THESE TERMS AND CONDITIONS OF USE ( “Agreement”) is a binding contract between you, an
individual
user
(“Rider”, “User” “you”, or “yours”) and Rove Loop, LLC, a New York limited liability company,
and its
successors and assigns (“we”, “us”, “our”, “RoveLoop” or “Rove”) governing your use of the
mobile
application (the “Application”) (collectively, the “Service”).
BEFORE YOU PROCEED, PLEASE READ THIS AGREEMENT CAREFULLY. THIS
AGREEMENT
CONTAINS WARRANTY AND
LIABILITY
DISCLAIMERS AND AN AGREEMENT TO ARBITRATE ANY DISPUTES ARISING HEREUNDER. BY USING THE
APPLICATION,
YOU
ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR
DELETIONS.
YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES
AND
GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS
PRESENTED IN
RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY ROVE (IF
YOU DO
NOT
AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR
APPLICATION).
Essential Information.
As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
About Rove.
RoveLoop is the newest way to ride within the Hamptons. RoveLoop is a micro-mobility technology and operating company which offers Riders the ability to book private transportation services in low speed electric vehicles (each a “Vehicle”) within several different markets. Our Service allows you to reserve on demand rides in low speed vehicles each such ride, a “Ride”).
Access to the Service.
You may access the Service for free, but in order to request a vehicle, you will have to pay the Fees, as further defined below.
Changes to this Agreement.
The Service is owned and operated by RoveLoop. RoveLoop reserves the right to make changes to this Agreement in its sole discretion at any time and without prior notice to you other than by posting the revised Agreement on the Service. Revisions to this Agreement are effective upon posting. The Agreement will be identified as of the most recent date of revision. Your continued use of the Service after a revised version of this Agreement has been posted by RoveLoop to the Service constitutes your binding acceptance of such revised Agreement. Notwithstanding the foregoing, no revisions to this Agreement will apply to (i) any Ride booked through the Service prior to the effective date of any revisions hereto or (ii) any dispute between you and RoveLoop that arose prior to the effective date of such revision.
Corporate Users.
If you are using or opening an account on the Service on behalf of a company, entity, or organization (each, a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to this Agreement and (ii) agree to be bound by this Agreement on behalf of such Subscribing Entity.
Children.
The Service is not intended for individuals who are under the age of eighteen (18) years old. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE OR BOOK A RIDE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least eighteen (18) years of age. Rove does not seek to gather information from or about children under the age of thirteen (13) through the Service.
Privacy Policy.
Your use of the Service is subject to our Privacy Policy, which is expressly incorporated herein. By using the Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy. Depending on how you are accessing the Service, your use of the Website may incur third party fees and may be subject to third party terms, and you agree to pay all such fees and abide by all such terms.
Security Breaches.
You are prohibited from violating, or attempting to violate, breach or alter the security of the Website. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at RoveLoop’s sole discretion. Rove reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
REGISTRATION AND ELIGIBILITY.
Registering for an Account.
In order to use the Service, you will have to register for an account on the Service (an “Account”). When registering, you must provide your e-mail address, phone number and a password and certain personal information about you. This information will be held and used in accordance with the Privacy Policy. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Service, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify RoveLoop immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. RoveLoop will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying RoveLoop of such unauthorized use or loss of your credentials.
Accuracy of Information.
You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by RoveLoop. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, RoveLoop reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.
BOOKING A RIDE.
Requesting a Ride.
The Service will display Vehicles available within pre-determined operating radius’. Riders may hail an on-demand Ride using the Application on any number of Vehicles, subject to availability. Riders acknowledge and agree that Rides are booked on a first-come-first-serve basis. Riders have access to all available 5 passengers’ seats. Riders are subject to paying the full fare. Rides are required to begin and end in the predetermined operational “Zone” or “Market” and may not go out of the pre-determined operational “Zone” or “Market”.
Confirmations.
To request a Ride, you will need to provide your credit card information, your e-mail address and a cell phone number. PLEASE NOTE THAT YOUR RIDE, IS NOT CONFIRMED UNTIL YOU RECEIVE A CONFIRMATION NOTICE FROM ROVELOOP.
CANCELLATIONS.
Rides are non-refundable, in any circumstance, immediately after the trip begins. Riders will be given the opportunity to cancel a requested ride up to two minutes after initially requesting the ride. Rides that are canceled after the two minute grace period, but before the Rider enters the vehicle, are subject to the full fare.
Weather Guarantee.
If your Ride is cancelled due to inclement weather or other forces beyond our control, we will refund your payment or issue Ride Credits, upon request. Any issued Ride Credits may be applied towards future travel on RoveLoop, which shall expire after twelve (12) months. Refunds will be credited to the credit card used to initially reserve the Seat.
PAYMENTS.
Fees.
