Terms of service

Terms of Service
1. Description of Service; Nature of Driver
Relationship
This Terms of Service is provided by Rafting Autters, LLC
(“Autter”) and was last updated August 14, 2018. The Service is
an application-based software service that enables users
(“Users”) to arrange and schedule rides for children between the
ages of eleven (if in Middle School) and seventeen (the
“Passenger”) with a third-party service provider (“Driver”). To use
the Service, you must download the Autter App and set up your
User profile. To create a User profile, you must enter a valid credit
card account and set up a Passenger profile. The User profile
requires you to provide certain personally identifiable information
and will contain other information about you and others who use
the Service via your account. Please see our Privacy Policy for
information on how Autter collects, uses and discloses information
from its users.
YOU ACKNOWLEDGE THAT THE SERVICE IS STRICTLY A
TECHNOLOGY PLATFORM; AUTTER DOES NOT PROVIDE
ANY TRANSPORTATION SERVICES, AND THAT THE ABILITY
TO OBTAIN TRANSPORTATION THROUGH THE SERVICE
DOES NOT ESTABLISH AUTTER AS A TRANSPORTATION
CARRIER. YOU ALSO ACKNOWLEDGE THAT DRIVER ONLY
PROVIDES TRANSPORTATION AND NOT ANY FORM OF
CHILDCARE SERVICES.
Drivers are not employees of Autter but rather provide the
transportation (the “Driver Services”) directly to you. Although
Autter conducts certain screening of Drivers as described at [the
“Driver Screening”) any agreement regarding the Driver Services
is strictly between you and the Driver, and Autter is not
responsible or liable for the Driver Services or for the conduct,
acts or omissions of any Driver. Unless otherwise agreed by
Autter in a separate written agreement with you, the Service is
made available solely for your personal, noncommercial use, and
you are authorized to access and use the Service (including the
Autter Technology) solely for your personal use in connection with
obtaining Driver Services.
Autter and the Drivers reserve the right to refuse services to any
User or Passenger, at their discretion, for any reason.
Autter also facilitates payment between you and the Driver who
provides the Driver Services in accordance with Section 4.2
below.
2. Eligibility; Authorization
You must be at least 18 years of age to create an account with
Autter. If you are under 18 years of age (or the age of legal
majority where you live), you may only access or use our Service
under the account and supervision of a parent or legal guardian
who has agreed to be bound by these Terms. If you are a parent
or legal guardian of a child under the age of 18 (or the age of
legal majority) who will be using the Service or the Driver
Services, you agree to be fully responsible for the acts of anyone
you authorize to arrange for Driver Services through our Service
or of any Passenger for whom you book any Driver Services. If
you are accessing or using our Service on behalf of another
person or entity, you represent that you are authorized to accept
these Terms on that person or entity’s behalf and that the person
or entity agrees to be bound by these Terms and responsible to
us if you or the other person or entity violates these Terms. You
represent and warrant to Autter that you will only book Driver
Services for Passengers for whom you have been specifically
authorized to do so by the parent or legal guardian of the
Passenger and the parents or legal guardians have agreed to
these Terms.
3. User Accounts and Account Security
Users need to register for an account to access our Service.
When you register for an account, you must provide accurate
account information and promptly update this information if it
changes. You also must maintain the security of your account and
promptly notify us if you discover or suspect that someone has
accessed your account without your permission. If you permit
others to use your account credentials, you are responsible for
the activities of such users that occur in connection with your
account.
