Terms of Service
NTS and our partner taxi companies (herein also referred to as “We”) reserve the right to modify the terms and conditions of this Agreement or its policies relating to the NTS Rider App at any time, effective upon posting of an updated version of this Agreement to the rideyellow.com website. You are responsible for regularly reviewing this Agreement. Continued use of the NTS Rider App Platform after any such changes shall constitute User consent to such changes.
“User” or “Users” refers to any person who uses and/or books a ride with the NTS Rider App. “Passenger” or “Passengers” refers to any person who participates in a taxi ride that was ordered by a User.
USE OF OUR SERVICE
AT YOUR SOLE AND VOLUNTARY DISCRETION, YOU ARE ELECTING TO INSERT AN ORDER FOR SERVICE (“A REQUEST”) WITH THE TAXI COMPANY THROUGH THE NTS RIDER APP INSTEAD OF THROUGH OTHER AVAILABLE MEANS, SUCH AS BY CALLING THE TAXI COMPANY DIRECTLY BY TELEPHONE OR USING THE TAXI COMPANY’S WEBSITE. BY INSERTING A REQUEST, USER AGREES TO ALL OF THE TERMS OF THIS AGREEMENT.
Any use or access to the NTS Rider App by any person under 18 years of age is strictly prohibited and in violation of this Agreement. The NTS Rider App is not available to, or authorized for use by, any Users previously removed from the NTS Rider App by the taxi company, any Users or persons acting on behalf of an organization or entity and is not in his or her personal or individual capacity, or any Users accessing the NTS Rider App for any purpose other than to seek to participate in an actual ride for personal purposes, unless specifically authorized by the taxi company (collectively “Unauthorized Users”). Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the NTS Rider App.
NTS RIDER APP LICENSE
Subject to the terms and conditions of this Agreement, User are hereby granted a non-exclusive, limited, non-sublicensable, non-transferable, freely revocable license to use the NTS Rider App for personal, noncommercial use only. The taxi company may terminate this license at any time for any reason.
Except for User User Content, the NTS Rider App 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 “NTS Rider App Content”), and all intellectual property rights related thereto, are the exclusive property of NTS 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 User agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any NTS Rider App Content. Use of the NTS Rider App Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Fares may be charged by way of either the live taximeter, which calculates the fare based upon the actual time elapsed and/or distance travelled during the trip, or, by way of an Upfront Price, as described below. Whether the taximeter or upfront price is used is within the sole discretion of the taxi company providing the requested transportation.
The NTS Rider App contains a feature that estimates the final price for a trip (the “Upfront Price”) using the passenger’s entered pickup address, the passenger’s entered drop off address, and a third-party mapping service that supplies live traffic and suggested routing information for User trip. You acknowledge and authorize the NTS Rider App to send User trip information to the third-party mapping service for the purposes described in this section. These data points are used in an algorithm to compute the Upfront Price based on a combination of the anticipated distance to be driven and anticipated travel time between the entered pickup address and the entered drop off address while prioritizing the fastest route available according to the mapping service. Each fare calculated using an Upfront Price includes a technology fee not to exceed $1.00 that will be charged to the passenger and paid to the taxi company, not the driver.
You acknowledge that traffic conditions change constantly and unpredictably, and that incidents can occur that will significantly affect User driving time and distance that are completely outside the control of the driver. The driver may exercise independent judgment regarding how to safely and expeditiously transport User in ways that may increase the time and/or distance traveled. In addition, the User acknowledges that the User may occasionally change the drop off point, either due to a change of mind or a mistake in entry. If, at the time of booking a ride, the User selects to pay using a stored credit card in the NTS Rider App, the User agrees to allow the taxi company to attempt to immediately charge the User credit card for the remaining owed amount of the final trip fare.
In some cases, passengers elect to add a stop while on their trip to a previously entered order. In these cases, the NTS Rider App will attempt to recalculate the fare for the entire trip, including the additional stop requested by the passenger. You acknowledge that, in such cases, the price will be adjusted for adding the additional stop to the trip route as well as any time the driver must wait for the passenger while at the stop. You agree to pay for all additional fare and fees calculated for User additional stop. If, at the time of booking a ride, the User selects to pay using a stored credit card in the NTS Rider App, the User agrees to allow the taxi company to attempt to immediately charge the User credit card for the remaining owed amount of the final trip fare.
Finally, If User elect to terminate the trip before reaching User’s stated destination, User will nevertheless be charged the Upfront Price. By agreeing to the upfront price, the customer is agreeing to pay this upfront price amount even if they elect to terminate their trip before reaching their stated destination. By agreeing to this Terms of Service, the User agrees to waive all rights to being charged a lower price if the User elects to terminate their trip before reaching the User’s stated destination. However, if the User is not satisfied with the final price that they were changed, they may contact our Customer Care team by sending an email to firstname.lastname@example.org and including as much trip information as possible, so that we can review the eligibility of their trip for a partial refund.
PAYMENTS, FEES, GRATUITY, PROMOTIONS, AND PRE-AUTHORIZATIONS
Payment of fares as computed in the foregoing section are due immediately at the conclusion of the trip and are non-refundable.
