles,
feedback forums, and email services
referred to hereafter as "the Service") developed for its members, who self-publish
and self-manage their own online postings requesting,
offering and accepting rides. The
web site was also developed for the purpose of creating new opportunities for social
and business networking. Reliable Rider users or members are subject to the following
Terms of Use ("TOU"). By using the Reliable Rider Service in any way, you are agreeing
to comply with the TOU. In addition, when using specific Reliable Rider services,
you agree to abide by any applicable posted guidelines for all Reliable Rider services,
which may change from time to time. Should you object to any term or condition
of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied
with Reliable Rider in any way, your only recourse is to immediately discontinue
use of Reliable Rider.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve
the right, at our sole discretion, to change, modify or otherwise alter these terms
and conditions at any time. Such modifications shall become effective immediately
upon the posting thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes. You can find the most recent version of the TOU
at: http://www.reliiablerider.com/termsofuse.html
3. CONTENT
AND CONDUCT
You
confirm that you are at least 18 years old when using this service. By using this
service you agree that Reliable Rider, LLC and its officers, managers, members or
employees are not responsible for your safety, security, comfort, or successful
travel arrangements, or for your belongings, or for any other liability with regard
to your use of this member website. You understand that Reliable Rider, LLC and
its member website are merely a communications tool for like-minded members, who
share similar interests and values. All online postings, phone communications and
email messages to other members using this service must be polite in tone. In order
to better serve the security needs of our member community, correspondence through
the web site will be monitored and stored. Members should make only one posting
per ride request, ride offer or ride acceptance. You can place any additional information
you would like in the comment fields. A separate posting for the return portion of a round trip is required. Creating
online postings for requesting, offering and
accepting rides, and for contacting and communicating
with other members are the primary purposes of the website. If any single part of
the User agreement is legally held to be invalid, the remainder of the agreement
shall remain in force.
You understand that
all postings, messages, text, files, images, photos, video, sounds, or other materials
("Content") posted on, transmitted through, or linked from the Service, are the
sole responsibility of the person from whom such Content originated. More specifically,
you are entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that Reliable
Rider does not control, and is not responsible for Content made available through
the Service, and that by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore,
the Reliable Rider site and Content available through the Service may contain links
to other websites, which are completely independent of Reliable Rider. Reliable
Rider makes no representation or warranty as to the accuracy, completeness or authenticity
of the information contained in any such site. Your linking to any other websites
is at your own risk. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, that you may not rely on said Content, and that under
no circumstances will Reliable Rider be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise made available via the Service. You acknowledge that Reliable
Rider does not pre-screen or approve Content, but that Reliable Rider shall have
the right (but not the obligation) in its sole discretion to refuse, delete or move
any Content that is available via the Service, for violating the letter or spirit
of the TOU or for any other reason.
4. THIRD PARTY CONTENT,
SITES, AND SERVICES
The Reliable
Rider site and Content available through the Service may contain features and functionalities
that may link you or provide you with access to third party content which is completely
independent of Reliable Rider, including web sites, directories, servers, networks,
systems, information and databases, applications, software, programs, products or
services, and the Internet as a whole. Your interactions with organizations
and/or individuals found on or through the Service, including payment and delivery
of goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations and/or
individuals. You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third
parties. You agree that Reliable Rider, LLC shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any
third party, you understand and agree that Reliable Rider, LLC is under no obligation
to become involved. In the event that you have a dispute with one or more other
users, you hereby release Reliable Rider, LLC its officers, managers, members, employees,
agents and successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such disputes and / or
our service.
Attention California Residents: If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which, if known by him must have materially
affected his settlement with the debtor."
5. NOTIFICATION
OF ANY CRIMINAL CHARGES, ARRESTS, OR DRIVING CITATIONS
As a member,
you agree to immediately advise Reliable Rider, LLC if you have been charged or
arrested for any criminal offense or driving violation. Your notification
to Reliable Rider, LLC should include the dates and the specific offense(s) for which you were
charged or arrested and/or the specific driving violation(s) for which you have
received a citation.
