Freewheel by PSterling, LLC

Terms of Service

Last Revised: November 21, 2019

  1. User Acknowledgment and Acceptance of Agreement

User Acknowledgement. This Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and PSterling, LLC, its subsidiaries, affiliates, representatives, agents, officers, and directors (“We,” “Us,” “Our,” or the “Company”) (each a “Party” and together the “Parties”). The Agreement includes the material terms and conditions that govern Your use of Our Services (Defined below).  When using particular Services, users shall also be subject to any local laws and rules applicable to such Services that may contain terms and conditions in addition to those in this Agreement.  

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. BY COMPLETING THE TRIP REGISTRATION PROCESS VIA OUR WEBSITE OR APP (“PLATFORM”) AND USING THE SERVICES, YOU ACKNOWLEDGE READING THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT, PLEASE DISCONTINUE THE USE OF THE SERVICES AND EXIT THE PLATFORM. YOUR REMEDY FOR DISSATISFACTION WITH ANY SERVICES AND/OR OUR PLATFORM IS TO IMMEDIATELY STOP USING THE SERVICES AND OUR PLATFORM. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY SERVICES AND/OR PLATFORM.  

Acceptance of Agreement. This Agreement is effective as of the date designated as “Last Revised” above. We reserve the right to change the Agreement from time to time without notice to You. We reserve the right to modify any information on pages referenced in any hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. You acknowledge and agree that it is Your responsibility to review this Agreement periodically and to be aware of any modifications. Your continued use of Our Services and/or Platform after such modifications will constitute Your acknowledgement and acceptance of the modified Agreement. You agree that modification to the Agreement does not create another opportunity to opt-out of arbitration or waiver of class action rights.

 

As used in this Agreement, reference to Our “Affiliates” includes, but is not limited to, our owners, subsidiaries, affiliated companies, subsidiaries, officers, directors, suppliers, partners, sponsors, advertisers, employees, and all parties involved in creating, producing, and/or delivering the Services.  If You have any questions or concerns regarding this Agreement, please contact Us via our website Contact-Us Page here: https://freewheel.xyz/contact-us or by phone at (800) 695-1409.

  1. Description of Services; Use of Services; Information Provided; Confidentiality.

Description of Services. We provide enterprise level rideshare dispatch tools, web-based applications, automated dispatch of rides by API, coordination between contracted partners and their platforms and customers or riders, sponsored ride marketing, and other services related to the foregoing (“Services”).  Our contracted partners (“Partners”) provide the ridesharing services and any related marketing offers and shall remain the sole and exclusive owners of such property (“Property”). Partners and individuals who use the Company’s Services or Platform pursuant to an Account (defined below) are collectively referred to herein as “Users.” Users are responsible for providing, at the User’s own expense, any technical equipment necessary to use the Services or Property such as a mobile device, Internet access (including payment of service fees associated with such access), and subscription to a cellular provider.  Separately, Users may be required to agree to any one of our contracted Partners’ terms including, but not limited to, Lyft, Inc. Terms of Service, found at https://Lyft.com/terms.

We reserve the sole right to either modify or discontinue the Services, including any features, at any time with or without notice to You. We shall not be liable to You or any third party should We exercise such right. Modifications may include changes in the pricing structure, the addition of fee-based services, or changes to limitations on Services. Any new features that enhance the then-current Services shall also be subject to this Agreement.

You understand and agree that temporary interruptions of the Services or Platform may occur as routine events. You further understand and agree that We may not have control over third party networks You may access in the course of the use of the Services or the Platform, and therefore, delays and disruption of other network transmissions are completely beyond Our control.

Use of Services. In order to use the Company’s Services, you must register for and maintain an active User account (“Account”). You must be at least 18 years of age to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by the Company. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account. You certify that You are familiar with the operation of the Services, and that You meet all necessary conditions to use the Services including, but not limited to, the behavioral, legal, mental and physical conditions. You represent and certify that You are at least 18 years of age.

