PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.

IMPORTANT! Your use of the Platform (as defined below) is subject to your acceptance of and agreement to the following terms and conditions (the “Terms of Use” or “Agreement”). By accessing, browsing or registering for an account on the Platform, each User accepts, without limitation or qualification, these Terms of Use.

Description of gobyRIDE

gobyRIDE is a ridesharing platform provided and made available by RideShark Corporation (“RideShark Corporation”, “we”, “us” or “our”) through the gobyRIDE.com website (the “Website”) and our mobile application(s) (the “App”) (collectively, “gobyRIDE” or the “Platform”).

The purpose of the Platform is to ease travel by helping to facilitate carpools, promote public transit use where available, and match bike and walk mentors. Users of the Platform (each a “User”, “you” or “your”) may at times be a passenger or a driver for other passengers. A “User” includes anyone accessing, browsing, using or registering for an account on the Platform. gobyRIDE is strictly limited to providing a Platform for drivers and passengers to connect for ridesharing purposes and to share costs of a carpool trip.

Participating organizations include individuals or companies, businesses, organizations, and municipalities (each a “Participating Organization”) that work with us to offer ride-matching services to individuals, including employees, students or others.

Provision of the Platform

We hereby grant you permission to access and use the Platform only as permitted by these Terms of Use or any Additional Terms (defined below).

You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to Users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this Agreement.

Your Account

You must be at least 18 years old to create an account (an “Account”) and use the Platform. You are solely responsible for ensuring that the use of the Platform in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Platform.

You agree to maintain and update your Account information as required to keep it current, complete and accurate. You agree to provide accurate information in your Account for ridematching purposes. When you register with gobyRIDE, you will either establish your login details directly with your UserID being your email, with a self-selected password. Alternatively, you may register through your Facebook account. You may also be able to create an Account and login to your Account through online accounts you may have with third party messaging services such as WhatsApp or social networking sites such as Facebook, Twitter or LinkedIn (each such account, an "SNS Account") by either providing your SNS Account login information through the Platform or allowing RIdeShark Corporation to access your SNS Account. By granting RideShark Corporation access to any of your SNS Accounts, you understand that RIdeShark Corporation may access, make available, store and use in accordance with these Terms of Use any content that you have provided to and stored in your SNS Account, including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Platform to other Users. Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be your information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through gobyRIDE and RIdeShark Corporation may use such personally identifiable information to seek out other publicly available information about a User (including, for example, results in sporting competitions) and store, index and use such information for the purpose customizing the delivery of the Platform to you.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or devices. You must ensure that your password is kept secure and confidential and that it is not revealed to any person. You are entirely responsible for any and all activities that occur under or through the use of your password. You agree that RideShark Corporation can reasonably rely upon any use of your password, including to disclose your account information if so requested. You must notify RideShark Corporation immediately if you become aware of any unauthorized use of your password or if you believe your password is no longer secret and we will cease relying on that password.

You release RideShark Corporation, its officials, officers, employees and agents from any claim and won't make any claim against RideShark Corporation in respect of or arising from any reliance by RideShark Corporation upon any use of your password, including the disclosure of your account information. You agree to indemnify and hold RideShark Corporation, its officers employees, agents and third party providers harmless from any claims, actions, costs (including legal costs), or losses due to or arising out of reliance by RideShark Corporation or any third party upon any acts carried out, requests made or information provided through the use of your password. To preserve the integrity of the data in the ridematching database, RideShark Corporation reserves the right to modify, deactivate and/or delete accounts we deem to contain inaccurate and/or inappropriate information. Accounts that are inactive for a certain period of time will be handled as follows: The registered user will receive an e-mail directing him/her to reactivate his/her account. If no action is taken within a specified period, the account will be deactivated, and subsequently deleted if there continues to be no activity.

