Effective as of November 28, 2018 (Version 1.1)
Version 1.1
Countries/Territories: USA
These Chariot Terms and Conditions (“Terms”) apply to your access to and use of the website (“Site”), mobile application (“App”) or other technology where these Terms are displayed. The Site, the App and other technology are collectively referred to as the “Platform”. The Service (defined below) is owned or operated by Chariot Transit Inc., a wholly-owned subsidiary of Ford Smart Mobility LLC, (hereinafter “Chariot”, “we”, “us”) which is a wholly-owned subsidiary of Ford Motor Company. These Terms do not alter in any way the terms of any other agreement you may have with us. If you want to retain a copy of these Terms, please save or print them.
Chariot is a micro-transit company that offers high-capacity ridesharing service at our discretion, or can be hired by third parties to service their micro-transit needs.
For purposes of this Agreement, all the micro-transit services provided by Chariot to Riders through the Platform shall be referred to as the “Service”. Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Chariot Platform. Each person may only create one User account, and Chariot reserves the right to shut down any additional accounts. As a User, you authorize Chariot to match you with a micro-transit service based on factors such as your location, your destination, user preferences, and platform efficiency. Any decision by a User to offer or accept micro-transit service is a decision made in such User’s sole discretion.
Some features of the Service may only be available on the App or the Site. The Service may also integrate with other services or devices, and these features may be subject to separate or supplemental terms (“Supplemental Terms”) or privacy practices – these will be presented to you in connection with that feature.
By accessing or using the Platform and/or Service, you agree to be bound by these Terms located at https://www.chariotsf.com/legal/terms-website-us, and our Privacy Policy located at https://www.chariotsf.com/legal/privacy-us. Please review them carefully.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CHARIOT.
If you do not agree to these Terms or the Privacy Policy, you should stop using the Platform and/or Service immediately.
A few important points:
To use the Service, you must reside in a country where the Service is made available, be at least the age of majority in your place of residence, and have the ability to enter into a binding contract with us (and cannot be prohibited from doing so under any applicable law).
If you authorize anyone who does not meet the age restrictions listed above, they may only use the Service under your supervision when you are bound by these Terms.
Your Information.
Your Information is any information you provide, publish or post to or through the Platform (including any profile information, you provide) or send to other Users (including via in-application feedback, any email feature, or through any Chariot-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Platform and utilize the Service. Our collection and use of your Information in connection with the Platform and Service is as provided in Chariot’s Privacy Policy located at https://www.chariotsf.com/legal/privacy-us. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Chariot to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information (subject to the limitations set forth in Chariot’s Privacy Policy), and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Chariot does not assert any ownership over your Information; rather, as between you and Chariot, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You may be required to create an account or, in some cases, connect the Platform with another existing Chariot account. Your existing Chariot account may be governed by separate terms. The Platform may allow you to enter profile information and certain preferences. You may not create usernames or enter any account information that is profane, obscene or defamatory. If we decide any information you have entered is profane, obscene or defamatory, we reserve the right in our sole discretion to remove or discontinue your use of the Service. You are responsible for all use of the Service in connection with your account, including all use by or through anyone you may authorize.
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or mobile device. You agree to accept all responsibility for all activities that occur under your account, including unauthorized activity. You may not assign or otherwise transfer your account to any other person or entity. You agree to notify us immediately of any unauthorized use of your account or password.
You acknowledge and expressly agree that Chariot is not responsible for any activity in connection with your account due to theft, misappropriation, or unauthorized access.
Chariot reserves the right to limit the provision of the Service to any person, geographic region or jurisdiction and/or to limit the scope of services we provide. Any offer by Chariot for any product or service is void where prohibited.
Feature Availability / Features Subject to Change. Availability of features is subject to change. Not all features or services are available in all markets and coverage may be limited, including but not limited to mobile device or network coverage.
Hardware Compatibility Requirements. Use of the Service requires a compatible internet browser, computer or mobile device, internet access (fees may apply), and software (fees may apply), and may require obtaining updates or upgrades from time to time. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In some cases, you may need to install the newest version of the App.
