Terms & Conditions
BINDING CONTRACTUAL TERMS
These Terms of Use (“Terms”) constitute a legally binding agreement between Drivers Cooperative - Colorado, LCA, a Colorado limited cooperative association (“DCC”, “we”, “us”, “our”) and the person, whether as Rider, Driver, or other individual user (“User” or “you”), downloading DCC’s mobile application for rideshare services (the “DCC App”). By downloading or using the DCC App, including all Content (as defined below), available through Apple’s App Store, iTunes Store or the Google Play Marketplace and/or by accessing the Service (as defined below), you signify (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.
ATTENTION: PLEASE READ THESE TERMS AND OUR PRIVACY POLICY, WHICH IS PARTOF THESE TERMS, CAREFULLY BEFORE USING THE SERVICE. ACCESSING, DOWNLOADING OR USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS AND PRIVACY POLICY, YOU SHOULD NOT USE OR
OTHERWISE ACCESS THE SERVICE AND SHALL DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 19. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN SECTION 19, YOU AND WE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
In addition to mandatory arbitration and class action waivers, these Terms include a disclaimer of warranties, indemnification by you, and limitations of liability in Sections 14, 15, and 16. Please review those sections (and all of the other terms) carefully.
We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. You agree that DCC shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Service (or any portion of the Service).
We may change these Terms at any time. Please review these Terms each time you visit the Service. By using the Service, you agree to be bound by the most recent version of the Terms. If we materially change these Terms, we will let you know by placing a notice within the DCC App or through other reasonable methods.
SERVICES
The “Service” includes a technology platform that allows users of the DCC App to arrange and schedule transportation (“Riders”) with certain drivers under agreement with DCC (“Drivers”). DCC hereby grants you permission to use the Service as set forth in these Terms, provided that: (a) you will not copy, download or distribute any part of the Service in any form or medium without DCC’s prior written authorization; (b) you will not alter, modify, or make derivative works from any part of the Service without DCC’s prior written authorization; and (c) you will comply with these Terms. The Services are made available solely for a User’s individual, personal and noncommercial use and any decision by a User to accept the Services is a decision made in such User’s sole discretion.
You acknowledge that DCC does not provide transportation as a transportation carrier and that all such transportation services are provided by Drivers who are not employed by DCC or any of its affiliates.
ELIGIBILITY
You represent that you are at least eighteen (18) years old or older. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive transportation services from Drivers unless they are accompanied by you.
PRIVACY POLICY
Our Privacy Policy describes the information DCC collects when you and others use the Service. It also describes how DCC may use or disclose any information about you collected while using the Service, including any personal information about you that you share with DCC. Our Privacy Policy is part of these Terms. By agreeing to these Terms, you are also consenting to our collection, use, or disclosure of personal information about you in accordance with our Privacy Policy. If there is a conflict between these Terms and the Privacy Policy, the Privacy Policy shall have precedence with respect to the subject matter covered by it, and otherwise these Terms shall have precedence. Please click here
[https://drive.google.com/drive/folders/0ADDHVRBDao7oUk9PVA] to review our Privacy Policy.
CHARGES AND PAYMENT
Charges and Tips. Riders understand that requests or use of Services may result in charges to Rider. Riders acknowledge that fees for Services provided to Rider include fares and other applicable fees, tolls, surcharges, taxes, and other fees as set forth in these Terms (collectively, “Charges”), plus any tips to the Drivers that Riders elect to pay. Riders agree to pay the Charges in exchange for the provision of Services.
Following a ride, Riders may elect to tip their Driver in cash or through the DCC App. Riders may also elect to set a default tip amount or percentage through the DCC App. Any tips will be paid in its entirety to the applicable Driver.
DCC has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms. Pricing may vary based on the type of Service that Riders request. Riders shall be responsible for all Charges incurred under Rider’s DCC App account regardless of Rider’s awareness of such charges or the amounts thereof.