gobyRIDE is Strictly a Technology Platform

YOU UNDERSTAND AND AGREE THAT RIDESHARK CORPORATION DOES NOT PROVIDE ANY DRIVING OR CARPOOLING SERVICES. WE STRICLY PROVIDE THE TECHNOLOGY PLATFORM THAT CONNECTS PASSENGERS AND DRIVERS. DRIVERS ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL DRIVING OR CARPOOLING SERVICES PROVIDED TO PASSENGERS. RIDESHARK CORPORATION DOES NOT SUPERVISE OR HAVE ANY CONTROL OVER A DRIVER, THE CONDUCT OR PERFORMANCE OF A DRIVER, THE VEHICLE USED BY THE DRIVER OR THE CONDUCT OF A PASSENGER. NEITHER RIDESHARK NOR ANY OF ITS AFFILIATED COMPANIES OR PARTNERS SHALL BE HELD LIABLE FOR ANY CONDUCT OR ACTION OF A DRIVER OR A PASSENGER AND EACH USER HEREBY RELEASES RIDESHARK CORPORATION AND ITS AFFILIATES AND PARTNERS FROM ANY AND ALL CLAIMS RELATING TO SUCH USER’S USE OF THE PLATFORM.

Voluntary Nature of the Platform and Assumption of Risk

Users of gobyRIDE are advised that the use of the Platform is voluntary and entirely at the discretion of Users and Participating Organizations.

No background checks of drivers or participants, driver record checks or insurance checks or vetting of any kind are undertaken by RideShark Corporation or Participating Organizations. In addition, neither RideShark Corporation nor Participating Organizations make any assurances or certifications regarding the condition, suitability or safety of the vehicles being used by Users in the carpooling system, or whether participants and drivers are insured. RideShark Corporation recommends that Users exercise caution when selecting a potential carpool partner. We provide this Platform solely as a venue for communication between commuters that meet certain criteria and to process payments. We do not evaluate the correctness or truthfulness of the information submitted and cannot be responsible for any false information submitted.

RIDESHARK CORPORATION DOES NOT GUARANTEE OR WARRANT ANY DRIVER’S PERFORMANCE OR THE QUALITY, CONDITION OR SAFETY OF ANY DRIVER’S VEHICLE. BY USING THE PLATFORM, YOU ARE AGREEING THAT YOU ARE ENTIRELY RESPONSIBLE FOR YOUR OWN SAFETY WHILE USING THE PLATFORM.

Insurance

It is the responsibility of Users who are drivers to notify their insurance provider of their intent to carry non-family passengers and to ensure that they have adequate coverage to protect both themselves and their passengers. It is the responsibility of the individual accepting a ride in a carpool to ensure that the driver of the vehicle has an acceptable driving record, is licensed accordingly and has adequate insurance to protect both driver and passengers.

RideShark Corporation and Participating Organizations are in no way responsible for verifying or certifying the insurance status of drivers and participants using the system. All drivers must hold a valid driver’s license and comply with all conditions and requirements of the licensing system that applies within the geographical area where they operate a vehicle.

Waiver of Claims and Indemnification

RideShark Corporation and Participating Organizations take no responsibility for any personal injuries, deaths, property damages, financial losses or other damages or losses that may result from the use of the Platform. By using the Platform, you hereby agree to waive any and all claims that you have or may have in the future against RideShark Corporation and Participating Organizations, and to release RideShark Corporation and Participating Organizations from any and all liability for loss, damage, expense or injury including death that you, your next of kin or a third party may suffer as a result of your use of the Platform or participation in or involvement in gobyRIDE.

You hereby also agree to indemnify and hold harmless RideShark Corporation and Participating Organizations from any and all liability for personal injury, death, property damages and any other loss, and resulting claims or actions, arising from your use of the Platform or participation in or involvement in gobyRIDE.

Privacy

By accessing or using the Platform, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy. Questions or requests with respect to your personal information may be sent via email to info@gobyRIDE.com.

