Effective Date: August 1, 2020
I. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and Hip Mobility, Inc. and its affiliates and subsidiaries (“Hip Mobility”). The Terms “you”, “your” or “yours” and “Users” shall mean all users of the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Revisions to Terms. Hip Mobility reserves the right to at any time modify this Agreement or any information referenced in this Agreement by posting an updated version. You should visit this page periodically to review the most current Terms because you are bound by them. The modified terms and conditions shall become effective upon posting. Continued use of the Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, Users agree that modification of the terms and conditions of this agreement does not create a renewed opportunity to opt out of arbitration (if applicable). The terms post and posting as used in these Terms shall mean the act of submitting, transmitting, sharing, uploading, publishing, displaying, or similar action on the Service.
II. The Service
The “Service” means any website, mobile application (“Application”), or internet service under Hip Mobility control, whether partial or otherwise, in connection with providing Hip Mobility online platform that connects Users with transportation providers in major cities (“Service”). Each reservation a User makes with such providers on the Service is a “Reservation” and each ride taken through a Reservation is a “Ride”.
HIP MOBILITY DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. HIP MOBILITY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Rides booked through the Service are operated by the following bus partners: Tru Limousine, Empire CLS, Toptown LimoRide, and Gem Limousine.
By using the Service to make a Reservation for a Ride, you are electing to use a shared transportation service. You may arrange for individual (i.e., non-shared) transportation services by contacting a third-party transportation provider directly. Please be aware that the fees for such individual transportation are set by the third-party transportation providers and may differ substantially from the fees for the Service.
The Service is currently being offered as a beta test, and as such is limited in its capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the Service’s limited capacity during the beta test and our anticipation of demand for the Service and have no discriminatory rationale or intention. We anticipate expanding the Service to a broader geographic area and/or additional hours of operation in the future. Should you have any recommendations for additional times and/or areas of service, please contact us at email@example.com.
III. Eligibility and User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal User account (“User Account”). The Services may only be accessed and used by persons who can form legally binding contracts under applicable law. The Services shall not be available to minors (persons under the age of 18). When you agree to be a User, you represent and warrant that you are at least 18 years old. You also represent and warrant that you have the capacity, right and authority to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User Account, and you agree that you are the sole authorized user of your User Account.
User Account registration requires you to submit specified registration data, including without limitation certain personal information, such as your name, address, mobile device number, age, and payment method (either a credit card or accepted payment partner) (“Registration Data”). You agree to maintain accurate, complete, and up-to-date information. Your failure to maintain accurate, complete, and up-to-date information, such as the expiration of a payment method, may result in your inability to access and use the Services or the termination of your User Account. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Hip Mobility in writing, you may only possess one User Account.
Your User Account cannot be transferred, assigned, or sold. We shall not be liable for any loss that you may incur as a result of someone else using your password or User Account, either with or without your knowledge.
In accepting these Terms you agree that any information or materials that you or individuals acting on your behalf provide to Hip Mobility, other than the Registration Data or any other data submitted by you during the use of the Services, will not be considered confidential or proprietary.
It is your responsibility to check to ensure that you download the correct Application for your mobile device to use the Service. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of any Application should you use the Service with an incompatible or unauthorized device.
Hip Mobility allows you to open only one User Account in association with the Registration Data provided by you. In case of any unauthorized use of your User Account, you should immediately contact Hip Mobility at firstname.lastname@example.org
In the event that you are unable to access your User Account, please inform Hip Mobility at email@example.com and make a written request for blocking your User Account. Hip Mobility shall not be liable for any unauthorized transactions made through your User Account prior to the expiration of seventy-two hours after you have made a request in writing for blocking your User Account, and Hip Mobility shall not have any liability in case of Force Majeure Event.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your User Account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the Company by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by the Company and others due to any unauthorized use of your User Account.
Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
are an authorized representative of that Organization;
have the authority to bind that Organization to these Terms; and
agree to be bound by these Terms on behalf of that Organization.
IV. Use of the Service
By using the Services, you agree that you shall, including without limitation:
not use the Services for any unlawful purposes;
not violate any law, statute, rule, permit, ordinance or regulation;
observe the Hip Rider Code of Conduct (“Code of Conduct”) posted at www.ridehip.com. The “Code of Conduct” may be updated from time to time without notice;
provide Hip Mobility with such information and documents which Hip Mobility may reasonably request;
not impersonate any person or entity;
only use the Services or download the Application for your sole, personal use and will not resell or assign it to anyone else;
not use a User Account of anyone else without that person’s authorization
not transfer or sell your User Account, password and/or identification to any other party;
not post information or interact on the Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
not use the Services 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;
not interfere with or disrupt the Services or the servers or networks connected to the Services;
not post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
not “frame” or “mirror” any part of the Services, 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 website for any purpose;
not modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
not rent, lease, lend, sell, redistribute, license or sublicense the Services or access to any portion of the Services;
not 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 Services or its contents;
cause any third party to engage in the restricted activities above.