6. PROOF OF
INSURANCE
As a member,
you agree to carry and keep updated motor vehicle liability insurance, and provide
proof of same to Reliable Rider, LLC as requested and deemed necessary.
7. NOTIFICATION
OF CLAIMS OF INFRINGEMENT
If you believe
that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please notify
Reliable Rider?s agents for notice of claims of copyright or other intellectual
property infringement at
abuse@ReliableRider.com or:
Copyright Agent
Reliable Rider, LLC
4140 E. Baseline Road, Ste. 101-317
Mesa, AZ 85206
Please provide our Agent
with the following Notice:
by identifying the material
on the Reliable Rider site that you claim is
a) infringing, with enough detail
so that we may locate it on the website;
b) A statement by you that
you have a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
c) A statement by you declaring
under penalty of perjury that (1) the above information in your Notice is accurate,
and (2) that you are the owner of the copyright interest involved or that you are
authorized to act on behalf of that owner;
d) Your address, telephone
number, and email address; and
e) Your physical or electronic
signature.
Reliable Rider will remove
the infringing posting(s), subject to the procedures outlined in the Digital Millenium
Copyright Act (DMCA).
8. PRIVACY AND INFORMATION DISCLOSURE
Reliable Rider has established
a Privacy Policy to explain to users how their information is collected and used,
which is located at the following web address:
http://www.reliablerider.com/privacypolicy.html
We respect your privacy and
we will not distribute member security information without your permission (except
in response to verified requests from law enforcement or emergency services). IP
addresses are collected for most correspondence and transactions. The information
contained in the Member's General File is made available to all other members. Your
use of the Reliable Rider website or the Service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that Reliable
Rider may, in its sole discretion, preserve or disclose your Content, as well as
your information, such as email addresses, IP addresses, timestamps, and other user
information, if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: comply with legal process; enforce the
TOU; respond to claims that any Content violates the rights of third-parties; respond
to claims that contact information (e.g. phone number, street address) of a third-party
has been posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of Reliable Rider, its users or
the general public.
9. MEMBER CODE OF CONDUCT
The DO's - You agree
to:
post, email or otherwise make available content that is truthful and accurate
-
be timely and punctual when offering and accepting rides
-
provide notification if the member is going to be late or not show up at all.
Note: Not showing up for an Offered and Accepted
Ride, may result in membership suspension, cancellation or alternative ride fee
reimbursements.
- not abandon any rider during an accepted ride. Note: Abandonment of another member during an Offered and
Accepted ride, may result in membership suspension, cancellation or alternative
ride fee reimbursements.
The DON'TS - You agree
not to post, email, or otherwise make available Content:
a) that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy,
or is harmful to others in any way;
b) that is pornographic or
depicts a human being engaged in actual sexual conduct including but not limited
to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital,
or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality,
or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious
exhibition of the genitals or pubic area of any person;
c) that harasses,
degrades, intimidates or is hateful toward an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates federal,
state, or local laws, including but not limited to, stating in any advertisement
for sharing rides or networking, a preference or requirement based on race, color,
religion, sex, national origin, age, or disability.
e) that impersonates any
person or entity, including, but not limited to, a Reliable Rider employee, or falsely
states or otherwise misrepresents you or your affiliation with a person or entity.
f) that includes personal
or identifying information about another person without that person's explicit consent;
g) that is false, deceptive,
misleading, deceitful, misinformative, or constitutes "bait and switch";
h) that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party, or
Content that you do not have a right to make available under any law or under contractual
or fiduciary relationships;
i) that constitutes or contains
"affiliate marketing," "link referral code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement;
j) that constitutes or contains
any form of advertising or solicitation if: posted in areas of the Reliable Rider
website which are not designated for such purposes; or emailed to Reliable Rider
users who have not indicated in writing that it is ok to contact them about other
services, products or commercial interests.
