TRIDE Technology, LLC
Created March 2, 2016
**Updated April 24, 2017**
TERMS OF SERVICE
THIS FOLLOWING USER AGREEMENT GOVERNS THE TERMS AND CONDITIONS UNDER WHICH Tride technology, llc AUTHORIZES YOUR ACCESS TO THE tride technology, llc application.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Tride Technology, LLC (“TRIDE,” “we,” “us” or “our”), an Oklahoma Limited Liability Corporation, governing your use of the TRIDE application, website, and technology platform (collectively, The Platform”). The Platform only provides the licensing of the TRIDE application and shall act only as the merchant. All Drivers, as defined below, are independent contractors and not employees of TRIDE. You accept that you are an independent contractor and have been granted permission to utilize The Platform. Our application is to only be used where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a “User Account” that enables such User to access The Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. This Agreement governs all Users.
TRIDE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND TRIDE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE tride PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS. tride claims no responsibility for the driver. it is the driver’s responsibility to perform the ride in a safe and professional manner.
By creating your User account and using The Platform you expressly acknowledge that you understand this Agreement and accept all of its terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, then you are not authorized to access The Platform or any other technology applications of TRIDE.
**NOTE: TRIDE does not operate the “Move-It” Service or the “Party Bus” Service in the State of Oklahoma.**
Modification/Changes to the Agreement
We reserve the right to modify/change the terms and conditions of this Agreement at any time by posting the amended terms on this site. If we make changes we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. Changes are effective when posted. You are responsible for regularly reviewing this Agreement. Continued use of The Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access The Platform or the Services.
The Platform is available only to adults over the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing The Platform is not available to children (persons under the age of 18) or Users who have had their User Account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old, and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Payments, Fees & Charges
As a Rider, you agree that any amounts charged following a ride (a “Charge”) are mandatory and due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, tolls, surcharges, and taxes as set forth on The Platform and the website, www.RideTride.com, plus any tips to the Driver that you elect to pay, whether through the application or by cash. TRIDE accepts no liability for your decision to make a cash tip offering. TRIDE has the authority and reserves the right to determine and modify pricing by posting applicable Charges to the TRIDE application, as well as on our website. Charges will vary based on the type of service you request (e.g., Sedan, SUV, Luxury, “Move It” Truck Service, Party Bus) as described on TRIDE’s website, as well as on the application. You are responsible for reviewing the applicable TRIDE website page and shall be responsible for all Charges incurred under your User Account regardless of your awareness of such Charges or the amounts thereof. In all, Charges are subject to maximum limits as set forth in The Platform, as well as on www.RideTride.com. Note: TRIDE has the absolute authority and shall reserve the right to determine and modify pricing by posting applicable charges to your County / State / Cities ordinance. You agree to be responsible for all applicable charges incurred under your User Account regardless of your awareness of Charges or the amounts thereof.
- Ride Fees. Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum Ride Fees may apply. Ride fees will consist of a base fare, fare/mile, fare/minute, minimum fare and a cancellation charge. The fare/mile is directly paid to the driver. There is a $1.75 administrative fee included into the Base Fare that TRIDE retains. TRIDE reserves the right to modify fares at any time. Charge estimates in the TRIDE application and/or on our website, ridetride.com, are estimates only and are not a guarantee of the final charge.
- An example of the how fares are calculated is shown below (note these rates are to be used for example purposes only):
- Base Fare: $1.50
- $ / Miles: $1.00
- $ / Min: $0.25
- Minimum: $5.50
- Note: Fares are not calculated until the passenger(s) are in the vehicle and the driver has started the trip on the application. Fares end calculating after the passenger(s) have exited the vehicle safely and the driver has completed the trip on the application.
- An example of the how fares are calculated is shown below (note these rates are to be used for example purposes only):
- Cancellation Fee. In the event that you cancel a ride request on The Platform more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you agree to pay a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt The Platform or the provision of Services. You agree to the cancelation charge, as listed on our application and website.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by TRIDE in its sole discretion), towards vehicle repair or cleaning. TRIDE reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Facilitation of Payments. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). TRIDE may replace its third-party payment processing services without notice to you. Charges shall only be made through The Platform.
- Cash payments by passengers to the driver are strictly prohibited and Drivers will be deactivated from The Platform if cash payments are accepted.
