Terms of Service
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and.MyArea, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “MyArea,” “we,” “us” or “our”) governing your use of the MyArea application, website, and technology platform (collectively, the “MyArea Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND MyArea CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST MyArea TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
By entering into this Agreement, and/or by using or accessing the MyArea Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) 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 MyArea PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE MyArea PLATFORM. If you use the MyArea Platform in another country, you agree to be subject to MyArea’s terms of service for that country.
The MyArea’s Platform
The MyArea Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as "Rideshare Services." As a User, you authorize MyArea to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
In certain markets, Riders may have the option to rent bikes or scooters through the MyArea Platform to ride to their destination. In some markets these bikes and scooters are owned by MyArea. In other markets MyArea operates a motorcycle-share or scooter-share program on behalf of third parties. In either case, your rental and use of motorcycles through the MyArea Platform is subject to additional agreements between you and MyArea and third parties as applicable to the particular market ("Supplemental Agreements"). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE THE MOTORCYCLES IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this agreement shall control.
Modification to the Agreement
MyArea reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. MyArea reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the MyArea Platform or Rideshare Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The MyArea Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The MyArea Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the MyArea Platform, each User shall create a User account. Each person may only create one User account, and MyArea reserves the right to deactivate any additional or duplicate accounts.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a MyArea account for such minor to use the MyArea Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the MyArea Platform is limited solely to accessing and using motorcycle-share services where expressly permitted under the Supplemental Agreement applicable to such services, (b) you ensure that the minor’s use of the MyArea Platform and applicable bike-share or scooter-share services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the MyArea App, (c) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, and (d) you expressly guarantee the minor’s acceptance of the terms of this Agreement. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
By creating a MyArea account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of the MyArea Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
As a rider, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges related to bikes and scooters are addressed in the applicable Supplemental Agreement. Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s MyArea page (www.myarealib.com), plus any tips to the Driver that you elect to pay. MyArea has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s MyArea page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s MyArea page. You are responsible for reviewing the applicable MyArea page or price quote within the MyArea app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Quoted Fares. In some cases MyArea may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the MyArea Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. MyArea does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.
By entering into this Agreement or using the MyArea Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from MyArea, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the MyArea Platform or Rideshare Services, through the MyArea Platform, updates concerning new and existing features on the MyArea Platform, communications concerning promotions run by us or our third-party partners, and news concerning MyArea and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO THE SHORT CODE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE MyArea PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM MyArea (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO (the short code) FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE MYAREA PLATFORM OR RELATED SERVICES.
MyArea may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. MyArea does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.
Fees and Other Charges.
Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable MyArea page.
Prime Time. At times of high demand for Rideshare Services ("Prime Time”) you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime Time multiplier into the quoted price of the ride.
Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn more about MyArea’s cancellation policy, including applicable fees.
Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $50 depending on the extent of the damage (as determined by MyArea in its sole discretion), towards vehicle repair or cleaning. MyArea reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Tolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help Center and your market’s MyArea page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by MyArea will match the toll charged to the Driver, if any.
Other Charges. Other fees and surcharges may apply to your ride, including: actual or anticipated airport fees, or event fees as determined by MyArea or its marketing partners. In addition, where required by law MyArea will collect applicable taxes.
Tips. Following a ride, you may elect to tip your Driver in cash or through the MyArea application. You may also elect to set a default tip amount or percentage through the app; Any tips will be provided entirely to the applicable Driver.
If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and MyArea.
Facilitation of Charges. All Charges are facilitated through a third-party payment processor (Stripe). MyArea may replace its third-party payment processor without notice to you. Charges shall only be made through the MyArea Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to MyArea satisfies your payment obligation for your use of the MyArea Platform and Rideshare Services. MyArea may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don't recognize a transaction, then check your ride receipts and payment history.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the MyArea Platform, any disruption to the MyArea Platform or Rideshare Services, or any other reason whatsoever.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the MyArea Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, MyArea may deduct the amount attributable to the Service Fee or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the App.
Promotions, Referrals, and Loyalty Programs
MyArea , at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with MyArea . MyArea reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that MyArea determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. MyArea reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Currently, MyArea’a referral program ("Referral Program") provides you with incentives to refer your friends and family to become new Users of the MyArea Platform in your country ( “Referral Program"). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the MyAreaPlatform and your participation in the Rideshare Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the MyArea Platform or the servers or networks connected to the MyArea Platform;
post Information or interact on the MyArea Platform or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the MyArea Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the MyArea Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the MyArea Platform;
“frame” or “mirror” any part of the MyArea Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the MyArea Platform;
rent, lease, lend, sell, redistribute, license or sublicense the MyArea Platform or access to any portion of the MyArea Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the MyArea Platform or its contents;
link directly or indirectly to any other websites;
transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
violate any of the Referral Program rules if you participate in the Referral Program; or
cause any third party to engage in the restricted activities above.
Driver Representations, Warranties and Agreements
By providing Rideshare Services as a Driver on the MyArea Platform, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, Rideshare provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the MyArea community or third parties.