You may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you do not provide proof of identity; and
You represent and warrant that the information you provide to the Company upon use of the Service and at all other times will be true, accurate, current, and complete.
Failure to comply with any of these items may result in suspension of your Account, and prevention of access to the Service, at Hip Mobility’s sole discretion, as detailed in Section XII.
Seating & Luggage.
Together with its third-party transportation providers, Hip Mobility shall enforce the following policies:
Hip Mobility reserves to itself full control and discretion as to seating of passengers.
Users are entitled to one seat per Fee.
Unless specific seats are assigned, seating is on a first-come, first-served basis.
No guarantee is made as to the availability of space for luggage, beyond small personal items such as purses, briefcases or backpacks
V. Payments and Billing
Hip Mobility charges a fee as set forth when booking a Ride request depending on your city or location (the “Fee”) for use of the Service. You will be charged upon completing your Reservation. In addition, we may pre-authorize and hold an estimated amount of the Fee on your card before the Ride begins. All Fees are non-refundable. Fees are exclusive of taxes and other government surcharges.
Cancellation Policy. If you cancel a Reservation, we may charge you a “Cancelation Fee”. Repeated cancellations may result in the suspension of your User Account, in Hip Mobility’s sole discretion.
No-Show Policy. If you are not present at the time and place designated in your Reservation, we will charge you with the full ticket price. Repeated “no-show” instances may result in the suspension of your User Account, in Hip Mobility’s sole discretion.
Cleaning/Damage Fees. If the interior or exterior of your driver’s vehicle is damaged or dirtied as a result of intentional or negligent acts such as aggressive slamming of doors, vomiting, or pet accidents, an additional cleaning or damage Fee may be assessed and charged. [You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your User Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In situations where your driver reports that a User has taken action requiring the Repair or Cleaning of the driver’s vehicle, the User agrees to pay a “Damage Fee” amounting up to $250. This amount will depend on the type of the damage (this will be determined by the sole discretion of Hip Mobility). We reserve the right, but we are not under any obligation to verify or otherwise require any type of documentation pertaining to the damages before the damage fee can be processed.]
Facilitation of Charges. All Fees are processed through a third-party payment processing provider. Hip Mobility may change its third-party payment processing services without notice to Users.
Process on Refunds. All Fees made are non-refundable, and this no-refund policy will be applicable at all times whether or not you’ve decided to stop using the Services, or any type of disruption to the Services, or for any other reason. Notwithstanding the foregoing, Hip Mobility may, in its sole discretion, issue any credits or refunds to a User.
Authorizations on Credit Card. When adding a new method of payment or every Ride request, Hip Mobility may ask the authorization of your the payment method you selected to check the veracity of the payment process, make sure the cost of the Ride will be covered, and most importantly protect against illegal or unauthorized behavior.
Such authorization is not a charge. Keep in mind however that it may minimize your available credit by the authorization amount until the next processing cycle of your bank. In case the amount of our authorization will exceed the total amount on deposit in your User Account, it is possible that you may be subject to overdraft of NSF charges by the bank that issued your debit or prepaid card. Hip Mobility cannot be held accountable for these charges and will be unable to assist you in getting them back from your issuing bank.
VI. Credits and Promotional Codes
You may purchase, or Hip may issue to you, credit toward future Rides (“Hip Credits”) in the form of a multi-ride pass (e.g. a 10-ride pass), a time-based pass (e.g. 30 day pass) or any other form Hip may create in the future. Purchases of Hip Credits are non-refundable, have no cash value, and may only be used with the Service.
Hip Mobility may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Fees applied to you. You may receive promotional codes that you can apply toward payment of certain Fees. Promotional codes are only valid for use with the Services, and are not transferable or redeemable for cash except as required by law. Promotional codes cannot be combined, 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. We may also charge the amount attributable to the Fee, Damage Fee, or Other fees before application of the coupon. Additional restrictions on promotional codes may apply as communicated to you in a relevant promotion. Any such promotional code is valid until its stated expiration date and subject to the terms and conditions stated in the promotional code offering.
Pursuant to this Agreement or by using the Services, Users agree to receive various communications from Hip Mobility. This includes without limitation the following: e-mail; SMS or text messages; calls; and push notifications. Users agree that SMS or texts, calls or messages that are pre-recorded may be produced through automated telephone dialing systems.
Any type of communications from Hip Mobility, may include but are not limited to the following items: operational communications about your User Account or using the Services. This includes updates about new and existing features on the Services, marketing and advertising communications about promotions from us or our third-party partners. This also includes any news about Hip Mobility and other types of industry news and developments. Standard text messaging rates and charges applied by your network provider will apply to the text messages that will be sent.
