DRYVER, LLC TERMS AND CONDITIONS
INCLUDING REQUIREMENT TO ARBITRATE DISPUTES
Welcome to www.dryver.com. Dryver, LLC (formerly known as BeMyDD, LLC) (“Dryver) owns and operates the Dryver website and the corresponding mobile applications (the “Dryver Platform” or the “Platform”).
Dryver is a referral service that provides information to you, about where, when, and from whom you may obtain driving services (a “Driver”) and the cost for those services. If you utilize one or more of the Drivers to whom we refer you, we will charge your credit card for that Driver’s services, or, if you have a corporate account with us, invoice you for that Driver’s services, and, in both cases, transmit payment to that Driver at an agreed upon rate. We offer referrals to Drivers on a “first come, first served” basis. We cannot guarantee that Drivers will always be available. Except in States where prohibited, all Drivers are independent contractors. Except in States where required, we do not employ any of the Drivers.
1.1 The “Services” we offer include referrals for:
A. Personal Driving Services
This Service includes referrals for the Personal Driver & Chauffeur Services, Designated Driver Services, Concierge Auto Services, Airport Transportation Services, Non-Emergency Medical Transportation Services, and Senior Transportation Services. For these transportation services, Dryver will refer you to a Driver who will be available for a specified time period (e.g., from 8:00 p.m. to midnight, or from 9:00 a.m. to 2:00 p.m.) to drive you in your vehicle from a starting point (e.g., your home or office) to one or more locations and then return you and your vehicle to the starting point. The cost for this Service will be based on an hourly rate (which varies by market) multiplied by the number of hours the Driver is available to you, including both Drive Time and Wait Time, rounded up to the nearest full hour, with a minimum commitment of two hours. “Drive Time” means the actual time elapsed while both a passenger and the Driver are in the same vehicle. “Wait Time” means the total time elapsed from when the Driver is handed the keys to the vehicle and when the Driver returns the keys to the vehicle to the Customer or the Customer’s agent, less any Drive Time.
B. Two Driver Pick-Up Services
This Service includes referrals for the Car Pickup Services and Event and Wedding Transportation Services. Dryver will refer you to one or more two Driver teams who will (i) meet you at a specified location and drive you in your vehicle to a separate destination or (ii) who will standby at an event location and be available to transport event attendee(s) and their vehicle(s) home upon signature of a Limited Services Agreement. The cost for this service varies by market, but will be based on a flat rate plus a mileage charge plus a commute time charge (which includes both Drive Time and Wait Time).
1.2 A Customer or a passenger must have the right to utilize the vehicle to be operated by the Driver. If the individual to be transported by a Driver is not a Customer, the individual must sign a Limited Services Agreement provided by the Driver prior to being transported. That agreement may be signed either physically or electronically.
1.3 Use of Dryver’s Services does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between Dryver and the Driver. No Driver is authorized to amend this document or to enter into or commit Dryver to any agreements.
2. Opening an Account
2.1 To utilize Dryver’s Services, you must register as a Customer and obtain an Account. A “Customer” is the person or entity that utilizes any part of the Dryver Platform or Dryver’s referral service. An “Account” is an electronic record we maintain that is associated with your name and contact information. The Account will record information that you provide to us about you, as well as information about your use of our Services, including billing and payment information.
2.2 To register as a Customer and open an Account, you must provide us your name, address, mobile telephone number, e-mail address, credit card information, proof of insurance, and any other information we reasonably request for our records. This information can be submitted via Dryver’s mobile application, our website (www.dryver.com) or by calling 1-877-823-6933 during our normal business hours (currently 10:00 a.m. ET until 9:00 p.m. ET (Mon. – Sat.) and 10:00 a.m. ET until 6:00 p.m. ET (Sundays)). You must keep your credit card information current. Please provide us with updated credit card information at least 30 days before your current card expires. You may not use our Services without a current credit card being on file with us.
