Date of Last Revision: 02/07/2018
The following Terms & Conditions of Use (“Terms & Conditions”) constitute a legal agreement between yourself, Runabt Asset Holding, LLC (hereafter known as the “Company”, “we” or “us”), and owner and operator of Runaboutsgr.com (the “Website”).
We urge you to read the following Terms & Conditions and service very carefully before using this website. This website is published and maintained by Runabt Asset Holding, LLC. The following Terms & Conditions govern your access to and use of Runaboutsgr.com; including any content, functionality and services offered on or through Runaboutsgr.com; as well as govern your purchase of the subscription and products sold on this site.
BY CLICKING THE “ACCEPTED ICON” ASSOCIATED WITH THIS PAGE, OR REGISTERING FOR USE OF THIS SITE, WHICH WILL SERVE AS YOUR SIGNATURE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AND PURCHASE, INCLUDING THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS AND PURCHASE, YOU SHOULD EXIT THIS PAGE WITHOUT ACCEPTING AND REFRAIN FROM ALL FURTHER USE OF THIS SITE. IF THIS AGREEMENT IS AMENDED IN ANY WAY THAT DEPARTS FROM THESE STANDARD TERMS AND PRICES, A MANUAL SIGNATURE WILL BE REQUIRED
1. Acceptance of the Terms & Conditions
By becoming a user of Runaboutsgr.com, you represent, acknowledge, and agree that you are at least 18 years of age.
This website is provided solely for the use of current and future customers of the Company to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate
(a) Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
(b) Any advertisement, solicitation, spam, chain letter, or other similar type of information;
(c) Any encouragement of illegal activity;
(d) Unauthorized use or disclosure of private, personally identifiable information of others; or
(e) Any materials subject to trademark, copyright, or other laws protecting any materials or data of
others in the absence of a valid license or other right to do so.
2. Personal Information & Account
In order to provide you with the best possible service, our customers agree to provide the most accurate, current, and complete information as required for your purchase of our products and subscription. All information you provide must be truthful and honest, and the Company forbids the use of aliases or other means of masking your identity. The Company reserves the right to cancel further sales to Customers who provide false, inaccurate, or incomplete data. As our Customer, you acknowledge that the Company may use a third-party processing service to process orders and bill fees to your authorized credit card.
On first use of this Website, you will be required to enter your online profile information in the Login Registration pages, where you will be invited to create your own USERNAME and PASSWORD.
By registering on our Website, you agree to provide accurate and current information about yourself as prompted by the Login Registration pages, and you agree to maintain and promptly update your online profile information in order to keep it accurate and current. You warrant that you or your designated agents are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. You also warrant that all information supplied by you, or others using your Account, are true and accurate.
You are responsible for maintaining the confidentiality of your Account details and for restricting access to your designated agents. You agree to accept responsibility for all activities that occur under your Account (whether or not performed with your express consent). You agree to (a) immediately notify us of any unauthorized use of your Account, and (b) ensure that you properly exit from your Web site session at the end of each visit.
4. Website Content & Ownership
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of the Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
5. Electronic Orders
In order to assure that all electronic transactions conducted using our Web site are legally valid and enforceable as a result of the use of available electronic ordering technologies for the mutual benefit of the parties, you agree that:
(a) You and we each may electronically transmit to, or receive from, the other party orders, confirmations and transaction information (collectively “Documents”) utilizing the System.
(b) You and we each will each use proper security procedures reasonably sufficient to ensure that all transmissions of Documents are authorized and to protect its business records and data from improper access.
(c) You and we each adopt as our respective signatures your and our Sender Identification which is to be affixed to or contained in each Document transmitted by such party (“Signature(s)”). You and we each agree that the Signature affixed to or contained in any transmitted Document shall be sufficient to verify such party originated such Document.
(d) You and we each will use the security procedures required pursuant to these Terms to protect the confidentiality of the parties’ Signatures.
(e) Documents shall not be deemed to have been properly received, and no Document shall give rise to any obligation, until accessible to the receiving party on the computer used by such party for receipt of Documents hereunder.
(f) If any properly transmitted Document is received in an unintelligible or garbled form, the receiving party shall, if reasonably possible, promptly notify the originating party (if identifiable from the received Document) in a reasonable manner.