IF YOU NO LONGER WANT TO RECEIVE PROMOTIONAL AND MARKETING EMAILS, YOU CAN UNSUBSCRIBE AND REMOVE YOURSELF FROM OUR PROMOTIONAL EMAILING LIST BY CLICKING THE UNSUBSCRIBE OPTION FOUND IN THE PROMOTIONAL EMAIL. IF YOU NO LONGER WANT TO RECEIVE ANY PROMOTIONAL CALLS, MESSAGES OR TEXTS, YOU MAY DO SO BY FOLLOWING THE INSTRUCTIONS THEREIN, OR BY EMAILING email@example.com.
Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security systems breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
SMS Text Messages. We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the Service. Text message and data rates, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive these SMS text messages.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Hip Mobility does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
VII. Hip Mobility’s Content Ownership and Use
Hip Mobility owns or has rights to all of the content we make available through the Service, but you may use it as you use the Service. You cannot use our logo without our written permission. The term “Content” or “Contents” as used in these Terms shall mean any text, graphics, images, music, software (excluding the Service), audio, video, information or other materials. The Contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Hip Mobility Content (collectively, “Hip Content”). All Hip Content and the compilation (meaning the collection, arrangement, and assembly) of all Hip Content are the property of Hip Mobility or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Service and the Hip Content solely to make Reservations. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Hip Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Hip Content on any copy you make of the Hip Content.
Hip Marks. Hip Mobility, the Hip Mobility logo, and other Hip Mobility logos and product and service names are or may be trademarks of Hip Mobility (the “Hip Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Hip Marks.
VIII. Intellectual Property Rights and Your License to Use
Hip Mobility, and its licensors, where applicable, is the exclusive owner of all right, title and interest, including all related intellectual property rights, in and relating to (a) the Services and any suggestions, ideas, enhancement requests, feedback, and/or recommendations that you may provide; (b) text, graphics, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork and computer code; and (c) other information provided by you or any other party relating to the Services.
Third-party trademarks and service marks may appear as part of the Services, and all rights therein are reserved to the registered owners of those trademarks and service marks. For use of any third-party’s intellectual property, you need to obtain permission directly from the owner of the intellectual property.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Hip Mobility. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by your use of the Services.
You may use information within the Services purposely made available by Hip Mobility for downloading, provided that you: (a) do not remove any proprietary notice language from any and all copies of such documents, and make no modifications to the information; (b) use such information only for your personal, non-commercial informational purpose, and do not copy or post such information on any networked computer or broadcast it in any media; and (c) do not make any additional representations or warranties relating to such information.
You agree to grant Hip Mobility a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights, or any other rights you have in your information. YOU AGREE AND PERMIT HIP MOBILITY TO SHARE YOUR INFORMATION WITH THIRD PARTIES.
Hip Mobility will be entitled to enter into any agreement, joint-venture, or other relationship with any other entity engaged in the business of providing similar services. In such case, you will be provided with the services by Hip Mobility jointly and/or severally with such entity or entities, and these User Terms will be deemed amended so as to be applicable to such agreement, joint-venture, or other relationship. You hereby give your irrevocable consent and permission to such agreement, joint-venture, or other relationship.
Subject to your compliance with these User Terms, Hip Mobility grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (a) access and use the Services; and (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Hip Mobility and Hip Mobility’s licensors.
You may not: (a) remove any copyright, trademark, service mark, or other proprietary notices from any portion of the Services; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Hip Mobility; (c) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Services; (e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain Hip Mobility’s property or the property of Hip Mobility’s licensors. Neither these User Terms nor your use of the Services convey or grant to you any rights: (a) or related to the Services except for the limited license granted above; or (b) to use or reference in any manner Hip Mobility’s company names, logos, product and service names, trademarks, service marks, or services marks or those of Hip Mobility’s licensors.
You (or the people who allow you to use their content), own any and all of the content you post using the Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content, or they (or their parent or guardian) may be able to sue you for violating their legal rights.
Hip Mobility Claims No Ownership. The Service may provide Users with the ability to post content (“User Content”). Hip Mobility claims no ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights.
You Acquire No Ownership in the Content of Hip Mobility or Others. You understand and agree that you will not obtain as a result of your use of the Service, any right, title or interest in or to such content delivered Hip Mobility the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in the content. Hip Mobility alone (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Service. The Company name, the Company logo, and the product names associated with the Service are trademarks of Hip Mobility or third parties, and no right or license is granted to use them.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the Service. You also acknowledge and agree that your User Content is non-confidential and non-proprietary.
Additional Licenses. Certain materials made available for download from or through the Service may be subject to additional or different license terms and conditions. The Service contains content from Users and other Hip Mobility licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.
