Date of update: November 15, 2018
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and APEX Mobile App LLC doing business as APEX (“APEX Mobile App” “APEX” “we,” “us” or “our”), a Delaware corporation, governing your use of the APEX application, website, and technology platform (collectively, the “APEX Platform”).
The APEX Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the APEX Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”.
APEX DOES NOT PROVIDE TRANSPORTATION SERVICES, AND APEX IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE APEX PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE APEX PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE APEX PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH RIDE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By creating your User account and using the APEX Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE APEX PLATFORM OR THE SERVICES.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by APEX, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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 APEX with respect to the subject matter hereof.
2. Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by revising the “Last Updated” date above in this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the APEX Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes, you may not use or access the APEX Platform or the Services.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to APEX’ business, operations and properties, including User information (“Confidential Information”) disclosed to you by APEX for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of APEX in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to APEX with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by APEX or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of APEX; becomes known to you, without restriction, from a source other than APEX without breach of this Agreement by you and otherwise not in violation of APEX’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to APEX to enable APEX to seek a protective order or otherwise prevent or restrict such disclosure.
4. Who May Use the APEX Platform
A. Children’s Privacy. APEX is committed to the safety of our children. The Websites are not intended or designed to attract users under the age of 18. Persons under the age of 18 may not enroll as APEX Driver or register as Drivers or users.
B. Users Outside Of the United States. The APEX Platform is intended for users in the United States and those not governed by privacy policies of other countries. Users in the European Union are advised not to disclose Personal Information to us. Information sent to us will be housed on servers located anywhere in the world. Do not send us information unless you consent to the application of U.S. law and to the use and disclosure of your information consistent with this Privacy Statement.
5. Data We Collect From You
APEX is the sole owner of the APEX Platform, including Drivers’ Replicated Websites. (The APEX Platform and the Replicated Websites are collectively referred to as the “Websites”.) We collect information from Drivers (“Drivers”), Drivers, Users and visitors to the Websites at different points on the Websites.
A. Traffic Data. Like most website operators, we automatically gather information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Websites; and (iv) types of Web browsers accessing the Websites (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
C. Personal Information. Through your use of or visits to our Websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. Such information includes, without limitation: (1) “Contact Data” (such as your name, mailing address and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, religious affiliation, country, state, city and likes and dislikes,); and (3) “Financial Data” (such as your credit/debit card number and expiration date). For certain transactions, we may be required to collect information to comply with legal requirements. In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. We may supplement the Personal Information you provide with additional personal information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to us. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing any of our products. We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with APEX and Your login credentials to Your social network accounts, such as Facebook and Twitter, You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
1. “non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of the APEX Platform; and
2. “public information”, which consists of all other demographic information.
E. Driver and User Registration. In order to become a Driver, an applicant must provide Personal Information to us. We also may require a Driver applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Users are required to register in order to utilize the APEX Platform. Users will be required to provide Personal Information. We use this information to maintain contact with Drivers and Users, and to process User orders.
F. Product or Service Purchases. When a User purchases products or services from us through any of our Websites, the User must provide us with Personal Information. This information is used for billing and payment purposes and to fill orders.
G. Information that you make Public. The Website may contains features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which we are unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.
6. How We Use Personal Information
We use Your email address and Your other personal information to help Us efficiently operate the APEX Platform, to contact You in connection with Your transactions and other activities on the APEX Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with APEX), to forward trip information to You from other Users, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the APEX Platform, including processing Your transactions and supporting Your activities on the APEX Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the APEX Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the APEX Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
We analyze Traffic Data and information gathered using Cookies to help us better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, we are able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, we may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. We do not attempt to link information gathered using Cookies to Personal Information.
8. Web Beacons.
We may also use web beacons. A “web beacon” is an electronic image placed in the code of a web page. Beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our website and other sites were effective. We use web beacons to monitor the traffic patterns of users from one page to another and to improve site performance.
9. How We Use Demographic Data
10. Communications From Us
A. Special Offers and Updates. By enrolling/registering as Driver or Rider, or making an inquiry through the Websites, you consent to receive periodic email and other communications from us and from APEX Driver. For example, we send all new Drivers and Riders a welcoming email to verify password, username, and acceptance of the Driver Agreement or User Agreement (as applicable). All Drivers and Rider will occasionally receive information on products, services, special deals, and a newsletter.
B. Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Drivers and/or Riders an email. Generally, You may not opt-out of these communications, though you may deactivate your account. However, these communications are not promotional in nature.
C. Driver and Rider Service. We communicate with all Users via email, regular mail and telephone on a regular basis to provide requested services and/or in regards to issues relating to APEX or their APEX business. We communicate with other Users with respect to products or services purchased by such Users from us. Such communications may be by email, regular mail, or telephone.
D. Privacy Preferences/Opt-Out. APEX provides Users the opportunity to opt-out of receiving communications from Us and Our Drivers at the point where We request information about the visitor. APEX gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service. You may also remove yourself by clicking on an “unsubscribe” link in APEX platforms and/or by e-mailing us at email@example.com.
11. How to Edit Your Information
APEX provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the APEX menu. There You can view, update and correct Your account information. So that We can protect the integrity of sensitive data, there are certain pieces of information that You cannot alter Yourself. Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of APEX upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.
12. Information Retention
APEX provides Users the opportunity to opt-out of receiving communications from Us and Our Drivers at the point where We request information about the visitor. APEX gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
14. Special Cases in Which We Share Personal Information
Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information when We determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of APEX or other visitors to the APEX Platform. We also may disclose Your personal information to Our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom We are under common corporate control.
15. Our Security Precautions
Your APEX Profile is password-protected so that only You and authorized APEX employees have access to Your account information. In order to maintain this protection, do not give Your password to anyone. APEX staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your APEX account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
APEX has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
17. Notices, Complaints
Except as explicitly stated otherwise, any notices to APEX shall be given by certified mail, postage prepaid and return receipt requested to:
2035 Sunset Lake Rd , Suite B-2. Newark, DE 19702
Such notice shall be deemed given 15 days after the date of mailing. Any notices to you shall be provided to you through the APEX Platform or given to you via email or text to the email address or mobile phone number you provide to APEX during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to APEX during the registration process. In such case, notice shall be deemed given 15 days after the date of mailing.
To resolve a complaint regarding the APEX Platform, you should first contact our firstname.lastname@example.org.
18. Choice of Law/ Choice of Venue/ Forum Selection: IMPORTANT NOTICE—READ IMMEDIATELY
This Agreement shall be governed by the laws of the State of Delaware without regard to choice of law principles. Where Defendant has elected to resolve any claim or dispute via litigation and not arbitration, jurisdiction and venue over any and all disputes arising out of this agreement shall be proper only and exclusively in the federal or state courts in Dover, Delaware.
PLEASE SEE THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT FOR IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO RESOLVE DISPUTES ARISING UNDER THIS AGREEMENT.
19. Contacting APEX
If You have any questions about this privacy statement, the practices of APEX, or Your dealings with APEX, You may contact Us at email@example.com