These Terms of Service constitute a legally binding agreement between you and Reliable Rider, LLC, its subsidiaries, representatives, affiliates, officers and directors (collectively, “Reliable Rider,” “we,” “us” or “our”) governing your use of the Reliable Rider websites and technology platforms.
The Reliable Rider Platform provides a system where club members who seek transportation to certain destinations (Riders) can be provided transportation to specific destinations. Club Members (Riders) can request a ride from Reliable Rider Club Drivers to take them to specific destinations. Club Drivers and Club Riders are collectively referred to as Users, and the driving services provided by Drivers to Riders shall be referred to herein as Rideshare Services. As a User, you authorize Reliable Rider to align Club Drivers and Club Members (Riders) based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency. Any decision by a User to accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Club Driver to a Club Member (Rider) shall constitute a separate agreement between such persons.
Reliable Rider reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Reliable Rider reserves the right to modify this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Reliable Rider Platform and Rideshare Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.
The Reliable Rider Platform may only be used by individuals (club members or club drivers) who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The Reliable Rider Platform is not available to Users who have had their User (Member or Driver) account temporarily suspended or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Reliable Rider Platform, each User shall create a User account. Each person may only create one User account, and Reliable Rider reserves the right to suspend or deactivate any additional or duplicate accounts. To become a User, you represent and warrant that you are at least 18 years old.
As a club rider, you understand that a ride request or use of Rideshare Services may result in charges to your credit card. Charges are established in the Reliable Rider Club policies. Charges for Rideshare Services include club membership fees, and extra mile fees as set forth in your club’s policies. Reliable Rider has the authority and reserves the right to determine and modify monthly membership fees and/or extra mile fees by posting applicable pricing terms to your Reliable Rider Club’s page. You are responsible for reviewing the applicable Reliable Rider Club policies and/or fees.
Fees. There are two types of fees, club membership fees ($250 per month for up to 250 miles of transportation per month) and extra miles fees of ($1.50 per mile). The club member’s miles used are tracked and recorded. Extra mile fees are billed to the club member’s credit card on file on a monthly basis. Club Membership fees are billed to the club member's credit card on file on the 1st day of each month. Please note that we use GPS data to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of the GPS data. If we lose signal we will calculate distance using other available data from your ride.
Cancellation. Club members are required to provide a 60 day advance written email notification of cancellation of their membership.
Damages. If a Club Driver reports that you have materially damaged the Club's vehicle, you agree to pay a Damage Fee of up to $250 depending on the extent of the damage (as determined by Reliable Rider in its sole discretion), towards vehicle repair or cleaning. Reliable Rider reserves the right to require documentation of the damages prior to processing the Damage Fee. The damage fee will be charged to the club member’s credit card.
Tolls & Other Charges. In some instances tolls may apply to your ride. The tolls will be charged to the club member’s credit card. Other fees may include: airport fees, state or local fees, or event fees as determined by Reliable Rider or Reliable Rider Clubs. In addition, where required by law Reliable Rider will collect applicable taxes. See your Reliable Rider Club page for details on other Charges that may apply to your ride. Other charges will be charged to the club member’s credit card.
Tips. Following a ride, club members may elect to tip your Club Driver in cash. Any tips will be provided entirely to the Club Driver and are not recorded.
All Charges are facilitated through a third-party payment processor. Reliable Rider may replace its third-party payment processor without notice to you. Charges shall only be made through the Reliable Rider Platform. Your credit card payment of Charges from Reliable Rider satisfies your payment obligation for your use of the Reliable Rider Platform and Rideshare Services. Reliable Rider may group multiple charges into a single aggregate transaction on your credit card based on the date(s) they were transacted. If you don't recognize a transaction, then check your ride records and payment history
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 Reliable Rider Platform, any disruption to the Reliable Rider Platform or Rideshare Services, or any other reason whatsoever.
Credit Card Authorization. Upon addition of a new payment method, Reliable Rider may seek authorization of your selected payment method to verify the payment method, to ensure the ride costs will be covered, and to 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 available in your account, you may be subject to NSF charges by the bank issuing your credit card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If you are a Club Driver, you will receive payment for your provision of Reliable Rider Rideshare Services pursuant to the terms of the Driver Agreement.
By entering into this Agreement or using the Reliable Rider Platform, 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 Reliable Rider, its administrative staff and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Reliable Rider Platform or Rideshare Services. You may receive updates concerning new and existing features on the Reliable Rider Platform, communications concerning promotions run by us or our third-party partners, and news concerning Reliable Rider 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. If you wish to opt out of promotional calls or texts, you may text “END” from the mobile device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Reliable Rider Platform or related services. If you wish to opt out of all texts or calls from Reliable Rider (including operational or transactional texts or calls), you can text the word “STOPALL” from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the Reliable Rider Platform or related services.