4. Payment Terms
4.1. Payment
You agree to pay, and you hereby authorize Autter’s third-party
payment processor to charge, via one or more credit cards or
PayPal or other third-party payment processer, accounts on file in
your account (each a “Payment Method”) for all applicable fees
and taxes that may accrue in relation to your subscription to use
the Service. These payment processing services are governed by
the terms and conditions of those third-party services and will
apply to the payments you make using them. Any personal
information you provide to these payment providers will be
processed in accordance with the privacy policies of that
processor. If you have more than one Payment Method on file,
you will designate one Payment Method as your primary Payment
Method. You are responsible for providing a complete and
accurate Payment Method and contact information to us. If your
primary Payment Method is determined to be expired, invalid or
otherwise not able to be charged, you agree that Autter may use
any other Payment Method in your account, if available. If you do
not have a valid Payment Method listed in your account, you
agree to promptly provide Autter with a valid Payment Method
immediately upon request. Any amounts that Autter is unable to
charge to a valid Payment Method will be late payments and will
bear interest at the maximum legally allowable rate until paid. We
may suspend or terminate your access to the Service if a
payment is 30 days past due.
All fees and payments are non-refundable and non-transferable
except as expressly provided in these Terms. All amounts
referred to in these Terms, including those set forth through the
Service, are stated in U.S. dollars and do not include any taxes.
You will be responsible for the payment of any taxes applicable to
any payments made hereunder, except taxes based on Autter’s
income or the income of the Driver. Autter has no obligation to
provide refunds or credits relating to any Driver Services but may
do so in Autter’s sole discretion.
4.2. Driver Services Fees Generally
You will be charged a fee by your Driver for any and all rides and
other services completed by your Driver (“Driver Services Fees”).
Driver Services Fees vary based on the particular Driver Services
in question and may include tolls, surcharges and other fees (fees
for changes to rides after the cutoff time, booking rides after the
cutoff time through Autter concierge assistance, and split payment
fees where applicable), as described in the confirmation email you
will receive upon booking a ride. When scheduling Driver Services
through the Autter App, you will be quoted an estimate of the
applicable Driver Services Fees before you confirm your
reservation. Your actual Driver Services Fees charged by your
Driver for any given Driver Services may vary from these
estimates based on (a) the amount of time it takes to perform your
Driver Services (e.g., including the Driver’s waiting time if you,
other passengers or your account passengers, as applicable,
delay your pick-up or departure time, or due to traffic delays), (b)
the distance travelled during your Driver Services (e.g., if a detour
is required to avoid adverse road conditions), and (c) the amount
of any tolls, surcharges, and other fees which you are responsible
for paying. Your Driver Services Fees may also vary if you
change your pick-up time or location after confirming your Driver
Services reservation, or if your Driver is late for your scheduled
pick-up time. Service Fees may also include other applicable
fees, tolls, and/or surcharges including a booking fee, municipal
tolls, airport surcharges or other fees for split payments.
You understand that use of the Service to arrange for Driver
Services may result in charges to you for the Driver Services you
receive from a Driver. After you have received Driver Services
obtained through your use of the Service, Autter will facilitate your
payment of the applicable fees on behalf of the Driver. Payment
of the fees in such manner will be considered the same as
payment made directly by you to the Driver. Fees will be inclusive
of applicable taxes where required by law. Fees paid by you are
final and non-refundable.
All Driver Services Fees are due immediately and payment will be
facilitated by Autter using the Payment Method designated in your
account, after which Autter will send you a receipt by email.
As between you and Autter, Autter reserves the right to establish,
remove and revise fees for the Service or for any or all services
obtained through the use of the Service, including on behalf of
Drivers with respect to the Driver Services Fees, at any time in
Autter’s sole discretion. Further, you acknowledge and agree that
fees applicable in certain geographical areas may increase
substantially during times of high demand. You will be able to
view any applicable high-demand fees prior to booking a Driver
Services. Autter may from time to time provide certain users with
promotional offers and discounts that may result in different
amounts charged for the same or similar services obtained
through the use of the Service, and you agree that such
promotional offers and discounts, unless also made available to
you, will have no bearing on your use of the Service or the fees
applied to you. You may elect to cancel your request for Driver
Services from a Driver at any time prior to such Driver’s arrival, in
which case you may be charged a cancellation fee as described
in the confirmation email you will receive upon booking a ride.
