Terms and Conditions
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND Roadexpress HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 30 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST Roadexpress 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 PICKUP DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 31.
MATERIAL TERMS AND NOTICES
The Roadexpress Platform connects you to other Users. You are neither an employee nor subcontractor of Roadexpress;
The use of the Roadexpress Platform may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility;
The Roadexpress Platform is provided “as is” without warranties of any kind, and Roadexpress’s liability to you is limited regarding the performance of Services;
Roadexpress provides Users the Roadexpress Guarantee (Section 6) to ensure your satisfaction with your Platform experience;
Access to certain features of the Roadexpress Platform may require access to information about the location of your device, such as GPS coordinates;
We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 2) that occur through the Roadexpress Platform for our business purposes, including to provide and improve customer service and the Roadexpress Platform, fraud prevention, and to identify violations of this Agreement;
You agree not to circumvent the Roadexpress Platform by soliciting, scheduling and/or paying for Services and/or Additional Services outside the Platform;
You agree to and acknowledge the “Notice Regarding Apple” in Section 39 below.
Roadexpress Platform Connects Users
For purposes of this Agreement, the services provided by Pickup Drivers to their Customers that are scheduled through the Roadexpress Platform shall be referred to as the “Services.” Services specifically do not comprise “Excluded Services” (particular jobs deemed ineligible for scheduling or performing through the Roadexpress Platform due to applicable licensing/permitting regulations and other similar requirements). Roadexpress reserves the right to alter, modify and remove Service requests.
Unless otherwise disclosed, Pickup Drivers are deemed to be unlicensed. Please note that in certain markets Pickup Driver may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Customers must determine for themselves whether a Pickup Driver is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.
Services ordered through the Roadexpress platform may include delivery, installation, and/or assembly of furniture or other items obtained from a third party (“Merchandise”). Roadexpress does not provide and is not responsible for Merchandise, and does not itself provide the Services.
ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE Roadexpress PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. IT IS ENTIRELY UP TO THE CUSTOMER TO EVALUATE THE PICKUP DRIVER AND THE PICKUP DRIVER’S QUALIFICATIONS, AND UP TO THE PICKUP DRIVER TO EVALUATE THE JOB ORDERED. EACH SERVICE PROVIDED BY A PICKUP DRIVER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PICKUP DRIVER AND CUSTOMER. PICKUP DRIVERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF Roadexpress. Roadexpress MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. Roadexpress DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PICKUP DRIVERS. Roadexpress HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PICKUP DRIVERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, Roadexpress IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PICKUP DRIVER.
Pickup Driver Background and Identity Check Process
Unless otherwise disclosed, Roadexpress checks the backgrounds of each Pickup Driver using third-party background check services that include, but are not limited to, a sex offenders registry check; county, state, federal and national criminal records check; and domestic and international terrorist watchlist check. Roadexpress also requires each Pickup Driver to submit to Roadexpress a government-issued photo ID and a profile picture. Pickup Drivers hereby give consent to Roadexpress to conduct background checks as often as required in compliance with applicable law, including without limitation the Fair Credit Reporting Act. Although Roadexpress performs background and identity checks on each Pickup Driver, Roadexpress cannot confirm that each Pickup Driver is who they claim to be, and therefore, Roadexpress cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information or any information provided through the Service. Roadexpress cannot and does not guarantee that a Pickup Driver’s profile and background check information are current and up to date.
YOU ACKNOWLEDGE AND AGREE THAT Roadexpress IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. Roadexpress IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PICKUP DRIVERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know. Roadexpress’s sole liability with respect to the Services performed by Pickup Drivers is as set forth in the Roadexpress Guarantee described in Section 6.
