Last Updated: October 7, 2017
These Terms of Service (“Terms”) apply to your access to and use of the websites (the “Sites”) and mobile application (the “Zum App”) (together the “Zum Technology”) provided by Zum Services, Inc. (“Zum” or “we”) and the other online products and services provided by Zum in connection therewith (collectively with the Zum Technology the “Service”).
Important: please review the arbitration agreement set forth in Section 17 below carefully, as it will require you to resolve disputes with Zum on an individual basis through final and binding arbitration.
BY ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
If you have any questions about these Terms or our Service, please contact us at email@example.com.
1. Description of Service; Nature of Zumer Relationship
YOU ACKNOWLEDGE THAT THE SERVICE IS MERELY A TECHNOLOGY PLATFORM; THAT ZUM DOES NOT PROVIDE YOU WITH ANY TRANSPORTATION OR CARE GIVING SERVICES, AND THAT YOUR ABILITY TO OBTAIN TRANSPORTATION OR CHILD CARE SERVICES THROUGH THE SERVICE DOES NOT ESTABLISH ZUM AS A TRANSPORTATION CARRIER OR AS A PROVIDER OF TRANSPORTATION OR CHILDCARE SERVICES.
Zumers are not employees of Zum but rather provide the transportation or care giving services (the “Zumer Services”) directly to you. Although Zum conducts certain screening of Zumers as described at https://ridezum.com/child-transportation.html (the “Zumer Screening”), any agreement regarding the Zumer Services is strictly between you and the Zumer, and Zum is not responsible or liable for the Zumer Services or for the conduct, acts or omissions of any Zumer. Unless otherwise agreed by Zum in a separate written agreement with you, the Service is made available solely for your personal, noncommercial use, and you are authorized to access and use the Service (including the Zum Technology) solely for your personal use in connection with obtaining Zumer Services.
Zum and the Zumers deserve the right to refuse services to any passenger or passenger's legal guardian, at their discretion for cause.
Zum also facilitates payment between you and the Zumer who provides the Zumer Services in accordance with Section 4.2 below.
2. Eligibility; Authorization
You must be at least 18 years of age to create an account with Zum. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Service under the account and supervision of a parent or legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian of a child under the age of 18 (or the age of legal majority) who will be using the Service or the Zumer Services, you agree to be fully responsible for the acts or omissions of such Passenger in connection therewith and for the acts of anyone you authorize to arrange for Zumer Services through our Service or of any Passenger for whom you book any Zumer Services. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be bound by these Terms and responsible to us if you or the other person or entity violates these Terms. You represent and warrant to Zum that you will only book Zumer Services for Passengers for whom you have been specifically authorized to do so by the parent or legal guardian of the Passenger and who have agreed to the these Terms.
User Accounts and Account Security
Users need to register for an account to access our Service. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account
4. Payment Terms
You agree to pay, and you hereby authorize Zum’s third-party payment processor to charge, via one or more credit cards or PayPal or other third-party payment processing accounts on file in your account (each a “Payment Method”) for all applicable fees and taxes that may accrue in relation to your subscription to use the Service. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours. If you have more than one Payment Method on file, you will designate one Payment Method as your primary Payment Method. You are responsible for providing complete and accurate Payment Method and contact information to us. If your primary Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that Zum may use any other Payment Method in your account, if available. If you do not have a valid Payment Method listed in your account, you agree to promptly provide Zum with a valid Payment Method immediately upon request. Any amounts that Zum is unable to charge to a valid Payment Method will be late payments and will bear interest at the maximum allowable rate until paid. We may suspend or terminate your access to the Service if a payment is 30 days past due.
All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Service, are stated in U.S. dollars and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on Zum’s income or the income of the Zumer. Zum has no obligation to provide refunds or credits relating to any Zumer Services, but may do so in Zum’s sole discretion.
