September 8, 2016
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER PURSUANT TO WHICH YOU MAY BE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO FILE SUIT IN COURT, PARTICIPATE IN A CLASS ACTION, OR TO HAVE DISPUTES HEARD BY A JURY, UNLESS YOU OPT OUT. SEE SECTION 23. IF YOU DO NOT WISH TO AGREE TO THE ARBITRATION PROVISION, PLEASE FOLLOW THE OPT-OUT PROCEDURES DESCRIBED IN SECTION 23, WHICH YOU CAN REVIEW BY CLICKING HERE.
This Agreement is a legal agreement between See Jane Go, Inc. (“See Jane Go,” “our” or “we”) and “you” (also referred to as “your”) that governs your use of the See Jane Go app (the “App”) and website (“Site”), including all Updates (defined in Section 2 below), related documentation, and information and content provided by See Jane Go (collectively, the “SJG Platform”), except when you use the App in “Driver Mode” and provide rides to others. All use of the App in “Driver Mode” is governed by the See Jane Go Host Terms (“Host Terms”) and you agree that if you turn on “Driver Mode” you are bound by and agree to the Host Terms which also include an agreement to arbitrate claims and disputes in Section 23.
See Jane Go does not offer ride hail service transportation. See Jane Go works only to supply the technology and platform for riders (“Guests”) (i.e., you) to connect with drivers (“Hosts”). As a Guest, you will have a direct business relationship with each Host you meet through the SJG Platform and choose to ride with. It is up to you to decide whether to accept a ride from a particular Host, and you agree that See Jane Go does not have a partnership, employee/employer or agency relationship, or joint venture affiliation with any Host.
1. Account Registration. In order to use the SJG Platform, you will need to log in with a user account for which you register through the Site or App (“Account”). You agree to provide current, complete and accurate Account information when you register for an Account and when you update your Account information by updating your “profile.” You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to keep your log-in information confidential, and you agree not to authorize any third party to use it or your Account without See Jane Go’s permission. You agree to notify us immediately at firstname.lastname@example.org if you suspect any unauthorized use of your Account or the SJG Platform, or any other breach of security. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available through the SJG Platform. You agree not to attempt to access any restricted features or functionality (if any).
2. Updates. If See Jane Go provide updates, supplements or add-on components to the SJG Platform (collectively, “Updates”), this Agreement will apply to the Updates unless See Jane Go provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that See Jane Go may automatically check your version of the App, send Updates to the App, and release subsequent versions of the SJG Platform and require you to the use the most current version. See Jane Go reserves the right to suspend, terminate or remove your Account from the SJG Platform if you do not comply with this Section.
4. License to Use of the SJG Platform. Conditioned on your compliance with this Agreement, See Jane Go grants you a limited, personal, non-exclusive and nontransferable license to download, install, and use the App and to access and use the non-downloadable portions of the SJG Platform for your personal use on devices owned or otherwise controlled by you solely in connection with your Account on the SJG Platform.
5. License Restrictions. The license granted in Section 4 is conditioned on your compliance with the following:
i. You must not attempt to work around, disable, bypass, modify or defeat any technical limitations in the SJG Platform or to use the SJG Platform in an attempt to, or in conjunction with any device, program or service designed to, circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;
ii. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the SJG Platform, except and only to the extent that applicable law expressly permits, despite this limitation;
iii. You must not download or copy the SJG Platform, except as expressly permitted in Section 4;
iv. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit or otherwise make available the SJG Platform or any features or functionality of the SJG Platform to any third party for any reason;
v. You must not modify or make any derivative works of the SJG Platform, in whole or in part;
vi. You must not remove any proprietary notices or labels on the SJG Platform or any copy thereof;
vii. You must not use the SJG Platform in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; or military or aerospace applications, weapons systems or environments;
viii. You must not interfere with the proper functioning of the SJG Platform or use it, as a platform for external applications; to develop applications, services, websites; or in connection with any other functionalities that leverage the SJG Platform or any portion thereof;
ix. You must not make any use of the SJG Platform in any manner not permitted by this Agreement (including to engage in any prohibited activities described below);
x. You must not make use of the SJG Platform in any manner not permitted by any Additional Terms; and
xi. You must use the SJG Platform in compliance with all applicable laws.