Job Fees for Services and Additional Services; Excluded Services
Job Fee. Customers shall be charged pursuant to the rates quoted via the Roadexpress Platform at the time the Service is scheduled (or prior to acceptance of a Counter-Bid or Additional Service), which shall be based on either: (i) the stated parameters of the Services and the location where such Services are to be performed; or (ii) a Counter-Bid price proposed directly from a Pickup Driver (the “Job Fee”). If applicable, the Job Fee shall include a variable fee for additional mileage traveled beyond a minimum set distance to complete delivery, courier, and moving-related Services. To determine such mileage fee, we use the Google Maps service to pre-calculate the distance between the Customer-provided addresses for pick-up and delivery, which may differ from the actual mileage driven by a Pickup Driver to complete a Service. Roadexpress has the authority and reserves the right to determine and modify pricing by posting revised applicable Job Fees to your market though the App or by applying advertised sales or promotional discounts to the posted Job Fees, which will be disclosed to you prior to your submission as a Customer or acceptance as a Pickup Driver of a Service request. You are responsible for reviewing the applicable Job Fee prior to the submission or acceptance of a Service. As a Customer, you shall be responsible for all incurred Job Fees charged under your User account regardless of your awareness of such Job Fees or the amounts thereof. Similarly, as a Pickup Driver, you agree that the Job Fees for the Services that you perform shall be the amount disclosed to you prior to your acceptance of a Service regardless of your awareness of such Job Fees or the amount thereof.
Excluded Services. Users hereby agree not to schedule or perform any of the following as Services or Additional Services through the Roadexpress Platform (collectively, the “Excluded Services”):
• Services that requires a license or certificate;
• Services that make the User unsafe or uncomfortable;
• Services that involve the handling of weapons, explosives or hazardous materials;
• Services that involve the transportation of and ridesharing among our Users in any type of motor vehicle, aircraft or water craft; or
• Any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.
Users of the Roadexpress Platform contract for the Services directly with other Users. Except as set forth in Section 33 below, Roadexpress is not a party to any contracts for the Services. The Roadexpress Platform facilitates these contracts by supplying a medium through which Customers can connect with Pickup Drivers, schedule the Services, and make payments for the Services directly from the Customer to the Pickup Driver. Notwithstanding the foregoing, Customers may not circumvent the Roadexpress Platform by using the Roadexpress Platform to connect with Pickup Drivers and then engage those Pickup Drivers for Services outside of the Roadexpress Platform.
Payment Processing Service. To facilitate payment for the Services, each User is required to register a credit, debit or prepaid card and each Pickup Driver is required to register using the Pickup Driver’s bank account details or debit card information. You authorize Roadexpress and the payment processing service retained by us (currently, Stripe) to facilitate the transaction of the Services and the payment remittance of all applicable charges and fees between you and other Users and between you and us. All payments transacted through Stripe shall be subject to the Stripe Connected Account Agreement, located at https://stripe.com/connect/account-terms, which includes the Stripe Terms of Service, located at https://stripe.com/us/terms (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of Roadexpress facilitating payment processing services through Stripe, you agree to provide Roadexpress accurate and complete information about you and, if applicable, your business, and you authorize Roadexpress to share it and transaction information related to your use of the payment processing services provided by Stripe.
Customer Payments. As a Customer, we will charge your credit, debit or prepaid card according to the amount of all Services and Additional Services, if any, you scheduled through the Roadexpress Platform, which amount will include: (i) the Job Fee applicable to the Services or Additional Services that were provided to you by your Pickup Driver; (ii) any out of pocket expenses that were published in connection with the Services (e.g. disposal fees); (iii) any out of pocket expenses for materials, if any, agreed to by and between you and your Pickup Driver through the Roadexpress Platform; (iv) any tip or gratuity you elect to give to your Pickup Driver; and (v) a platform fee (a/k/a Service Fee) of up to nine percent (9%), which is used, in part, to offset the expense of providing you the Roadexpress Guarantee set forth in Section 6. You hereby authorize us to charge the payment method on file in your account for such amounts upon the earlier of your verification of the completion of the scheduled Services or as soon as two (2) hours after a Service is completed, if there is no filed complaint with respect to such Service or if such complaint has been otherwise resolved as determined by Roadexpress in its sole discretion. We retain the right, in our sole discretion, to seek authorization of your selected payment method to verify the payment method, ensure that all fees related to your order will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Except for the Roadexpress Guarantee, no refunds or credits will be provided once the Customer’s selected payment method has been charged or Voucher has been used. While we will use commercially reasonable efforts to protect all payment method information and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. The Job Fee quoted is exclusive of taxes. Roadexpress is not responsible or liable for any taxes incurred in connection with the Service excluding taxes on Roadexpress’s income. Customers will be liable for all transaction taxes on the Service(s) provided (other than taxes based on Roadexpress’s income).