IX. Copyright Policy
Hip Mobility respects the intellectual property rights of others and expects its Users to do the same. Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Hip Mobility a Notification of Claimed Infringement requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Hip Mobility to locate the material on the Service;
Your full legal name, address, telephone number, and e-mail address (if available);
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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Hip Mobility a counter-notice.
Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to Hip Mobility’s: Designated Copyright Agent, c/o Hip Mobility, Inc., 21 West End Ave. Apt. #1620
New York, NY 10023 or by e-mail to email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Upon receipt of such notice as described above, Hip Mobility will take whatever action, in its sole discretion, it deems to be appropriate, including removal of the challenged material from the Service.
X. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our Users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, enhancement requests, feedback, recommendations or materials (“Creative Ideas”), we shall:
own, exclusively, all now known or later discovered rights to the Creative Ideas;
not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
XI. Third-Party Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Service or content available on the Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties (“Third-Party Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Hip Mobility does not endorse any, nor is it responsible for, Third-Party Content on the Service.
Do not do bad things with the Service, try to break it, or steal our hard work.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws.
The following uses of the Service are prohibited. You may not:
1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, User Accounts, or the technology and equipment supporting the Service;
2. frame, mirror or link to the Service without permission;
3. use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the Service, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Service;
4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5. disclose personal information about another person, or post, send or store infringing, obscene, threatening, libelous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person;
6. sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
7. post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;
8. use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to Hip Mobility or others; or
9. access the Service from a jurisdiction where it is illegal or unauthorized.
XII. Termination and Consequences of Violating These Terms
Hip Mobility reserves the right to immediately suspend or terminate your User Account and prevent access to the Service for any reason or no reason at all, at our sole discretion. Hip Mobility may or may not give notice of the termination of the agreement in advance. We reserve the right to refuse to provide the Service to you in the future. If you do not act acceptably, we may prohibit your use of the Service. You may, however, terminate the agreement at any times by deleting your Account, thereby disabling your use of the Services. You can close your Account at any time by following the instructions within the Services. Termination of this agreement will not prejudice accrued rights of either you or Hip Mobility.
Sections VIII, IX, X, XII, XIII, XV, XVI, XVII, XVIII and such other provisions which are intended to survive the termination, shall survive the termination of these User Terms in accordance with their terms.
We will have the right to investigate and prosecute violations of the above to the fullest extent of the law. Hip Mobility reserves the right to involve and cooperate with federal, state and local law enforcement authorities in prosecuting Users who violate these Terms in a criminal manner.
Hip Mobility may review and remove any Third-Party Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
XIII. Hip Mobility’s Liability
We are not liable for the actions of Users when they use the Service. We may also change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Hip Mobility of all claims, demands, and damages in disputes among Users of the Service. You also agree not to involve us in such disputes.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites and Promotions. The Service may include links to third-party websites and applications, including opportunities to purchase goods and services from, or participate in special contests, sweepstakes, and other promotions (“Promotions”) of our business partners, charities, sponsors or other third parties (“Third-Party Partners”). You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Service.
Released Parties Defined. Released Parties include Hip Mobility and its affiliates, officers, directors, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. HIP MOBILITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. HIP MOBILITY AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER.
HIP MOBILITY MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT HIP MOBILITY DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT HIP MOBILITY DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND HIP MOBILITY WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. HIP MOBILITY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING HIP MOBILITY’S SERVICES RESTS SOLELY WITH YOU. HIP MOBILITY WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Third-Party Content, (ii) your use of or reliance on any Hip Content, (iii) your violation of any rights of any third party, including transportation service providers booked through the Service; or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.
These Terms and the relationship between you and Hip Mobility shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Hip Mobility agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York county in the state of New York. You covenant not to sue Hip Mobility in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Rules of Arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Hip Mobility otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hip Mobility submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Hip Mobility will not seek, and hereby waives all rights Hip Mobility may have under applicable law to recover, attorneys’ fees and expenses if Hip Mobility prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Hip Mobility will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
XV. Force Majeure
Hip Mobility shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism, disease or public health emergencies or other similar causes.
COVID-19: Any interaction with the general public poses an elevated risk of being exposed to COVID-19. While Hip Mobility and its transportation providers are taking additional steps to ensure cleanliness and safety, neither Hip Mobility nor its transportation providers can guarantee that Users will not be exposed while using the Service.
XVI. General Terms
These Terms constitute the entire agreement between you and Hip Mobility concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. Except as provided this Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. This choice of law provision is only intended to specify the use of New York law to interpret this Agreement and is not intended to create any other substantive right to non-New Yorkers to assert claims under New York law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Hip Mobility, in our sole discretion by providing notice to you. Any notices to you shall be provided to you through the Services or given to you via the email address or physical address you provide to Hip Mobility during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Hip Mobility with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
Hip Mobility, Inc.
21 West End Ave.
New York, NY 10023