Puget Sound Dispatch, LLC dba Seattle Yellow Cab
TERMS OF SERVICE
By using our applications and services (collectively, the “Seattle Yellow Cab platform”) in any manner, you (the “user” or “you”) agree to be bound by this Agreement.
Puget Sound Dispatch, LLC company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Puget Sound Dispatch, LLC at any time, effective upon posting of an updated version of this Agreement on the Seattle Yellow Cab website. You are responsible for regularly reviewing this Agreement. Continued use of the Seattle Yellow Cab platform after any such changes shall constitute your consent to such changes.
USE OF OUR SERVICE
AT YOUR SOLE AND VOLUNTARY DISCRETION, YOU ARE ELECTING TO INSERT AN ORDER FOR SERVICE (“A REQUEST”) WITH PUGET SOUND DISPATCH LLC THROUGH THE SEATTLE YELLOW CAB APPS INSTEAD OF THROUGH OTHER AVAILABLE MEANS, SUCH AS BY CALLING THE PUGET SOUND DISPATCH LLC DIRECTLY BY TELEPHONE OR USING THE SEATTLE YELLOW CAB WEBSITE. BY INSERTING A REQUEST, USER AGREES TO ALL OF THE TERMS OF THIS AGREEMENT.
The Seattle Yellow Cab app is not available to or authorized for use by any users previously removed by Seattle Yellow Cab any users or persons acting on behalf of an organization or entity and not in his or her personal or individual capacity, or any users accessing the Seattle Yellow Cab Platform for any purpose other than to seek to participate in an actual ride for personal purposes, unless specifically authorized by Seattle Yellow Cab (collectively “Unauthorized Users”). Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Seattle Yellow Cab Platform. Seattle Yellow Cab reserves the right to refuse service orders from customers that show a pattern of not being present at the pickup address.
SEATTLE YELLOW CAB PLATFORM
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Seattle Yellow Cab Platform for personal, noncommercial use only. Seattle Yellow Cab may terminate this license at any time for any reason.
Except for your User Content, the Seattle Yellow Cab Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Seattle Yellow Cab”), and all intellectual property rights related thereto, are the exclusive property of Seattle Yellow Cab and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Seattle Yellow Cab Content. Use of the Seattle Yellow Cab content for any purpose not expressly permitted by this Agreement is strictly prohibited.
PAYMENTS AND FEES
For transportation provided through the Seattle Yellow Cab Platform, the Seattle Yellow Cab Platform displays the fare due based on such factors as distance, duration, time of day and location (“Fare Due”). Payment of the Fare Due is due immediately and is non-refundable. Seattle Yellow Cab reserves the right to at its sole discretion, make promotional offers with different features to any User. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.
To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. If you dispute any payment made hereunder, you must notify Seattle Yellow Cab in writing within thirty (30) days of such payment. Failure to so notify Seattle Yellow Cab shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Seattle Yellow Cab. No other measurements or statistics of any kind shall be accepted by Seattle Yellow Cab or have any effect under this Agreement.
Users may terminate this Agreement (and their account) at any time and for any reason by emailing us at TapTheApp@SeattleYellowCab.com.
For all Seattle Yellow Cab accounts, you may never use another User’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. You must notify Seattle Yellow Cab immediately of any breach of security or unauthorized use of your account. Seattle Yellow Cab will not be liable for any losses caused by any unauthorized use of your account.
CHANGES TO THE SERVICE
Without prior notice, Seattle Yellow Cab may change the Seattle Yellow Cab Platform or any portion thereof; stop providing Seattle Yellow Cab Platform or features thereof, to you or to users generally; or create usage limits for the Seattle Yellow Cab Platform. We may permanently or temporarily terminate or suspend your access to the Seattle Yellow Cab Platform without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
USER CONTENT LICENSE GRANT
We may make available software to access the Seattle Yellow Cab Platform via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Seattle Yellow Cab does not warrant that the Mobile Software will be compatible with your mobile device. Seattle Yellow Cab hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Seattle Yellow Cab Platform account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Seattle Yellow Cab may from time to time issue upgraded versions of the Mobile Software, and may require you upgrade the version of the Mobile Software that you are using on your mobile device. You agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, or End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Seattle Yellow Cab or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Seattle Yellow Cab reserves all rights not expressly granted under this Agreement.
In addition to all other representations and warranties made by Users under this Agreement, Users represent and warrant to Seattle Yellow Cab that it has provided the Seattle Yellow Cab with accurate and complete identity information. Passenger agrees to conform his or her conduct to the policies set forth in Seattle Yellow Cab terms of service.
MOBILE SOFTWARE FROM ITUNES The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Seattle Yellow Cab, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Seattle Yellow Cab as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Seattle Yellow Cab as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Seattle Yellow Cab, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Seattle Yellow Cab acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof
Seattle Yellow Cab cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Seattle Yellow Cab may from time to time contact the user via email, text or telephone for general purposes or specifically with promotional messages. Seattle Yellow Cab will not sell your personal information to another company.
You agree to defend, indemnify and hold harmless Seattle Yellow Cab and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Seattle Yellow Cab Platform, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your account;
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEATTLE YELLOW CAB OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN, INCLUDING WITH RESPECT TO DRIVER OR PASSENGER SAFETY. WITHOUT LIMITING THE FOREGOING, SEATTLE YELLOW CAB AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEATTLE YELLOW CAB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SEATTLE YELLOW CAB PLATFORM. UNDER NO CIRCUMSTANCES WILL SEATTLE YELLOW CAB BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEATTLE YELLOW CAB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SEATTLE YELLOW CAB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID TO YOU BY SEATTLE YELLOW CAB HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SEATTLE YELLOW CAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
GOVERNING LAW AND ARBITRATION
Governing Law. You agree that: (i) use of the Seattle Yellow Cab Platform shall be deemed solely based in Washington; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Seattle Yellow Cab either specific or general, in jurisdictions other than Washington. This Agreement shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration. For any dispute with Seattle Yellow Cab you agree to first contact us at TapTheApp@SeattleYellowCab.com and attempt to resolve the dispute with us informally. In the event that you and Seattle Yellow Cab are not able to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims by Seattle Yellow Cab for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in San Francisco County, California, unless you and Seattle Yellow Cab agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SEATTLE YELLOW CAB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
TRANSFER AND ASSIGNMENT
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Seattle Yellow Cab without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT
This Agreement, together with any amendments and any additional agreements you may enter into with Seattle Yellow Cab in connection with the Service, shall constitute the entire agreement between you and Seattle Yellow Cab concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Seattle Yellow Cab failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at TapTheApp@SeattleYellowCab.com with any questions regarding this Agreement.