Pickup Driver Payments. As a Pickup Driver, upon your satisfactory performance of a Service and any Additional Services for the Customers as an self-employed service Pickup Driver through the Roadexpress Platform, and upon the Customer’s payment for such Services, you will receive the following: (i) the applicable Job Fee for the Service and any Additional Services (net of the applicable Use Fee, as discussed below); (ii) any out-of-pocket expenses that were published in connection with a Service, including disposal fees that may be subject to modification by a Pickup Driver in his or her sole discretion; (iii) any out of pocket expenses for materials and related delivery fee, if any, as agreed to by you and the Customer through the Roadexpress Platform; and (iv) any tip or gratuity provided to you by the Customer (collectively, the “Pickup Driver Payment”), which will be communicated to you through the Site. Roadexpress will process all Pickup Driver Payments due to you through its third-party payments processor. You acknowledge and agree the Pickup Driver Payment shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize Roadexpress to pre-set the prices on your behalf for all Job Fees that apply to the provision of Services that you provide through the Roadexpress Platform.
Notwithstanding the above, Pickup Drivers may request an adjustment of their applicable Job Fees upon written notice to the attention of Roadexpress’s General Counsel. Nothing set forth herein shall prohibit or otherwise restrict Pickup Drivers from negotiating Additional Services with a Customer. Roadexpress reserves the right to withhold all or a portion of Job Fees if it believes that you have attempted to defraud or abuse Roadexpress or Roadexpress’s payment systems.
i. Use Fee. As a Pickup Driver, in exchange for permitting you to offer your services through the Roadexpress Platform and utilize the ancillary services and benefits thereof, you agree to pay Roadexpress (and permit Roadexpress to retain) a fee based on a percentage of the Job Fee on each transaction in which you provide Services and, if any, Additional Services (the “Use Fee”). The amount of the applicable Use Fee will be determined by the category and market location of the job and will be communicated to you via your Pickup Driver Dashboard. Roadexpress reserves the right to change the Use Fee at any time in Roadexpress’s sole and absolute discretion. Continued use of the Roadexpress Platform after any such change in the Use Fee calculation shall constitute your consent to such change.
Promotions. Roadexpress, at its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Roadexpress. You are not required to participate in promotions. BY PARTICIPATING IN ANY PROMOTIONAL ACTIVITY VIA THE Roadexpress PLATFORM, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE PROMOTIONAL ACTIVITY, including the following:
iii. Roadexpress Sharing Program – Royalties. For the Roadexpress Sharing Program (akaRoyalties),Roadexpress will assign a Promo Code (“Roadexpress Sharing Promo Code”) to you via the App or email for distribution at your discretion to your friends, family and other third parties for use on their first Service (each a “Promo User”). Except as otherwise set forth in this subsection, all of the terms and conditions for Roadexpress Promo Codes apply to the Roadexpress Sharing Program. If a Promo User uses your assigned Roadexpress Sharing Promo Code on a Service that is completed via the Roadexpress Platform within the applicable time period (the “Promo Period”), then you will be eligible for a credit or payment as described in the App and Website at the time the Roadexpress Sharing Promo Code is redeemed. A Roadexpress Sharing Promo Code is validly redeemed when the Service it was applied to has been completed and paid for in full through the Roadexpress Platform. The amount and conditions of the credit or payment shall be determined by Roadexpress and communicated to you in writing through the App, the Website or via email and are subject to change, without notice, at Roadexpress’s sole discretion. Unless otherwise communicated to you, all payments will be made via check mailed to the address associated with your User account within ninety (90) days from the earlier of : (i) the date your Royalties balance exceeds $50.00 or (ii) the cancellation of your User account or termination of this program. Your failure to cash a Royalties check within 180 days of issuance by Roadexpress, or your failure to provide Roadexpress with your taxpayer identification number (TIN) within thirty (30) days of Roadexpress’s request thereof, will result in your Royalties payments being converted to Roadexpress Rewards. We maintain sole discretion to prohibit your participation in the Roadexpress Sharing Program in the future, for any or no reason. Further, by using the Roadexpress Sharing Program, you agree to abide by all current material-connection disclosure laws issued by the Federal Trade Commission and/or other governing authority.
iv. Roadexpress Rewards Program. Roadexpress may allow registered Users to participate in the Roadexpress Rewards program through the Website and App, which is designed to provide certain benefits to Users that schedule and successfully complete Services and/or share their Roadexpress Sharing Promo Code. Please refer to the Roadexpress Rewards Terms and Conditions for more information about the terms, conditions and policies that apply to your participation and use of the Roadexpress Rewards program. Exercising opt-out rights will not prohibit Users from participating in the Roadexpress Rewards Program.