4.2. Zumer Services Fees Generally
You will be charged a fee by your Zumer for any and all rides and other services completed by your Zumer (“Zumer Services Fees”). Zumer Services Fees vary based on the particular Zumer Services in question and may include tolls, surcharges and other fees (such as babysitting fees, fees for changes to rides after the cutoff time, booking rides after the cutoff time through Zum concierge assistance, and split payment fees where applicable), as described in the confirmation email you will receive upon booking a ride. When scheduling Zumer Services through the Zum App, you will be quoted an estimate of the applicable Zumer Services Fees before you confirm your reservation. Your actual Zumer Services Fees charged by your Zumer for any given Zumer Services may vary from these estimates based on (a) the amount of time it takes to perform your Zumer Services (e.g., including the Zumer’s waiting time if you, other passengers or your account passengers, as applicable, delay your pick-up or departure time, or due to traffic delays), (b) the distance travelled during your Zumer Services (e.g., if a detour is required to avoid adverse road conditions), and (c) the amount of any tolls, surcharges, and other fees which you are responsible for paying. Your Zumer Services Fees may also vary if you change your pick-up time after confirming your Zumer Services reservation, or if your Zumer is late for your scheduled pick-up time. Service Fees may also include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or other fees for split payments.
You understand that use of the Service to arrange for Zumer Services may result in charges to you for the Zumer Services you receive from a Zumer. After you have received Zumer Services obtained through your use of the Service, Zum will facilitate your payment of the applicable fees on behalf of the Zumer. Payment of the fees in such manner will be considered the same as payment made directly by you to the Zumer. Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable.
All Zumer Services Fees are due immediately and payment will be facilitated by Zum using the Payment Method designated in your account, after which Zum will send you a receipt by email.
As between you and Zum, Zum reserves the right to establish, remove and revise fees for the Service or for any or all services obtained through the use of the Service, including on behalf of Zumers with respect to the Zumer Services Fees, at any time in Zum’s sole discretion. Further, you acknowledge and agree that fees applicable in certain geographical areas may increase substantially during times of high demand. You will be able to view any applicable high-demand fees prior to booking a ride. Zum may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of the Service or the fees applied to you. You may elect to cancel your request for Zumer Services from a Zumer at any time prior to such Zumer’s arrival, in which case you may be charged a cancellation fee as described in the confirmation email you will receive upon booking a ride.
The Zumer Services Fees are intended to fully compensate the Zumer for the Zumer Services provided. Zum does not designate any portion of your payment as a tip or gratuity to the Zumer. Any representation by Zum (on Zum’s website, in the Zum App, or in Zum’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Zum provides any additional amounts, beyond those described above, to the Zumer. You understand and agree that, while you are free to provide additional payment as a gratuity to any Zumer who provides you with Zumer Services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received the Zumer Services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Zumer.
4.3. Service Credits
Zum may allow the purchase of service credits that can be applied towards future Zumer Services (“Service Credits”), and may offer the purchase of Service Credits at a discount. In addition, Service Credits may be made available to you to use to book Zumer Services through an employer or other third party, which Service Credits may be accessed through a code provided by such third party (a “Credit Code”). A portion of such credits, corresponding to the applicable Zumer Services Fees, will be deducted from your account upon booking Zumer Services. Additional terms for using such Service Credits may be made available at the time of purchase or when such Credit Code is provided to you, and such terms will become a part of these Terms.
You may elect for a Passenger under your account to share a ride with Passengers of other Users who have an account with Zum (a “Carpool”). Each Passenger’s parent or legal guardian must have an active account with Zum and must authorize the party arranging the Carpool to book a ride on their behalf. Carpools may also be booked by an enterprise, such as a school, that each parent or legal guardian of a Passenger in the Carpool has authorized to book rides on their behalf. Zum will decide the best route and pickup/drop off sequence for the Carpool. Zum will show the minimum to maximum approximate pricing range based on the number of Passengers invited to join the Carpool. The final price per Passenger will be based on the actual Passengers participating in the ride.