Your Information is any information you provide, publish or post to or through the Reliable Rider Platform (including any profile information you provide) or send to other Users (including feedback comments, any email feature, or communication through any Reliable Rider-related Facebook, Twitter or other social media posting. Our collection and use of personal information in connection with the Reliable Rider Platform and Rideshare Services is as provided in Reliable Rider’s Privacy Notice . You are solely responsible for your Information and your interactions with other members of the club, 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 so that we and other members of the club may rely on your Information as accurate, current and complete. To enable Reliable Rider to use your Information for the purposes described in the Privacy notice and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable 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. Reliable Rider does not assert any ownership over your Information; rather, as between you and Reliable Rider, 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.
Reliable Rider, at its sole discretion, may make available referral and promotions programs. Reliable Rider reserves the right to withhold payments in the event that Reliable Rider determines or believes that the promotion or referral fee was in error, fraudulent, illegal, or in violation of the applicable promotion or referra program. Reliable Rider reserves the right to terminate, suspend, discontinue or cancel any promotions or referral programs at any time at its sole discretion without notice to you.
Currently, Reliable Rider's referral program provides you with incentives to refer your friends and family to become new Users of the Reliable Rider Platform in your city, zip code or country. A $50 payment or credit will be applied to your credit card, if you refer someone who becomes a Club Driver for Reliable Rider or who activates a Club Membership. Your participation in the Referral Program is subject to this Agreement.
For safety reasons, all Reliable Rider Club Drivers and Club Members (Riders) must fasten their seatbelt upon entering a Reliable Rider vehicle and keep their seatbelt securely fastened at all times until their trip is completed as required by law. With respect to your use of the Reliable Rider Platform and your participation in the Members Only Rideshare System, you agree that you will not:
By providing Rideshare Services as a Club Driver on the Reliable Rider Platform, you agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Club Riders in all jurisdictions in which you provide Rideshare Services.
You will not engage in reckless behavior while driving, drive unsafely, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services. You will not provide Rideshare Services as a Driver while under the influence of alcohol or drugs, or take any action that harms or threatens to harm the safety of the Reliable Rider Club Members, community at large or third parties.
You will only provide Rideshare Services using the vehicle that has been provided and approved by the Reliable Rider club. You have provided a recent photograph to Reliable Rider for identification purposes. You will not transport more passengers than can securely be seated comfortably in a club vehicle (and no more than three (3) passengers in any requested ride).
You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service or charge for rides, demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payments.
You will not attempt to defraud Reliable Rider or Club Riders on the Reliable Rider Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable compensation.
You will not discriminate against any Club Members (Riders) with disabilities. You will make responsible accommodations as required by law for Club Members (Riders) who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car's trunk.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Driver's Agreement.
You are covered under the club’s insurance policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names you for the operation of the club vehicle you use to provide Rideshare Services.
You will pay all applicable federal, state and local taxes based on payments received by you for Club Driver services.
All intellectual property rights in the Reliable Rider Platform shall be owned by Reliable Rider absolutely and in their entirety. These rights include database rights, copyrights, design rights, trademarks 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 Reliable Rider Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are non-confidential and shall become the sole property of Reliable Rider. Reliable Rider shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Reliable Rider logos, website designs, and service names are registered trademarks of Reliable Rider in the United States and/or other countries. If you provide Rideshare Services as a Club Driver, Reliable Rider grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Reliable Rider Marks solely on the Reliable Rider stickers/decals, and any other Reliable Rider-Branded items provided by Reliable Rider directly to you in connection with providing the Rideshare Services. You shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Reliable Rider’s prior written permission, which it may withhold in its sole discretion.
You acknowledge that Reliable Rider is the owner and licensor of the Reliable Rider Marks, including all goodwill associated therewith, and that your use of the Reliable Rider logo will confer no interest in or ownership of Reliable Rider.
You agree that you will not: (1) create any materials that use the Reliable Rider Marks or any derivatives of the Reliable Rider Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Reliable Rider in writing; (2) use the Reliable Rider Marks in any way that tends to impair their validity as proprietary trademarks, service marks, or trade names or use the Reliable Rider Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Reliable Rider’s rights as owner of the Reliable Rider Marks or the legality and/or enforceability of the Reliable Rider Marks, including, challenging or opposing Reliable Rider’s ownership in the Reliable Rider Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Reliable Rider Marks, any derivative of the Reliable Rider Marks, any combination of the Reliable Rider Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Reliable Rider Marks; (5) use the Reliable Rider Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the Reliable Rider Marks (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Reliable Rider.
