Terms and Conditions of Service Agreement

This Terms and Conditions of Service Agreement (“TOS Agreement”) governs the use of transportation services, and all related services provided, including but not limited, to RIDESportation’s interactive and/or mobile service, website, and/or software, (collectively and individually, the “Services” or “Service”), and this TOS Agreement constitutes an agreement between you (“User” “Rider,” or “you”) and RIDESportation, a Virginia limited liability company (“RIDESportation,” “Company,” “we,” “us,” or “our”).

By accessing or using any of our Services, you agree and represent that you have read, understood and agree to be bound by this TOS Agreement. This TOS Agreement applies to all Users, Riders, passengers, and any other persons or entities who access or use any of our Services. This TOS Agreement applies to all Services offered by RIDESportation, collectively with any additional terms and conditions that may be applicable to the specific Service accessed or used by User. In the event of a conflict or inconsistency between any provision in this TOS Agreement and those of a particular Service, the provisions of that particular Service are to prevail.

1. USERS’ ELIGIBILITY

Our Services are available only to persons, and companies or entities, who can legally enter into binding contracts under applicable law. By accessing or using any of our Services, User agrees and represents that User is over the age of 18 years, or is a company or entity, and can legally enter into binding contracts under the laws of the Commonwealth of Virginia.

2. FEES, CHARGES AND PAYMENTS

As a User, you agree to pay, and authorize RIDESportation’s third party payment processor to charge via the credit card or third-party payment processing account on file in your Account (your “Payment Method”) for all applicable fees and taxes that may accrue in relation to your use of the Services and the Ride Contracts.

Ride Fees are based on time and distance. The basic fee structure for the use of our Service is listed below. For shorter rides, minimum Ride Fees may apply. In addition, RIDESportation may assess a one-time “Booking Fee” to offset operational costs. In most cases, a fee and accompanying charges will be provided to User prior to the delivery of Service. The price will detail the cost of any additional Services, toll fees and any other applicable fees in US dollars. Tolls, taxes and other fees may not be included in the calculated cost of the Service and User may be responsible for additional charges. Your actual Ride Fees for any given Ride may vary if it takes longer to perform your Ride (i.e., if the Driver has to wait if a User delays the pick-up and/or departure time, or increased Ride time due to traffic delays), or the distance traveled during your Ride is greater than the anticipated (i.e., if a detour is required to avoid adverse road conditions). After the completion of the ride, if the final price charged differs from the initial price, RIDESportation will provide User with a final bill detailing the additional costs. Payment of additional fees must be paid within seven (7) calendars of the date of the final bill provided to User. If the final bill is not paid within fourteen (14) calendar days, the User’s account and ride services will be suspended until final payment is rendered.

Rules:

• 0-25 miles and under 2 hours (Note: 2-hour ride minimum applies)
• All rides included in ride packages must be completed within 1 year from the date of purchase.

Add-Ons for Elderly (ages 50 and above) and School Age Children (ages 6-12) Service Package (charged at time of ride completion):

• Mileage after 25 miles= $.75/mile
• Rides after 2 hours = $10.00/hour
• Cancellation Policy = Please refer below to Section 9, “Cancellation/Refund Policy”

For Non-Virginia Service Only: Fees for Special Service packages and social events are determined by the Company on a case by case basis.

In the event User fails to pay for Services rendered, User will be responsible for all legal fees and collection costs incurred by the Company in its attempts to collect User’s outstanding balance due.

3. BOOKINGS AND RESERVATIONS

Confirmation or booking of Services whether by telephone, email, fax, mobile application or website usage constitutes acceptance by User of the estimated price quote for Services along with the cost of any additional Services, toll fees and any other applicable fees.

4. AMENDMENTS

For Non-Virginia Service Only: RIDESportation may change, modify, update or amend this TOS Agreement from time to time without prior notification to any User and such change, modification, update or amendment shall be effective immediately upon posting of the same on RIDESportation’s website. You agree and acknowledge that your use or continuous use of our Services signifies your acknowledgement and your acceptance of any change, modification, update or amendment to this TOS Agreement.

5. USER ACCOUNTS, PROMOTIONS AND OFFERS

We reserve the right to collect User data information, including but not limited to name, telephone number, address, contact information and any other data that can be used to facilitate delivery of our Services to you. All information gathered by RIDESportation from User is on a bona fide basis. Your misrepresentation or misuse of any data provided by you to us will lead to automated termination of our Services to you without any prior notification. RIDESportation, in its sole discretion, may make available promotions with different features to any of our Users. These promotions or offers to participate in a promotion, unless made to you, are inapplicable to these terms or your relationship with RIDESportation.

6. LINKS TO THIRD PARTY WEBSITES

Any links provided to third party sites are provided by us to you as a convenience and we have no control over any such third-party sites, including but not limited to the platform, cookies, privacy, data collection, content or resources provided by such third-party sites.

7. SAFETY

Seatbelts are provided in our transportation vehicles for the convenience of User. RIDESportation requires and encourages User’s to use seatbelts in accordance with applicable laws. User acknowledges and agrees that it is User’s sole and absolute responsibility to ensure their seatbelt is used and securely fastened, and acknowledge that RIDESportation drivers have the right to refuse transportation to any User who is out of compliance with applicable laws. Seating capacity is limited to seats with working seatbelts as required under state law.