Coupons. Riders may receive coupons, credits, discounts, or other promotions (collectively, “Coupons”) from time to time that Riders may apply toward payment of certain Charges. Coupons are valid only for use on the DCC App and are not transferable or redeemable for cash, except as required by applicable law. Coupons cannot be combined unless expressly provided otherwise. If the cost of Rider’s Charges exceeds the applicable Coupon value, DCC may charge Rider’s payment method on file for the Charges that exceed the Coupon amount. DCC may deduct amounts attributable to the service fee, tolls, or other charges before application of the Coupon. Additional restrictions on Coupons may apply as communicated to Riders in a relevant promotion or by clicking on the relevant Coupon within the “rewards” section of the DCC App.
Fees
Cancellation Fees: If Rider’s final destination is not the same as the destination in Rider’s Service request, the time or distance of Rider’s Services differs substantially from Rider’s quoted fare, or if Rider violates the terms and conditions of these Terms, DCC may, at DCC’s sole discretion and determination, update the fare to reflect time and distance traveled and/or cancel the fare quote and/or charge Rider a cancellation fee, as applicable. DCC may also charge a fee if Rider fails to utilize Services after making a request within the DCC App.
Repairs or Cleaning: You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver 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 Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by DCC in DCC’s reasonable discretion, DCC 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 DCC App account. Such amounts will be transferred by DCC to the applicable Driver and are non-refundable.
Damage Fee: If a Driver reports that Rider has materially damaged the Driver's vehicle, DCC may charge Rider a “Damage Fee” of up to $250, depending on the extent of the damage, as determined by DCC in its sole discretion, applied towards vehicle repair. DCC may verify or otherwise require documentation of damages prior to processing the Damage Fee, and Driver agrees to use reasonable efforts to provide DCC with such requested documentation.
Abuse Fee: If DCC receives a credible report that Rider has utilized the DCC App in a manner inconsistent with these Terms, DCC may charge Rider an “Abuse Fee” of up to $250, as determined by DCC in its sole discretion. DCC may verify or otherwise require documentation of abuse prior to processing the Abuse Fee.
Other Fees: Other fees and surcharges may apply to Rider’s Services, including, but not limited to, actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by DCC or its marketing partners. In addition, where required by applicable law, DCC will collect applicable taxes.
Refunds. If a Driver cancels an accepted Service, Rider will be refunded applicable Charges for Services not rendered. If Rider cancels an ordered Service, all Charges are non- refundable except to the extent required by applicable law. This policy shall apply at all times regardless of the reasoning behind Rider’s decision to terminate usage of the DCC App or any disruption to the DCC App, the Services, or third-party services, except for events contemplated by Section 22 of this Agreement.
Payment. Payment processing services for the DCC App is provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on the DCC App, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the DCC App enabling payment processing services through Stripe, you agree to provide DCC accurate and complete information about you and your business, and you authorize DCC to share the information, including transaction information, related to your use of the
payment processing services provided by Stripe.
Upon addition of a new payment method or each request for Services, DCC may seek the authorization of Rider’s selected payment method to verify such payment method and ensure sufficient funds to cover applicable Charges. The authorization is not a Charge, however, it may reduce Rider’s available credit by the authorization amount until Rider’s bank’s next processing cycle. Should the amount of such authorization exceed the total funds on deposit in Rider’s account, Rider may be subject to overdraft or NSF charges by the bank issuing Rider’s debit or prepaid card. DCC shall not be responsible for overdraft of NSF charges, and DCC is unable to assist Rider in recovering such from Rider’s issuing bank.
CONTACTING YOU
By using the Service, you expressly consent and agree that DCC may place calls and send text messages to any cellular (or non-cellular) telephone number provided to DCC by you, or anyone purporting to act on your behalf, for any purpose related in any way to your use of the Service, including without limitation, for purposes of confirming rideshare bookings, trip notifications, promotional emails, and additional communications related to your use of the Services. This provision is a material term of the agreement between you and DCC and cannot be unilaterally modified, revoked, or withdrawn by you. You may opt out of receiving text messages and/or emails from DCC at any time by filling out a claim at [email protected]. You acknowledge that opting out of receiving text messages and/or emails may impact use of the Services.