5. REPAIR OR CLEANING FEES
You will be responsible for the cost of repair for damage to, or necessary cleaning of, Zumer’s vehicles and other property resulting from use of the Zumer Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Zumer reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Zum in Zum’s reasonable discretion, Zum reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Zumer using your payment method designated in your Account. Such amounts will be transferred by Zum to the applicable Zumer and are non-refundable. You acknowledge and agree that Zum may, and you hereby authorize Zum to, charge your Payment Method up to $250 on a per-service (e.g. per-Ride) basis for any damages incurred by your Zumer that were caused by you, other passengers or account passengers during Zumer Services, as determined in Zum’s sole discretion.
6. Mobile and Electronic Communications.
The Service involves receiving alerts, acknowledgements, updates, offers, messages, and other information via your mobile device and/or email. Therefore, when you use the Service, you expressly agree that Zum and Zumers may contact you via text message, phone or email using the information you provide in your user account or otherwise provide to us. Your carrier’s standard messaging, data and other rates and fees apply. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may opt out of receiving texts by texting STOP to cancel and you may text HELP for customer support information. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.
7. User Content
As part of our Service you may have the opportunity to post or upload photos, reviews and other content from time to time (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Zum. You grant Zum a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to reproduce, distribute, adapt, publish, translate, create derivative works from, publicly perform, publicly display and otherwise use your User Content, and any name, username or likeness provided in connection with your User Content, in any media or media in connection with the Service without compensation to you. If you post or otherwise share reviews on or through third-party social media sites or other content that is intended to be shared, you understand that such User Content and any associated information (such as your username or profile photo for such third-party social media sites) may be visible to the public. You are solely responsible for all User Content you post.
You may not upload, post, store, share or otherwise use any User Content that violates these Terms, that infringes or violates the rights of any third party, or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
8. Prohibited Conduct and Content
You agree not to violate or infringe upon any applicable law, contract, intellectual property or other third-party right or commit a tort in connection with your use of the Service or the Zumer Services, and you are solely responsible for your conduct while accessing or using our Service or the Zumer Services. Without limiting the foregoing, you will not:
- Engage in any harassing, threatening, intimidating, predatory, violent or stalking conduct;
- Use or attempt to use another User’s account without authorization from that user and Zum or arrange or attempt to arrange rides for any Passenger for whom you are not authorized to do so;
- Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
- Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
- Develop or use any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service; or
- Use any data mining, robots or similar data gathering or extraction methods; or
- Use our Service or the Zumer Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, false, misleading, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent including, without limitation, addresses, phone numbers, and email addresses;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose Zum or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
9. Limited License; Copyright and Trademark
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Zum Content”) are owned by or licensed to Zum and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Zum and our licensors reserve all rights in and to our Service and the Zum Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Service and Zum Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Service or Zum Content; (b) copy, reproduce, distribute, publicly perform or publicly display Zum Content, except as expressly permitted by us or our licensors; (c) modify the Zum Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Service or Zum Content; and (d) use our Service or Zum Content other than for their intended purposes. Any use of our Service or Zum Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Zum or our products or Service (collectively, “Feedback”), is non-confidential and will become the sole property of Zum. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Zum has adopted a policy of terminating, in appropriate circumstances and at Zum's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Zum may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on our Service infringes any copyright that you own or control, you may notify Zum’s Designated Agent as follows:
|Designated Agent:||Director Legal & Policy Affairs|
|Address:||555 Twin Dolphin Dr #350
Redwood City, CA 94065
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Zum for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Zum and each of our respective officers, directors, agents, partners and employees (individually and collectively, the (“Zum Parties”) from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) your access to or use of our Service or the Zumer Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) your conduct in connection with our Service or the Zumer Services, including any bodily injury or property damage you cause. You agree to promptly notify Zum Parties of any third party Claims, cooperate with Zum Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Zum Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Zum or the other Zum Parties.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Service or for the Zumer Services or for the conduct of any Zumer.