2.3 Upon registration, you will receive an Account name and will select a password for online access to your Account. You are solely responsible for maintaining the confidentiality of your password. You will be liable for any usage of your Account and all charges associated with that usage. If your password is compromised, or if you become aware of any unauthorized usage of your Account, you must notify us immediately so that your Account can be suspended and a new Account activated for you.
2.4 By registering as a Customer for Dryver’s Services, or by using the Dryver Platform, you are agreeing to these Terms and Conditions and you are creating a contract between you and Dryver. It is important for you to read this document in its entirety so that you understand all of the obligations to which you are agreeing. By registering and using Dryver’s Services, you acknowledge that you have read and understand these Terms and Conditions and that you agree to be bound by them. These Terms and Conditions (this “Agreement”) constitute a binding contract between you and Dryver.
2.5 When you register as a Customer, you warrant that you are at least 18 years of age or of legal age to form a binding contract with Dryver, that you will use Dryver’s Platform in accordance with this Agreement, and that all information you supply to us as part of the registration process or at any other time is true, accurate, current, and complete. We retain the right at our sole discretion to deny or revoke your access to the Dryver Platform and the Services, at any time and for any lawful reason, including, but not limited to, if you misuse the Services in any way, if you are abusive to a Driver or any Dryver employee, if you breach this Agreement, or for any reason Dryver deems appropriate to protect its business interests.
2.6 Dryver may modify the terms of this Agreement by posting updated terms and conditions on its Platform. Your continued use of the Platform after the date that the terms and conditions have been updated will reflect your agreement to those new terms and conditions.
3. Fees and Costs.
3.1 We will charge you a combined rate for our fees and the fees for the Driver’s services. Rates are based on the type of services for which you are requesting a referral. Our rates will be adjusted from time to time to reflect market conditions as we determine in our sole discretion. The current rate schedule is available through the Platform. We may adjust those rates at any time by posting a new rate schedule on the Platform. The new rate schedule will apply to all reservations booked after the schedule is posted. All rates are stated in U.S. Dollars. Our published rates do not include taxes. We will add taxes to your charges where required by law.
3.2 Customer will be responsible for paying any tolls or parking fees required during the use of the Driver’s services, and will be responsible for any tolls incurred by the Driver to travel to Customer’s location prior to commencing the Driver’s services.
3.3 Although Corporate Customers will be required to provide us with credit card information to secure payment for Services, we may enter into alternative payment arrangements with a Corporate Customer. A Corporate Customer is an entity that uses our Services for its officers, directors, employees, consultants or other agents. Upon request, and with our consent, we will separately invoice a Corporate Customer for Services and the Corporate Customer may pay for Services other than through a credit card. Payment will be due within seven days of the invoice date. Late payments will bear interest at the rate of 1.5% per month, but not to exceed any limit imposed by applicable law. Dryver will be entitled to recover all costs of collection, including legal fees, for collecting any late payments.
4.1 After your request for Services has been confirmed and the Driver has been provided a start time, you may still cancel or revise a request for Services without charge provided you do so more than four hours before the Driver is schedule to arrive. If you cancel or revise your request for Services less than four hours before the Driver is scheduled to arrive, you will be charged and the Driver will be paid for two hours of transportation services at the rate applicable for the market in which the start point is located. To cancel or revise a request for Services, you must call a customer service representative at 1-877-823-6933 or, when available, use our mobile app.
5. Customer Conduct.
5.1 You must comply with all applicable federal, state, local, and international laws and regulations when using the Dryver Platform or using transportation services arranged through the Platform. You may not impose an unreasonable or disproportionately large load on our Platform; use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Platform; or decompile, reverse engineer, modify, or disassemble any of the software on the Platform. You must cooperate with us to prevent any unauthorized hacking of the Platform or unauthorized use thereof. You may not exploit software errors to manipulate the Platform. You may not use Dryver’s Platform to publish, disseminate, or submit any disparaging, derogatory, defamatory, offensive, or illegal material. If your Account shows signs of fraud, abuse, or suspicious activity, we may suspend or cancel any Account associated with your name or email address. If you have engaged in fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs, attorneys’ and expert fees, and damages.