Prohibited Use: You certify and expressly agree not to use the Services for the following situations:

If a User uses the Platform in connection with a ride sharing Partner of the Company, the following conditions shall apply:

  1. You agree to use caution when using the Services including, but not limited to, inspect the vehicle prior to entry to assess safety and usability.
  2. If the condition of the vehicle is not suitable for use, You shall not use the vehicle and report this incident as soon as practicable.
  3. If You realize that that vehicle is not safe while You are undertaking the ride, discontinue further use of the Services immediately and contact Our customer support.
  4. If defects, damage or other irregularities occur which may impair the continuation and/or safety of the ride, You must stop using Our Services and contact Our customer support immediately.
  5. Repairs are performed exclusively by the vehicle owner and are the sole responsibility of the vehicle owner.
  6. If the vehicle cannot be located at the location specified in the Platform, You must contact Our customer support immediately.  
  7. You are responsible for inspecting the vehicle and road conditions prior to use and prepare for any obvious and not so obvious dangers and/or hazards such as traffic, weather conditions, road conditions, pedestrians, other vehicles or similar environmental conditions that may make it risky to use the Services.
  8. You understand and agree that the Services available are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.  

You agree not to tamper with the Our Platform or any related web-based or App platform, its GPS or any technology.  We may suspend Your use of the Services at any time and/or demand the stoppage of the vehicle whether before or during the ride if any violations are determined or reasonably suspected.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE Communications. By entering into this Agreement or using the Platform, you agree to receive communications from Us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Us, or our Affiliates, may include but are not limited to: operational communications concerning your User Account or 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 Us and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY OPT OUT OF PROMOTIONAL CALLS OR TEXTS FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.

Information Provided. By agreeing to this Agreement, You certify that You are the user of the Services, that You will not share the log-in information with another individual, and that You will comply with all laws and regulations, as well as terms and conditions of this Agreement.  In addition, You certify that all of the information that You provided in Our Platform is Your current, legal, full personal information.  You may not allow any third party to use the Services while activated under Your Account. If you allow a third party to use the Services under your Account, You will be responsible for any outcomes such as injuries, claims, causes of action, traffic violations, costs and expenses, risks, and damages whether foreseeable or unforeseeable.  In case of any traffic violations reported to or observed by law enforcement, We may provide the authorities with the name and contact information of the User and/or customer who was involved.

Confidentiality.

(a) Definition of Confidential Information. “Confidential Information” means any non-public information that relates to the actual or anticipated business and/or products, research, or development of Company, its affiliates or subsidiaries, or to Company’s, its affiliates’, or subsidiaries’ technical data, trade secrets, or know-how, including, but not limited to, information regarding Company’s products or services and markets therefor, customer lists and customers, partner lists, rates of pay, pay stubs or compensation information, software, developments, inventions, technology, marketing, finances, and other business information disclosed by Company, either directly or indirectly, in writing, orally, or visually. Notwithstanding the foregoing, Confidential Information shall not include any such information which a User can establish (i) was publicly known or made generally available prior to the time of disclosure to the User; (ii) becomes publicly known or made generally available after disclosure to the User through no wrongful action or inaction by the User; or (iii) is in the User’s rightful possession, without confidentiality obligations, at the time of disclosure as shown by then-contemporaneous written records.

(b) Non-use and Non-disclosure. During and after the term of this Agreement, the User, any of its corporate parents, affiliates and subsidiaries and such entities’ owners, directors, officers, executives and employees (collectively, the “User Affiliates”), will hold in the strictest confidence, and take all reasonable precautions to prevent any unauthorized use or disclosure of, all Company Confidential Information and the User will not (i) use the Confidential Information for any purpose whatsoever other than as necessary for the performance of the User’s obligations under this Agreement, or (ii) disclose the Confidential Information to any third party without the prior written consent of an authorized representative of Company. The User and the User Affiliates may disclose Confidential Information to the extent compelled by applicable law; provided however, prior to such disclosure, the User and/or User Affiliates shall provide prior written notice to Company, so that Company may seek a protective order or such similar confidential protection. The User and/or the User Affiliates agree that no ownership of Confidential Information is conveyed to the User or the User Affiliates.  Nothing in this Section or otherwise in this Agreement is intended to or shall prohibit the User and/or the User Affiliates from (a) reporting violations of applicable law or regulations to or (b) participating in an investigation conducted by, or providing truthful information to, any government, regulatory, or self-regulatory agency or official in accordance with law, or from making other disclosures that are protected under the provisions of any applicable law or regulation.  The User and/or the User Affiliates do not need the prior authorization of the Company to make any such reports or disclosures and are not required to notify the Company that the User and/or the User Affiliates have made such reports or disclosures.  