- No Refunds. Charges are assessed immediately following completion of the ride to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of The Platform, any disruption to The Platform or Services, or any other reason whatsoever.
- TRIDE, at its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with TRIDE. Any promotional coupon or code that is used is applied at the discretion of TRIDE, and you agree that while TRIDE will reduce your delivery or ride charge based on the monetary amount and / or discount value, all applicable 'Other Charges' will still apply and will be due to TRIDE upon completion of the transaction.
- There is no extra charge for service to individuals with disabilities.
- Credit Card Authorization. Upon addition of a new payment method or each ride request or delivery request, TRIDE may seek authorization (a “Hold”) of your selected payment method in order to verify your payment method, ensure the ride or delivery cost will be covered, and protect against any unauthorized behavior. The Hold 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 the Hold exceed the total funds on deposit in your account, you may be subject to overdraft of Non-Sufficient Funds (NSF) charges by the bank issuing your debit or check card. We are not responsible for these charges, and are unable to assist you in recovering them from your issuing bank
- What is a pre-authorization Hold? When you first start using TRIDE, add a new credit card, log in, or make a ride request or request a delivery, you may see an authorization Hold of at least $1 (for rides) on your card statement / bank account.
- When is the Hold released? TRIDE will release the funds back into your account once your transaction is complete and your payment method is authorized.
Drivers are prohibited from soliciting a ride outside of the TRIDE Application. Drivers also acknowledge that all transactions and payments for services rendered are to be made through electronic payment via the TRIDE Application. Drivers are prohibited from cancelling a ride in exchange for a cash payment. Cash tips are accepted outside of The Platform; however, Riders are encouraged to tip electronically through the TRIDE Application.
As a Driver, you will receive applicable Ride Fees (net of TRIDE Administrative Fee, as well as the fare/mile, directly paid to you and any tips provided by Riders to you for the Services you provide. TRIDE will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize TRIDE to set the prices on your behalf for all Charges that apply to the provision of Services. TRIDE reserves the right to withhold all or a portion of Ride Fees if it believes that you have attempted to defraud or abuse TRIDE’s platform or TRIDE’s payment systems.
In exchange for permitting you to offer your Services through The Platform and marketplace as a Driver, you agree to pay TRIDE (and permit TRIDE to retain) a 20% fee based on each transaction in which you provide Services (the “Administrative Fee”) The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule. TRIDE reserves the right to change the Administrative Fee at any time in TRIDE’s discretion based upon local market factors, and TRIDE will provide you with notice in the event of such change. Continued use of The Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.
TRIDE, at its sole discretion, may make available promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with TRIDE.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. Drivers agree to accept communications received from Riders and Riders agree to accept communications from Riders.
Your “Information” is any information you provide, publish, or post to or through The Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email correspondence, or through any facebook.com/RideTride, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User Account that will allow you to use The Platform and use the technology of our services. Any collection of your Information, will be kept confidential, or on a need-to-know basis.
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your use of TRIDE’s technology via the platform. You agree to communicate to TRIDE any change of personal information (e.g., phone number, license plate, vehicle registration, etc.).
With respect to your use of The Platform and your participation in the Services, you agree that you are prohibited from and will not engage in any of the following:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, ordinance or regulation;
- interfere with or disrupt the Services or The Platform or the servers or networks connected to The Platform;
- post Information or interact on The Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update Information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use The Platform in any way that infringes any third party’s rights, including but not limited to: TRIDE’s intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through The Platform;
- "frame" or "mirror" any part of The Platform without our prior written authorization, or use meta tags, ad words, or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of The Platform or any software used on or for The Platform;
- rent, lease, lend, sell, redistribute, license or sublicense The Platform or access to any portion of The Platform or any portion of The Platform or Application;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of The Platform or its contents;
- create liability for TRIDE or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
- link directly or indirectly to any other web sites;
- transfer or sell your User Account, password, and/or identification to any other party; or
- Cause any third party to engage in any restricted activity above.
We reserve the right, but we have no obligation, to suspend or deactivate your User Account if you do not comply with these prohibitions.
