RIDER TERMS AND CONDITIONS
LAST MODIFIED: February 10, 2020
THESE TERMS AND CONDITIONS OF USE ( “Agreement”) is a binding contract between you, an individual user (“Rider”, “User” “you”, or “yours”) and MODA Shuttle LLC, a New Jersey limited liability company, and its successors and assigns (“we”, “us”, “our”, "Carrier", or “MODA Shuttle”) governing your use of the website and the Transportation Services provided by MODA Shuttle (the "Service").
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions, and currently our Transportation Services are limited to the States of New York and New Jersey. By using this Website or the Transportation Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are not 18 years of age or older, you may not use the Transportation Services without a parent or guardian accompanying you. MODA Shuttle does not seek to gather information from or about children under the age of thirteen (13) through the Service.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, the Transportation Services, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or all of the Service Website, to users, including registered users.
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 Service, or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. 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.
You are prohibited from violating, or attempting to violate, breach or alter the security of the Website or Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at MODA Shuttle’s sole discretion. MODA Shuttle reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
Booking A Ride
Create an account. View the schedule. Reserve your seat online.
Cancellations and Refunds
The fee for each Seat will be displayed on the Service. Fees are due and payable upon reserving a Seat.
Refusal To Transport
MODA Shuttle may, in its sole discretion, refuse to transport or may remove a passenger from any Vehicle for one or several reasons, including but not limited to: (i) failure by the passenger to comply with the rules of this Agreement or disobeying specific instructions given by the Vehicle’s driver, in the interest of safety; (ii) conduct of the passenger that in the judgment of MODA Shuttle or the Service Provider is or is known to be disorderly, disruptive, abusive, threatening, or violent or otherwise detrimental to the comfort or safety of the other passengers; (iii) appearance by the passenger that he/she is intoxicated or under the influence of drugs or alcohol to a degree that refusal or removal may be necessary for the safety of other passengers.
The tickets of any Rider refused passage or removed during a Ride under the provisions of this Section will be refunded to the Rider. Such a refund shall be the sole recourse of any Passenger refused passage or removed during a Ride. UNDER NO CIRCUMSTANCES WILL MODA SHUTTLE OR ITS SERVICE PROVIDERS BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE.
YOU MUST COMPLY WITH THE RULES FOUND AT https://www.modashuttle.com/faqs.
Third Party Materials
You understand that by using the Service, you may encounter data, information, applications, or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including content and Sponsored Goods (as defined below) from MODA Shuttle (collectively (including Third Party Materials), the “Content”), that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the Service, and rely upon any Content accessible through the Service, at your sole risk and that MODA Shuttle will not have any liability to you for Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
In addition, third party services and Third-Party Materials that may be accessed from, displayed on, or linked to from your device are not available in all languages or in all countries. MODA Shuttle makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. MODA Shuttle and its licensors reserve the right to change, suspend, remove, or disable access to such services at any time without notice. In no event will MODA Shuttle be liable for the removal of or disabling of access to any such services. MODA Shuttle may also impose limits on the use of or access to certain services at any time, in any case and without notice or liability.
Limitations On Use
Your rights to use the Service are expressly conditioned on the following:
You may access the Service for your personal and informational purposes only, and solely as intended through the provided functionality of the Service and as permitted under this Agreement.
Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Service.
Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without MODA Shuttle’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without MODA Shuttle’s express written consent:
altering, defacing, mutilating, or otherwise bypassing any app or MODA Shuttle software through, which the Service is made available; and using any trademarks, service marks, design marks, logos, photographs, or other content belonging to MODA Shuttle or obtained from the Service.
You agree not to bypass, circumvent, damage, or otherwise interfere with any security or other features of the Service (including Content and collectively, “Service Materials”) designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any aspect of the Service or Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the authorized features of the Service or Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by MODA Shuttle.
You agree not to use, display, mirror, frame, or utilize framing techniques to enclose the Service or the Content, or any portion thereof, through any other application or website, unless and solely to the extent MODA Shuttle makes available the means for embedding any part of the Service or the Content.
You agree not to access, tamper with, or use non-public areas of the Service, MODA Shuttle’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of MODA Shuttle’s providers.
You agree not to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including MODA Shuttle employees.
You agree not to provide any false personal information to MODA Shuttle.
You agree not to create a false identity or impersonate another person or entity in any way.
You agree not to create a new Account with MODA Shuttle, without MODA Shuttle’s express written consent, if MODA Shuttle has previously disabled an account of yours.
You agree not to solicit, or attempt to solicit, personal information from other users of the Service.
You agree not to restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users of the Service.
You agree not to use the Service, without MODA Shuttle’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation.
You agree not to gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
You agree not to post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
You agree not to interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
You agree not to violate any applicable federal, state, or local laws or regulations or the Agreement.
You agree not to assist or permit any persons in engaging in any of the activities described above.
Consent To Use Of Data
The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of MODA Shuttle and its licensors. Except for the limited license expressly granted by and to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted under this Agreement, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by a party hereunder are expressly reserved.
The Agreement is effective until terminated by you or MODA Shuttle. Your rights under this Agreement will terminate automatically without notice from MODA Shuttle if you fail to comply with any term(s) of this Agreement (including by violating any license restriction provided herein). Upon any termination of this Agreement, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the Website.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus/anti-malware protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION MODA SHUTTLE MAKES NO WARRANTY WHATSOEVER REGARDING THE SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY CARRIER, OR ANY OTHER PERSON ON CARRIER'S BEHALF.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
PLEASE READ THIS CAREFULLY. This Arbitration Agreement affects your rights in the event of a dispute. YOU AND MODA SHUTTLE AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to MODA Shuttle, to you via any other method available to MODA Shuttle, including via e-mail. The Notice to MODA Shuttle should be addressed to MODA SHUTTLE PO BOX 228 ATLANTIC HIGHLANDS, NJ 07716 (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and MODA Shuttle do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or MODA Shuttle may commence an arbitration proceeding as set forth below. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“Rules”), AS MODIFIED BY THIS AGREEMENT. VENUE FOR ANY ARBITRATION SHALL BE IN NEW JERSEY, COUNTY OF Monmouth. The Rules and AAA forms are available online at www.adr.org.
The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and MODA Shuttle agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions
YOU AND MODA SHUTTLE AGREE THAT YOU AND MODA SHUTTLE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
Decision Of The Arbitrator
Barring extraordinary circumstances, the arbitrator will issue his or her decision within one hundred twenty (120) days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of New Jersey in conducting the arbitration. In the event that a dispute related to the Service evidences a transaction involving interstate commerce, the United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
The foregoing provisions of this Dispute Resolution section do not apply to any claim in which MODA Shuttle seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by MODA Shuttle or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against MODA Shuttle, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
Improperly Filed Claims
All claims you bring against MODA Shuttle must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, MODA Shuttle may recover its attorneys' fees and costs incurred, provided that MODA Shuttle has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
In the event that MODA Shuttle makes any future change to these mandatory arbitration provisions (other than a change to MODA Shuttle’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to MODA Shuttle’s Arbitration Notice Address, in which case your account with MODA Shuttle and your ability to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
The laws of the State of New Jersey, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the United States District Court for the State of New Jersey or in the state courts of the State of New Jersey located in County of Monmouth, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of MODA Shuttle.
Consent To Electronic Communications
Waiver and Severability
Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MODA Shuttle as a result of this Agreement or use of the Service.
Contacting MODA Shuttle
You can contact MODA Shuttle LLC by email at email@example.com, or by U.S. mail at PO Box #228, Atlantic Highlands, NJ 07716.