5.2 You must treat the Driver with courtesy and respect. You may not harass the Driver or engage in inappropriate conduct towards the Driver in any way. You may not verbally abuse the Driver. You may not ask the Driver to engage in any unsafe or illegal conduct, including, but not limited to, asking the Driver to:
- operate the vehicle in unsafe weather conditions;
- drag race, speed or race with another vehicle:
- engage in conduct that is or assists with any illegal or improper activity or purpose or is the commission of any crime;
- to transport a number of passengers in excess of the vehicle’s seating capacity;
- to transport baggage or other items that would cause the vehicle to exceed the manufacturer’s recommended or legal weight limits;
- to transport hazardous, toxic, flammable, dangerous or illegal materials;
- to tow or push any trailer, car, boat or other vehicle, unless the vehicle is equipped to do that activity and the Driver is qualified to do so;
- to operate the vehicle on unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- operate the vehicle in any other imprudent, negligent, abusive or abnormal manner, as determined by the Driver in the Driver’s reasonable discretion.
6. Exclusion of Warranties and Limitation of Liability.
6.1 DRYVER IS A REFERRAL SERVICE. IT PROVIDES A PLATFORM TO CONNECT YOU WITH A DRIVER SO THAT THE DRIVER CAN PROVIDE SERVICES TO YOU. DRYVER DOES NOT PROVIDE TRANSPORTATION SERVICES. DRYVER IS NOT A COMMON CARRIER. DRYVER DOES NOT CONTROL THE DRIVER. DRYVER IS NOT RESPONSIBLE FOR THE DRIVER’S ACTS OR OMISSIONS, WHETHER THEY ARE INTENTIONAL OR NEGLIGENT. DRYVER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DRIVERS. BY UTILIZING A DRIVER TO PROVIDE SERVICES TO YOU, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE DRIVER’S SERVICES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6.2 DRYVER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ITS SERVICES OR THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
6.3 DRYVER IS NOT LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY USE OF ITS SERVICES, REGARDLESS OF ITS NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT), EVEN IF DRYVER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 DRYVER IS NOT LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY USE OF A DRIVER’S SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO A VEHICLE THAT OCCURS WHEN PARKED AS DIRECTED BY CUSTOMER, ANY SICKNESS OR ILLNESS CONTRACTED FROM A DRIVER, INCLUDING ANY VIRAL INFECTION, ANY ITEMS LOST OR STOLEN, OR ANY DAMAGE THAT MAY OCCUR TO THE VEHICLE WHILE IT IS UNDER THE DRIVER’S CONTROL.
6.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7.1 At all times that you are using Dryver’s Services, you must have insurance against any and all liability that may arise out of you permitting the Driver to utilize your vehicle to provide services to you or someone else (“Customer’s Insurance”). The Customer’s Insurance must have limits at least equal to the minimum coverage required by the State in which the services are to be provided by the Driver. To the extent permitted by law, the Customer’s Insurance, including any excess coverage that the Customer may have, will at all times be the primary insurance to cover any accidents involving the Driver, the Customer or the vehicle during either Drive Time or Wait Time, regardless of whether or not the Driver is at fault for the accident. Although Dryver and the Driver may also have insurance, to the extent permitted by law, Customer may not rely on those policies for any purpose (regardless of the language in the various insurance policies). Customer will be liable for any damages that are not covered by Customer’s Insurance.
7.2 You must provide your Driver with proof of Customer Insurance prior to each time you utilize the Driver’s services. If you are asking the Driver to operate a vehicle you do not own, you must have insurance covering the potential liability to the vehicle, any individuals in the vehicle, or any third party that may be involved in an incident. If necessary, you should purchase coverage from the rental car company if the car is a rental. If the insurance purchased from the rental car company does not cover the extent of the liability, you will be responsible for any excess liability.
