Terms of Service

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Island Rider, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Island Rider,” “we,” “us” or “our”) governing your use of the Island Rider application (the “Island Rider website”), and technology platform (collectively, the “Island Rider Platform”).

The Platform

The Island Rider Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.” As a User, you authorize Island Rider to match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

.Eligibility

The Island Rider Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Island Rider Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Island Rider Platform, each User shall create a User account. Each person may only create one User account, and Island Rider reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Island Rider programs and use of certain Island Rider products or services may be subject to additional eligibility requirements as determined by Island Rider.

By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a Island Rider account for such minor to use the Island Rider Platform subject to the following requirements and restrictions (a) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, (b) you explain the terms of this Agreement to the minor, and (c) you expressly guarantee the minor’s acceptance of the terms of this Agreement.

By creating a Island Rider account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of the Island Rider Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

Charges

As a Rider, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Island Rider s page, plus any tips to the Driver that you elect to pay. Island Rider has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Island Rider page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, extra seats, luxury) as described on your market’s Island Rider page. You are responsible for reviewing the applicable Island Rider page or price quote within the Island Rider App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Fares. There are two types of Fares, variable and quoted.

• Variable Fares. Variable fares consist of a base charge and      incremental charges based on the duration and distance of your ride. For      particularly short rides, minimum fares may apply. Please note that we use      GPS data from your Driver’s phone to calculate the distance traveled on      your ride. We cannot guarantee the availability or accuracy of GPS data.      If we lose signal we will calculate time and distance using available data      from your ride.
• Quoted Fares. In some cases Island Rider may quote you a Fare at      the time of your request. The quote is subject to change until the ride      request is confirmed. If during your ride you change your destination,      make multiple stops, or attempt to abuse the Island Rider Platform, we may      cancel the fare quote and charge you a variable fare based on the time and      distance of your ride. Island Rider does not guarantee that the quoted      fare price will be equal to a variable fare for the same ride. Quoted      Fares may include the Fees and Other Charges below, as applicable.

Fees and Other Charges.

• Service Fee. You may be charged a “Service Fee” for each ride as      set forth on the applicable Island Rider page.
• Prime Time. At certain times, including times of high demand for      Rideshare Services (“Prime Time”), you acknowledge that Charges may      increase substantially. For all rides with a variable fare, we will use      reasonable efforts to inform you of any Prime Time increases in effect at      the time of your request. For Quoted Fares we may factor in the Prime Time      increases into the quoted price of the ride.
• Cancellation Fee. After requesting a ride you may cancel it through the      Island Rider platform, but note that in certain cases a cancellation fee      may apply. You may also be charged if you fail to show up after requesting      a ride. Please check out our Help Center to learn more about Island Rider’s cancellation policy, including applicable fees.
• 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 $500      depending on the extent of the damage (as determined by Island Rider in      its sole discretion), towards vehicle repair or cleaning. Island Rider      reserves the right (but is not obligated) to verify or otherwise require      documentation of damages prior to processing the Damage Fee.
• Tolls. In some instances tolls (or return tolls) may apply      to your ride. Please see our Help Center and your market’s Island Rider      Cities page for more information about toll charges and a      list of applicable tolls and return charges. We do not      guarantee that the amount charged by Island Rider will match the toll      charged to the Driver, if any.
• Other Charges. Other fees and surcharges may apply to your ride,      including: actual or anticipated airport fees, local fees, or event fees      as determined by Island Rider or its marketing partners. In addition,      where required by law Island Rider will collect applicable taxes. 
• Tips. Following a ride, you may elect to tip your Driver in      cash or through the Island Rider Platform. You may also elect to set a      default tip amount or percentage through the Island Rider platform. Any      tips will be provided entirely to the applicable Driver.

General.

· Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Island Rider may replace its third-party payment processor without notice to you. Charges shall only be made through the Island Rider Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Island Rider satisfies your payment obligation for your use of the Island Rider Platform and Rideshare Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If you don't recognize a transaction, then check your ride receipts and payment history.

· No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Island Rider Platform, any disruption to the Island Rider Platform or Rideshare Services, or any other reason whatsoever.

· Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the Island Rider Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, Island Rider may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Island Rider App.

· Credit Card Authorization. Upon addition of a new payment method or each ride request, Island Rider may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

· Payments

· If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Island Rider.

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· Island Rider Communications

· By entering into this Agreement or using the Island Rider Platform, you agree to receive communications from us or communications related to the Island Rider Platform at any of the phone numbers provided to Island Rider by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Island Rider, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Island Rider Platform or Rideshare Services. If you change or deactivate the phone number you provided to Island Rider, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

· IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END”  FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE ISLAND RIDER PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM ISLAND RIDER (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE ISLAND RIDER PLATFORM OR RELATED SERVICES.

· Your Information is any information you provide, publish or post to or through the Island Rider Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Island Rider-related Facebook, 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 Island Rider Platform and participate in the Rideshare Services. Our collection and use of personal information in connection with the Island Rider Platform and Rideshare Services is as provided in Island Rider’s Privacy Policy located at www.Island Rider.com. 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 online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Island Rider to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Island Rider does not assert any ownership over your Information; rather, as between you and Island Rider, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

We take reasonable and appropriate measures designed to protect your personal information. But no security measures can be 100% effective, and we cannot guarantee the security of your information, including against unauthorized intrusions or acts by third parties.

a. impersonate any person or entity;

b. stalk, threaten, or otherwise harass any person, or carry any weapons;

c. violate any law, statute, rule, permit, ordinance or regulation;

d. interfere with or disrupt the Island Rider Platform or the servers or networks connected to the Island Rider Platform;

e. post Information or interact on the Island Rider Platform or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;

f. use the Island Rider Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Island Rider Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Island Rider Platform;

i. “frame” or “mirror” any part of the Island Rider Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;

j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Island Rider Platform;

k. rent, lease, lend, sell, redistribute, license or sublicense the Island Rider Platform or access to any portion of the Island Rider Platform;

l. 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 Island Rider Platform or its contents;

m. link directly or indirectly to any other web sites;

n. transfer or sell your User account, password and/or identification, or any other User's Information to any other party;

o. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;

p. violate any of the Referral Program rules if you participate in the Referral Program; or

q. cause any third party to engage in the restricted activities above.

In addition to connecting Riders with Drivers, the Island Rider Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the Island Rider Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Island Rider Platform, you authorize Island Rider to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Island Rider is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Island Rider Platform. This Agreement incorporates by reference ADT Mobile Security Monitoring Terms. In the event of a conflict in the terms of the ADT Mobile Security Monitoring Terms and this Agreement, the terms of this Agreement shall control with respect to Island Rider and your agreements with Island Rider herein, and the limitations of liability set forth above shall also apply to ADT. The Dispute Resolution and Arbitration Agreement provisions above shall apply instead of any terms in the ADT Mobile Security Monitoring Terms for all purposes except with respect to claims that are solely against ADT.

The Island Rider Platform may contain links to third-party websites. Those websites may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies. Please contact those websites directly if you have any questions about their privacy policies.

We may update this policy from time to time as the Island Rider Platform changes and privacy law evolves. If we update it, we will do so online, and if we make material changes, we will let you know through the Island Rider Platform or by some other method of communication like email. When you use Island Rider, you are agreeing to the most recent terms of this policy.

By clicking the “Book Now” button you agree to the terms set fourth in this agreement.