k) that includes links to
commercial services or web sites, except as allowed in "services";
l) that advertises any illegal
service or the sale of any items the sale of which is prohibited or restricted by
any applicable law, including without limitation items the sale of which is prohibited
or regulated by California law. A partial list of prohibited items for sale and
prohibited services offered is provided at the following web address for your convenience:
http://www.reliablerider.com/prohibiteditems.html
m) that contains software
viruses or any other computer code, files or
programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
n) that disrupts the normal
flow of dialogue with an excessive amount of Content (flooding attack) to the Service,
or that otherwise negatively affects other users' ability to use the Service; or
o) that employs misleading
email addresses, or forged headers or otherwise manipulated identifiers in order
to disguise the origin of Content transmitted through the Service.
Additionally, you agree not
to:
p) contact anyone who has
asked not to be contacted;
q) "stalk" or otherwise harass
anyone;
r) collect personal data
about other users for commercial or unlawful purposes;
s) use automated means, including
spiders, robots, crawlers, data mining tools, or the like to download data from
the Service - unless expressly permitted by Reliable Rider;
t) post non-local or otherwise
irrelevant Content, repeatedly post the
same or similar Content or
otherwise impose an unreasonable or
disproportionately large
load on our infrastructure;
u) post the same ride requests
or ride offers in more than one metropolitan area;
v) attempt to gain unauthorized
access to Reliable Rider computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance of, or impairs the functionality
of, the Service or the Reliable Rider website; or
w) use any form of automated
device or computer program that enables the submission of postings on Reliable Rider
without each posting being manually entered by the author thereof (an "automated
posting device"), including without limitation, the use of any such automated posting
device to submit postings in bulk, or for automatic submission of postings at regular
intervals.
10. POSTING AGENTS
A "Posting Agent" is a third-party
agent, service, or intermediary that offers to post Content
to the Service on behalf of others. To moderate demands on Reliable
Rider resources, you may not use a Posting Agent to post Content to
the Service without express permission or license from Reliable Rider.
Correspondingly, Posting Agents are not permitted to post Content
on behalf of others, to cause Content to be so posted, or otherwise
access the Service to facilitate posting Content on behalf of others,
except with express permission or license from Reliable Rider .
11. NO SPAM POLICY
You understand and agree
that sending unsolicited email advertisements to Reliable Rider email addresses
or through Reliable Rider computer systems, which is expressly prohibited by these
TOU, will use or cause to be used servers located in Arizona.
Any unauthorized use of Reliable
Rider computer systems is a violation of the TOU and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030
et seq.), as described in the appropriate section of the Arizona Penal Code.
Such violations may subject the sender and his or her agents to civil and criminal
penalties.
12. PAID POSTINGS
We may charge a fee to post
Content in some areas of the Service. The fee is an access fee permitting Content
to be posted in a designated area. Each party posting Content to the Service is
responsible for said Content and compliance with the TOU. All fees paid will be
non-refundable in the event that Content is removed from the Service for violating
the TOU.
13. LIMITATIONS ON
SERVICE
You acknowledge that Reliable
Rider may establish limits concerning use of the Service, including the maximum
number of days that Content will be retained by the Service, the maximum number
and size of postings, email messages, or other Content that may be transmitted or
stored by the Service, and the frequency with which you may access the Service.
You agree that Reliable Rider has no responsibility or liability for the deletion
or failure to store any Content maintained or transmitted by the Service. You acknowledge
that Reliable Rider reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that Reliable Rider shall
not be liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
14. ACCESS TO THE
SERVICE
Reliable Rider grants you
a limited, revocable, nonexclusive license to access the Service for your own personal
use. This license does not include: (a) access to the Service by Posting Agents;
or (b) any collection, aggregation, copying, duplication, display or derivative
use of the Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly permitted by Reliable
Rider. A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather information
for the sole purpose of displaying hyperlinks to the Service, provided they each
do so from a stable IP address or range of IP addresses using an easily identifiable
agent and comply with our robots.txt file. "General purpose internet search
engine" does not include a website or search engine or other service that specializes
in classified listings or in any subset of classifieds listings such as social or
business networking, or ride share postings.