DCC is not responsible for any fees assessed by your cellular (or non-cellular) telephone provider for receipt of text messages or calls.
You agree that DCC may record or monitor any or all conversations that you have with DCC, without any further notification and for any reason.
TERM
The Service will be provided from the date on which you download the DCC App or otherwise use the Service and accept these Terms and will continue until terminated.
YOUR INFORMATION
Your “Information” is any information you provide, publish, or post, and any information provided on your behalf, to or through the DCC App (including any profile information you provide) or send to other users. You consent to us using your Information to create a user account that will allow you to use the Services. Our collection and use of personal information in connection with the Services is as provided in DCC’s Privacy Policy.
You agree to provide and maintain accurate, current and complete Information and shall be solely responsible for your Information and the consequences of posting or publishing them. DCC does not claim ownership of any of your Information. However, by submitting the your Information to DCC, you hereby grant DCC and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in your Information in connection with the Service.
In connection with your Information, you represent and warrant that you will not: (a) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant DCC all of the license rights granted herein; (b) publish falsehoods or misrepresentations, any information that, out of context, is misleading or any other information that could damage DCC or any third party; (c) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a
prize, or (d) transmit, submit, or post material that is otherwise offensive or inappropriate. DCC DOES NOT ENDORSE ANY INFORMATION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND THE DCC PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR INFORMATION. DCC does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and DCC will remove all Information if properly notified that such Information infringe on another’s rights. DCC will not necessarily monitor all Information. However, DCC reserves the right to monitor, alter, edit, or remove your Information and block users without prior notice and for any reason. DCC also reserves sole discretion to decide whether your Information is appropriate and complies with these Terms.
RESTRICTIONS ON USE OF THE SERVICE
DCC reserves all rights in the Service not granted in these Terms. Without limiting the foregoing, by using the Service you agree not to:
• use the Service for any purpose other than for using the features we intentionally make available to you;
• translate, modify or create derivative works of the Service;
• upload, download, recreate, display, perform, post, reproduce or copy the Service, except with the written consent of DCC;
• resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms, the Service or any Content, in whole or in part;
• modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Service other than your content which you legally post on, through or in connection with the Service;
• attempt to derive the source code, source files or structure of the software contained in the Service by reverse engineering, disassembly, decompilation or any other means;
• use the Service to create a service bureau or for any other use involving processing of data
for other persons or entities;
• use the Service except in accordance with all applicable law;
• introduce into the Service any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;
• use deep-links, page or screen scrapes, web crawlers, web robots, spiders, wanderers, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with the Service, or use other automated processes to access or use the Service;
• provide false personal information or create an account for anyone other than yourself without our permission;
• create another account without our permission, if we have disabled your account;
• share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
• assign or transfer your account or login information to anyone;
• attempt to access the accounts of any user of the Service other than your own account;
• allow any other person to use the Service;
• impersonate any other person;
• post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
• use the Service in any manner that could damage, disable, undermine, overburden or impair the Service or the servers on which it runs or interfere with any other party’s use of the Service;
• upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
• obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service; or
• use any of the logos, trademarks, service marks or other indicators of origin appearing on the Service.
DCC will fully cooperate with any law enforcement authorities or court order requesting or directing DCC to disclose the identity of anyone violating these Terms.
DCC believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, you may not post or submit any personally identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If you are under 18 years of age, then please do not attempt to submit any information to or use the Service.
SECURITY MEASURES
DCC will apply reasonable measures designed to protect the security of the information uploaded by you when using the Service. It is your responsibility and obligation to protect the security of your log-in details and passwords. DCC strongly recommends that such access details not be shared with any person.
DCC will be entitled (but not required) to apply security measures to protect the Service and the Content, and will be entitled (but not required) to block users (or IP addresses) identified or suspected as being used to access the Service without authorization, for unlawful purposes or for purposes of disrupting or damaging the Service.
You will notify DCC of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Service.