User Conduct

You agree that:

• you will not use your access to the gobyRIDE Platform, or any rideshare organized directly or indirectly through the Platform, for any purpose that is unlawful or prohibited by the Terms of Use;
• you will use your access to the Platform solely to arrange rideshares for your own purpose and will not use the Platform for any other purpose including arranging rideshares on behalf of any other person;
• you will not use the Platform to directly or indirectly:
• defame, abuse, harass, stalk or threaten others;
• collect information about others, including email addresses, without their consent;
• create a false identity;
• transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, trojan horses, worms, time bombs or cancelbots);
• transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
• interfere with or disrupt networks connected to the Platform or violate the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access to the Platform, other accounts, computer systems or networks connected to the Platform, through password mining or any other means; and
• interfere with another member's use and enjoyment of the Platform.
• you will comply with all relevant laws and regulations and are solely responsible for all acts or omissions that occur under your or through the use of your password.

Termination

We may terminate your access to the Platform and/or access to the Contents, features and functionality made available in connection therewith, at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever without any liability.

You have the right to close your account at any time once all obligations associated with the account have been completed. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Platform or your account details. Upon termination, your right to use the Platform will immediately cease.

Communications from RideShark Corporation

You agree that RideShark Corporation may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.

Disclaimer of Warranties and Limitation of Liability

You understand and agree that your use of the gobyRIDE Platform and related services is at your own risk. The Platform is provided by us on an "as is" basis and “as available” basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law. RideShark Corporation does not warrant that your use of the service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected. RideShark Corporation disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the Platform.

You hereby acknowledge and agree that under no circumstances will RideShark Corporation or Participating Organizations, their officers, directors, employees, agents and third party content providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by RideShark Corporation or Participating Organizations or as a result of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the gobyRIDE Platform, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether RideShark Corporation or Participating Organizations have been advised of the possibility of such damages.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RIDESHARK CORPORATION or PARTICIPATING ORGANIZATIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Indemnification

You agree to indemnify and hold harmless RideShark Corporation or the Participating Organizations, their officials, officers, employees and agents from any claims, actions, costs (including legal costs), or losses by any third party due to or arising out of (a) your use of or inability to use the gobyRIDE Platform or Participating Organizations service, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. You further agree to indemnify and hold harmless RideShark Corporation or Participating Organizations, their officers, directors and employees, from any and all liability for personal injury, death, property damages and any other loss, and resulting claims (including legal costs) or actions, arising from your use of the Platform or your participation in or involvement in the gobyRIDE program.

Copyright and Limited Reproduction Notices

The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Contents.

The Platform together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Platform, is the exclusive property of RideShark Corporation, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with us, nothing in these Terms of Use gives you a right to use any of the Contents, our trade-marks or other intellectual property of RideShark Corporation. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Platform to any party.

No information or statement contained in these Terms of Use or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of RideShark Corporation or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Platform.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

Amendment and Additional Terms

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. We will notify you of any changes by updating the "Last Updated" notice next to the link to these Terms of Use on the Platform. By using this Platform after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms. These Terms of Use were last updated on October 2, 2017.

We also reserve the right to supplement these Terms of Use from time to time with additional terms and conditions (“Additional Terms”). By accessing and using the Platform after any Additional Terms are posted, you accept and agree to comply with and be bound by such Additional Terms.

Linking

The contents of the Platform may include links to third party materials ('linked sites'). RideShark Corporation and Participating Organizations are not and will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the Platform, and you agree to remove or cease any link upon our request. RideShark Corporation does not review or endorse, and are not responsible for, any content, advertising, products, services, or other materials on or available from linked websites. RideShark Corporation is not liable for any direct or indirect damages or losses caused by your use of third-party web sites. You assume full responsibility for your use of third-party web sites.

Use of the Platform through Mobile Devices

You may access and use the Platform through a mobile device, including through the App. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform through a mobile device.

Geographic Limitations

You acknowledge and agree that the Platform may not be available in all locations. Please contact us for further information regarding the availability of the Platform.