Violation of any provision of this agreement may result in immediate termination. If you create any materials (physical or digital) bearing the Reliable Rider Marks (in violation of this Agreement or otherwise), you agree that upon their creation Reliable Rider exclusively owns all right, title and interest in and to such materials, including any modifications to the Reliable Rider Marks or derivative works based on the Reliable Rider Marks or Reliable Rider copyrights. You further agree to assign any interest or right you may have in such materials to Reliable Rider, and to provide information and execute any documents as reasonably requested by Reliable Rider to enable Reliable Rider to formalize such assignment.
Reliable Rider respects the intellectual property of others, and expects Users to do the same.
The following disclaimers are made on behalf of Reliable Rider, our club affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Reliable Rider is not a common carrier or public carrier. The Reliable Rider Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Reliable Rider Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Reliable Rider Platform or Rideshare Services will be uninterrupted, always available, or error-free, or will meet all of your requirements. We do not warrant that any defects in the Reliable Rider Platform will be corrected, or that the Reliable Rider Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Reliable Rider Platform or Rideshare Services.
We do guarantee that each Club Rider is who he or she claims to be and that they can be required to show their identification. Please use common sense when using the Reliable Rider Platform and Rideshare Services, including looking at the photos of the Club Driver and Club Members (Riders) you have been matched with to make sure it is the same individual you see in person. We encourage you to communicate directly with each Club Driver or Club Member (Rider) prior to getting in to the vehicle.
Reliable Rider is not responsible for the conduct, whether online or offline, of any User of the Reliable Rider Platform or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Club Drivers or Club Members (Riders). By using the Reliable Rider Platform and participating in the Rideshare System, you agree to accept such risks and agree that Reliable Rider is not responsible for the acts or omissions of Users on the Reliable Rider Platform or those participating in the Rideshare System.
You are responsible for the use of your User account and Reliable Rider expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Reliable Rider Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the misuse of any personal information that you disclose to other Users on the Reliable Rider Platform or through the Rideshare Services. Please carefully select the type of information that you post on the Reliable Rider Platform or through the Rideshare Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Reliable Rider or made available through the Reliable Rider Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Reliable Rider Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Reliable Rider Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Reliable Rider Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Reliable Rider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Reliable Rider Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Reliable Rider Platform may be accessible to Reliable Rider and certain Users of the Reliable Rider Platform.
Reliable Rider advises you to use the Reliable Rider Platform with a data plan with unlimited or very high data usage limits, and Reliable Rider shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Reliable Rider Platform.
As a Club Driver, you may be able to use the Reliable Rider navigation system while providing Rideshare Services on the Platform. Club Riders and Drivers may use Google Maps while using the Reliable Rider Platform. In either case, you agree that Google may collect your location data when using the Reliable Rider system. This data may also be shared with Reliable Rider in order to improve its operations.
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.Reliable Rider.com/club/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold Reliable Rider 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 Reliable Rider Platform and participation in the Rideshare 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, Club Drivers, Club 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 Reliable Rider 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 use or operation of a club motor vehicle including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
In no event will Reliable Rider, including our club affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Reliable Rider”) be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Reliable Rider Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Reliable Rider Platform, the Rideshare Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The Reliable Rider Platform may be used by you to schedule transportation for Club Members.
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon sixty (60) days’ prior written notice via email to Reliable Rider; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Reliable Rider may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Driver Services or to operate the club vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Reliable Rider’s safe driving club’s threshold; (3) Reliable Rider has the good faith belief that such action is necessary to protect the safety of the Reliable Rider club members, the community at large or third parties. A Reliable Rider Club can terminate your Driver Status and User Account for any reasonable cause. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Reliable Rider’s satisfaction, this Agreement will not be permanently terminated. As a User of the Reliable Rider Platform, you agree to notify Reliable Rider via email if you are arrested for any reason, or charged with a criminal complaint or offense.
Agreement to Binding Arbitration Between You and Reliable Rider.
You and Reliable Rider mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Reliable Rider ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims between you and Reliable Rider, including our club affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Reliable Rider’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, all disputes and claims between us shall be exclusively resolved by binding arbitration solely between you and Reliable Rider, LLC or you and a Reliable Rider Club (DBA). These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to:this Agreement or prior versions including the breach, termination, enforcement, interpretation and/or the Reliable Rider Platform, the Rideshare System, Reliable Rider promotions or referral programs , It also includes other goods or services made available through the Reliable Rider Platform. It also includes your relationship with Reliable Rider, the suspension, deactivation or termination of your User Account or this Agreement, background checks performed by and for Reliable Rider club drivers, club members (Riders), payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Reliable Rider, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Reliable Rider and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement shall be decided by the arbitrator, except as expressly provided below.