Use of the Service beyond
the scope of authorized access granted to you by Reliable Rider immediately terminates
said permission or license. In order to collect, aggregate, copy, duplicate,
display or make derivative use of the Service or any Content made available via
the Service for other purposes (including commercial purposes) not stated herein,
you must first obtain a license from Reliable Rider.
15. SUSPENSION
AND TERMINATION OF SERVICE
You agree that Reliable Rider,
in its sole discretion, has the right (but not the obligation) to address, or otherwise
suspend or terminate your access to or use of the Service (or any part thereof),
immediately and without notice, and remove and discard any Content within the Service,
for any reason, including, without limitation, if Reliable Rider believes that you
have acted inconsistently with the letter or spirit of the TOU. Further, you agree
that Reliable Rider shall not be liable to you or any third-party for any termination
of your access to the Service. Further, you agree not to attempt to use the
Service after said termination. Sections 2, 4, 6 and 12-18 shall survive termination
of the TOU.
16. PROPRIETARY RIGHTS
The Service is protected
to the maximum extent permitted by copyright laws and international treaties. Content
displayed on or through the Service is protected by copyright as a collective work
and/or compilation, pursuant to copyrights laws, and international conventions.
Any reproduction, modification, creation of derivative works from or redistribution
of the site or the collective work, and/or copying or reproducing the sites or any
portion thereof to any other server or location for further reproduction or redistribution
is prohibited without the express written consent of Reliable Rider. You further
agree not to reproduce, duplicate or copy Content from the Service without the express
written consent of Reliable Rider, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse engineer
or otherwise attempt to discover any source code contained in the Service. Without
limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any aspect of the Service. Reliable Rider
is a registered mark in the U.S. Patentand Trademark Office.
Although Reliable Rider does
not claim ownership of content that its users post, by posting Content to any public
area of the Service, you automatically grant, and you represent and warrant that
you have the right to grant, to Reliable Rider an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate into other works, said
Content, and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service, you
automatically grant Reliable Rider all rights necessary to prohibit any subsequent
aggregation, display, copying, duplication, reproduction, or exploitation of the
Content on the Service by any party for any purpose.
17. DISCLAIMER OF
WARRANTIES
YOU AGREE THAT USE OF THE
RELIABLE RIDER SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE RELIABLE RIDER
SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, RELIABLE RIDER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE RELIABLE RIDER SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, RELIABLE RIDER DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RELIABLE RIDER SITE OR THE
SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE RELIABLE RIDER SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, RELIABLE RIDER DISCLAIMS ANY WARRANTIES
FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE RELIABLE RIDER SITE
OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.
18. LIMITATIONS OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL
RELIABLE RIDER, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RELIABLE RIDER, LLC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
RELIABLE RIDER WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE RELIABLE RIDER WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE RELIABLE
RIDER WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION,
OR TERMINATION OF THE RELIABLE RIDER WEBSITE OR THE SERVICE. SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE RELIABLE RIDER WEBSITE
OR THE SERVICE OR ANY LINKS ON THE RELIABLE RIDER WEBSITE, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
RELIABLE RIDER WEBSITE OR THE SERVICE OR ANY LINKS ON THE RELIABLE RIDER WEBSITE.
RELIABLE RIDER, LLC AND ITS MANAGERS, MEMBERS, OFFICERS AND EMPLOYEES WILL NOT BE
LIABLE FOR ANY DAMAGE, LOSS OR INJURY INCURRED OR CAUSED AS A RESULT OF ANY NEGLIGENCE
OR ADVERSE CONDUCT OF RELIABLE RIDER, LLC, ITS MANAGERS, MEMBERS, OFFICERS AND EMPLOYEES
RELATING TO THE SET-UP, OPERATION, MAINTENANCE OR MONITORING OF THE RELIABLE RIDER
WEBSITE, ITS SERVICES OR ITS MEMBERSHIP. BY APPLYING FOR MEMBERSHIP, YOU EXPRESSLY
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS LIMITATION OF LIABILITY.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
19. INDEMNITY
You agree to indemnify and
hold Reliable Rider, LLC its managers, members, officers, subsidiaries, affiliates,
successors, assigns, directors, agents, service providers, suppliers and employees,
harmless from any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content you submit, post
or make available through the Service, your use of the Service, your violation of
the TOU, your breach of any of the representations and warranties herein, or your
violation of any rights of another.