The Driver Services Fees are intended to fully compensate the
Driver for the Driver Services provided. Autter does not designate
any portion of your payment as a tip or gratuity to the Driver. Any
representation by Autter (on Autter’s website, in the Autter App, or
in Autter’s marketing materials) to the effect that tipping is
voluntary, not required, and/or included in the payments you
make for services or goods provided is not intended to suggest
that Autter provides any additional amounts, beyond those
described above, to the Driver. You understand and agree that,
while you are free to provide additional payment as a gratuity to
any Driver who provides you with Driver Services obtained
through the Service, you are under no obligation to do so.
Gratuities are voluntary. After you have received the Driver
Services obtained through the Service, you will have the
opportunity to rate your experience and leave additional feedback
about your Driver.
4.3. Service Credits
Autter may allow the purchase of service credits that can be
applied towards future Driver Services (“Service Credits”) and
may offer the purchase of Service Credits at a discount. In
addition, Service Credits may be made available to you to use to
book Driver Services through an employer or other third party,
which Service Credits may be accessed through a code provided
by such third party (a “Credit Code”). A portion of such credits,
corresponding to the applicable Driver Services Fees, will be
deducted from your account upon booking Driver Services.
Additional terms for using such Service Credits may be made
available at the time of purchase or when such Credit Code is
provided to you, and such terms will become a part of these
Terms.
4.4. Carpools
You may elect for a Passenger under your account to share a ride
with Passengers of other Users who have an account with Autter
(a “Carpool”). Each Passenger’s parent or legal guardian must
have an active account with Autter and must authorize the party
arranging the Carpool to book a ride on their behalf. Carpools
may also be booked by an enterprise, such as a school, that each
parent or legal guardian of a Passenger in the Carpool has
authorized to book rides on their behalf. Autter will decide the best
route and pickup/drop off sequence for the Carpool. Autter will
show the minimum to maximum approximate pricing range based
on the number of Passengers invited to join the Carpool. The final
price per Passenger will be based on the actual Passengers
participating in the ride.
5. REPAIR OR CLEANING FEES
You will be responsible for the cost of repair for damage to, or
necessary cleaning of, Driver’s vehicles and other property
resulting from use of the Driver Services under your Account in
excess of normal “wear and tear” damages and necessary
cleaning (“Repair or Cleaning”). In the event that a Driver reports
the need for Repair or Cleaning, and such Repair or Cleaning
request is verified by Autter in Autter’s reasonable discretion,
Autter reserves the right to facilitate payment for the reasonable
cost of such Repair or Cleaning on behalf of the Driver using your
payment method designated in your Account. Such amounts will
be transferred by Autter to the applicable Driver and are nonrefundable.
You acknowledge and agree that Autter may, and you
hereby authorize Autter to, charge your Payment Method up to
$250 on a per-service (e.g. per-Ride) basis for any damages
incurred by your Driver that were caused by you, other
passengers or account passengers during Driver Services, as
determined in Autter’s sole discretion.
6. Mobile and Electronic Communications.
The Service involves receiving alerts, acknowledgements,
updates, offers, messages, and other information via your mobile
device and/or email. Therefore, when you use the Service, you
expressly agree that Autter and Drivers may contact you via text
message, phone or email using the information you provide in
your user account or otherwise provide to us. Your carrier’s
standard messaging, data and other rates and fees apply. You
should check with your carrier to find out what plans are available
and how much they cost. All charges are billed by and payable to
your mobile service provider. At any time, you may opt out of
receiving texts by texting STOP to cancel and you may text HELP
for customer support information. You acknowledge that opting
out of receiving text (SMS) messages may impact your use of the
Service.