You will immediately notify DCC of any security breach involving the Service of which you become aware, including any loss of personal information and any incident where personal information (relating to You) becomes available to unauthorized persons through the Service.
Except as otherwise prohibited by law, DCC will be entitled to use non-personal information processed on the Service, without limitation, for any purpose, including to obtain technical, statistical, or other information (regardless of whether such resulting information relates to the Service). Any non-personal information which DCC may create from time to time out of the information on the Service, or on databases DCC uses in connection with maintaining the Service, will be part of the Content.
INTELLECTUAL PROPERTY
Everything you see, hear, or otherwise experience through this Service, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to DCC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. DCC owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Service may violate copyright, trademark, and other laws. Content on the Service is provided to you AS IS for your information
and personal use only. For your personal use, you may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DCC reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application unless expressly permitted by DCC in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by DCC. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may you scrape or use any extraction methods to obtain any content or data from the Service. DCC may, in its sole discretion, permit you from time to time to submit, upload or otherwise make available to DCC or any of its representatives or agents through the DCC App any suggestions, feedback or recommendations regarding the Service (“Feedback”). If you provide any such Feedback, you hereby grant to DCC a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and
transferable license to use such Feedback for any purpose.
APPLE APP STORE AND GOOGLE PLAY MARKETPLACE TERMS
These Terms incorporate by reference the Apple Licensed Application End User License Agreement and the Google Play Terms of Service. If you download the DCC App through the Apple App Store, iTunes or the Google Play Marketplace, you acknowledge that Apple, Inc. (“Apple”) or Google, LLC (“Google”), as applicable, are third-party beneficiaries of these Terms and each of Apple and Google shall have the right to enforce these Terms against you as a third-party beneficiary.
WARRANTIES
You warrant and represent to DCC as set out below:
The information provided to DCC in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to DCC is true in all respects, up-to-date and not misleading in any way.
You will not access the Service under false identity or pretext and will not use it to falsify your or any other person’s identity (however, this will not prevent you from using an adopted name or nickname provided the name is used lawfully and in good faith).
You will use the Service lawfully and in good faith.
You will keep your log-in details and password secure and will not share such information with third parties.
You either are the sole and exclusive owner of all of your Information or you have all rights, licenses, consents and releases necessary to grant DCC the license to your Information as set forth above; and (ii) neither your Information nor your submission, uploading, publishing or otherwise making
available of such Information nor DCC’s use of the Information as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS. DCC, ITS AFFILIATE COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, SHAREHOLDERS, AGENTS, LICENSEES, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “DCC PARTIES”) GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE DCC PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE DCC PARTIES RELATING TO THE SERVICE OR TO THE CONTENT, EXPRESS,
IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE DCC PARTIES OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR
ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE DCC PARTIESE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR DCC’S APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE DCC PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (f) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
INDEMNITY
YOU WILL INDEMNIFY AND HOLD HARMLESS AND, AT DCC’S ELECTION, DEFEND THE DCC PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS, SUITS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF THE DCC APP AND SERVICES, INCLUDING: (A) YOUR BREACH OF THESE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (B) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, DRIVERS, RIDERS, OTHER MOTORISTS, AND PEDESTRIANS, AS A RESULT OF YOUR OWN INTERACTION WITH SUCH THIRD PARTY; (C) ANY ALLEGATION THAT ANY MATERIALS OR INFORMATION THAT YOU SUBMIT TO US OR TRANSMIT THROUGH THE DCC APP OR TO US INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY;
(D) YOUR OWNERSHIP, USE OR OPERATION OF A MOTOR VEHICLE OR PASSENGER VEHICLE, INCLUDING YOUR PROVISION OF RIDESHARE SERVICES AS A DRIVER; AND/OR (E) ANY OTHER ACTIVITIES IN CONNECTION WITH THE DCC APP OR SERVICES. THIS INDEMNITY SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON. YOU WILL NOT, WITHOUT DCC’S PRIOR WRITTEN CONSENT, AGREE TO ANY SETTLEMENT ON BEHALF OF ANY DCC PARTY WHICH INCLUDES EITHER THE OBLIGATION TO PAY ANY MONETARY AMOUNTS, OR ANY ADMISSIONS OF LIABILITY, WHETHER CIVIL OR CRIMINAL, ON THE PART OF ANY DCC PARTY.