TRIDE’s Zero-Tolerance Drug & Alcohol Policy
TRIDE holds and maintains a Zero Tolerance Drug and Alcohol Policy. TRIDE prohibits Drivers from using The Platform or operating as a Driver while under the influence of drugs or alcohol. If any credible allegation arises against any Driver pertaining to suspicion of being under the influence of drugs or alcohol while operating as a Driver, the Driver will be immediately deactivated and suspended from using The Platform. Access to The Platform will remain deactivated and suspended pending the outcome of an investigation conducted by TRIDE Administration as well as any related investigation conducted by local law enforcement. The accused Driver will be required to submit to a drug and alcohol screening conducted within 24 hours of the report. If the Driver denies the request to submit a drug test, or if the Driver tests positive for alcohol and/or drug abuse, he or she will be deactivated indefinitely. Any positive drug and/or alcohol screening results will be forwarded to the local authorities for potential prosecution under local, state and federal law.
Passengers are urged to immediately contact the Tride Passenger Emergency Hotline 1-855-944-8743 Extension 366 or send an email to support@RideTride.com with Trip # and complete details of the incident. However, if the passenger feels they or others are in immediate danger, they are urged to dial 9-1-1.
Passengers can also contact support via the TRIDE Passenger Application, by clicking on Menu, About, Contact.
TRIDE will also maintain and store records for 2 years from the date the passenger reported the incident / claim to TRIDE.
Drivers must consent to random drug screenings. If a Driver is involved in an accident, said Driver must consent to a drug screening within 24 hours or they will be deactivated from The Platform.
Driver Representations and Warranties
By providing Services as a Driver on The Platform, you represent, warrant, and agree to adhere to the following:
- 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 Riders in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to TRIDE, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services. It is your responsibility, as the driver, to ensure you have proper coverage to transport Riders in their vehicle. TO THE EXTENT PERMISSABLE AND UNLESS PROHIBITED BY LAW YOU AGREE TO INDEMNIFY AND DEFEND TRIDE FROM ANY AND ALL LIABILITY ARISING OUT OF YOUR FAILURE TO ENSURE THAT YOU MAINTAIN THE PROPER COVERAGE.
- You will responsible for any and all liability that results from or is alleged as a result of your provision of Services, including but not limited to personal injuries, death, and property damages. TO THE EXTENT PERMISSABLE AND UNLESS PROHIBITED BY LAW YOU AGREE TO INDEMNIFY AND DEFEND TRIDE FROM ANY LIABILTY ARISING OUT OF YOUR PROVISION OF SERVICES..
- In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements for reporting the accident to your insurer in a timely manner, and for all necessary contacts with your insurance carrier. TO THE EXTENT PERMISSABLE AND UNLESS PROHIBITED BY LAW YOU AGREE TO INDEMNIFY AND DEFEND TRIDE FROM ANY LIABILITY ARISING OUT OF ANY ACCIDENTS YOU MAY HAVE AT ANY TIME WHATSOVER.
- You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions. TO THE EXTENT PERMISSABLE AND UNLESS PROHIBITED BY LAW YOU AGREE TO INDEMNIFY AND DEFEND TRIDE FROM ANY LIABILITY ARISING OUT OF YOUR FAILURE TO COMPLY WITH LAWS, RULES, OR REGULATIONS.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you. It is your responsibility to report your income made as an independent contractor. TO THE EXTENT PERMISSABLE AND UNLESS PROHIBITED BY LAW YOU AGREE TO INDEMNIFY AND DEFEND TRIDE FROM ANY LIABILITY ARISING OUT OF YOUR NONPAYMENT OF TAXES.
- You will not make any misrepresentation regarding TRIDE, The Platform, the Services or your status as a Driver. While providing the Services you will not operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement. TO THE EXTENT PERMISSABLE BY AND UNLESS PROHIBITED BY LAW YOU AGREE TO INDEMNIFY AND DEFEND TRIDE FROM ANY LIABILITY ARISING OUT OF ANY OF THE ABOVE ACTIONS ON YOUR PART.
- You will not attempt to defraud TRIDE or Riders in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Ride Fees or other payments for the ride(s) in question.
- You are permitted to determine your own work schedule, and accept any job offered on the platform at your own discretion.
- You agree to adhere to the legal limit on the size of personal vehicles, to not exceed 14 passengers, and to have a functioning seatbelt for each vehicle occupant.