7. User Content
As part of our Service you may have the opportunity to post or
upload photos, reviews and other content from time to time
(collectively, “User Content”). Except for the license you grant
below, you retain all rights in and to your User Content, as
between you and Autter. You grant Autter a perpetual,
irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and
sub-licensable license to reproduce, distribute, adapt, publish,
translate, create derivative works from, publicly perform, publicly
display and otherwise use your User Content, and any name,
username or likeness provided in connection with your User
Content, in any media or media in connection with the Service
without compensation to you. If you post or otherwise share
reviews on or through third-party social media sites or other
content that is intended to be shared, you understand that such
User Content and any associated information (such as your
username or profile photo for such third-party social media sites)
may be visible to the public. You are solely responsible for all
User Content you post.
You may not upload, post, store, share or otherwise use any User
Content that violates these Terms, that infringes or violates the
rights of any third party, or for which you do not have all the rights
necessary to grant us the license described above. Although we
have no obligation to screen, edit or monitor User Content, we
may delete or remove User Content at any time and for any
reason.
8. Prohibited Conduct and Content
You agree not to violate or infringe upon any applicable law,
contract, intellectual property or other third-party right or commit a
tort in connection with your use of the Service or the Driver
Services, and you are solely responsible for your conduct while
accessing or using our Service or the Driver Services. Without
limiting the foregoing, you will not:
• Engage in any harassing, threatening, intimidating, predatory,
violent or stalking conduct;
• Use or attempt to use another User’s account without
authorization from that user and Autter or arrange or attempt
to arrange rides for any Passenger for whom you are not
authorized to do so;
• Use our Service in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying our
Service or that could damage, disable, overburden or impair
the functioning of our Service in any manner;
• Reverse engineer any aspect of our Service or do anything that
might discover source code or bypass or circumvent
measures employed to prevent or limit access to any part of
our Service;
• Attempt to circumvent any content-filtering techniques we
employ or attempt to access any feature or area of our
Service that you are not authorized to access;
• Develop or use any third-party applications that interact with our
Service without our prior written consent, including any
scripts designed to scrape or extract data from our Service;
or
• Use any data mining, robots or similar data gathering or
extraction methods; or
• Use our Service or the Driver Services for any illegal or
unauthorized purpose, or engage in, encourage or promote
any activity that violates these Terms.
You may also only post or otherwise share User Content that is
non-confidential, and you have all necessary rights to disclose.
You may not create, post, store or share any User Content that:
• Is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, false,
misleading, invasive of privacy or publicity rights, abusive,
inflammatory or fraudulent;
• May infringe any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do
not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person
or entity;
• Contains any unsolicited promotions, political campaigning,
advertising or solicitations;
• Contains any private or personal information of a third party
without such third party’s consent including, without
limitation, addresses, phone numbers, and email addresses;
• Contains any viruses, corrupted data or other harmful, disruptive
or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits
any other person from using or enjoying our Service, or that
may expose Autter or others to any harm or liability of any
type.
In addition, although we have no obligation to screen, edit or
monitor User Content, we may delete or remove User Content at
any time and for any reason.
9. Limited License; Copyright and Trademark
Our Service and the text, graphics, images, photographs, videos,
illustrations, trademarks, trade names, service marks, logos,
slogans and other content contained therein (collectively, the
“Autter Content”) are owned by or licensed to Autter and are
protected under both United States and foreign laws. Except as
explicitly stated in these Terms, Autter and our licensors reserve
all rights in and to our Service and the Autter Content. You are
hereby granted a limited, nonexclusive, nontransferable, nonsublicensable,
revocable license to access and use our Service
and Autter Content for your own personal use; however, such
license is subject to these Terms and does not include any right to
(a) sell, resell or commercially use our Service or Autter Content;
(b) copy, reproduce, distribute, publicly perform or publicly display
Autter Content, except as expressly permitted by us or our
licensors; (c) modify the Autter Content, remove any proprietary
rights notices or markings, or otherwise make any derivative uses
of our Service or Autter Content; and (d) use our Service or Autter
Content other than for their intended purposes. Any use of our
Service or Autter Content other than as specifically authorized
herein, without our prior written permission, is strictly prohibited
and will terminate the license granted herein.