LIMITATIONS ON LIABILITY
THE DCC PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE DCC APP AND SERVICES, EVEN IF DCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DCC PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES RESULTING FROM: (a) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE DCC PARTIES’ NEGLIGENCE, (b) ANY ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (d) UNAUTHORIZED ACCESS TO OR USE OF DCC’S OR ITS AFFILIATES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (e) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (f) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (g) INFORMATION, THIRD PARTY WEBSITES OR APPS, OR (h) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DCC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE DCC PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.
THE DCC PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE WILL BE LIMITED TO ONE HUNDRED DOLLARS (US $100.00).
DCC’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, BUT YOU AGREE THAT DCC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 16 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
LOST PROPERTY
You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Driver when disembarking. Should you leave your property in the vehicle of a Driver, the Driver may hand over your property to you or DCC, however, DCC shall not be liable in the event of a Driver not handing over your property as expected. Further, DCC will not be liable for the loss or damage to your property while it is in transit.
DCC will take reasonable steps to establish the owner of property left in a Driver’s vehicle if returned to the offices of DCC. When your property is in DCC’s possession, you understand and agree that: (a) DCC will only keep your property in its possession for a maximum period of three (3) months from the date on which the Driver handed your property to DCC; and (b) should you fail to collect your property from DCC before the expiration of the three (3) month period, DCC will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against DCC in respect of your unclaimed property.
TERMINATION OF THE SERVICE
DCC may terminate your access to and use of the Service without notice, in the event you (a) breach these Terms or (b) misuse or challenge DCC’S rights in the Content.
DCC may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by users. You agree that DCC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. DCC will use reasonable efforts to notify users of the cessation of the Service or any changes that would impact on your use of the Service. DCC may give such notices through the Service or on its website or by email communications.
You may terminate your service by removing your DCC App.
If your access is terminated for any reason, your right to access and use the Service will also immediately terminate.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
INTELLECTUAL PROPERTY INFRINGEMENT
If you are an intellectual property owner or an agent thereof and believe that any Content or Information included in the DCC App infringes your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CHOICE OF LAW, DISPUTE RESOLUTION, MANDATORY
ARBITRATION AND CLASS ACTION WAIVER, AND TIME
LIMIT TO BRING CLAIMS
Choice of Law. These Terms and all matters arising from or related to the Services provided by DCC are governed by the laws of the United States and by the laws the State of Colorado, without regard to conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) are expressly excluded in their entirety from these Terms.
Arbitration of Claims and Class Action Waiver. UNLESS YOU OPT OUT BY FOLLOWING THE PROCEDURE BELOW, YOU AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
This includes all claims and disputes, including all statutory claims and disputes, breach of contract, intentional tort, injunctive and equitable claims, whether pre-existing, present or future, arising out of or in any way relating to (a) these Terms, (b) your access to, or use, or receipt of the Service, or (c) any other services or products provided, managed, operated, serviced, or fulfilled by DCC, in each case, regardless when that dispute, claim or controversy arose, and regardless of the relevant legal theory (“Dispute”) except that you and DCC are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
The following processes shall govern the arbitration process:
• Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to [email protected] so stating.
• Within seven (7) business days, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
• If, following these attempts at exploring a resolution, you intend to proceed with an arbitration, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form or by proceedings conducted via video or in- person.
• In the event that you and we cannot agree on an arbitrator, you and we agree that a court will appoint a single arbitrator pursuant to the process set forth in your state’s Uniform Arbitration Act or comparable provision enabling a court to select an arbitrator. The arbitration will then proceed and be under the jurisdiction of the arbitrator so selected. We will advance all arbitration fees.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you have informed us of the nature of the claim and the relief you seek by email to [email protected], and we are unable to resolve the claim or issue in a satisfactory way, you may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice of your intention do so no later than sixty (60) days from the date on which we receive your email informing us of the nature of the claim and the relief sought. Any arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this arbitration agreement is found unenforceable, that provision will be severed and the remaining arbitration terms including class action waiver will be enforced.