- You agree to follow proper vehicle safety and state laws regarding the number of passengers in your vehicle. You may only carry the amount of passengers that you have a seatbelt for. For Example; If your vehicle only has 4 passenger seatbelt restraints (not including you as a driver), you can only transport 4 passengers.
- You will not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation.
- You will make reasonable accommodation for service animals in accordance with Federal ADA laws and regulations.
- TRIDE requires all Drivers to comply with all applicable state, federal, and local laws governing the transportation of Riders with disabilities. A Driver’s violation of such laws, including with respect to the use of service animals, constitutes a breach of his or her contractual agreement with TRIDE. Accordingly, service animals must be accommodated in compliance with applicable accessibility laws. Additionally, Drivers are expected to accommodate Riders using walkers, canes, folding wheelchairs or other assistive devices to the maximum extent Any report of unlawful discrimination will result in the temporary deactivation of a Driver’s account while TRIDE reviews the incident. Confirmed violations of the law with respect to Riders with disabilities may result in permanent loss of a Driver’s access to The Platform.
- TRIDE prohibits the refusal to provide, accept services, or up-charge a passenger’s fare based on the passenger’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable federal or state law. You agree to not take cash as a payment for the fare of the ride. All rides MUST be conducted on The Platform.
- Passengers in need of a wheelchair accessible vehicle may input the request in the NOTE field when requesting a ride. In the event that TRIDE cannot provide a passenger with a wheelchair accessible vehicle, each Driver shall direct the passenger to contact an approved provider with wheelchair accessible transportation. Drivers can call the ADA for Passengers line to locate a provider in their area who can better assist the passenger. The ADA for Passengers line is 1-855-944-8743 Ext. 367.
- Drivers will not perform “street hail” services at any time. The only rides to be performed are through the TRIDE application. If we have reason to believe that you are accepting “street hail” rides, you will be permanently be deactivated from the platform.
- 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 Agreement.
- You acknowledge that there is no extra charge for service to individuals with disabilities.
- If a rider request a wheelchair accessible vehicle, the driver will then notify a local ADA compliant company to service the customer. The local ADA compliant company will be asked to dispatch a wheelchair accessible vehicle to service the need of the Rider.
- All Drivers but particularly Drivers operating in the state of Oklahoma acknowledge that your vehicle is suitable to drive and agree to adhere at all times to the requirements set forth in the Vehicle Safety provisions of sections 12-101 through 12-415 of Title 47 of the Oklahoma Statutes as follows:
- At any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, also referred to in the chapter as nighttime, AND during any unfavorable weather conditions, lights must remain on.
- Headlights and Taillights shall be properly functional at all times.
- Tail lamps, turn signals and license plate lamps must be properly functional at all times.
- If some reason your vehicle becomes disabled, you are required to engage your hazard lights to warn other vehicles.
- All brakes on vehicle shall remain in good working order. The brakes must be able to safely and properly stop the vehicle.
- At all times the horn should be in good working order.
- Every motor vehicle shall at all times be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation, and no person shall use a muffler cut-out, bypass, or similar device.
- At all times side-view mirrors must be installed and in working order on the vehicle, as well as a properly functioning rear view mirror.
- Windshields shall never obstruct the driver’s view and deter him/her from operating the vehicle in a safe manner.
- All tires should have a proper level of tread and traction on the entire surface of each tire.
TRIDE’s Insurance Policy
- TRIDE maintains and provides Insurance Coverage to you, as a driver, while you use your personal vehicle, while in conjunction with the use of the digital application platform. TRIDE has 3 insurance policies that apply at various stages of ride or delivery.
- One or more of these policies will apply the entire time a TRIDE driver is on-duty:
- Contingent Liability (coverage only while on-duty and not on a job)
- Primary Automobile Liability
- Uninsured/Underinsured Motorist (UM/UIM) (Rides Only)
You are Off-Duty:
- Your personal insurance policy applies.
You are On-Duty, but you have not yet accepted a job:
- TRIDE provides a Contingent liability policy. Your personal auto insurance policy is the primary policy. In the event your personal insurance policy declines a claim, TRIDE’s policy will provide coverage. TRIDE’s policy has a $50,000 maximum limit per person, a $100,000 maximum limit per accident, and a $25,000 maximum limit for property damage.