Instant Payout. Roadexpress, at its sole discretion, may present Pickup Drivers with the opportunity to elect to receive their Pickup Driver Payments through Roadexpress’s Instant Payout featur If you enable the Instant Payout feature in your Pickup Driver Dashboard, you acknowledge that you will be charged a fee for this Instant Payout service as described by Roadexpress prior to confirmation. You understand that (i) your financial institution may not support Instant Payout, (ii) Roadexpress and Stripe make no guarantee concerning how quickly Instant Payout payments will settle with your account, and (iii) not all payments through the Roadexpress Platform are eligible for Instant Payout.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (a) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PROMOTION; (b) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (c) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTIONAL ACTIVITY; (d) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTIONAL ACTIVITY OR THE PROCESSING OF ENTRIES; OR (e) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR (OR ANY OTHER ENTRANT’S) PARTICIPATION IN THE PROMOTIONAL ACTIVITY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
Our Roadexpress Guarantee is that the Service you order and pay for will be performed as described in the description of the Service when you ordered it. If you have ordered and paid for a Service but you believe the Service was not performed in accordance with the Roadexpress Guarantee you must report the issue within twenty-four (24) hours of the Service appointment’s completion to our Support Center at [email protected] and respond to all follow up questions requested of you from the Support Center, at which point you may be eligible for the Roadexpress Guarantee Remedies. The “Roadexpress Guarantee Remedies” are as follows: if we determine that a Service does not meet the Roadexpress Guarantee we will, in our sole discretion, either refund (in part or in full) the payment you actually made for such Service, or have the applicable Service re-performed. If the Service is re-performed but we determine the re-performance still does not meet the Roadexpress Guarantee, we will refund the payment actually made by the Customer for such Service. The amount of the Roadexpress Guarantee is limited to any payment you made for the Service. The Roadexpress Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. To be clear, the Roadexpress Guarantee does not apply to any payments made for Services not scheduled and paid for through the Roadexpress Platform. THIS SECTION 6 STATES Roadexpress’S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
Roadexpress reserves the right in its sole discretion to eliminate the Roadexpress Guarantee altogether or to modify its terms at any time, effective with or without notice and without any liability to Roadexpress, although Roadexpress will endeavor to post notification of any material changes.
Roadexpress’s cancellation policy for specific Services is as follows:
Cancellation by Customer. As a Customer, you may cancel your scheduled Service appointments through the App at any time, subject to the following:
i. Services Booked 24 Hours in Advance
• If you cancel more than 24 hours before a scheduled Service appointment, there is no cancellation fee.
• If you cancel between 2-24 hours before a scheduled Service appointment, you may be charged a $10.00 cancellation fee.
• If you cancel less than 2 hours before a Service appointment, you may be charged a $50.00 cancelation fee.
ii. Services Booked Less 24 Hours in Advance
• For Services that were booked between two to twenty-four (2-24) hours before the scheduled Service appointment, you may be charged a $10 cancellation fee if you cancel less than two (2) hours before a Service appointment.
• For Services that were booked less than two (2) hours before the scheduled Service appointment, including Services scheduled as “Now” appointments, you may be subject to a $10 cancellation fee if you fail to cancel such appointment within five (5) minutes after if you booked your job.
Cancellation by Pickup Driver. As a Pickup Driver, although you may cancel your scheduled Service appointments through the App if necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Pickup Driver Account. If you are more than fifteen (15) minutes late for a scheduled appointment (note: the scheduled time for a “Now” appointment is one (1) hour from the time you are selected by your Customer) or fail to complete a scheduled Service, you shall be deemed to have cancelled such appointment. When you cancel a scheduled Service appointment, the Roadexpress Platform generally notifies your Customer to resubmit the request for Service. Roadexpress cannot guarantee that a cancelled Service appointment will be selected by another Pickup Driver and rescheduled or that the Service request will be completed. Thus, your cancellation or failure to timely show up to perform a scheduled appointment could negatively impact your Customer and the Roadexpress Platform. As a result, such conduct may adversely impact your Pickup Driver rating. PLEASE BE ADVISED THAT YOUR CANCELLATION OF (A) ANY “NOW” APPOINTMENTS, (B) ANY SCHEDULED APPOINTMENTS WITH LESS THAN TWENTY-FOUR (24) HOURS NOTICE, OR (C) TWO OR MORE SCHEDULED APPOINTMENTS WITHIN A THIRTY (30)-DAY PERIOD IS A VIOLATION OF THE TERMS OF THIS AGREEMENT, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR PICKUP DRIVER ACCOUNT.
