Yay Driver Inc. (“Yay Driver”) Terms and Conditions
This Website and the services of Yay Driver (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via app constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and/or operated by Yay Driver (including but not limited to YayDriver.com and app, Yay Driver app, Yay Rider app, etc) and collectively referred to herein as "Yay Driver," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.YayDriver.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on May 23th, 2018.
Upon registration, you may choose your own password to access the Services through the Yay Driver website or apps.
At Yay Driver we are committed to making your total Yay Ride experience a positive one. There are several ways you can find Drivers through Yay Rider app (collectively, "Drivers"). Yay Rider app is our service where you request a referral for a Ride, and we refer you out to Drivers.
You agree not to copy/collect Yay Driver content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use Yay Driver to recreate or compete with Yay Driver , to solicit or harass Drivers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Yay Driver for any such damages, and will indemnify Yay Driver Inc in the event of any claims against Yay Driver based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Yay Driver Services, products or properties at any time. All information about Drivers is confidential and for your personal use only. If it is determined or suspected by Yay Driver in its sole discretion that you are misusing or attempting to misuse or circumvent the Yay Driver services or system, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Yay Driver reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Drivers will take payment for services provided by Drivers, through the Yay Rider app. Should you have any dispute with the services provided by the Driver(s), as set Driver have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made to the Driver, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.
Upon using Yay Driver , you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as ride services records, on our website or apps. Some of this information will be sent to Drivers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Drivers via phone, email, mail, text (SMS) messaging, app, or other reasonable means, at any of your contact numbers, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, rides that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Yay Driver and/or a Driver and thus agree to be contacted by Yay Driver and/or a Driver. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Drivers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Yay Driver has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yay Driver has the right to refuse any current or future use of the Yay Driver Services (or any portion thereof) by you. You are responsible for any use of the Yay Driver Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO YAY DRIVER AND THE DRIVERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO YAY DRIVER AND EACH DRIVER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF YAY DRIVER AND EACH OF THE AFFECTED DRIVERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
By submitting a service request, you agree that Yay Driver and the Drivers may send you informational text (SMS) messages as part of the normal business practice. These text (SMS) messages shall not be used for marketing purposes. Yay Driver and its affiliates may view, store, access and disclose messages exchanged between you and consumers.
While we cannot guarantee the work performed by a listed Driver, and while we have no obligation to you with regard to your relationship with a Driver, the Yay Driver resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a ride with a Driver who you learned about through the Yay Rider app. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Driver. You must participate and use good faith efforts to resolve problems through the Yay Driver resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Driver without a good faith basis for doing so. You agree that Yay Driver is not responsible for the accessibility or unavailability of any Driver or for your interactions and dealings with a Driver.
You acknowledge and agree that Yay Driver may monitor and/or record any telephone calls between you and Yay Driver.
You agree that all of the content and information posted by you or your agents or designees on Yay Driver , including but not limited to:
(known collectively as "Content") is the sole and exclusive property of Yay Driver Inc, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
Unless otherwise noted on the Driver's profile page, Yaydriver.com uses the following criteria as part of its registration enrollment process ("registration") for new Drivers, with the exception of Corporate Accounts (as described below), Drivers providing YAY Z servise and Drivers providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Driver business' enrollment, and every two years thereafter:
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE DRIVER
NOTE: YAY DRIVER PERFORMS SCREENING SOLELY AT THE TIME THE DRIVER APPLIES FOR MEMBERSHIP IN THE YAY DRIVER NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A DRIVER'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, YAY DRIVER CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. YAY DRIVER IS UNDER NO OBLIGATION TO UPDATE A DRIVER'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE RIDING WITH A DRIVER YOU VERIFY THAT INFORMATION PRESENTED IN THE DRIVER'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Drivers are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, Yay Driver does not screen the Corporate Accounts or Corporate SP's.
Drivers Profiles: Yay Driver allows Drivers to post profiles about themselves and their business on the Yay Driver apps. Yay Driver does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Driver. Yay Driver therefore makes no representations or warranties regarding any information posted by a Driver, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Yay Driver Yay Driver believes that it uses FBI fingerprinting methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Yay Driver network. Yay Driver does not represent or warrant that the information received from FBI, is accurate, error free, or that it is up to date or updated at the time that Yay Driver checks such information.
DISCLAIMER: YYAY DRIVER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
All Ratings and Reviews of a Driver and/or Rider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Yay Driver . Yay Driver disclaims any and all representations or warranties with regard to the Ratings and Reviews. Yay Driver does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the app’s or the materials contained therein.
Yay Driver provides certain content relating to Rides ("Articles"), on the Yay Driver website or apps, and via mobile applications owned and operated by Yay Driver . Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
The links in the Yay Driver website or apps will let you leave Yay Driver's Web site. The linked sites are not under the control of Yay Driver and Yay Driver is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Yay Driver is not responsible for webcasting or any other form of transmission received from any linked site. Yay Driver is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Yay Driver of the site.
Yay Driver respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at info@YayDriver.com.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Yay Driver server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Yay Driver . Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Yay Driver website or apps or any other Yay Driver owned, operated, licensed or controlled site. Elements of the Yay Driver , website or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Yay Driver web Site may be copied or retransmitted unless expressly permitted by Yay Driver You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. YAY DRIVER AND/OR ITS RESPECTIVE DRIVERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YAY DRIVER AND/OR ITS RESPECTIVE DRIVERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE YAY DRIVER WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YAY DRIVER AND/OR ITS RESPECTIVE DRIVERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
YOU AGREE TO INDEMNIFY YAY DRIVER , AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE YAY DRIVER SERVICES IN CONNECTION WITH THE YAY DRIVER WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A DRIVER, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
*NOTICE OF RIGHTS*
You acknowledge and agree that the Yay Driver Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Yay Driver's sole obligation to you or any third party for any claim arising out of your use of the Yay Driver Services or the Yay Driver or apps, is that you are free to discontinue your use of the Yay Driver Services or the Yay Driver or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YAY DRIVER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT YAY DRIVER SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF YAY DRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Yay Driver's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Yay Driver to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Sarasota County, Florida. These Terms and Conditions constitute the entire agreement between you and Yay Driver and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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