10. Feedback
Any questions, comments, suggestions, ideas, original or creative
materials or other information you submit about Autter or our
products or Service (collectively, “Feedback”), is non-confidential
and will become the sole property of Autter. We will own exclusive
rights, including, without limitation, all intellectual property rights,
in and to Feedback and will be entitled to the unrestricted use and
dissemination of Feedback for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
11. Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”)
and other applicable law, Autter has adopted a policy of
terminating, in appropriate circumstances and at Autter's sole
discretion, subscribers or account holders who are deemed to be
repeat infringers. Autter may also at its sole discretion limit access
to the Service or terminate the accounts of any users who infringe
any intellectual property rights of others, whether or not there is
any repeat infringement. If you believe that anything on our
Service infringes any copyright that you own or control, you may
notify Autter’s Designated Agent at Legal@autterride.com. Please
see 17 U.S.C. §512(c)(3) for the requirements of a proper
notification. Also, please note that if you knowingly misrepresent
that any activity or material on our Service is infringing, you may
be liable to Autter for certain costs and damages.
12. Indemnification
To the fullest extent permitted by applicable law, you will
indemnify, defend, and hold harmless Autter and each of our
respective officers, directors, agents, partners and employees
(individually and collectively, the (“Autter Parties”) from and
against any loss, liability, claim, demand, damages, expenses
(including reasonable attorneys’ fees) and costs (“Claims”) arising
out of or related to (a) your access to or use of our Service or the
Driver Services; (b) your User Content or Feedback; (c) your
violation of these Terms; (d) your violation, misappropriation or
infringement of any rights of another person or entity (including
intellectual property rights or privacy rights); (e) any breach or
alleged breach of any representation or warranty in this
Agreement; or (f) your conduct in connection with our Service or
the Driver Services, including any bodily injury or property
damage you cause. You agree to promptly notify Autter Parties of
any third-party Claims, cooperate with Autter Parties in defending
such Claims and pay all fees, costs and expenses associated with
defending such Claims (including, but not limited to, attorneys’
fees). You also agree that the Autter Parties will have control of
the defense or settlement of any third-party Claims. This
indemnity is in addition to, and not in lieu of, any other indemnities
set forth in a written agreement between you and Autter or the
other Autter Parties.
13. Disclaimers
We do not control, endorse or take responsibility for any
User Content or third-party content available on or linked
to by our Service or for the Driver Services or for the
conduct of any Driver.
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK.
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE”􀀀 BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. IN
ADDITION, AUTTER DOES NOT REPRESENT OR
WARRANT THAT OUR SERVICE IS ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE AUTTER ATTEMPTS TO MAKE YOUR ACCESS
TO AND USE OF OUR SERVICE SAFE, WE CANNOT
AND DO NOT REPRESENT OR WARRANT THAT OUR
SERVICE OR SERVERS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SERVICE.
FOR THE AVOIDANCE OF DOUBT, AUTTER DOES NOT
PROVIDE TRANSPORTATION SERVICES, AND
AUTTER IS NOT A TRANSPORTATION CARRIER. IT IS
UP TO THE DRIVER TO OFFER TRANSPORTATION
SERVICES, WHICH MAY BE REQUESTED BY A
MEMBER THROUGH THE USE OF THE SERVICE. ANY
DECISION BY A MEMBER, OTHER PASSENGER OR
ACCOUNT PASSENGER TO ACCEPT
TRANSPORTATION FROM A DRIVER IS A DECISION
MADE IN SUCH MEMBER, OTHER PASSENGER OR
ACCOUNT PASSENGER’S SOLE DISCRETION.
AUTTER OFFERS INFORMATION AND TECHNOLOGY
TO CONNECT DRIVER AND MEMBERS WITH EACH
OTHER BUT DOES NOT AND DOES NOT INTEND TO
PROVIDE TRANSPORTATION SERVICES OR
CHILDCARE SERVICES OR ACT IN ANY MANNER AS A
TRANSPORTATION CARRIER OR CHILDCARE
PROVIDER AND HAS NO RESPONSIBILITY OR
LIABILITY FOR ANY TRANSPORTATION SERVICES,
CHILDCARE SERVICES, OR OTHER SERVICES
PROVIDED TO ANY MEMBER, OTHER PASSENGER
OR ACCOUNT PASSENGER BY ANY DRIVER USING
THE SERVICE.