Pickup Driver Access Fee
As a Pickup Driver, you are required to pay a monthly access fee during any calendar month in which you complete a Service. The access fee shall be $2.99 per month (the “Access Fee”). You instruct and authorize Roadexpress to deduct the Access Fee from the Job Fee of the first job(s) you complete in a calendar month. You acknowledge that Roadexpress reserves the right, at any time, to modify its Access Fees and billing methods.
To help maintain the quality of the Roadexpress Platform, Users (both Pickup Drivers and Customers) will have the opportunity to rate each other after the completion of Services. If you rate your Pickup Driver or Customer with less than 3 stars, such User will be excluded from your future Service requests. Customers will see Pickup Driver ratings before selecting a Pickup Driver for a job so each rating a Customer gives can have an impact on that Pickup Driver’s future on the Roadexpress Platform. In addition, Customers with a low star rating may not have their requests accepted.
We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. You agree to Roadexpress’s use of a service Pickup Driver to mask your telephone number with a number provided by Roadexpress when you call or exchange text (SMS) messages with another User. Roadexpress and its service Pickup Driver reserve the right to access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Roadexpress Platform for our business purposes, including to provide and improve customer service and the Roadexpress Platform, fraud prevention, and to identify violations of this Agreement. You agree to the use of masked numbers described above as well as Roadexpress’s use and disclosure of the related data for legitimate business purposes.
To schedule and accept Services, you must possess an iOS or Android smartphone capable of accessing the Roadexpress Platform (the “Mobile Device”). As a Pickup Driver, you hereby acknowledge and consent to Roadexpress’s collection of the latitude and longitude location (“Location Coordinates”) of your Mobile Device so that we can provide our services to you and the Customers. For example, we may collect Location Coordinates when you select “Start Navigation to Site” or equivalent on the App for the purpose of providing support in case you and the Customer cannot find each other and ending upon your notification to the Customer and Roadexpress that you arrived at the Service location by selecting “I’m Here!” or the equivalent on the App (the “Tracking Period”). In addition, while in Pickup Driver mode, Roadexpress collects the Location Coordinates of the Mobile Device on which the Roadexpress Platform is installed for other purposes, including for the purpose of referring Services to you from potential Customers in your vicinity, protecting the safety of Customers and Pickup Drivers, and for legal purposes (such as to enforce our agreements). Roadexpress does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide the Services contemplated by this Agreement, or the frequency with which you use the Roadexpress Platform to book Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.
Accessing the Roadexpress Platform and Account Security
We reserve the right to withdraw or amend the Roadexpress Platform, and any service we provide on the Roadexpress Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the Roadexpress Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Roadexpress Platform, or the entire Roadexpress Platform, to Users for any reason or no reason.
You are responsible for:
• Making all arrangements necessary for you to have access to the Roadexpress Platform.
• Ensuring that all persons who access the Roadexpress Platform through your account are aware of this Agreement and comply with the terms set forth herein.
If you choose, or are provided with, a User name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Roadexpress Platform or portions of it using your User name, password or other security information, including Third-Party Site Password(s). You agree to notify us immediately of any suspected unauthorized access to or use of your User name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any User name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. Roadexpress may, from time to time, access your account to make certain changes that you request or remove prohibited information from the Platform.
THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, Roadexpress IS NOT AFFILIATED WITH ANY CARRIER, PICKUP DRIVER, OR THIRD-PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PICKUP DRIVER, OR THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE Roadexpress (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Limited License; Intellectual Property Rights
You may not modify, alter, reproduce, or distribute the Roadexpress Platform in part or entirety. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Roadexpress Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Roadexpress Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third-Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the Roadexpress Platform or any content available through the Roadexpress Platform.
The Roadexpress Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Roadexpress, its licensors or other Pickup Drivers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
• Modify copies of any materials from the Roadexpress Platform.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Roadexpress Platform.
Except as permitted herein, you must not access or use for any commercial purposes any part of the Roadexpress Platform or any services or materials available through the Roadexpress Platform.