20. GENERAL INFORMATION
The TOU constitute the entire
agreement between you and Reliable Rider and
govern your use of the Service,
superseding any prior agreements between you and Reliable Rider. The TOU and the
relationship between you and Reliable Rider shall be governed by the laws of the
State of Arizona without regard to its conflict of law provisions. You and Reliable
Rider agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Maricopa, Arizona. The failure of Reliable Rider to exercise
or enforce any right or provision of the TOU shall not constitute a waiver of such
right or provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOU remain in full force and effect. 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 Service or the TOU must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
21. VIOLATION OF
TERMS AND LIQUIDATED DAMAGES
Please report any violations
of the TOU, by flagging the posting(s) for
review, or by emailing to:
abuse@ReliableRider.com
Our failure to act with respect
to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches.
You understand and agree
that, because damages are often difficult to quantify, if it becomes necessary for
Reliable Rider to pursue legal action to enforce the TOU, you will be liable to
pay Reliable Rider the following amounts as liquidated damages, which you accept
as reasonable estimates of Reliable Rider damages for the specified breaches of
the TOU:
a. If you post a message
that (1) impersonates any person or entity; (2)
falsely states or otherwise
misrepresents your affiliation with a person or
entity; or (3) that includes
personal or identifying information about
another person without that
person's explicit consent, you agree to pay
Reliable Rider one thousand
dollars ($1,000) for each such message.
b. If Reliable Rider establishes
limits on the frequency with which you may
access the Service, or terminates
your access to or use of the Service, you
agree to pay Reliable Rider
one hundred dollars ($100) for each message posted
in excess of such limits
or for each day on which you access Reliable Rider in
excess of such limits, whichever
is higher.
c. If you send
unsolicited email advertisements to Reliable Rider email
addresses or through Reliable
Rider computer systems, you agree to pay
Reliable Rider twenty five
dollars ($25) for each such email.
d. If you post Content in
violation of the TOU, other than as described above, you agree to pay Reliable
Rider one hundred dollars ($100) for each Item of Content posted.
In its sole discretion, Reliable Rider may elect to issue a warning before
assessing damages.
e. If you are a Posting Agent
that uses the Service in violation of the
TOU, in addition to any liquidated
damages under clause (d), you agree to
pay Reliable Rider one hundred
dollars ($100) for each and every Item of Conent
posted in violation of the
TOU. A Posting Agent will also be deemed an agent of the party engaging the
Posting Agent to access the Service (the
"Principal"), and the Principal
(by engaging the Posting Agent in
violation of the TOU) agrees
to pay Reliable Rider an additional one hundred
dollars ($100) for each Item
of Content posted by the Posting Agent on behalf of the principal in
violation of the TOU.
f. If you aggregate, display,
copy, duplicate, reproduce, or otherwise exploit for any purpose any
Content (except for your own Content) in violation of the TOU without
Reliable Rider?s express written permission, you agree to pay Reliable
Rider three thousand dollars ($3,000) for each day on which you engage in such
conduct.
Otherwise, you agree to pay
Reliable Rider actual damages, to the extent such
actual damages can be reasonably
calculated. Notwithstanding any other provision of the TOU, Reliable
Rider retains the right to seek the remedy of specific performance of
any term contained in the TOU, or a preliminary or permanent injunction against
the breach of any such term or in aid of the exercise of any power granted
in the TOU, or any combination thereof.
22. FEEDBACK
We welcome your questions
and comments on this document. Send questions, comments or feedback to TOU@reliablerider.com.