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, ZUM DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE ZUM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.
FOR THE AVOIDANCE OF DOUBT, ZUM DOES NOT PROVIDE TRANSPORTATION SERVICES, AND ZUM IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE ZUMER TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A MEMBER THROUGH THE USE OF THE SERVICE. ANY DECISION BY A MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER TO ACCEPT TRANSPORTATION FROM A ZUMER IS A DECISION MADE IN SUCH MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER’S SOLE DISCRETION. ZUM OFFERS INFORMATION AND TECHNOLOGY TO CONNECT ZUMER AND MEMBERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR CHILDCARE SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER OR CHILDCARE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES, CHILDCARE SERVICES, OR OTHER SERVICES PROVIDED TO ANY MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER BY ANY ZUMER USING THE SERVICE.
ALTHOUGH ZUM CONDUCTS CERTAIN ZUMER SCREENINGS AS DESCRIBED AT https://ridezum.com/child-transportation.html, AND ALTHOUGH ONLY ZUMERS WHO SUCCESSFULLY COMPLETE THE ZUMER SCREENING PROCESS, AS DETERMINED IN ZUM’S DISCRETION, ARE PERMITTED TO USE THE SERVICE TO PROVIDE ZUMER SERVICES, NO SCREENING PROCESS IS PERFECT. AS A RESULT, ZUM CANNOT AND DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE ACCURACY OR EFFICACY OF THE ZUMER SCREENING PROCESS OR THE SUITABILITY, SAFETY, ABILITY, RELIABILITY, OR ACCURACY OF ANY ZUMER, THE ZUMER SERVICES PROVIDED BY ANY ZUMER, OR THE CONDITION OF THE VEHICLES IN WHICH ANY ZUMER SERVICES ARE PERFORMED.
IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A ZUMER WILL MEET YOUR NEEDS AND EXPECTATIONS. ZUM WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A ZUMER. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING A ZUMER THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF ZUMER ARRANGED OR SCHEDULED USING THE SERVICE IS AT YOUR OWN RISK AND JUDGMENT. ZUM WILL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH ZUMER OR IN CONNECTION WITH ANY FAILURE OR ERROR WITH RESPECT TO ANY ZUMER SCREENINGS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ZUM AND THE OTHER ZUM PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF ZUM OR THE OTHER ZUM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF ZUM AND THE OTHER ZUM PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICE OR THE ZUMER SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICE.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Zum or the other Zum Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Zum and the other Zum Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties including Zumers. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16. Transfer and Processing Data
By accessing or using our Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
17. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Zum and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Zum seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Zum seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Zum waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential binding arbitration held in San Mateo County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Zum agree that any dispute arising out of or related to these Terms or our Service is personal to you and Zum and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Zum agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Zum agree that the state or federal courts of the State of California and the United States sitting in San Mateo County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND ZUM WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by emailing Zum at firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
Zum will provide limited liability insurance covering you and passengers during rides that are part of the Zumer Services. However, Zumers are otherwise responsible for insurance for the vehicles they use to provide the Zumer Services.
19. Governing Law and Venue
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Mateo County, California.
20. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
21. Electronic Communications
By creating a Zum account, you also consent to receive electronic communications from Zum (e.g., via email or by posting notices on our Service). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
22. Termination; Modification of Discontinuance of Service
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Service. We also reserve the right to modify, suspend or discontinue the Service or any features or functionality thereof at any time without notice and without obligation or liability to you. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
24. Additional Terms Applicable to iOS Devices
The following terms apply if you install, access or use the Service on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).
- Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and Zum, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
- Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Maintenance and Support. You and Zum acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Zum. However, you understand and agree that in accordance with these Terms, Zum has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
- Product Claims. You and Zum acknowledge that as between Apple and Zum, Zum, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Zum, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
- Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to:
Zum Services, Inc.
555 Twin Dolphin Dr #350
Redwood City, CA 94065
- Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Service.
- Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).