8.1 You will defend, indemnify, and hold harmless, Dryver and its officers, directors, equity holders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your acts or omissions, or any claims brought by an individual for whom Dryver has provided Services that are billed to your Account. We will promptly notify you by electronic mail of any such claim or suit and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense, and choose our own legal counsel, but are not obligated to do so. This indemnification will survive any termination or expiration of this Agreement.
9. Procedure in Case of Accident or Injury.
9.1 In the event of an accident, injury, violation of law, or violation of the terms and conditions of this Agreement by any person, you must promptly notify Dryver, in writing, of the event, and provide a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages were incurred. Notice should be sent to email@example.com no later than 48 hours after the event. You must fully and timely cooperate with Dryver in any investigation of any incident you report or in which you are involved and any subsequent litigation. Cooperation may include, when relevant, release of any insurance information, medical information and/or tests, including your medical and law enforcement records, related to any incident.
10.1 By utilizing the Dryver Platform, you will be introduced to individuals who have contracted with Dryver to accept referrals from Dryver. Prior to including those individuals on our Driver list, we have invested time and money to investigate their background and to monitor their ongoing compliance with our requirements for Drivers. To protect that investment, we require that you agree not to circumvent our Platform by seeking to use any Drivers to provide transportation services unless you do so through the Dryver Platform. In addition, the Drivers who have contracted with Dryver for referrals have agreed to provide transportation services to Dryver’s Customers only in response to a referral from Dryver. Please do not ask them to breach their agreements with Dryver by contacting them directly. If a Customer utilizes a Driver in breach of this non-circumvention clause, the Customer must pay Dryver a $250 referral fee for each occurrence. Dryver also reserves the right to cancel a Customer’s Account for repeated violations, in addition to collecting the referral fees.
10.2 Any Customer that, after being introduced to a Driver through a referral from Dryver, employs a Driver on a full or part-time basis must pay to Dryver a placement fee equal to 40% of the Driver’s total first year’s compensation, but not less than $25,000.
11. Intellectual Property and Use of Information.
11.1 The content on the Platform, including all text, graphics, logos, button icons, images, audio clips, video clips, products, software, trademarks, copyrighted information, or any other material displayed on or contained within the Platform (collectively, the “Content”), and the collection, arrangement, and assembly of the Content, is the property of Dryver or its third-party licensors. You do not have nor does your use of the Platform give you any ownership interest in the Content. Any use of the Content that is inconsistent with the Platform’s purpose, including the reproduction, modification, distribution, transmission, republication, display, or performance, is prohibited.
11.2 Dryver respects the intellectual property of others. If you believe that Dryver has copied your work in a way that violates your rights, please provide us the information necessary to evaluate your claim and respond appropriately.
12. ARBITRATION and Applicable Law.
12.1 ALL DISPUTES BETWEEN YOU AND DRYVER RELATED TO THE SERVICES OR A DRIVER’S SERVICES, OR THAT RELATE TO THE PLATFORM, OR ANY ADVERTISING BY DRYVER, OR THAT OTHERWISE ARISE OUT OF THE COMMERCIAL RELATIONSHIP BETWEEN YOU AND DRYVER, INCLUDING THIS AGREEMENT, MUST BE RESOLVED AS FOLLOWS: IF YOU BELIEVE YOU HAVE A CLAIM AGAINST DRYVER, YOU MUST NOTIFY DRYVER OF YOUR CLAIM, AND PROVIDE DRYVER WITH ALL RELEVANT FACTS UNDERLYING YOUR CLAIM. YOU MUST ALLOW DRYVER TO HAVE 30 DAYS TO EVALUATE AND TRY TO RESOLVE YOUR CLAIM WITH YOU. YOU MUST COOPERATE WITH DRYVER’S REASONABLE REQUESTS FOR ADDITIONAL INFORMATION AND BOTH PARTIES MUST NEGOTIATE IN GOOD FAITH. IF DRYVER BELIEVES IT HAS A CLAIM AGAINST YOU, DRYVER WILL NOTIFY YOU OF THE CLAIM AND PROVIDE YOU WITH THE RELEVANT FACTS AND ANY ADDITIONAL INFORMATION YOU MAY REASONABLY REQUEST. BOTH PARTIES MUST ATTEMPT TO RESOLVE THAT CLAIM IN GOOD FAITH.