If, at the time of booking User ride, the User selects to pay using a stored credit card in the NTS Rider App and in order to ensure that the credit card selected by the User for payment has sufficient remaining credit to pay for the full fare of the requested trip, the NTS Rider App will immediately preauthorize the User’s selected credit card for the trip for the combined payment amount of the Upfront Price, any fees, and any gratuity (driver tip) applied to the trip (as discussed below). The preauthorization process will, in all cases, reduce the amount of remaining credit available on the User’s credit card. In the event that the preauthorization process fails, the User will be prevented from entering their order via the NTS Rider App unless the User selects a different credit card to be charged for the the trip that has sufficient credit or if the User selects “Pay in Cab” as their payment option, in which case, the User will be obligated to pay for the trip either in cash or via the vehicle’s onboard credit card processing equipment.
If a User who books a ride with the NTS Rider App and who chooses to pay with a stored credit then decides to cancel their ride prior to the ride commencing, the preauthorized funds will be made void within fourty-eigth (48) hours of the ride cancellation, minus any cancellation fee. Similarly, if a User’s final payment amount for a completed trip turns out to be less than the preauthorized amount that was charged for the trip for any reason, then the surplus preauthorized credit will be made void and/or released within fourty-eight (48) hours.
In the event that the final fare is recalculated due to traffic conditions, adding a stop or extra such as an airport surcharge, additional waiting time, or a change in tip amount, and where the total amount to be charged exceeds the available credit on the User’s credit card, User acknowledges that the NTS Rider App will charge the User’s credit card for the previously preauthorized amount, and User will be required to pay the remaining owed amount either in cash or via the vehicle’s onboard credit card processing equipment.
For Users who book a ride with the NTS Rider App and choose to pay with a stored credit card, the app offers the ability for the User to change from the credit card they had selected at the time of booking to different a credit card while the trip is in progress for the purpose of charging this different credit card for the final trip payment. Our system will attempt to charge this different credit card at the end of the trip. However, if the charge attempt is declined for any reason, including insufficient funds, then our system will charge the credit card that was selected and preauthorized at the time of booking the ride.
In the event that the User cancels or withdraws a Request on the NTS Rider App more than five (5) minutes after the Request is accepted by a driver, User agrees to pay a nonrefundable Five Dollar ($5) cancellation fee, which will be paid to the driver.
By using the NTS Rider App, User acknowledges that tipping is a customary practice in the taxicab industry. The NTS Rider App contains a default gratuity (driver tip) that is set by the taxi company that will apply whenever a User pays with a registered credit card in the NTS Rider App. The charge for the fare plus the default gratuity will be preauthorized on the User’s credit card at the time the order is entered. The NTS Rider App also provides the ability for Users to either set their own default gratuity (including to zero if desired), or, when using a registered credit card for payment and after a trip commences, to change the default or User-entered gratuity for that trip to any desired amount. Gratuities cannot be changed after the trip is complete; once the driver ends the trip.
Participating taxi companies may have a policy which requires passengers to pay a cleaning or repair fee in the event any passenger causes damage or soils the taxicab beyond normal wear and tear. Users and passengers will be responsible for any cleaning or repair of any damage or destruction of the vehicle or any part thereof, or from the results of any behavior that renders the vehicle unable to be used for the transportation of passengers or goods, that is caused by User, or any passenger riding on a trip secured by User hereunder.
The taxi company reserves the right to at its sole discretion, make promotional offers with different features to any User. These promotional offers have rules that may limit their application, and applicable discounts under such offers may be used to reduce the fare owed for a trip.
All information that the User provides in connection with a purchase or transaction or other monetary transaction interaction with the NTS Rider App and with the taxi company’s service in general must be accurate, complete, and current. The User agrees to pay all charges incurred on User’s credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the NTS Rider App and the taxi company service at the prices in effect when such charges are incurred.
To ensure proper payment, the User is solely responsible for providing and maintaining accurate contact and payment information associated with the User account. If User disputes any payment made hereunder, User must notify the taxi company that serviced User trip in writing (User can send an email to: email@example.com) within thirty (30) days of such payment. Failure to notify the taxi company within thirty (30) days shall result in the User automatically waiving any claim relating to such disputed payment. A User’s trip payment as well as any evaluation of a partial or full refund of any given trip payment shall be calculated solely based on records maintained by the taxi company. No other measurements or statistics of any kind shall be accepted by the taxi company or have any effect under this Agreement.
CONSENT TO RECEIVE AND SEND TEXT MESSAGES
The NTS Rider App communicates with Users through text messages. Users may be charged by their mobile provider for the receipt of such messages and by use of the NTS Rider App, Users automatically acknowledge and consents to receipt of text messages generated by their use of the NTS Rider App.
Users may at any time terminate and delete their account by simply uninstalling the NTS Rider App from their mobile device. Upon uninstallation of the app from the User’s mobile device, all records of past ride bookings made by the User on the NTS Rider App along with any and all trip data associated with those records will not be deleted from our system.