6. Your Content. You are solely responsible for all content that is uploaded, posted, emailed, transmitted, shared, or otherwise disseminated by you or your Account through or in connection with the SJG Platform (“Your Content”). See Jane Go does not claim ownership of Your Content. You grant to See Jane Go and its affiliates and service providers a worldwide, royalty-free, transferrable, sublicenle, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish and translate Your Content (and derivative works thereof) in connection with the operation of the SJG Platform and See Jane Go’s business. See Jane Go is under no obligation to enable the transmission of Your Content through the SJG Platform and may, in its discretion, edit, block, refuse to post or remove Your Content at any time. You represent and warrant that you have the rights and authority necessary to grant the rights in this Section and that Your Content does not infringe the rights of See Jane Go or any third party or violate any agreement with or policy of See Jane Go or any applicable law. Your Content must not contain hateful, violent, pornographic, illegal or overall offensive materials, as determined by See Jane Go in its sole discretion. It is your sole responsibility to review Your Content for those materials. See Jane Go is in no way responsible for monitoring Your Content but may remove it or take other appropriate action including using the SJG Platform and other technology to track or investigate activities that are, in See Jane Go’s sole discretion, illegal or a violation of these terms. If See Jane Go suspects violations of the foregoing, See Jane Go may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
7. Reservation of Rights. You acknowledge and agree that the SJG Platform is provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the SJG Platform other than the right to use the SJG Platform in accordance with the license in Section 4. See Jane Go reserves and retains its entire right, title and interest in and to the SJG Platform, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
8. Platform Availability and Support. See Jane Go has no obligation to and might not provide support in relation to the SJG Platform or your Account. See Jane Go does not guarantee availability of the SJG Platform or your Account and your access is permitted only if and when they are available. Your use of the SJG Platform and access to your Account may occasionally be restricted for service, upgrades, maintenance or other reasons. To the maximum extent authorized under applicable law, See Jane Go reserves the right to suspend your Account and your use of the SJG Platform.
9. Eligibility. In order for you to create an Account and use the SJG Platform, you must be at least 18 years of age and have the ability and competence to form legally binding contracts under applicable law. The SJG Platform is not available to or intended to be used by children. You represent and warrant that you are at least 18 years old and you have the right, title, authority and capacity to enter into and abide by this Agreement. In order to use the SJG Platform you will need to have a mobile device with a data connection. You are responsible for all fees and charges required for the operation and use of your mobile device, including data transmission fees.
10. Prohibited Activities. In connection with your use of the SJG Platform and any rides that you request through the SJG Platform, you agree that you will not impersonate any person, violate any laws (e.g., transport illegal firearms or carry open alcoholic beverages in a Host’s vehicle), transport hazardous materials, cause any harm to person or property, or act in any manner that is unpleasant or unsafe.
11. Fees and Payment. In order to request a ride from a Host, you will need to provide active, up-to-date credit card information as part of your Account information. In its sole discretion, See Jane Go brokers the rates that you will pay for rides you request through the SJG Platform (the “fares”). The amount of the fare is dependent on many factors including drive time, mileage, tolls, bridges, ferries, and promotion rates. You agree that fares may be charged to the credit card associated with your Account immediately upon completion of each ride. You are not obligated to, but you may also, pay a tip to the Host that gave you the ride. You are solely responsible for any damage you cause to a Host’s vehicle and you agree that, if you damage a Host’s vehicle, a damage fee may be charged to your credit card to cover the costs of vehicle repair and cleaning. Before you request a ride, we may provide you with an estimate of the fares for a ride to a specific location. All estimates are non-binding and you agree to pay the actual fares calculated at standard rates even if they exceed the estimate. All fares are non-refundable.