You may use the Roadexpress Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Roadexpress Platform:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To impersonate or attempt to impersonate Roadexpress, a Roadexpress employee, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Roadexpress Platform, or which, as determined by us, may harm Roadexpress or Users of the Roadexpress Platform or expose them to liability.
• To solicit, advertise for, or contact Users for employment, contracting, or other purposes unrelated to the Services facilitated through the Roadexpress Platform without the express written consent of Roadexpress.
Additionally, you agree not to:
• Use the Roadexpress Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Roadexpress Platform, including their ability to engage in real-time activities through the Roadexpress Platform.
• Use any robot, spider or other automatic device, process or means to access the Roadexpress Platform for any purpose, including monitoring or copying any of the material on the Roadexpress Platform.
• Use any manual process to monitor or copy any of the material on the Roadexpress Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Roadexpress Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Roadexpress Platform, the servers on which the Roadexpress Platform is stored, or any server, computer or database connected to the Roadexpress Platform.
• Attack the Roadexpress Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Roadexpress Platform.
• Defame, harass, abuse, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to Roadexpress employees and Platform Users.
Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service Pickup Drivers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Roadexpress Platform, you may contact our Designated Agent at Roadexpress, Inc., Attn: Copyright Compliance Team, 1005 Flagpole Court, Brentwood, TN 37027 or [email protected]
Any notice alleging that materials hosted by or distributed through the Roadexpress Platform infringe intellectual property rights must include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on the Roadexpress Platform;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of those materials on the Roadexpress Platform is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Roadexpress Platform may contain profiles and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, “Post”) content, photographs, images, or other related materials (collectively, “User Contributions”) on or through the Roadexpress Platform, including User-supplied profile pictures, bio lines, and job/service-related photos.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above to us and our licensees, successors and assigns and other Users.
• All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Roadexpress, are fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Roadexpress Platform.
In exchange for the right to use the Roadexpress Platform, Users who post their User Contributions hereby irrevocably grant to Roadexpress the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their User Contributions in connection with the Roadexpress Platform:
• The right to use User Contributions in the advertising, marketing, and/or publicizing of the Roadexpress Platform to perform and improve upon the Roadexpress Platform; or
• The right to exercise all copyright, publicity rights, and any other rights therein.
Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers). User hereby releases Roadexpress from (and shall not bring any) proceeding, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your User Contributions.
18. Monitoring and Enforcement
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Roadexpress Platform.
• Terminate or suspend your access to all or part of the Roadexpress Platform for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Roadexpress Platform. YOU WAIVE AND HOLD HARMLESS Roadexpress AND ITS AFFILIATES, LICENSEES AND SERVICE PICKUP DRIVERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Pickup Driver or a Customer cannot be resolved independently, you hereby agree, at Roadexpress’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Roadexpress or a neutral third-party mediator or arbitrator selected by Roadexpress. Notwithstanding the foregoing, you acknowledge and agree that Roadexpress is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
Pickup Driver Provisions
Insurance. As a Pickup Driver, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate workers’ compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance with policy limits sufficient to protect and indemnify Roadexpress and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees.
Pickup Driver Assistants. Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by a Pickup Driver, the Pickup Driver shall require any such individuals to become a registered, approved Pickup Driver on the Roadexpress Platform pursuant to Roadexpress policies as described herein. Pickup Drivers that utilize non-registered, non-approved personnel to assist with a Service could have their permission to access the Roadexpress Platform revoked. Each Pickup Driver assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Pickup Driver and all persons engaged by the Pickup Driver in the performance of the Services.
Equipment. As a Pickup Driver, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Services, and in no event shall Roadexpress reimburse, or be required to reimburse, you for any tools, materials, costs or expenses used in connection with the Services. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform the Services. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. At your request, Roadexpress may offer to you certain equipment, supplies, and materials for purchase. You are not required to purchase any equipment, tools, supplies, or materials from Roadexpress at any time.
Representations. By providing Services as a Pickup Driver on the Roadexpress Platform, you represent, warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or certifications for performance of the Services or Additional Services; (ii) you will not transfer or sell your User account, password and/or identification to any other party; (iii) you will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you; (vi) you will not attempt to defraud Roadexpress or a Customer in connection with your provision of Services or Additional Services; and (vii) you will not demand that a Customer pay in cash, or use a credit card reader or other off-platform payment service, to accept payment