USER ACCOUNT REQUIREMENTS
For all NTS Rider App User accounts, no person (User, passenger, or other persons) may ever use any User’s account without permission. When creating a User account, the User must provide accurate and complete information. The User is solely responsible for the activity that occurs on their User account. If any breach of security or unauthorized use of a User account occurs, the User must notify us immediately by emailing us at firstname.lastname@example.org. NTS nor any of our partner taxi companies will be liable for any losses caused by any unauthorized use of a User’s account.
USER ACCESS TO THE SERVICE
Without prior notice, NTS and it’s partner taxi companies may change a User’s level of access to the NTS Rider App or any portion thereof, including but not limited to stopping entire access to or use of the NTS Rider App or features thereof and/or creating User usage limits for the NTS Rider App. We may permanently or temporarily terminate or suspend User access to the NTS Rider App without notice and liability for any reason, including if in our sole determination User violates any provision of this Agreement, or for no reason whatsoever. Upon a User’s termination for any reason or no reason, the User continues to be bound by this Agreement.
USER CONTENT LICENSE GRANT
We may make available software to access the NTS Rider App via a mobile device (“Mobile Software”). To use the Mobile Software, User must have a mobile device that is compatible with the Mobile Software. The taxi company does not warrant that the Mobile Software will be compatible with the User’s mobile device. The taxi company hereby grants the User a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one NTS Rider App User account on one mobile device owned or leased solely by the User, for the User’s 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 NTS may, from time-to-time, issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that the User is using on a User’s mobile device. The User consents to such automatic upgrading on the User’s mobile device, and agrees 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 NTS and its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by User to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. NTS and it’s partner taxi companies reserve 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 NTS and it’s partner taxi companies that the User has provided the taxi company with accurate and complete identity information. All Users and passengers agree to conform their conduct to the policies set forth in this Terms of Service agreement.
MOBILE SOFTWARE FROM ITUNES
The following applies to any NTS Rider App User acquired from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between User and NTS and it’s partner taxi companies, 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, User may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to the User; 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 NTS or it’s partner taxi companies as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of the User or any third party relating to the iTunes-Sourced Software or User 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 the taxi company as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or User possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, NTS and it’s partner taxi companies, 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, NTS and it’s partner taxi companies acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to User license of the iTunes-Sourced Software, and that, upon User 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 User license of the iTunes-Sourced Software against User as a third party beneficiary thereof.
We care about the privacy of our Users. The User understands that by using the NTS Rider App, they consent to the collection, use and potential sharing of their personally identifiable information and aggregate data to third party sources.
The taxi company cares about the integrity and security of a User’s personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use User personal information for improper purposes. You acknowledge that the User provides personal information at User’s own risk.
You agree to defend, indemnify and hold harmless the NTS Rider App, NTS, NTS’ partner taxi companies and their 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) User use of and access to the NTS Rider App, including any data or content transmitted or received by User; (ii) User violation of any term of this Agreement, including without limitation User breach of any of the representations and warranties above; (iii) User violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) User violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of User User Content or any that is submitted via User account; or (vi) any other person’s access and use of their NTS Rider App User account.
THE NTS RIDER APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE NTS RIDER APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NTS RIDER APP 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 NTS RIDER APP, NTS’ partner taxi companies OR THROUGH THE SERVICE AT LARGE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN, INCLUDING WITH RESPECT TO DRIVER OR PASSENGER SAFETY. WITHOUT LIMITING THE FOREGOING, THE NTS RIDER APP, NTS’ partner taxi companies AND THEIR 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. THE SERVICE IS PROVIDED SUBJECT TO THE TERMS OF SERVICE OF THIRD-PARTY PROVIDERS OF SOFTWARE, DATA, PLUG-INS AND SERVICES THAT ARE INCORPORATED INTO THE NTS RIDER APP, AND YOU ACKNOWLEDGE THAT SUCH TERMS OF SERVICE, INCLUDING ALL DISCLAIMERS AND LIMITATIONS, ARE BINDING ON NTS RIDER APP, NTS’ partner taxi companies, AND YOU (THE USER). 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 NTS RIDER APP, THE TAXI COMPANY, THEIR 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 NTS RIDER APP . UNDER NO CIRCUMSTANCES WILL NTS RIDER APP OR THE TAXI COMPANY 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, NTS RIDER APP AND THE TAXI COMPANY ASSUME 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 NTS RIDER APP OR THE TAXI COMPANY, THEIR 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 THE TAXI COMPANY 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 NTS RIDER APP OR THE TAXI COMPANY HAVE 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, Venue. You agree that: (i) use of the NTS Rider App shall be deemed solely based in the state of Florida, and (ii) the NTS Rider App shall be deemed a passive one that does not give rise to personal jurisdiction over the taxi company, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Broward County, Florida 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 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 the taxi company, the User agrees to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the event that the User and the taxi company are not able to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims by the taxi company 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 Arlington County, Virginia, unless User and the taxi company 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 ALL PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE TAXI COMPANY 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 the User, but may be assigned by the NTS and its partner taxi companies 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 User may enter into with the taxi company in connection with the Service, shall constitute the entire agreement between User, NTS, and the NTS partner taxi companies 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 the taxi company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.