12. Cancellation Fees. If you cancel a ride after the “Fee Free” cancelation period, you do not show up at the pick up location, or you otherwise prevent the ride from commencing after you request it, you may be charged and agree to pay a cancellation fee. Please review the Cancellation Policy located at https://seejanego.co/additional-prohibited-activities which may change at any time. If you, on multiple occasions, cancel rides or terminate rides before the Host takes you to the requested destination, we may terminate or suspend your Account.
13. Promotional Codes. See Jane Go may make available promotional codes. Promotional codes may expire and are non-transferrable. You agree not to duplicate, transfer, sell or provide any See Jane Go promotional code provided to you to any one else. Promotional codes have no cash value and may not be redeemed for cash or credit.
14. Termination; Suspension. You may terminate your Account by sending an e-mail to email@example.com. See Jane Go reserves the right to terminate or suspend your Account at any time and for any reason. If we terminate or suspend your Account, you may not sign up for another Account. If you or we terminate your Account, this Agreement will automatically terminate. Upon termination, Sections 5-7, 15-20, 22-25 of this Agreement will survive.
15. Relationship of the Parties. You agree that you are not and will not be considered an employee or agent of, or partner or joint venturer with, See Jane Go.
16. Feedback. You may, in your sole discretion, communicate comments, suggestions and feedback related to the SJG Platform (“Feedback”). To the extent you provide us Feedback, we may use and exercise any and all rights in that Feedback without restriction or obligation of any kind (even after this Agreement or your Account is terminated) and that Feedback will not be deemed to create any confidentiality obligation for us.
17. Limitation of Liability. You are solely responsible for all liability arising from your use of the SJG Platform and rides you take with Hosts. In no event will See Jane Go be liable for any claims or losses arising from your use of the SJG Platform or any ride you take with a Host including property damage, personal injury and death and even if they arise from an automobile accident when you are riding in a Host’s vehicle. See Jane Go is not responsible for any damage to your or any Guest’s personal property.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEE JANE GO, ITS AFFILIATES OR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SJG PLATFORM INCLUDING TO OBTAIN RIDES FROM HOSTS, EVEN IF SEE JANE GO OR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow certain damage limitations such as the limitation of loss or liability from intentional acts (including fraud, fraudulent misrepresentation and failure to disclose defects), or for death or personal injury. Nothing in this Agreement will be interpreted as excluding liability that cannot be excluded under applicable law. If you live or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and you may have additional rights.
18. Disclaimer of Warranties. SEE JANE GO DOES NOT MAKE ANY AND DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SJG PLATFORM, INCLUDING ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, SEE JANE GO HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE SJG PLATFORM WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; WILL BE COMPATIBLE WITH YOUR DEVICES; WILL BE ERROR FREE OR FREE FROM VIRUSES, WORMS OR OTHER HARMFUL OR MALICIOUS COMPONENTS; WILL PROVIDE SAFETY, PRIVACY OR SECURITY; OR WILL PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE OR INJURY. In no way limiting the foregoing, See Jane Go specifically disclaims the following:
See Jane Go does not guarantee any outcomes that result from the use of the SJG Platform, including the ability to locate a Host or obtain a ride or the quality or safety of any ride.
See Jane Go does not guarantee the accuracy of the GPS function and locations on the SJG Platform, including travel time, road construction and pick-up points.
While the SJG Platform provides the five-star rating system and favorite button to enable Guests to find highly-rated Hosts, See Jane Go does not guarantee that you will ever be matched with a favorite Host.
You may be rated by Hosts, and See Jane Go does not have control over your rating or guarantee it is accurate.
See Jane Go cannot guarantee the identity, objective or purpose of a Host. Though we may provide features and functionality designed to make pick-ups safer and tips on how to make pick-ups safer, we do not guarantee your safety.
See Jane Go is not responsible for communications made with the use of the SJG Platform or provided by any contractor of See Jane Go, including business advice, driver tips, and opinions.
