Terms & Conditions
Last updated July 24, 2017
PLEASE REVIEW THE ARBITRATION AGREEMENT CAREFULLY AND CONSULT WITH OTHERS AS NECESSARY BEFORE ACCEPTING OR USING SERVICES TO UNDERSTAND YOUR RIGHTS.
Sprynt, LLC (“Sprynt”, “we”, “us” or “our”) permits you to arrange efficient, eco-friendly transportation services in specific geographic areas in Northern Virginia during specified hours at no cost to users by using the Application or Website (all collectively referred to herein as the “Services”). Tipping, or providing any sort of remuneration or compensation to drivers is expressly prohibited under any condition.
Our Services continue to grow and change. Please refer to our Website or the Application for further information about the Services we provide.
Unless otherwise agreed by us in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH US AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER, A TRANSPORTATION NETWORK COMPANY OR A TAXICAB.
YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS WHEN ACCESSING THE WEBSITE OR USING THE SERVICES, AND YOU MAY ONLY ACCESS OR USE THE SERVICES FOR LAWFUL PURPOSES. TRANSPORTATION OF ANY UNLAWFUL OR HAZARDOUS MATERIALS IS STRICTLY PROHIBITED.
You may be required to provide proof of identity to use or access the Services.
WE EXPRESSLY RESERVE THE RIGHT TO REFUSE TO OFFER YOU SERVICES IN OUR SOLE BUT REASONABLE DISCRETION.
All riders or users of the services must be 18 years or older.
You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to us or any other party, including other riders.
The Services are intended for use by adults over 18 years of age, and by using the Services, you represent and warrant that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. In order to use the Services, you must download the Application and create a login to register for and maintain an active account (“Account”). Account registration requires you to submit certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, whether or not you actually authorized that activity. You agree to maintain the security and secrecy of your Account username and password at all times, and you understand that you may only possess one Account. You shall never use another user’s Account without such user’s express permission. You will immediately notify us in writing of any unauthorized use of your Account, or other Account-related security breach known to you. In the event of any such unauthorized use of your Account, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. We reserve the right to refuse registration of, or cancel an Account in our sole discretion. Users who identify themselves as under eighteen (18) years old will be blocked from creating an Account.
4. Third Parties.
As a result of your use of the Services, you may receive, have access to, or receive referrals to products and services or giveaways of merchandise, goods, or other items provided by unaffiliated entities (each a “Third Party”), which are provided for convenience and informational purposes only. Because we have no access to or control over Third Parties, you acknowledge and agree that we are not responsible for and do not verify any Third Parties, and we do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials provided by such Third Parties (collectively “Third Party Services”). You also acknowledge and agree that Sprynt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Services.
Third Parties are fully responsible for all goods and services that they provide to you, and for any and all injuries, illnesses, damages, claims, liabilities, and costs (“Third Party Liabilities”) they may cause you to suffer, directly or indirectly, in full or in part, whether related to Third Party Services, or not. You waive and release Sprynt and its members, directors, officers, employees, contractors, affiliates, partners, successors, assigns and other legal representatives (collectively referred to herein as the “Sprynt Representatives”) from any Third Party Liabilities arising from or related to any act or omission of a Third Party. Sprynt is not responsible for any performance, availability or quality claims associated with Third Party Services. We are also not responsible for any products, services, or materials provided by a Third Party. Contact any Third Parties directly for additional information regarding Third Party Services or content provided by such Third Parties.
5. User Responsibilities.
You agree to provide only accurate, complete, and up-to-date information to Sprynt. You are responsible for all content you submit through your Account or to our Website, whether or not you actually authorized that activity. You will immediately notify Sprynt in writing of any unauthorized submission or of any related security breach known to you. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. We reserve the right to refuse, or cancel access to our Website or Services in our sole discretion.
6. Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from your use of Services in excess of normal “wear and tear” damages or necessary cleaning.
7. Intellectual Property.
The material provided on the Website is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. All intellectual property in on the Website is owned by Sprynt, and nothing herein or included in the Website’s materials shall be construed as a grant from Sprynt of a license to any copyrights, trademarks, patents or any other intellectual property rights.
8. Content and Feedback.
If you provide feedback to Sprynt, or publish or post other information or content on the Website or otherwise in connection with your use of the Services (“User Content”), you shall grant Sprynt the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of the User Content as part of any Sprynt product, technology, service, specification or other documentation (individually and collectively, “Sprynt Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the User Content (and derivative works thereof) as part of any Sprynt Products; (iii) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the User Content or portion thereof incorporated into a Sprynt Product, technology or service. Further, you warrant that your User Content is not subject to any license terms that would purport to require Sprynt to comply with any additional obligations with respect to any Sprynt Products that incorporate any User Content.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
9. Code of Conduct.
To maintain the integrity and functionality of the Services, activities that are harmful to, inconsistent with or disruptive of the Services, or that otherwise interrupt or interfere with users’ beneficial use and enjoyment of the Services are expressly unauthorized and prohibited. For example, without limitation, such prohibited activities include:
a. Impersonating any person or entity;
b. Stalking, threatening, or otherwise harassing any person or user, or carrying any weapons when receiving transportation;
c. Interfering with or disrupting the Services or the Website;
e. Using the Services in violation of any federal, state, local, or international laws or regulations or would otherwise give rise to civil liability;
f. Using the Website or the Services for storing, transmitting, or posting infringing, libelous, offensive, defamatory, abusive, pornographic, hateful, obscene or otherwise objectionable, unlawful or tortious material, or using the Website or Services to harass, defame, or embarrass other users or individuals;
g. Interfering with other users’ use or enjoyment of the Website, or interfering or disrupting the Services or the Website;
h. Using the Services for commercial purposes other than those consented to in writing by Sprynt;
i. Collecting Website users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) for any purpose, or otherwise bullying, intimidating, or harassing any other user of the Website;
j. Copying, aggregating, displaying, distributing, or other performance or derivative use of the Website or any content posted on the Website, whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds);
k. Accessing or using the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Website. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer or any electronic, wireless or mobile device, technology or product that exists now or in the future;
l. Attempting to decompile, disassemble or reverse engineer all or any part of the Application or Website in order to identify, acquire, copy or emulate any source code or object code;
m. Introducing or attempting to introduce any malicious software, viruses, worms, Trojan horses, malware, spiders and/or harmful code to the Website;
n. Infringing on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; and
o. Attempting to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities.