ALTHOUGH AUTTER CONDUCTS CERTAIN DRIVER
SCREENINGS AS DESCRIBED, AND ALTHOUGH ONLY
DRIVERS WHO SUCCESSFULLY COMPLETE THE
DRIVER SCREENING PROCESS, AS DETERMINED IN
AUTTER’S DISCRETION, ARE PERMITTED TO USE
THE SERVICE TO PROVIDE DRIVER SERVICES, NO
SCREENING PROCESS IS PERFECT. AS A RESULT,
AUTTER CANNOT AND DOES NOT GUARANTEE, AND
MAKES NO REPRESENTATIONS REGARDING, THE
ACCURACY OR EFFICACY OF THE DRIVER
SCREENING PROCESS OR THE SUITABILITY,
SAFETY, ABILITY, RELIABILITY, OR ACCURACY OF
ANY DRIVER, THE DRIVER SERVICES PROVIDED BY
ANY DRIVER, OR THE CONDITION OF THE VEHICLES
IN WHICH ANY DRIVER SERVICES ARE PERFORMED.
IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE
IF A DRIVER WILL MEET YOUR NEEDS AND
EXPECTATIONS. AUTTER WILL NOT PARTICIPATE IN
DISPUTES BETWEEN YOU AND A DRIVER. BY USING
THE SERVICE, YOU ACKNOWLEDGE THAT YOU MAY
BE EXPOSED TO SITUATIONS INVOLVING A DRIVER
THAT ARE POTENTIALLY UNSAFE, OFFENSIVE,
HARMFUL TO MINORS, OR OTHERWISE
OBJECTIONABLE, AND THAT USE OF DRIVER
ARRANGED OR SCHEDULED USING THE SERVICE IS
AT YOUR OWN RISK AND JUDGMENT. AUTTER WILL
NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY
WAY RELATED TO YOUR TRANSACTIONS OR
RELATIONSHIP WITH DRIVER OR IN CONNECTION
WITH ANY FAILURE OR ERROR WITH RESPECT TO
ANY DRIVER SCREENINGS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A)
AUTTER AND THE OTHER AUTTER PARTIES WILL NOT BE
LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN
IF AUTTER OR THE OTHER AUTTER PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B)
THE TOTAL LIABILITY OF AUTTER AND THE OTHER AUTTER
PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING
TO THESE TERMS OR OUR SERVICE OR THE DRIVER
SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
ACCESS OR USE OUR SERVICE.
The limitations set forth in this section will not limit or exclude
liability for the gross negligence, fraud or intentional misconduct of
Autter or the other Autter Parties or for any other matters in which
liability cannot be excluded or limited under applicable law.
Additionally, some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above
limitations or exclusions may not apply to you.
15. Release
To the fullest extent permitted by applicable law, you release
Autter and the other Autter Parties from responsibility, liability,
claims, demands, and/or damages (actual and consequential) of
every kind and nature, known and unknown (including, but not
limited to, claims of negligence), arising out of or related to
disputes between users and the acts or omissions of third parties
including Drivers. You expressly waive any rights you may have
under any statute or common law principles that would otherwise
limit the coverage of this release to include only those claims
which you may know or suspect to exist in your favor at the time
of agreeing to this release.
16. Transfer and Processing Data
By accessing or using our Service, you consent to the processing,
transfer and storage of information about you in and to the United
States and other countries, where you may not have the same
rights and protections as you do under local law.
17. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it
requires you to arbitrate certain disputes and claims with
Autter and limits the manner in which you can seek relief
from us.