By agreeing to arbitration, you understand that you and Reliable Rider are waiving the right to sue in court or have a jury trial for all Claims, except as expressly otherwise provided in this Arbitration Agreement. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Prohibition of Class Actions and Non-Individualized Relief.
You understand and agree that you and Reliable Rider may each bring Claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (Class Action Waiver). You understand and agree that you and Reliable Rider both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim such as a request for public injunctive relief, then that Claim or particular remedy and only that Claim or particular remedy shall be severed from any remaining claims and/or remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
Representative PAGA Waiver (California Club Members & Club Drivers)
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Reliable Rider agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Reliable Rider agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: the unenforceable provision shall be severed from this Agreement; severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (AAA&) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA website (www.adr.org) (tAAA Rules) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person's Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and Reliable Rider will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
If Reliable Rider initiates arbitration under this Arbitration Agreement, Reliable Rider will pay all AAA filing and arbitration fees.
With respect to any Claims brought by Reliable Rider against a Driver, or for Claims brought by a Driver against Reliable Rider LLC that: (A) are based on an alleged employment relationship between Reliable Rider and a Driver; (B) arise out of, or relate to, Reliable Rider’s actual deactivation of a Driver’s User account or a threat by Reliable Rider to deactivate a Driver’s User account; (C) arise out of, or relate to, Reliable Rider’s actual termination of a Driver’s Agreement with Reliable Rider under the termination provisions of this Agreement, or a threat by Reliable Rider to terminate a Driver’s Agreement; (D) arise out of, or relate to compensation, tips , referral bonuses, other Reliable Rider promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver shall be collectively referred to as Driver Claims, Reliable Rider shall pay all costs unique to arbitration as compared to the costs of adjudicating the same claims before a court, including the regular and customary arbitration fees and expenses to the extent not paid by Reliable Rider pursuant to the fee provisions above. However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Rideshare Services to Club Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, or applicable law. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. The term “Driver” shall be deemed to include both Club Drivers and Club Driver applicants who have not been approved to drive.
Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Although under some laws Reliable Rider may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Reliable Rider agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose as measured by the standards of Federal Rule of Civil Procedure.
If the arbitrator issues you an award that is greater than the value of Reliable Rider’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then Reliable Rider will pay you the amount of the award or U.S. $1,000, whichever is greater.
Location and Manner of Arbitration.
Unless you and Reliable Rider agree otherwise, any arbitration hearings between Reliable Rider and a Club Member (Rider) will take place in the county of your billing address, and any arbitration hearings between Reliable Rider and a Club Driver will take place in the county in which the Driver provides Rideshare Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the Reliable Rider Platform or Rideshare Services. Where these claims are brought in a court of competent jurisdiction, Reliable Rider will not require arbitration of those claims. Reliable Rider's agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions listed above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Reliable Rider may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Reliable Rider. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Reliable Rider’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo disclosed to you by Reliable Rider for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Reliable Rider Platform any User Information obtained from the Reliable Rider Platform. As a Club Driver, you understand that some of Club Member (Rider) Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 ("HIPAA"), governing the privacy and security of protected (patient) health information. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped off the Rider as this could violate HIPAA. You understand that any violation of the Agreement's confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Reliable Rider in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Reliable Rider with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Reliable Rider or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Reliable Rider; becomes known to you, without restriction, from a source other than Reliable Rider without breach of this Agreement by you and otherwise not in violation of Reliable Rider’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Reliable Rider to enable Reliable Rider to seek a protective order or otherwise prevent or restrict such disclosure.
As a Club Driver on the Reliable Rider Platform, you acknowledge and agree that you and your Reliable Rider Club are in a direct business relationship, and the relationship between the parties under this Agreement is that of a part-time employee. You have no authority to bind your Reliable Rider Club.
This Agreement shall be governed by the laws of the State of Arizona without regard to choice of law principles. This choice of law provision is only intended to specify the use of Arizona law to interpret this Agreement and is not intended to create any other substantive right to non-arizona residents to assert claims under Arizona law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Reliable Rider, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Reliable Rider shall be given by certified mail, postage prepaid and return receipt requested to Reliable Rider, LLC, 4140 E. Baseline Road, Ste. 101, Mesa, AZ 85206. Any notices to you shall be provided to you through the Reliable Rider Platform or given to you via the email address or physical address you provide to Reliable Rider during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words include, includes and including are deemed to be followed by the words without limitation. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Reliable Rider and it supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Reliable Rider Platform or Rideshare Services, please contact us through our administrative email address: firstname.lastname@example.org