19. Indemnity. You agree to indemnify, defend and hold harmless See Jane Go and its past, present and future affiliates, and each of their directors, officers, and employees from and against all past, present and future claims arising out of or related to (i) your access or use of the SJG Platform including any rides you arrange using the SJG Platform; (ii) your failure to comply with any law, rule, or regulation; or (iii) your failure to comply with any provision of this Agreement or any other agreement or policy of See Jane Go.
20. Notice. See Jane Go may give you all required notices (including legal process) by any lawful method, including by posting notices in the SJG Platform, sending a text message to any phone number you provide to See Jane Go, or by sending it to any email address that you provide to See Jane Go. You agree to send See Jane Go notices by mailing them to the following address: 23046 Avenida de la Carlota, suite 150, Laguna Hills, CA 92653 or by email to the following email address: firstname.lastname@example.org.
21. Modification. See Jane Go reserves the right to change the terms of this Agreement at any time upon notice to you. You agree to periodically review the terms of this Agreement for changes and you can review the most current Agreement at any time at https://seejanego.co/terms-of-use. See Jane Go will provide notice of material changes in accordance with Section 21. Any modifications to this Agreement are binding on you as of the effective date indicated in our notice. Your continued use of the SJG Platform after the effective date indicates your acceptance of the updated Agreement, even if you have not reviewed it. If, at any time, you do not agree to the terms of this Agreement, including any updates to this Agreement, you must cancel your Account and stop using this SJG Platform.
22. Governing Law. This Agreement is governed by the laws of the State of California, without reference to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
23. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION. You and See Jane Go each agree that all claims, controversies, and disputes between You and See Jane Go, including those arising out of or related to the SJG Platform or this Agreement (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and See Jane Go are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND SEE JANE GO ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless you and See Jane Go otherwise agree, the American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Consumer Arbitration Rules (but excluding AAA’s Supplemental Rules for Class Arbitration) will apply, except to the extent the provisions of the AAA Consumer Arbitration Rules are different from, conflict with, and/or are inconsistent with the terms of this Section 23, in which case the provisions of this Section 23 will control and must be followed as written. You and See Jane Go each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND SEE JANE GO ARE EACH AGREEING TO FORGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any AAA rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and See Jane Go each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration. If any portion of this arbitration provision other than the class action waiver shall be found to be unenforceable, that portion will be severed, and the rest of this arbitration provision will remain in effect. A copy of the AAA Commercial Arbitration Rules is available at www.adr.org/commercial and is incorporated herein by this reference as though set forth in full. You and See Jane Go each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in your state within 100 miles of where you live. You and See Jane Go each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys' fees. You and See Jane Go each are responsible for your or its respective costs relating to the arbitration, except that See Jane Go will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any Dispute where you assert a claim against See Jane Go, unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the contact listed for See Jane Go in Section 21. You may opt out of the agreement to arbitrate in this Section by mailing See Jane Go written notice of your election to opt out at23046 Avenida de la Carlota, suite 150, Laguna Hills, CA 92656, email@example.com or 949-416-8946 within 45 days of registering for your Account, expressly indicating that you are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by See Jane Go. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under this Agreement. You and See Jane Go each also agree that this Agreement affects interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law in Section 22). In accordance with the FAA, the appointed arbitrator must interpret, apply and enforce this Section 23 as written.
24. Severability. If any provision of this Agreement is determined to be illegal, invalid, unconscionable or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. You and See Jane Go intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, you and See Jane Go agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.
25. General. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely.” See Jane Go may assign this Agreement, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, in the SJG Platform, or under this Agreement. If, at any time, See Jane Go fails to respond to a breach of this Agreement by you or others, that failure will not waive See Jane Go’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on See Jane Go if it is in writing and signed by See Jane Go. This Agreement (including Additional Terms and any referenced terms or policies) constitutes the entire agreement between you and See Jane Go with respect to your Account and the SJG Platform. You warrant that, in entering into this Agreement, you have not relied on nor will you have any right or remedy based upon any statement, representation, warranty or assurance other than those expressly stated in this Agreement. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and See Jane Go, or See Jane Go’s successors and permitted assigns, will have any right to enforce this Agreement.