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This Terms of Service (the "Agreement") between you and SmartSlug, LLC (the “Company”) is a legally binding contract that governs your use of SmartSlug.com and its related services (the "Site"). As consideration for accessing or using the Site, you agree to be bound by this Agreement in full, whether or not you register as a member of the Site (a "User") or use any services provided by the Company or the Site.
The Company reserves the right to change, modify, or update this Agreement at any time by replacing this document on the Site. You agree to be bound by the most recent version of this Agreement available on the Site.
1. Certain Definitions. In addition to the other defined terms in this Agreement, the following terms shall have the following meanings as used in this Agreement:
(a) "Driver" means any User that has registered as a "Driver" on the Site or otherwise offers or performs Rides for Users.
(b) "Intellectual Property" means trademarks, copyrights, patents, trade secrets, and trade dress, whether registered or not.
(c) "Ride" means any transportation offered or provided by a Driver to a User in their vehicle.
(d) "Rider" refers to any User that has registered as a "Rider" or "Slug" on the Site or otherwise receives or attempts to receive Rides from Users.
2. Use of Site. By registering as a User or accessing the Site in any way, you represent and warrant that:
(a) you are 18 years or older, are capable of entering a binding contract, and are legally permitted to use the Site in your jurisdiction;
(b) you have never been convicted of a crime involving sexual misconduct, violence, harassment, or stalking;
(c) you will not manipulate Site data or transmit false information to the Site;
(d) all information that you transmit to the Site, including User registration information, is complete, accurate, and truthful; and
(e) you will not use the Site, or interact with any User of the Site, in a way that is illegal, harassing, or threatening.
If you are registering as a User and Driver (as defined below), or at any time offer a Ride to any User, you additionally represent and warrant that:
(a) you have a valid United States drivers license that permits you to drive a motor vehicle in the United States;
(b) you have never been convicted of, or pled nolo contendere to, a traffic related misdemeanor or felony;
(c) you own or lease all motor vehicles you use, or will use, for Rides, and such vehicles are validly insured and registered in all states in which you operate them;
(d) you have never had your driver’s license suspended or revoked;
(e) you will not collect, charge, or ask for any money, fee, service, or remuneration of any kind for any Ride;
(f) you will not transport more than 4 passengers at any given time during a Ride and will not operate your motor vehicle if it is unsafe to do so;
(g) In the event of a motor vehicle accident, you will be solely responsible for compliance with all applicable legal requirements, for all contact with your insurance company, and the Company shall not be responsible or liable in any way; and
(h) you will, at all times while transporting Riders, obey all traffic laws.
The Company may limit, suspend, revoke, or block your access to the Site at any time, with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or your User account.
3. Registration. You may be required to register with the Site as a User in order to access certain features. You agree to keep your User profile up to date and accurate in all respects. You further agree that your User account is personal in nature and may not be shared or given to any other person.
The Site may terminate your User Account at any time and for any reason. You may terminate your User Account at any time, but the Site may take a reasonable amount of time to process the termination.
4. Intellectual Property
(a) All Intellectual Property used throughout the Site is owned solely by the Company and no license, assignment, or sale of Intellectual Property shall be made. The Company reserves all rights to all Intellectual Property. Without limiting the generality of the foregoing, the Company owns the exclusive rights to all intellectual property it uses within the Site.
(b) The Site utilizes third party software and applications, including APIs (collectively, "Third Party Programs"). You acknowledge that such Third Party Programs are not affiliated with SmartSlug and that your use of the Third Party Programs is subject to their specific terms and conditions.
(i) By using the Site, you agree to be bound by Google's Terms of Service, which can be accessed at:
(a) We provide the Site exclusively "as is" and "where is" without any warranty or condition, express, implied or statutory. We do not represent or guarantee any specific results from use of the Site. We specifically disclaim any implied warranties of fitness or merchantability.
(b) The Site aggregates and displays real time, user supplied data and, therefore, the Company does not warrant that the Site or any of its content will be accurate, complete, reliable, current, secure, uninterrupted, or error-free. The Site will not monitor traffic conditions, lane closures, or the status of High Occupancy Vehicle (HOV) lanes. You acknowledge that information on the Site may not be accurate.
(c) YOU ACKNOWLEDGE THAT THE SITE MATCHES DRIVERS AND RIDERS AND DOES NOT, IN ANY WAY, PROVIDE RIDES, VET USERS, OR CONTROL THE SAFETY OF RIDES. YOU AGREE TO UTILIZE THE SITE AND ITS RELATED SERVICES, INCLUDING ANY RIDES OR OTHER INTERACTIONS WITH USERS, SOLELY AT YOUR OWN RISK. IT IS IN THE SOLE DISCRETION OF THE SITE'S USERS WHETHER OR NOT TO ACCEPT, OFFER, PROVIDE, OR UTILIZE RIDES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS BEFORE ARRANGING ANY RIDE OR INTERACTING WITH ANY USER. THE COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM, LOSSES, OR DAMAGES CASUED BY THE SITE, RIDES, OR USER INTERACTIONS. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE COMPANY'S MAXIMUM LIABILITY TO YOU SHALL BE THE TOTAL OF $200.00 USD.
6. Account Security
We value the security of our Users and therefore ask that you always maintain the confidentiality of your usernames and password. You acknowledge and agree to be solely responsible for all interactions undertaken by your User account.
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, parents, and affiliates, and its and their officers, agents, partners and employees, against any loss, liability or claim, made by any third party or other User due to, or arising out of, your breach or threatened breach of this Agreement, your use of the Site, your offering of Rides, your interaction with other Users, and your violation of any statute, regulation, ordinance, code, or existing contractual duty. The Company may, in its discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
8. Text and Email Notification
The Company may provide you with administrative notices regarding the Company or the Site via email or SMS message. You hereby expressly consent to receive such messages, and further consent that by typing your email address when registering for the Site, that you have e-signed your name to that effect.
This Agreement shall be governed exclusively by the law of the state of Virginia, without regard for the conflict of laws. Any dispute arising under, or related to the subject of, this Agreement shall be brought only in the state or federal courts of Stafford County, Virginia.
Notice may be sent to the company via certified email at firstname.lastname@example.org