You will only provide Rideshare Services using the vehicle that has been reported to, and approved by MyArea , and for which a photograph has been provided to MyArea,and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (5) passengers in any instance).
You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud MyArea or Riders on the MyArea Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
You will not discriminate against Riders with disabilities and agree to review MyArea’s Anti-Discrimination Policies. You will make responsible accommodation as required by law and our Service Animal Policy and Wheelchair Policy for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car's trunk or backseat.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services.
You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.
All intellectual property rights in the MyArea Platform shall be owned by MyArea absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the MyArea Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of MyArea. MyArea shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MyArea and other MyArea logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of MyArea in Liberia and/or other countries (collectively, the “MyArea Marks”). If you provide Rideshare Services as a Driver, MyArea grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the MyArea Marks solely on the MyArea stickers/decals, and any other MyArea-branded items provided by MyArea directly to you in connection with providing the Rideshare Services ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without MyArea’s prior written permission, which it may withhold in its sole discretion. The MyArea logo (or any MyArea Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a MyAreaMark in a domain name or MyArea referral code, or use of a MyArea Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the MyAreaPlatform, but may not misidentify yourself as MyArea, an employee of MyArea, or a representative of MyArea.
You acknowledge that MyArea is the owner and licensor of the MyArea Marks, including all goodwill associated therewith, and that your use of the MyArea logo (or any MyArea Marks) will confer no interest in or ownership of the MyArea Marks in you but rather inures to the benefit of MyArea . You agree to use the MyArea logo strictly in accordance with MyArea Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that MyArea determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the MyArea Marks or any derivatives of the MyArea Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by MyArea in writing; (2) use the MyArea Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the MyArea Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair MyArea’s rights as owner of the MyArea Marks or the legality and/or enforceability of theMyArea, including, challenging or opposing MyArea’s ownership in the MyArea Marks; (4) apply for trademark registration or renewal of trademark registration of any of the MyArea Marks, any derivative of the MyArea Marks, any combination of the MyArea Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the MyAreaMarks; (5) use the MyAreaMarks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the MyArea driver amps, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic MyArea driver amps or other MyArea Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from MyArea.
Violation of any provision of this License may result in immediate termination of the License, in MyArea’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the MyArea Marks (in violation of this Agreement or otherwise), you agree that upon their creation MyArea exclusively owns all right, title and interest in and to such materials, including any modifications to the MyArea Marks or derivative works based on the MyArea Marks or MyArea copyrights. You further agree to assign any interest or right you may have in such materials to MyArea, and to provide information and execute any documents as reasonably requested by MyArea to enable MyArea to formalize such assignment.
MyArea respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the MyArea Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
The following disclaimers are made on behalf of MyArea, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
MyArea does not provide transportation services, and MyArea is not a transportation carrier. MyArea is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the MyArea Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the MyArea Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.
The MyArea Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the MyArea Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the MyArea Platform or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the MyArea Platform will be corrected, or that the MyArea Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the MyArea Platform or Rideshare Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the MyArea Platform and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the MyArea Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
MyArea is not responsible for the conduct, whether online or offline, of any User of the MyArea Platform or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the MyArea Platform and participating in the Rideshare Services, you agree to accept such risks and agree that MyArea is not responsible for the acts or omissions of Users on the MyArea Platform or participating in the Rideshare Services.
You are responsible for the use of your User account and MyArea expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the MyArea Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the MyArea Platform or through the Rideshare Services. Please carefully select the type of information that you post on the MyArea Platform or through the Rideshare Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning MyArea or made available through the MyArea Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the MyArea Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the MyArea Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the MyArea Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither MyArea nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the MyArea Platform. Any of your Information, including geolocational data, you upload, provide, or post on the MyArea Platform may be accessible to MyArea and certain Users of the MyArea Platform.
MyArea advises you to use the MyArea Platform with a data plan with unlimited or very high data usage limits, and MyArea shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the MyArea Platform.
This paragraph applies to any version of the MyArea Platform that you acquire from the Apple App Store. This Agreement is entered into between you and MyArea. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the MyArea Platform. MyArea, not Apple, is solely responsible for the MyArea Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.MyArea.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold MyArea including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the MyArea Platform and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the MyArea Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL MyArea, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “MYAREA” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE MyArea PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE MYAREA PLATFORM, THE RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MyArea PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MYAREA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to MyArea; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, MyArea may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below MyArea’s star rating or cancellation threshold; (3) MyArea has the good faith belief that such action is necessary to protect the safety of the MyArea community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to MyArea’s reasonable satisfaction prior to MyArea permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to MyArea’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and MyArea
YOU AND MyArea MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with MyArea ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and MyArea, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and MyArea service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND MYAREA. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the MyArea Platform, the Rideshare Services, rental or use of bikes or scooters through the MyArea Platform, MyArea promotions, gift card, referrals or loyalty programs, any other goods or services made available through the MyArea Platform, your relationship with MyArea, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on MyArea’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by MyArea, any city, county, state or National wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, (except for individual claims for employee benefits under any benefit plan sponsored by MyArea, and National statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND MyArea ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.