8. USE OF TRANSPORTATION SERVICES

The following terms and conditions apply to Users utilizing our transportation Service. Each User agrees to the following conditions:

• User agrees not to smoke or consume any kind of intoxicant or drug or other chemical inside any of our transportation vehicles, and agrees that our driver has a right to refuse the pick-up or require that User disembark our transportation vehicle if the driver determines that User is in an intoxicated state or is misbehaving or causing a nuisance to the driver or other Users;
• User agrees not to soil or damage any devices (technical and non-technical), seats and/or any interiors of any of our transportation vehicles;
• User agrees not to litter in any of the transportation vehicles;
• User agrees that RIDESportation may, and User authorizes RIDESportation to, charge your Payment Method for any damages incurred by your driver that were caused by a Rider during a ride, as determined in RIDESportation’s sole discretion.
• User agrees not to ask or require our driver to break any county, city, state or government rule or regulation for any purpose, including but not limited to reaching the target destination earlier;
• User agrees not to ask the driver to permit boarding of an unauthorized person onto our transportation vehicle and further agrees that our driver has the right refuse such a pick-up or ask User to disembark our transportation vehicle;
• User agrees and authorizes the Company’s use of location based information provided by any entity or company when User uses the mobile phone to book a Service;
• User acknowledges and agrees that calls made by User to the Company’s call center may be recorded for quality and training purposes.

User further acknowledges and agrees that User’s use of the Services offered by RIDESportation is at the sole risk of User and that RIDESportation disclaims all representations and warranties of any kind whatsoever, whether express or implied. User agrees and acknowledges that the Company makes no representation or warranty. User further agrees and acknowledges that:

1. the Company is NOT responsible for significant delays or deviations from the scheduled pick up time that are due to traffic, weather, road conditions or any other unforeseeable circumstances or events;
2. the Company is NOT responsible or liable for any loss or damage whatsoever, however caused or suffered by User, arising out of Users’ use of any of our Services or due to the failure or refusal by the Company to provide Services to User for any reason whatsoever;
3. the Company is NOT liable for any damages of any kind whatsoever arising from the use of the Services offered by the Company, including but not limited to, direct, indirect, incidental, punitive and consequential damages;
4. the Company is NOT responsible for any User’s missed appointment, flight, bus or train connection, for whatever reason, including but not limited to weather, traffic, road conditions, or other unforeseeable circumstances or events.

9. CANCELLATION/REFUND POLICY

Users have the right to cancel their Service at any time. In order to avoid any cancellation charges, cancellation of Services must be made no less than 48 hours before a User’s scheduled pick-up time. For cancellations or changes made 24 to 48 hours before your pick-up time, a fifty percent (50%) charge of the advance amount paid will be deducted and the rest of the amount will be refunded to User. For cancellations or changes made within less than 24 hours before User’s scheduled pick-up time, the full advance amount paid will be charged and no refunds will be made. Same day bookings are subject to the 24 hour no refund policy. Note: Bundle Ride Service Packages are not eligible for full or partial refund after 30 days of purchase.

In cases of no-show of User at the scheduled pick-up time, the full advance amount will be charged and no refunds will be made to User. Cancellations can be made by calling: 703-951-3447 OR submitting your cancellation request at: cancel@ridesportation.com

Under unforeseeable circumstances or events (such as traffic, road conditions, weather, etc.), the Company reserves the right to cancel and refund reservations in advance of the scheduled pick-up time.

10. CUSTOMER SERVICE AND SERVICE ADVISORIES

Where we determine that the Company is at fault, User may receive compensation in the form of a full or partial refund, reservation credits or through other means. In cases where alternative means of transportation are utilized by User, reimbursement will not include a full refund of the original reservation but will include the difference between the original reservation amount paid and the amount paid for the alternate mode of transportation.

At times, there may be changes to the Company’s normal operations due to severe weather conditions, traffic conditions, or other events. Whenever possible, the Company will post alerts on its website, send mobile alerts to Users, or use other forms of communication to alert Users in advance of potential delays in pick-up.

Users are encouraged to notify RIDESportation of their experience with the Company. Users can call 703-951-3447 or mail the User survey card provided.

11. INDEMNIFICATION

User indemnifies, defends, and holds harmless RIDESportation, its agents, employees, representatives and contractors from and against any and all claims, judgements, costs, liabilities, damages and expenses (including but not limited to attorney’s fees) whatsoever arising, directly or indirectly, in connection with any actions or omissions whatsoever by the Company, its agents, employees, representatives and contractors or subcontractors, in performance of its duties under this TOS Agreement

User authorizes and entitles the Company to disclose to any government body as so required by law any User data held in possession by the Company in its sole and absolute discretion.

12. DISPUTE RESOLUTION

You and RIDESportation mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) and survives after the TOS Agreement terminates. Any arbitration under this TOS Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and the Company, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective members, officers, employees, representatives or agents.

All disputes and claims between you and RIDESportation (each a “Claim” and collectively, “Claims”) will be exclusively resolved by binding arbitration solely between you and RIDESportation. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this TOS Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available to you by the Company, your relationship with the Company, the threatened or actual suspension, deactivation or termination of your User account or this TOS Agreement, payments made by you or any payments made or allegedly owed to you, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the nature of arbitration of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) are to be decided by the arbitrator.

By agreeing to arbitration, you understand that you and RIDESportation are waiving the right to sue in court or have a jury trial for all Claims. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated.

Unless you and the Company agree otherwise, any arbitration hearings between you and the Company will take place in the county of the RIDESportation’s billing address. If AAA arbitration is unavailable in our county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

13. FORCE MAJEUR

RIDESportation is not liable for any delay or failure to perform its obligations under this TOS Agreement if the delay or failure is due to causes beyond its reasonable control such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power, telecommunications or data networks or services or government act.

14. ATTORNEY’S FEES AND COSTS

The substantially prevailing party in any action to recover under this TOS Agreement is entitled to recover reasonable attorneys’ fees and costs for the action.