Except for small claims disputes in which you or Autter
seek to bring an individual action in small claims court
located in the county of your billing address or disputes in
which you or Autter seeks injunctive or other equitable
relief for the alleged unlawful use of intellectual property,
you and Autter waive your rights to a jury trial and to have
any dispute arising out of or related to these Terms or our
Service resolved in court. Instead, all disputes arising out
of or relating to these Terms or our Service will be resolved
through confidential binding arbitration held in Atlanta,
Georgia in accordance with the Streamlined Arbitration
Rules and Procedures (“Rules”) of the Judicial Arbitration
and Mediation Services (“JAMS”), which are available on
the JAMS website and hereby incorporated by reference.
You either acknowledge and agree that you have read and
understand the rules of JAMS or waive your opportunity to
read the rules of JAMS and any claim that the rules of
JAMS are unfair or should not apply for any reason.
You and Autter agree that any dispute arising out of or
related to these Terms or our Service is personal to you
and Autter and that any dispute will be resolved solely
through individual arbitration and will not be brought as a
class arbitration, class action or any other type of
representative proceeding.
You and Autter agree that these Terms affect interstate
commerce and that the enforceability of this Section 17 will
be substantively and procedurally governed by the Federal
Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the
maximum extent permitted by applicable law. As limited by
the FAA, these Terms and the JAMS Rules, the arbitrator
will have exclusive authority to make all procedural and
substantive decisions regarding any dispute and to grant
any remedy that would otherwise be available in court;
provided, however, that the arbitrator does not have the
authority to conduct a class arbitration or a representative
action, which is prohibited by these Terms. The arbitrator
may only conduct an individual arbitration and may not
consolidate more than one individual’s claims, preside over
any type of class or representative proceeding or preside
over any proceeding involving more than one individual.
You and Company agree that for any arbitration you
initiate, you will pay the filing fee and Company will pay the
remaining JAMS fees and costs. For any arbitration
initiated by Company, Company will pay all JAMS fees and
costs. You and Autter agree that the state or federal courts
of the State of Georgia and the United States sitting in
Atlanta, Georgia have exclusive jurisdiction over any
appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE
TERMS OR OUR SERVICE MUST BE FILED WITHIN
ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE,
THE CLAIM IS PERMANENTLY BARRED, WHICH
MEANS THAT YOU AND AUTTER WILL NOT HAVE THE
RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within
30 days of the date you first accepted the terms of this
Section 17 by emailing Autter at Legal@Autterride.com. In
order to be effective, the opt out notice must include your
full name and clearly indicate your intent to opt out of
binding arbitration. By opting out of binding arbitration, you
are agreeing to resolve Disputes in accordance with
Section 19.
18. Insurance
Autter will provide limited liability insurance covering you and
passengers during rides that are part of the Driver Services.
However, Drivers are otherwise responsible for insurance for the
vehicles they use to provide the Driver Services.
19. Governing Law and Venue
These Terms and your access to and use of our Service will be
governed by and construed and enforced in accordance with the
laws of Georgia, without regard to conflict of law rules or
principles (whether of Georgia or any other jurisdiction) that would
cause the application of the laws of any other jurisdiction. Any
dispute between the parties that is not subject to arbitration or
cannot be heard in small claims court will be resolved in the state
or federal courts of Georgia and the United States, respectively,
sitting in Atlanta, Georgia.
20. Changes to these Terms
We may make changes to these Terms from time to time. If we
make changes, we will post the amended Terms to our Service
and update the “Last Updated” date above. We may also attempt
to notify you by sending an email notification to the address
associated with your account or providing notice through our
Service. Unless we say otherwise in our notice, the amended
Terms will be effective immediately and your continued access to
and use of our Service after we provide notice will confirm your
acceptance of the changes. If you do not agree to the amended
Terms, you must stop accessing and using our Service.
21. Electronic Communications
By creating an Autter account, you also consent to receive
electronic communications from Autter (e.g., via email or by
posting notices on our Service). These communications may
include notices about your account (e.g., payment authorizations,
password changes and other transactional information) and are
part of your relationship with us. You agree that any notices,
agreements, disclosures or other communications that we send to
you electronically will satisfy any legal communication
requirements, including, but not limited to, that such
communications be in writing.