Usage and Data Fees. Your internet service provider or mobile carrier may charge you access, software or data fees for any network use or data transmission required by the Services. Contact your internet service provider or mobile carrier for more information regarding usage rates and fees.
Territorial Restrictions. The Service is only intended for use in the United States. The Service may be limited (or not work) outside of the United States. You are responsible for compliance with all local laws. You agree that you will not use the content made available to you through the Service in any country or in any manner that is prohibited by any applicable laws, restrictions or regulations.
The Service may fail, or be delayed, due to acts of nature, or forces or causes beyond our reasonable control, including but not limited to: weather conditions, public utility failure, acts of war, government actions, terrorism, civil disturbances, wireless network congestion, traffic congestion or device failures.
The Service may not work if:
Automatic Updates. If you have enabled automatic updates, we may update the software associated with the Service (including the App) from time to time. We may do this without notifying you first. These software updates or changes may affect or erase data or metadata that is stored in your device. We are not responsible for any altered or erased data due to a software update or change.
YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF THE PLATFORM THROUGH YOUR ACCOUNT, EVEN IF YOU ARE NOT THE ONE USING THE PLATFORM, OR LATER CLAIM THE USE OF THE PLATFORM WAS NOT AUTHORIZED BY YOU.
When you use the Platform, you promise NOT to:
The following terms and conditions (“Payment Terms”) apply to the payment features of the Site and Mobile Application (“App”), which allow you to pay for Chariot services with your credit or debit card or commuter benefit (collectively, “Payment Features”). The Payment Features are maintained and operated by Chariot or its third-party payment service providers.
By clicking “I accept Chariot’s Terms and Privacy Policy” you:
We may modify the Payment Terms at any time. Modifications will be effective immediately upon being posted on the Site and App or on a future date as we may specify. If you do not agree to the Payment Terms or any modifications to the Payment Terms or Payment Features, please do not click “I accept Chariot’s Terms and Privacy Policy.”
We reserve the right to update, modify, suspend, or discontinue any part of the Payment Features at any time without any notice or obligation to you. Payment Features may not be available during maintenance breaks and other times.
Making a Payment by Credit Card
To use the Payment Features to pay for Chariot services (“Transactions”) on the Site and/or App, you must enter a valid credit card (“Payment Method(s)”). Our payment process may ask you for your name, address, credit card and any other associated information necessary to validate and process payments with the Payment Method. All information provided during registration must be current, accurate and complete. For your security, we will store a truncated version of your payment credentials utilizing the last two digits of your card.
Most U.S.-issued credit cards with a network brand, such as Visa, MasterCard, American Express, or Discover (“Network(s)”), can be used with the Payment Features, though certain card types may not be used. Eligible Payment Methods are subject to change at any time.
You authorize Chariot to validate your Payment Method, including submitting a payment authorization request or a low dollar authorization credit and/or debit, in accordance with the relevant rules of that Payment Method (“Network Rules”). If we submit a low dollar authorization for your credit card, your card is not actually being charged, and any temporary charge shown on your account will disappear in a few days.
The Payment Features use services and technology provided by third-party payment service providers, which are subject to change at any time. You authorize our payment service providers to collect, analyze and relay information generated in connection with Transactions. Transactions are subject to the terms and conditions governing your Payment Method and to any agreements between you and your financial institution.
Making a Payment with Commuter Benefits
You may also pay for Chariot services with commuter benefits offered by your employer/benefits provider, such as WageWorks, Commuter Check, Zenefits, Navia, TranBen, etc. For more information about whether your employer/benefits provider offers commuter benefits, or any specific terms and conditions governing how such programs can be used, contact your employer/benefits provider.
If your employer/benefits provider provides you a pre-paid debit card, you can add such card as a Payment Method in the Site and/or App and your Transactions using this Payment Method will be governed by the “Making a Payment by Credit Card” section.