The fee for each Ride will be displayed on the Service. Fees are due and payable upon reserving a Ride.
Payments.
The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars. Rove contracts with Stripe, a third-party service, to process online payments. Please do not use the Service unless you have read and agree to Stripe’s Privacy Policy and security practices. Our collection of your information is governed by the terms of our Privacy Policy, to which you expressly agree.
Damage to Vehicles.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by RoveLoop in RoveLoop’s reasonable discretion, RoveLoop reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Uber to a third-party Services Provider, if applicable, and are non-refundable.
Luggage Policy.
One small carry on per person is allowed (10-lbs maximum), approximately the same size as a carry-on bag on a commercial airline flight. Your luggage will be inspected for size and weight when you arrive to the point of departure. Golf Clubs and oversized items are only permitted on Launched Rides, with prior notification and approval. RoveLoop reserves the right to disallow a bag or bags that exceed the maximum allowable weight or is deemed too heavy or large by the driver of the Vehicle. In this case, RoveLoop can deliver the luggage to the Rider’s destination, at the Rider’s expense.
Pets.
Pets under 25-lbs and placed in a carrier or on the passenger’s lap are permitted on Rides, and may be subject to an additional fee which must be paid at the time you reserve your Ride on the RoveLoop Application.
Refusal to Transport.
RoveLoop may, in its sole discretion, refuse to transport or may remove a passenger from any Vehicle for one or several reasons, including but not limited to: (i) failure by the passenger to comply with the rules of this Agreement or disobeying specific instructions given by the Vehicle’s driver, in the interest of safety; (ii) conduct of the passenger that in the judgment of Rove or the Service Provider is or is known to be disorderly, disruptive, abusive, threatening, or violent or otherwise detrimental to the comfort or safety of the other passengers; (iii) appearance by the passenger that he/she is intoxicated or under the influence of drugs or alcohol to a degree that refusal or removal may be necessary for the safety of other passengers.
The fare of any Rider refused passage or removed during a Ride under the provisions of this Section will be refunded to the Rider. Such a refund shall be the sole recourse of any Passenger refused passage or removed during a Ride. UNDER NO CIRCUMSTANCES WILL ROVELOOP OR ITS SERVICE PROVIDERS BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE.
Third Party Materials.
You understand that by using the Service, you may encounter data, information, applications, or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including content and Sponsored Goods (as defined below) from RoveLoop (collectively (including Third Party Materials), the “Content”), that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the Service, and rely upon any Content accessible through the Service, at your sole risk and that Rove will not have any liability to you for Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
You agree and understand that the Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you will not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that RoveLoop is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal, or other harmful messages or transmissions that you may receive as a result of using the Service.
In addition, third party services and Third-Party Materials that may be accessed from, displayed on, or linked to from your device are not available in all languages or in all countries. RoveLoop makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. RoveLoop and its licensors reserve the right to change, suspend, remove, or disable access to such services at any time without notice. In no event will RoveLoop be liable for the removal of or disabling of access to any such services. RoveLoop may also impose limits on the use of or access to certain services at any time, in any case and without notice or liability
Furthermore, RoveLoop and its partners, affiliates, sponsors and other third-parties may provide third-party goods for each Rider’s personal use during a Ride, such as travel amenities, tote-bags and other goods (“Sponsored Goods”). You agree that such Sponsored Goods are meant for Riders who are eighteen (18) years and older and that your use of the Sponsored Goods is at your own risk. You further agree to hold RoveLoop and its partners, affiliates, sponsors and other applicable third-parties harmless for any damages incurred as a result of your use of the Sponsored Goods.
YOUR USE OF THE SERVICE AND THE CONTENT.
Limitations on Use.
Your rights to use the Service are expressly conditioned on the following:
Consent to Use of Data.
You agree that RoveLoop may collect and use technical data and related information about your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes. Please see our Privacy Policy for more details regarding the information RoveLoop collects and how it uses and discloses that information.
Intellectual Property.
The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of RoveLoop and its licensors. Except for the limited license expressly granted by and to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted under this Agreement, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by a party hereunder are expressly reserved
Feedback.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending RoveLoop or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to RoveLoop, you agree that:
Termination.
The Agreement is effective until terminated by you or RoveLoop. Your rights under this Agreement will terminate automatically without notice from RoveLoop if you fail to comply with any term(s) of this Agreement (including by violating any license restriction provided herein). Upon any termination of this Agreement, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the Website.
Indemnification.
You agree to indemnify and hold RoveLoop, and its members, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Content, (b) any injury or damage caused to you by virtue of your use of the Service or in connection with any Ride or (b) your violation of this Agreement. RoveLoop will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if RoveLoop is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address for you, your indemnification obligation will continue notwithstanding RoveLoop’s inability to contact you in a timely manner.
NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND SERVICE MATERIALS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL SERVICE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROVELOOP HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROVELOOP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR ANY APPLICABLE RIDE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE, OR ANY APPLICABLE RIDE, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, THE PACKAGE OR SERVICE MATERIALS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROVELOOP OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THHIS AGREEMENT. SHOULD THE SERVICE PROVELOOP DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ROVELOOP OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUCCESSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ROVELOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ROVELOOP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNTS PAID TO ROVELOOP BY YOU IN THE PRECEDING 12 MONTHS OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
DISCLAIMER: BY AGREEING TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT ROVELOOP IS ONLY A BOOKING ENGINE AND DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE (“Transportation Carrier[s]” or “Service Provider[s]”, as context may require). ROVELOOP OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
ROVELOOP MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION CARRIERS AND PRODUCTS TO PROVIDE YOU TRANSPORTATION AND ADDITIONAL AMENITIES, INCLUDING SPONSORED GOODS, BUT ROVELOOP DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION CARRIER OR SPONSORED GOOD AND YOU EXPRESSLY WAIVE AND RELEASE ROVELOOP FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION CARRIERS AND THIRD-PARTY SPONSORED GOODS. YOU ACKNOWLEDGE THAT ROVELOOP DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION CARRIER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND ROVELOOP WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION CARRIER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. ROVELOOP WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING ROVELOOP’S SERVICES RESTS SOLELY WITH YOU. ROVELOOP WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE ROVELOOP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY CARRIER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION OR ADDITIONAL THIRD-PARTY SPONSORED GOODS THAT ARE POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
IN NO EVENT WILL ROVELOOP, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE, PERSONS YOU MEET THROUGH THE SERVICE OR RIDES YOU BOOK THROUGH THE SERVICE.
THIRD PARTY DISPUTES.
ANY DISPUTE YOU HAVE WITH ANY TRANSPORTATION CARRIER OR SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE ROVELOOP AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
DISPUTE RESOLUTION.
Mandatory Arbitration.
PLEASE READ THIS CAREFULLY. This Arbitration Agreement affects your rights in the event of a dispute. YOU AND ROVELOOP AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Commencing Arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to RoveLoop, to you via any other method available to RoveLoop, including via e-mail. The Notice to RoveLoopLoop should be addressed to RoveLoop Loop Loop, LLC, 152 W. 57th Street, 31st Floor, New York, NY, 10019 Attn: Legal (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and RoveLoop do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or RoveLoop may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“Rules”), AS MODIFIED BY THIS AGREEMENT. VENUE FOR ANY ARBITRATION SHALL BE IN NEW YORK, NEW YORK.
The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against RoveLoop, then RoveLoop will promptly reimburse you for your confirmed payment of the filing fee upon RoveLoop’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than one thousand ($1,000.00) or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding.
The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and RoveLoop agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions.
YOU AND ROVELOOP AGREE THAT YOU AND ROVELOOP MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
Decision of the Arbitrator.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within one hundred twenty (120) days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of New York in conducting the arbitration. In the event that a dispute related to the Service evidences a transaction involving interstate commerce, the United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
Equitable Relief.
The foregoing provisions of this Dispute Resolution section do not apply to any claim in which RoveLoop seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by RoveLoop or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against RoveLoop, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
Claims.
You and RoveLoop agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims.
All claims you bring against RoveLoop must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, RoveLoop may recover its attorneys' fees and costs incurred, provided that RoveLoop has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Modifications.
In the event that RoveLoop makes any future change to these mandatory arbitration provisions (other than a change to RoveLoop’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to RoveLoop’s Arbitration Notice Address, in which case your account with RoveLoop and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
Governing Law.
The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
Assignment.
You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of RoveLoop.
Survival.
The provisions of the Agreement that are intended to survive the termination of the Agreement by their nature will survive the termination of the Agreement, including, but not limited to the Sections entitled “About RoveLoop,” “Your Use of the Service and Content,” “Third Party Materials,” “Consent to Use of Data,” “Ownership,” “Feedback,” “Termination,” “Indemnity,” “No Warranty,” “Limitation of Liability,” “Third Party Disputes,” “Dispute Resolution,” “Governing Law,” “Assignment,” “Survival,” “Consent to Electronic Communications,” “Miscellaneous,” and “Contacting RoveLoop.”
Consent to Electronic Communications.
By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Miscellaneous.
This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and RoveLoop regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RoveLoop as a result of this Agreement or use of the Service.
Contacting RoveLoop.
You can contact RoveLoop, LLC. by email at reservations@ridewithrove.com, or by U.S. mail at C/O Larry H. Schatz, Esq. 152 W. 57th Street, 31st Floor, New York, NY 10019.
Last Updated: May 10, 2021.