12.2 IF A PARTY’S CLAIM IS NOT RESOLVED WITHIN 30 DAYS OF THE INITIAL NOTICE, THE PARTY ASSERTING THE CLAIM CAN EITHER FILE AN ACTION IN THE SMALL CLAIMS COURT FOR THE JURISDICTION IN WHICH YOU RESIDE (PROVIDED THAT THE SUBJECT MATTER JURISDICTION OF THAT COURT DOES NOT EXCEED $10,000) OR SEEK TO HAVE THE CLAIM ARBITRATED. IF THE CLAIM IS PURSUED IN SMALL CLAIMS COURT, THE CLAIM MUST BE FULLY RESOLVED IN SMALL CLAIMS COURT. IF THE CLAIM IS PURSUED IN ARBITRATION, AND IF THE CLAIM IS NO MORE THAN $20,000, THE LOCATION OF THE ARBITRATION WILL BE IN THE COUNTY SEAT FOR THE COUNTY IN WHICH YOU RESIDE, UNLESS THE PARTIES AGREE TO A DIFFERENT LOCATION. IF THE CLAIM IS PURSUED IN ARBITRATION, AND THE CLAIM EXCEEDS $20,000, THE ARBITRATION WILL TAKE PLACE IN CLEVELAND, OHIO, UNLESS THE PARTIES AGREE TO A DIFFERENT LOCATION. NOTWITHSTANDING THE LOCATION OF THE ARBITRATION, THIS AGREEMENT WILL BE INTERPRETED BY OHIO LAW, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
12.3 ALL ARBITRATIONS WILL BE HEARD BY A SINGLE ARBITRATOR SELECTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND CONDUCTED IN ACCORDANCE WITH THE AAA’S COMMERCIAL ARBITRATION RULES. THE RULING BY THE ARBITRATOR WILL BE FINAL AND BINDING AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.
12.4 NEITHER PARTY MAY PURSUE ANY CLASS OR COLLECTIVE ARBITRATIONS EVEN IF PERMITTED BY THE AAA PROCEDURES OR RULES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN THIS AGREEMENT ARE NOT ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
12.5 IF YOU PROVIDE US WITH A SIGNED AND NOTARIZED AFFIDAVIT THAT YOU CANNOT PAY THE FILING FEE FOR A CLAIM YOU WANT TO PURSUE, DRYVER WILL PAY THE FEE DIRECTLY TO THE AAA, PROVIDED THAT THE FILING FEE DOES NOT EXCEED $5,000. THE ARBITRATOR MAY AWARD FILING AND ADMINISTRATIVE FEES TO THE PREVAILING PARTY, BUT EACH PARTY WILL BEAR ITS OWN LEGAL FEES.
12.6 IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND DRYVER UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
13.1 If any part of this Agreement is invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision in the future.
14.1 All notices should be sent to firstname.lastname@example.org. All other comments relating to the Platform can also be sent to email@example.com.
15. Force Majeure.
15.1 Dryver will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; epidemics, pandemics, war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server, or software, for so long as such event continues to delay our performance.
16. Term and Termination.
This Agreement is effective upon your Account being activated and will remain in force until terminated by one of the parties upon written notice to the other, with or without cause. Notwithstanding any termination of this Agreement, Customer will remain liable for all charges incurred prior to the effective time of the termination. In addition, Sections 6, 7, 8, 10, and 12 will survive the termination of this Agreement. //