If your employer/benefits provider provides you a check/voucher, you must provide your check/voucher to your Chariot driver. If no request is received, Chariot will apply it to the largest package the check/voucher amount can cover. If your check/voucher is in an amount less than the cost of a package/pass, you must also have a Payment Method registered on the Site or App. Any reference to “Transaction” in these Payment Terms will also refer to payments by check, as applicable.
Please allow three (3) business days for processing of commuter benefits.
Recurring Payments
You may make recurring payments for Chariot services on a monthly or other periodic basis (“Recurring Payments”) by following the prompts on the Site or App to enable “auto-renew” when selecting your package.
If you are purchasing a monthly pass and authorizing Recurring Payments, you acknowledge and agree that:
If you are purchasing credit packages and authorizing Recurring Payments, you acknowledge and agree that:
Receipts and Transaction History
We will provide you with a receipt of every Transaction made using the Payment Features.
When you make a payment using the Payment Features, we will update your activity on the Site and App and provide you a Transaction confirmation. In some instances, the Transaction confirmation may serve as your receipt and the Transaction also will appear on your card or account statement. Except as otherwise required by law or by the terms of another agreement between us, you are solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with your use of the Payment Features, and (b) reconciling all transaction information associated with the Payment Features. If you believe that there is an error or unauthorized Transaction activity, you agree to contact us immediately.
Cancellation and Refunds
You have the right to cancel your use of the Payment Features or any Payment Method at any time by removing it from the Site or App. With regard to installment payments, should you cancel an installment, within three (3) business days of the Chariot’s receipt of cancellation, we will provide confirmation and a credit transaction receipt for the amount cancelled.
Except as set forth in the Payment Terms, all Transactions are non-refundable and non-reversible. You may have additional refund or charge-back rights based on your agreement with your financial institution or applicable state and federal laws. You should review your periodic statement received from your financial institution to verify your Transactions.
Periods of Inactivity
If our records indicate that you have not used the Payment Features for at least six (6) months (or another period that we may specify), we may disable your access to the Payment Features.
Suspension or Termination
We may suspend or terminate your access to the Payment Features for any reason or no reason at any time upon notice to you. Without limiting the foregoing, we may also suspend your access to any Payment Features if (a) you have violated the Payment Terms, (b) you pose an unacceptable fraud risk to us, (c) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) we notice suspicious activity.
We will not be liable to you or any third party for compensation, reimbursement, or damages in connection with your use of the Payment Features, or any termination or suspension of the Payment Features or your access to it, including with respect to any deletion of your information or account data. If your Payment account is terminated for any reason or no reason, you agree (a) to continue to be bound by the Payment Terms and remain responsible for any Transactions you have processed through the Payment Features, (b) to immediately stop using the Payment Features, and (c) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers.
Unsafe behavior will not be tolerated on Chariot vehicles, including but not limited to threatening, abusive and distracting behavior. Chariot reserves the right to refuse service or exclude any person who engages in unsafe behavior. Warning: We strongly recommend against the use of any hand-held device while driving, riding bicycles, or any other activity that requires your full attention, and encourage the use of voice-operated systems when possible. Accessing or using the Service on hand-held devices while driving, riding a bicycle, or other activity could distract your attention and result in loss of vehicle control, crash and injury. The Platform may send messages or push notifications to your mobile phone. Do not read messages on hand-held devices while driving, riding a bicycle, or engaging in similar activities
All information and software provided by us through the Platform is and will remain our sole and exclusive property. You will not publish, broadcast, retransmit or otherwise reproduce disassemble or reverse-engineer the information or software in any medium. Any violation of this restriction is an infringement of copyright or proprietary rights in the information and software. As between you and us, we (and our affiliates and applicable service providers) own or license all such software and you do not acquire any rights in such software, including any right to use or modify the software (other than in the ordinary course of your receipt and use of the Service in accordance with these Terms). Subject to any other restrictions set forth herein (as a condition to the grant below), Chariot hereby grants you a limited, personal, nonexclusive, nontransferable, nonassignable license, without rights to sublicense, to install or have installed, display and use the software (in object code form only) solely for the purpose of using the Platform.