We may terminate this Agreement and your rights to access and use your Account, the Website and Services for any or no reason, without liability, at our sole discretion at any time, including but not limited to if we suspect that you have violated this Agreement. We may notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Website (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security or integrity of Sprynt 's network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement by you.
12. Privacy and Protection of Personal Information.
YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH USE OF THE SERVICES AND HEREBY INDEMNIFY Sprynt AND THE Sprynt REPRESENTATIVES AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INJURY OR DEATH.
THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL warranties, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. Sprynt DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY SERVICES, INCLUDING the ability to provide or receive services at any given location or time, OR ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS ON THE WEBSITE.
Sprynt AND THE Sprynt REPRESENTATIVES ASSUME NO LIABILITY OR RESPONSIBILITY FOR: ANY ERRORS OR OMISSIONS IN THE SERVICES OR CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE corrected, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR interruptions IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICES OR CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OR MERCHANTS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WEBSITE CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
Sprynt AND THE Sprynt REPRESENTATIVES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. INFORMATION ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
SPRYNT IS NOT RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SPRYNT DOES NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION, OR OTHER USE OR ACCESS OF THE SERVICES BY PERSONS UNDER THE AGE OF EIGHTEEN IN VIOLATION OF THIS AGREEMENT.
Location data provided by the Website or Application 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 Sprynt, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Website. Any of your Information, including geolocational data, you upload, provide, or post on the Sprynt may be accessible to Sprynt and certain Users of the Website.
Sprynt advises you to use the Website with a data plan with unlimited or very high data usage limits, and Sprynt shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the APPLICATION OR Website.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
15. No Liability.
YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, ACKNOWLEDGE AND AGREE THAT SPRYNT AND THE SPRYNT REPRESENTATIVES ARE ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, AGREE NOT TO HOLD SPRYNT OR THE Sprynt REPRESENTATIVES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR THIRD PARTY (INCLUDING WITHOUT LIMITATION INJURY, DEATH, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR THIRD PARTY, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY Sprynt OR THE Sprynt REPRESENTATIVES OR ANY DESTRUCTION OF YOUR INFORMATION, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.
UNDER NO CIRCUMSTANCES WILL Sprynt OR THE Sprynt REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Sprynt AND THE Sprynt REPRESENTATIVES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF SERVICES. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT Sprynt OR THE Sprynt REPRESENTATIVES ARE LIABLE FOR DAMAGES IN EXCESS THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).
16. Arbitration Agreement and Class Action Waiver.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND SPRYNT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN A CORPORATE OR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE ACTION. UNLESS BOTH EXPRESSLY AGREED TO BY SPRYNT, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules then in effect (the “AAA Rules”), unless otherwise specified herein.
The arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues. It is the intent of the parties that the AAA Rules shall preempt all state laws to the fullest extent permitted by law.
The party seeking to arbitrate a Claim must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The parties shall mutually agree upon an Arbitrator within five (5) days of delivery of the Demand for Arbitration, or if an arbitrator cannot be mutually agreed upon, the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Sprynt otherwise agree, the arbitration will be conducted in Arlington, Virginia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Sprynt submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
Severability and Survival.
Time Limit for Claims.
You agree that any Claims against Sprynt must be filed within one (1) year after such Claim first arose, or such Claim shall be barred forever; provided, however, that in the event any statute or law prohibits the revision of the limitations period applicable to such claim or cause of action to such one (1) year, such period shall be revised to the shortest period of time allowable by such statute or law.
Notices of Changes and Opt-Out.
The Company may change this Arbitration Agreement at any time, without prior notice to you. If you access or use the Services, and such change is posted, you accept that change. If you do not accept the change, please do not access or use the Services. If you would like to opt-out of the Arbitration Agreement, or any updates thereto, please contact us in writing at firstname.lastname@example.org. You must opt-out within thirty (30) days of the first date you accepted the Services, or within thirty (30) days that any changes have been posted to the Arbitration Agreement. You should check this Arbitration Agreement each time you use the Website.
c. Age Restrictions. You must be at least eighteen (18) years old to use the Services and the Website. If you are under eighteen (18) years old, then you must have permission from a parent or legal guardian to use the Website. Sprynt has no intention of collecting personal information from individuals under the age of eighteen (18).
d. Electronic Communications. When you use the Website, or send e-mails to Sprynt, you are communicating with Sprynt electronically and you consent to receive communications from Sprynt electronically. Sprynt will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Sprynt provides to you electronically satisfy any legal requirement that such communications be in writing.
g. Force Majeure. Sprynt shall not be responsible for any damages, delay in performance or failure to perform by Sprynt if caused by any act or occurrence beyond its reasonable control such as embargoes, changes in government regulations or requirements (executive, legislative, judicial, military or otherwise), acts of war or terrorism, power failure, electrical surges or current fluctuations, lightning, earthquake, flood, the elements or other forces of nature, delays or failures of transportation, or acts or omissions of telecommunications common carriers.
i. Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.