Advertisers

Any dealings with any advertiser appearing on the Platform are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

Accumulating Points

Reward points are accumulated for User actions and trip logging (where available). “User Actions” include automatic points for posting a trip, posting a ride request, rating your driver or passenger, and completing the trip with in-app payments. We may add or change points for User Actions at any time. If available, you are required to log trips, rideshare trips (carpool), transit trips (bus, light rail, rail, and ferry), bike trips, walk trips, telecommutes in your account via the gobyRIDE trip calendar. All recorded trips, telecommutes, and compressed work weeks are subject to verification and acceptance. Once a trip has been logged, your account will be credited with the appropriate number of points (or other award determined) for that trip. We shall determine, in our sole discretion, the number of points or other awards granted for each trip. If we determine that you falsely entered any trip, telecommute, or compressed work week, we reserve the right, in our sole discretion, to cancel your recorded trips, telecommutes, or compressed work weeks, deduct points from your account or cancel your account, without any refund or recourse. Reward points have no monetary value.

Redeeming Points

You may redeem your points for rewards and offers provided by RideShark Corporation and its partners through the Platform. We may limit the total number of points that each User may redeem. Some offers may be available only once to each User. Offers may have restrictions or other requirements as specified by Rideshark Corporation. Offers vary from time to time and availability is limited. RideShark Corporation partners may choose to offer rewards to select groups of Users. As such, different Users may be presented with different offers. Points do not have a cash value and are only redeemable for offers made on our Platform. While our partners can provide a wide variety of offers, we prohibit offers and any type of promotional messaging for firearms, tobacco, pornography, and job recruitment. You agree to comply with any restrictions or other requirements we may impose from time to time regarding your accumulation or redemption of points.

Terms of Payment and Fees

Payment Processing: Drivers and passengers enter into a business relationship directly with each other. We will facilitate payments on behalf of passengers and drivers. Payment in this manner is considered to be the same as passengers directly making the payment to drivers. In order to make payments on the Platform, you must provide us with a valid form of payment, such as a valid credit card.

Currency: Payments and fees are in the currency of the country where the trip occurred. We are not responsible for exchange rate fluctuations or for any processing fees charged by your payment provider or financial institution.

Administrative Fee: RideShark Corporation receives an administrative fee of up to 15% (the “Administrative Fee”) of each payment that a passenger makes to a driver, subject to a minimum fee of $0.30. RideShark reserves the right to modify its administrative fee at any time.

Promotional Offers: RideShark Corporation, at its sole discretion, may make available promotional offers with different features to any of our customers. RideShark Corporation may change its Administrative Fee as it deems necessary, in its sole discretion.

Cancellation with Insufficient Notice and No-Show Fees: Users may be charged a fee up to $10 for cancellation with insufficient notice or no-show. Sufficient cancellation notice is considered twenty-four (24) hours’ notice or more.

Damage Fee: In the event that a driver reports to RideShark Corporation that a passenger has in any manner materially damaged the driver’s vehicle, the passenger agrees to pay to driver a “Damage Charge” for the damage caused depending on the extent of the damage (as determined by RideShark Corporation in its sole discretion), which shall constitute full payment for driver’s cost of repairing or cleaning the vehicle, or otherwise remediating the damage. The Damage Charge shall be transferred by RideShark Corporation from the passenger to the driver.

Facilitation of Payments: All online payments on the Platform, as applicable, shall be facilitated through Stripe Inc., RideShark Corporation’s third-party payment processing service.

Entire Agreement

These Terms of Use, together with any Additional Terms, including the Privacy Policy, constitute the entire agreement between you and RideShark Corporation relating to your use and our provision of the Platform.

Law

These Terms of Use are governed by and will be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada.

Severability

If any portion of these Terms of Use are deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

No Waiver

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and those rights or remedies will still be available to us.

Contact

If you have any questions or concerns in relation to the Platform or these Terms of Use, wish to report unauthorized use of your password or wish to terminate your registration, please contact us at info@gobyRIDE.com.

Last updated: October 2, 2017