By entering into this Agreement or using the Platform, you agree to receive communications from us, including but not limited to via email, calls, and push notifications. You agree that calls may be generated by automatic telephone dialing systems. Communications from Chariot, and its affiliated companies, may include but are not limited to: operational communications concerning your User account, use of the Platform, updates concerning new and existing features on the Platform, communications concerning promotions run by us or our third-party partners, and news concerning Chariot and industry developments.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
If you choose to communicate with us, you expressly consent to our representatives contacting you in the manner you request. You agree that we may use your personal and other information as described in the applicable Privacy Policy. If available, you can choose whether or not to receive push notifications via your App or mobile device settings. You may opt-out of receiving certain types of emails about the Service by unsubscribing in those email messages. You may continue to receive communications within the App.
We may offer promotions sweepstakes or other offers (“Promotions”), from time to time. Each of these Promotions will have their own rules and terms that you should review. Those terms will apply in addition to these Terms.
We are not required to give, and you are not required to accept, any offers we may promote through the Service. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to receive the offer. Some offers may be subject to taxes and other charges or restrictions which will be disclosed before you accept the offer. If you accept an offer you also assume all liability associated with that offer.
The Service may integrate with, or contain links to other websites or services (each, an “Additional Service”). Additional Services may be subject to other, Supplemental Terms that may be presented in connection with their use, and by using an Additional Service, you agree to the applicable terms and conditions.
Some Additional Services may be operated by Chariot or its related entities; others are not owned or controlled by us, (“Third Party Service”). We have no control over and, to the fullest extent permitted by applicable law, assume no responsibility for, the content, privacy policies, or practices of any Third Party Service. By clicking on links, you expressly relieve us from any and all liability arising from your use of any Third Party Service, or from the content of any Third Party Service. When using a Third-Party Service, you should be aware when you leave the Service and read the terms and conditions and privacy policy of each Third Party Service that you visit.
TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Service may use data from third party sources, such as maps and directions, to provide certain features. This data and other information may not always be accurate. We are not responsible for any data provided by third parties or your reliance upon the same. By using the Service’s location-based services, you also agree to be bound by the following terms:
If you use the Google Map functionality on this App, you agree to be bound by Google’s Terms of Use and Google's Privacy Policy. If the GPS feature on the mobile device is turned on (if it has such capability), your GPS data may be utilized to determine your location in order to fulfill your request for location services.
The Platform, and any content (images, logos, text, music, sounds, wallpaper, badges, etc.), data or software made available through or in connection with the Platform (including via related websites) (collectively, “Chariot Content”) is owned by us or used under license. Chariot Content is protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of Chariot Content, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to Chariot Content.
Subject to your compliance with these Terms and any other terms communicated in connection with specific Chariot Content, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to Chariot Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in Chariot Content.
If you violate any of the Terms, your rights will immediately terminate and we may terminate your access to any Chariot Content without notice and without any refund of fees, if applicable.
Any right or authorization granted to you by us is also subject to the following restrictions:
If you are not the bill payer for the mobile phone or device being used to access Chariot Content, you will be assumed to have received permission from the bill payer to use Chariot Content, the Service and its features.
Chariot and its employees and contractors do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “submissions”). Please do not send or provide any submissions in any form to Chariot or any of its employees or contractors.
To the extent you submit information or content to us (“User Submissions”), you understand and agree that they will not be treated in confidence by us except to the extent your User Submission contains personal information pursuant to the applicable Privacy Policy. You are solely responsible for your User Submissions and any consequences of posting or publishing them. You understand that many people from around the world will be able to see your postings and comments. You also agree that we and our third-party service providers may contact you via email about any submission.
You grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license to (a) use, copy, transmit, distribute, modify, create derivative works, adapt, delete, sub-license, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any commercial purpose (including, product, service or advertising).