(g) Any Document properly transmitted pursuant to this Agreement shall be considered, in connection with any transaction, to be a “writing” or “in writing.” Any such Document when containing, or to which there is affixed, a Signature (“Signed Document”) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business and the parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable law relating to whether certain agreements be in writing and signed by the party to be bound thereby. Signed Documents, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of Signed Documents under either the business records exception to the hearsay rule or the best evidence rule on the basis that the Signed Documents were not originated or maintained in documentary form.
6. Payment Terms & Conditions
Our Company provides Grand Rapids area based services through our Website and App to our end-user customers who purchase our services for their own personal use. Although you may find that some of the pricing for our services can be found on our Website or through the use of our App, the price that we charge you for the services we provide will be the price as posted on our Website on the date that you request our services. The Company reserves the right to modify, change, and adjust the price of our services at any time and for any reason. The Company does not provide price protection or refunds in the event of price decreases or promotions for services.
To automate payments required for use of this Website, we offer the convenience of secure transaction by means of Electronic Funds Transfer (EFT). We also accept valid Check, Draft, Money Order or Automatic Clearing House (ACH) Payment. We also accept U.S. issued credit and debit cards including Visa, MasterCard, American Express, and Discover.
When checks or similar instruments tendered are returned to us unpaid, the following service charge will apply:
• $25.00 for each check or similar instrument.
If your payment method fails or your account is past due, subject to Order or performance status we may variously:
(a) Terminate or suspend your Account and access rights;
(b) Cancel Preliminary Orders;
(c) Cancel Confirmed Orders and return your monies subject to cancellation charges;
(d) Commence collection mechanisms to collect fees owed (this includes retaining collection agencies and legal counsel).
When placing an order online or through the App, you will need to provide us with the billing address, the card number, expiration, Charges will be inclusive of applicable taxes where required by law and may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees. All invoices must be paid within working days following the date of the initial invoice. The non-payment of an invoice related to the use of the Services will result by right, besides the fact that it is immediately due, in the invoicing of default interests, calculated from the due date on the basis of a rate equal to the highest legal interest rate allowable under applicable state law.
You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. Such fees are as follows:
- Cancellation of ASAP Ride:
o Up to 15% of the price of the ride
o Minimum cancellation fee of $1.00
o Maximum cancellation fee of $30.00
- Advance Ride Level 1 – Ride cancelled within 120 minutes of scheduled pickup:
o Up to 20% of the price of the ride
o Minimum cancellation fee of $6.00
o Maximum cancellation fee of $100.00
- Advance Ride Level 2 – Ride cancelled within 20 minutes of scheduled pickup:
o Up to 50% of the price of the ride
o Minimum cancellation fee of $12.00
o Maximum cancellation fee of $150.00
7. Prohibited Uses
You may only use our Website for lawful purposes and in accordance with the Terms & Conditions. It is an express condition of your access to and use of the Website that you agree not to use the Website:
(a) In any way that violates any applicable federal, state, local, or international law or regulation;
(b) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & Conditions;
(c) To engage in any conduct that in any way could disable, overburden, damage, disrupt, impair or interfere with the proper working of the Website, or that restricts, inhibits or impacts any other user from using or enjoying the Website; or
(d) In any way that violates the privacy rights of other users of the Website.
8. Third Party Sites
As a convenience to you, we may provide on our Website links to separate websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by the Company. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the Company. Links do not imply that the Company or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries. Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. The Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
9. Social Media/Networking Websites
10. Disclaimer of Warranties
You expressly agree that use of this website is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
11. Limitation of Liability
YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event that we learn of, or have reasonable grounds to suspect, that your registration information is inaccurate, or that activity in violation of these Terms & Conditions has occurred within your Account, we can suspend or terminate all access to your Account or the services to be provided without notice and refuse to authorize its future use. Repeated violations of these Terms & Conditions will result in immediate termination. In addition, we reserve the right to discontinue the Services at any time without reason or advance notice to you.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
This Agreement constitutes the entire agreement between the Company and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
15. Choice of Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. The Company makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with the Company arising out of your use of this site.
16. Limitations on Claim
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
17. Electronic Communication
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
18. General Terms
19. Modification of These Terms & Conditions
We reserve the right to change the terms, conditions, and notices under which this Web site is offered, and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this Web site. You will be notified of changes to the terms, conditions, and notices through the Site’s message center tools.
20. Entire Agreement
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and do not limit the scope or extent of such section.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use.
Our failure to exercise or enforce any right hereunder, with respect to a breach by you or your designated agents, shall not be deemed to be a waiver of any such right nor operate so as to prevent the exercise or enforcement thereof or of any other right on any other occasion. Any rights not expressly granted herein are reserved.