PURERYDE​ TERMS AND CONDITIONS OF SERVICE

 

These terms and conditions ("Terms of Service") set forth the legally binding terms for your use of the PureRyde website (the Website). By using the Website, you agree to be bound by these Terms of Service.

Acceptance of Terms
By using the Website, you signify your agreement to these Terms of Service, as well as PureRyde's Privacy Policy, found at PURERYDE WEBSITE/PRIVACY POLICY and incorporated herein by reference.

PureRyde may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. You should periodically review the most up-to-date version, which will always be posted at PURERYDE WEBSITE/TERMS. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

​Third Party Websites​
The Website may contain links to third party websites that are not owned or controlled by PureRyde.  PureRyde has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, PureRyde will not and cannot censor or edit the content of any third-party site.  By using the Website, you expressly relieve and release PureRyde from any and all liability arising from your use of any third party website.

PureRyde Accounts In order to access some features of the Website, you will have to create a PureRyde account. You may never use another's account without permission.  When creating your account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PureRyde immediately of any breach of security or unauthorized use of your account.  Although PureRyde will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PureRyde or others due to such unauthorized use.

Eligibility
Membership is void where prohibited. The Website is intended solely for Users who are 13 years of age or older.  Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use.  By using the Website you represent and warrant that you are at least 13 years of age and that you agree to abide by all of the terms and conditions of these Terms of Service.

Minors between the ages of 13 and 18 may register on our website only with the consent of a parent or guardian.

​Term​
This Agreement shall remain in full force and effect while you use the Website. You may terminate your membership at any time, for any reason, by following the instructions on the My Account page.  PureRyde may terminate your membership at any time, without warning, if you breach these Terms of Service.  Even after membership is terminated, these Terms of Service will remain in effect.

Fees You acknowledge that PureRyde charges fees for its services, and PureRyde reserves the right to change its fees from time to time in its discretion.  If PureRyde terminates your Membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

​Password​
When you sign up to become a member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party.  You agree to notify PureRyde immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

​Permissions and Restrictions​
PureRyde hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the Website, without PureRyde prior written authorization and you agree not to alter or modify any part of the Website or any of its related technologies.

You will otherwise comply with the Terms of Service and all applicable local, national, and international laws and regulations.
PureRyde reserves the right to discontinue any aspect of the Website at any time.

​Content​
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PureRyde, subject to copyright and other intellectual property rights under federal and state law.  Content on the Website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PureRyde reserves all rights not expressly granted in and to the Website and the Content.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the Website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the PureRyde website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

​Trademarks​
PureRyde, PureRyde Cycling and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of PureRyde in the U.S. and/or other countries for which applications are pending.  PureRyde trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PureRyde.

​Mobile Services​
The Website may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase services via your mobile phone, (ii) the ability to receive and reply to PureRyde messages, (iii) the ability to browse the Website from your mobile phone and (iv) the ability to access certain PureRyde features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services").  We do not charge for these Mobile Services.  However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding PureRyde and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

​Account Termination Policy​
PureRyde will terminate a User's access to its website if, under appropriate circumstances, they are determined to be a repeat infringer of these Terms of Service, the Privacy Policy or any other policy of PureRyde.  You agree that your use of the Website shall be at your sole risk.  To the fullest extent permitted by law, PureRyde, its officers, members, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.  PureRyde makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or death or property damage, of any nature whatsoever, resulting from your access to and use of the Website or from the conduct of any users of the PureRyde services, whether online or offline, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any 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 Website.  PureRyde does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and PureRyde will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

​Limitation of Liability​
In no event shall PureRyde, its officers, members, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not PureRyde is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that DRyder shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by PureRyde from its facilities in the United States of America. PureRyde makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

​Indemnity​
You agree to defend, indemnify and hold harmless PureRyde, its parent entities, affiliates, officers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from your use of and access to the PureRyde Website or your violation of any term of these Terms of Service.  This defense and indemnification obligation will survive these Terms of Service and your use of the PureRyde Website. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Website.

​Assignment​
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PureRyde without restriction. Governing Law; Venue and Jurisdiction

You agree that: (i) the Website shall be deemed solely based in Texas; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over PureRyde, either specific or general, in jurisdictions other than Texas.  These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles.  Any claim or dispute between you and PureRyde that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas.  Entire Agreement, Severability, Waiver, and Amendment These Terms of Service, together with the Privacy Policy at PURERYDE WEBSITE/PRIVACY and any other legal notices published by PureRyde on the Website, shall constitute the entire agreement between you and PureRyde concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.  No waiver by PureRyde of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PureRyde's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. PureRyde reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

​Arbitration​
You and PureRyde agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of service or, the Website shall be final and binding arbitration, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.  Either PureRyde or you may demand that any dispute between PureRyde and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent PureRyde from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted.

​Submissions​
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website, provided by you to PureRyde are non-confidential and shall become the sole property of PureRyde, PureRyde shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.​