The Chariot names, and all trademarks and logos displayed on the Service are owned or used under license by us. The unauthorized use of any trademark displayed on the Service or included in any Chariot Content is prohibited.
If you believe that any content on the Service infringes your copyright rights, please contact our designated agent for receiving such notifications in writing as follows:
Designated Agent:
DMCA Agent
Legal Department
450 Mission Street, Suite 400, San Francisco, CA 94105
1-888-735-5079
Email address: [email protected]
Your communication must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512.
Term. The term of this Agreement is indefinite.
Termination and Modification. You may terminate this Agreement and your User account at any time by email notice to us at the address listed below in the “Contact Us” section. We may terminate this Agreement and your User account at any time by written notice (including e-mail). Please note that merely deleting or uninstalling the Service on your device will not terminate this Agreement and may not sever all data connections.
If you violate any of the Terms, your rights will immediately terminate and we may terminate your access to the Service without notice and without any refund of fees, if applicable.
Chariot reserves the right to suspend or cancel the Service or your access to the Service, or remove or edit any features or content at any time in in our sole discretion.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE SERVICE OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, you have no contractual relationship whatsoever with any of our affiliates or service providers, and these Terms do not give you any rights against any of our affiliates or service providers.
You are not a third-party beneficiary of any agreement between us and any of our affiliates or service providers. None of our affiliates or service providers has any legal, equitable, or other liability of any kind to you under these Terms. In contrast, our affiliates, subsidiaries, agents, predecessors in interest, successors in interest, and service providers are intended beneficiaries of the protections contained in these Terms relating to, among other things, limitations regarding the Service and its use and limitations on liability.
By using the Service and any of its features including but not limited to Payment features and functionalities, you agree that you will defend, indemnify and hold harmless us, our officers, directors and our subsidiaries and affiliates, their respective distributors, , suppliers, licensors, partners and advertising and promotions agencies, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of the Service or Platform by or through you including : (1) any of its features or services; (2) your breach or alleged breach of these Terms or Payment Terms or the documents that it incorporates by reference; (3) any allegation that any materials that you submit to us or transmit through the Platform or to us infringe or allegedly infringe, the patent, copyright, trademark, proprietary or other rights of third parties; or any other activities in connection with the Platform. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
The Service and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. The Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Platform and/or the Service, including the ability to provide or receive micro-transit services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We, our information and service providers, and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Service, the information, materials, content, availability, and products. We make no guarantee that any user feedback provided through the App or by any other means will be incorporated in any future versions of the App or in the Service. Any feedback you provide through the App or by any other means will be deemed to be non-confidential and not proprietary. We will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.
We do not warrant that your use of the Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Platform will be corrected, or that the Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Platform.
Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Platform by persons under the age of 18 in violation of this Agreement.
Chariot is not responsible for the conduct, whether online or offline, of any User of the Platform or the Service. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Platform, you agree to accept such risks and agree that Chariot is not responsible for the acts or omissions of Users on the Platform.
You are responsible for the use of your User account and Chariot expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Chariot, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Platform may be accessible to Chariot and certain Users of the Platform.
Chariot advises you to use the Platform with a data plan with unlimited or very high data usage limits, and Chariot shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Platform.
This paragraph applies to any version of the App that you acquire from the Apple App Store. This Agreement is entered into between you and Chariot. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the App. Chariot, not Apple, is solely responsible for the App and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE, ANY THIRD PARTIES INVOLVED IN PROVIDING THE SERVICE AND/OR PLATFORM, AND ALL OF OUR AGENTS, OFFICERS, DIRECTORS, AFFILIATES AND SHAREHOLDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, UNAVAILABILITY, INCOMPLETENESS OR INACCURACIES RELATED TO THE OPERATION OF THE SERVICE, OR ITS INFORMATION, MATERIALS, CONTENT OR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, OR USE OF MONEY, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO ANY ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY OF ITS FEATURES, FUNCTIONALITIES, CAPABILITIES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PAYMENT FEATURES IS AT YOUR OWN DISCRETION AND RISK, AND NONE OF CHARIOT, ITS EMPLOYEES AND SUPPLIERS, OR THE PAYMENT SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF THE PAYMENT FEATURES, INCLUDING WITHOUT LIMITATION, ANY FAILURE TO COMPLETE TRANSACTIONS IN ACCORDANCE WITH YOUR INSTRUCTIONS.