You have accepted job until you arrive at the destination address:
- TRIDE provides primary liability insurance from the time you accept a job request until you arrive at your destination. The policy has a $1,000,000 per accident limit. TRIDE also provides uninsured/underinsured motorist (UM/UIM) insurance up to $1,000,000 per accident (rides only). This policy covers bodily injury caused to you, your passenger or third parties by another driver who is at fault and is uninsured or underinsured.
When do Tride’s Coverages Apply?:
- That your own personal automobile insurance policy might not provide any coverage while you (driver) are logged into The Platform and are available to receive transportation requests or are engaged in rides depending on its terms.
- The deductible for an insurance claim is $1500.
TRIDE Drivers Vehicles Inspection and Screening Process
You must submit a Vehicle Inspection Checklist that has been completed and verified by a mechanic. TRIDE reserves the right to make its own investigation regarding the integrity of this inspection and the qualifications of the mechanic at random. If it is determined that this form as been forged, the Driver will be not allowed to drive for TRIDE and will be deactivated.
During the integrity interview process that is part of the routine Driver screening, a TRIDE Representative will verify the vehicle inspection form from the mechanic, and complete the “Tride Pre On-Boarding Checklist” to ensure your vehicle is in suitable condition for our Riders.
Proprietary Rights and Trademark License
All intellectual property rights in the TRIDE Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in The Platform are the property of their respective owners.
The following disclaimers are made on behalf of TRIDE, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The 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 Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
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. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of The Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in The Platform will be corrected, or that The 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 Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.
TRIDE is not responsible for the conduct, whether online or offline, of any User of The Platform or 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 Drivers or Riders. By using The Platform and participating in the Services, you agree to accept such risks and agree that TRIDE is not responsible for the acts or omissions of Users on The Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish, or post to or through The Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on The Platform or through the Services. Please carefully select the type of information that you post on The Platform or through the 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”).
Location data provided by The 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 inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither TRIDE, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by The Platform. Any of your Information, including geolocation data, you upload, provide, or post on The Platform may be accessible to TRIDE and certain Users of The Platform.
Optimal Route: While we make every effort to show the exact route taken by our Drivers, sometimes due to conditions outside of our control we may need to report the 'optimal route' back to our driver and members that Google Maps will show the driver to take. While there is very little difference between the exact route taken & the Google 'optimal route' we are making you aware that the final route taken may look slightly different as shown in the final Member receipt. In these edge cases TRIDE will show and report the 'optimal route' that the driver would be shown via their default Mapping application. If there are any concerns with this please contact us via support@RideTride.com
This paragraph applies to any version of The Platform that you acquire from the Apple App Store, provided by TRIDE. This Agreement is entered into between you and TRIDE. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to The Platform. TRIDE, not Apple, is solely responsible for The Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
TRIDE Record Retention Policy
TRIDE has implemented record retention procedures for all records as specified in Section 17, of Oklahoma HB1614.
- All Records of Individual trips shall be retained for a period of time, no less than 2 calendar years, from the date each trip was completed.
- All Records regarding each individual driver shall be retained for a period of time, no less than 2 calendar years, from the date of the Driver’s last online activity.
- At the completion of the 2 year requirement, all trip and driver records, for the previous 2 year period shall be stored on a secured offline server and retained for an additional 2 years.
TRIDE Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THE 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, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE TRIDE PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the extent permissible by applicable law, in the event that you have a dispute with one or more Users, you agree to release TRIDE (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to the use of The Platform.
Term and Termination
This Agreement is effective upon your creation of a User Account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of The Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User Account (either as a Rider and/or Driver), or revoke your permission to access The Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to The Platform to any User for any reason not prohibited by law.
Agreement to Arbitrate All Disputes and Legal Claims
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of The Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitration of any dispute), that TRIDE shall conduct an informal arbitration. If a resolution cannot be agreed, than the State of Oklahoma Arbitration Rules apply, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND TRIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to TRIDE’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by TRIDE 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. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of TRIDE in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to TRIDE with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by TRIDE or has entered the public domain through no fault of yours; was known to you,
You and TRIDE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
* “Move it” Truck Service and Party Bus services not Available in the State of Oklahoma or in any other location where prohibited by law.