22. Termination; Modification of Discontinuance of
Service
We reserve the right, without notice and in our sole discretion, to
terminate your right to access or use our Service. We also
reserve the right to modify, suspend or discontinue the Service or
any features or functionality thereof at any time without notice and
without obligation or liability to you. We are not responsible for
any loss or harm related to your inability to access or use our
Service.
23. Severability
If any provision or part of a provision of these Terms is unlawful,
void or unenforceable, that provision or part of the provision is
deemed severable from these Terms and does not affect the
validity and enforceability of any remaining provisions.
24. Additional Terms Applicable to iOS Devices
The following terms apply if you install, access or use the Service
on any device that contains the iOS mobile operating system (the
“App”) developed by Apple Inc. (“Apple”).
• Acknowledgement. You acknowledge that these Terms are
concluded solely between us, and not with Apple, and
Autter, not Apple, is solely responsible for the App and the
content thereof. You further acknowledge that the usage
rules for the App are subject to any additional restrictions
set forth in the Usage Rules for the Apple App Store
Terms of Service as of the date you download the App,
and in the event of any conflict, the Usage Rules in the
App Store shall govern if they are more restrictive. You
acknowledge and agree that you have had the opportunity
to review the Usage Rules.
• Scope of License. The license granted to you is limited to a
non-transferable license to use the App on any iPhone,
iPod touch or iPad that you own or control as permitted by
the Usage Rules set forth in the Apple App Store Terms
of Service.
• Maintenance and Support. You and Autter acknowledge that
Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the
App.
• Warranty. You acknowledge that Apple is not responsible for
any product warranties, whether express or implied by
law, with respect to the App. In the event of any failure of
the App to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price, if
any, paid to Apple for the App by you; and to the
maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with
respect to the App. The parties acknowledge that to the
extent that there are any applicable warranties, any other
claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any such
applicable warranty would be the sole responsibility of
Autter. However, you understand and agree that in
accordance with these Terms, Autter has disclaimed all
warranties of any kind with respect to the App, and
therefore, there are no warranties applicable to the App.
• Product Claims. You and Autter acknowledge that as
between Apple and Autter, Autter, not Apple, is
responsible for addressing any claims relating to the App
or your possession and/or use of the App, including, but
not limited to (a) product liability claims, (b) any claim that
the App fails to conform to any applicable legal or
regulatory requirement, and (c) claims arising under
consumer protection or similar legislation.
• Intellectual Property Rights. The parties acknowledge that, in
the event of any third-party claim that the App or your
possession and use of the App infringe that third party’s
intellectual property rights, Autter, and not Apple, will be
solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property
infringement claim to the extent required under these
Terms.
• Legal Compliance. You represent and warrant that (a) you
are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country, and
(b) you are not listed on any U.S. Government list of
prohibited or restricted parties.
• Developer Name and Address. Any questions, complaints or
claims with respect to the App should be directed to:
Autter at Legal@autterride.com.
• Third-Party Terms of Agreement. You agree to comply with
any applicable third-party terms when using the Service.
• Third-Party Beneficiary. The parties acknowledge and agree
that Apple, and Apple’s subsidiaries, are third-party
beneficiaries of these Terms, and that, upon your
acceptance of these Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce
these Terms against you as a third-party beneficiary
thereof).
25. Miscellaneous
These Terms (together with any written agreement executed by
you and Autter with respect to the Services) constitute the entire
agreement between you and Autter relating to your access to and
use of our Service. The failure of Autter to exercise or enforce any
right or provision of these Terms will not operate as a waiver of
such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. Except
as otherwise provided herein, these Terms are intended solely for
the benefit of the parties and are not intended to confer third party
beneficiary rights upon any other person or entity.
Last Updated: August 14, 2018
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