SOME STATES DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS. THIS SECTION DOES NOT AFFECT, AND IS NOT INTENDED TO AFFECT ANY RIGHTS THAT A CONSUMER HAS THAT ARE NOT ABLE TO BE EXCLUDED UNDER APPLICABLE CONSUMER LAWS.
These Terms together with any additional terms to which you agree when using particular elements of the Service constitute the entire agreement regarding the Service. Unless and to the extent local law requires otherwise, these Terms are governed by, and construed in accordance with, the laws of the State of California (United States), without regard to any conflict of law provisions thereof. All lawsuits arising from or relating to these Terms shall be brought in the Federal or State courts located in San Francisco County, California.
Materials and information provided on or through the Service, including but not limited to prices, features, products or services, may not be available outside the U.S. If you choose to access the Service from outside the U.S., you do so at your own risk and are responsible for compliance with applicable laws. You agree to comply with all export and re-export control laws, restrictions and regulations or similar laws of your government in connection with your use of the Service, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Chariot under these Terms to any destination, entity, or person prohibited by any applicable laws or regulations of the U.S. or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
Further, because Chariot is based in the U.S., you represent and warrant that: (i) you are not located in a country that is subject to a government embargo, or that has been designated by any country’s government as a “terrorist supporting” country, and (ii) that you are not listed on any government list of prohibited or restricted parties as specified in the laws and regulations listed above.
This export control clause shall survive termination or cancellation of these Terms.
We may change these Terms, or the Service or any of its parts at any time. We will endeavor, but are not obligated, to alert you through the Platform of changes to the Terms. You agree that your use of the Service after any changes are implemented will constitute acceptance of such changes.
If you object to any changes to the Service or to these Terms, your sole recourse is to stop using the Service.
Entire Agreement. These Terms (including any supplemental or other terms referenced herein) constitute the entire agreement regarding the Service. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Severability, Waiver. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Assignment. We can assign these Terms in whole or in part to anyone we choose. You can't assign your rights or obligations under these Terms to anyone else without our prior consent.
Force Majeure. Neither we, nor our service providers will be responsible for the failure to provide the Service to you if caused by any of the following: any act or omission (including interruption of cellular service) of any service provider; system failures or shortages; damage to our-designated Customer Assistance Center, any land or wireless communications networks or the GPS system; acts of nature, labor strikes or war; unforeseen traffic congestion; or any other act or event that is outside of our reasonable control. UNDER ANY OF THESE CIRCUMSTANCES, WE MAY AT OUR OPTION SUSPEND OR TERMINATE ALL OR SOME OF THE SERVICES OR THESE TERMS WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY; MOREOVER, YOU WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT.
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
The Service may contain or rely in part on certain free, shared, or public library software (“Open Source Software”). Please refer to the following link: https://www.chariotsf.com/legal/oss-acknowledgements for any Open Source Software used in connection with the Service and any obligations or restrictions that may apply to the use of such Open Source Software.
The Service is operated by Chariot Transit Inc., 450 Mission St., Suite 400, San Francisco, CA 94105.
If you have any questions, comments, or claims regarding the Service you may contact us by going to https://www.chariotsf.com/faqs or contacting us at:
Email: [email protected]
Telephone:
1-888-735-5079 (U.S)
Available
Sunday 11 p.m. PST – Friday 7:30 p.m. PST
Saturday and Sunday 8 a.m. PST – 8 p.m. PST
Mailing Address:
Chariot Transit Inc.
450 Mission St.
Suite 400
San Francisco, CA 94105