This means that, except for the equitable relief described in the previous sentence, neither DCC nor you will sue in court before a judge or jury (unless you opt out of arbitration as provided below). DCC and you are also agreeing that no Dispute subject to the terms of this Section 20 will be resolved as a class or other collective action. Instead, one (1) neutral arbitrator will decide the Dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between DCC and you. Claims that will be subject to arbitration include any and all statutory, consumer protection, common law, tort, injunctive relief and equitable claims. This arbitration clause will survive any termination of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable.
Arbitration Costs and Expenses. Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator unless the arbitrator determines the fees and costs should be borne by one of the parties. Unless such a provision prohibited by applicable law, the arbitrator may not award or assess punitive damages against either party.
Other Collective Actions Precluded. YOU AND DCC EACH AGREES THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. DCC will not, and you will not, seek to have any dispute
heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding in which you or DCC’s act(s) or propose(s) to act as a representative for others. You and DCC also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of DCC, you, and every other party to that arbitration or proceeding. Without the written
consent of DCC, the arbitrator may not consolidate or join more than one (1) person or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding.
Your Right to Opt Out. You may opt out of the arbitration and class actions waiver set forth above by sending a written notice of your decision to opt-out in accordance with this Section 20. If you elect to opt out, neither you nor DCC can force the other to arbitrate. To opt out, you must notify DCC in writing no later than thirty (30) days after first becoming subject to these Terms. Your notice must include your name and address, an email for notices and an unequivocal statement that you want to opt out of this arbitration. Send your notice to: [email protected], Attention: Executive Director. In the event of a dispute between you and DCC, to invoke your opt-out right, you must retain a copy of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period.
Time Limit to Bring Claims. ANY LEGAL ACTION BROUGHT BETWEEN YOU, ON THE ONE HAND, AND DCC OR ANY OF THE DCC PARTIES, ON THE OTHER HAND, MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
Amendment. This arbitration provision and class action waiver may be amended from time to time in accordance with Section 1 of these Terms. If you did not opt out of mandatory arbitration as provided above, you may reject any change we make to this Section 20 by sending us notice within thirty (30) days after first becoming subject to the amended Terms. Send your notice rejecting the changes to: [email protected], Attention: Executive Director. In the event of a dispute between you and DCC to invoke your right to apply an earlier version of this Section 20, you must retain a copy of your rejection notice, as well as proof of mailing of your rejection notice during the period of time in which you intend to pursue any claim. DCC reserves the right to make additional amendments to this Section 20. If you wish to reject additional changes to this Section 20, you must notify us in the manner indicated above for each change in accordance with the terms hereof.
ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with DCC’s prior written consent, but may be assigned by DCC without restriction and without notice to you.
FORCE MAJEURE
DCC will not be in breach of these Terms, nor liable for any failure or delay in performance of any of its obligations under these Terms where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (“Force Majeure Events”).
If a Force Majeure Event affecting the provision of the Service by DCC occurs, DCC will use reasonable efforts to notify users through the Service or through its website or by email communication.
EXPORT CONTROL
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which you reside.
THIRD PARTY BENEFICIARIES
YOU ACKNOWLEDGE THAT EACH OF THE DCC PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THESE TERMS AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND COVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY APPLE AND GOOGLE RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN DCC AND ITS SUCCESSORS AND ASSIGNS AND YOU.
GENERAL TERMS
These Terms constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms by a representation other than those expressly set out in these Terms.
Except as expressly permitted under these Terms, no modification, alteration or waiver of any of the provisions of these Terms will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and DCC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Nothing in these Terms will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.
Subscribe to Our Newsletter
By subscribing our newsletter, you will receive the most updated news about our coop and coop movements in the U.S. Be a part of the movement!
English 
Spanish