  1. Limitation of Liability; Assumption of Risk; Indemnification

Limitation of Liability. Your exclusive remedy and Our entire liability, if any, for any claims arising out of Your use of the Services and this Agreement shall be limited to the amount You paid Us for the Services during the 12-month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH OUR PLATFORM, IF ANY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Our site or Platform may link You to third party sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and third parties are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to third parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied. Your use of the Services is done at Your own discretion and risk and with the understanding and agreement that You will be solely responsible for any injuries, medical conditions, death, or property damage to You and/or any third party.

YOU UNDERSTAND THAT RIDING IN A VEHICLE IS AN INHERENTLY DANGEROUS ACTIVITY.  In consideration of Us allowing You to participate in the Services, You agree to forever release and discharge Us and our respective affiliates, subsidiaries, agents, officers, directors, and employees on behalf of Yourself, Your spouse, Your children, Your parents, Your guardians, and Your heirs, assigns, personal representative and estate, and any and all other persons and entities who could in any way represent You.  

Assumption of Risk. YOU ACKNOWLEDGE THAT PARTICIPATION IN THE SERVICES ENTAILS BOTH KNOWN AND UNKNOWN RISKS THAT COULD RESULT IN SERIOUS INJURY OR DEATH AND THAT YOU ASSUME SUCH RISK TO YOU AND/OR ANY THIRD PARTY.  To the fullest extent permitted by law, You expressly and voluntarily hold harmless, release, acquit, and waive any claims against Us or any of our Affiliates (“Released Parties”), as well as waive any right or law or regulation that may preserve such rights to claims, and forever discharge Us and agree to hold Our respective Affiliates, subsidiaries, agents, officers, directors and employees harmless of and from all manners of action or omission(s), cause and causes of action, suits, debts, damages, judgments, and claims and demands whatsoever, in law or in equity.  In case of any incidents whether injurious to person or damaging to property, You must report such incidents as soon as safely possible but no later than 48 hours.  We reserve the right to charge You for Your role in any such incident.

Indemnification. You agree to defend, indemnify, and hold Us, Released Parties, and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use or misuse of the Services. We reserve the right, at Our own expense, to assume the primary and exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.

  1. Mandatory Arbitration and Waiver of Class Action

Mandatory Arbitration. USE OF THE SERVICES, THE PLATFORM AND/OR THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION. BY AGREEING TO ARBITRATION, EACH PARTY IS HEREBY GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.  

Waiver of Class Action. USE OF THE SERVICES, THE PLATFORM AND/OR THIS AGREEMENT IS SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO WAIVE CLASS ACTION RIGHTS, EACH USER AGREES THAT THE USER MAY BRING CLAIMS AGAINST US IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.

  1. Disclaimer of Warranties; Third Parties Transactions

ALL SERVICES AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICES AND THE PLATFORM MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICES AND THE PLATFORM AT ANY TIME WITHOUT NOTICE.

THE USE OF THE SERVICES, THE PLATFORM OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER AND/OR PHONE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through Your use of the Platform, You may have the opportunities to engage in commercial transactions with third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and/or delivery terms relating to such transactions, are agreed to solely between the seller of such merchandise and services and You.

THIRD PARTY TRANSACTIONS. WE MAKE NO WARRANTY REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. YOU RELEASE US FROM ANY CLAIMS RESULTING FROM YOUR PARTICIPATION IN SUCH TRANSACTIONS. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Under no circumstances will We or Our affiliates be liable for any loss or damages caused by Your reliance on information or advice obtained through the Platform, including Your use of any information. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through the Platform. In particular, You are urged to consult an appropriate professional licensed in Your jurisdiction before relying on any legal, accounting, or other professional advice or information obtained on or through the Platform.

  1. Governing Law and Venue

This site and Platform (excluding any linked sites) is controlled by Us from our offices within the State of Nevada, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Nevada, by accessing this site both of Us agree that the statutes and laws of the State of Nevada, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and Platform and the purchase of products and services available through this site and Platform. Each of Us agrees and hereby submits to the exclusive personal jurisdiction and venue of the 8th Judicial District Court, Clark County Nevada and the United States District Court for the District of Nevada located in Las Vegas with respect to such matters.

  1. Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement and understanding between Us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.

  1. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Charges will be inclusive of applicable taxes where required by law. All Charges and payments will be enabled by the Company by using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by the Company.

As between you and the Company, the Company reserves the right to establish, remove and/or revise Charges for any or all Services obtained through the use of the Services at any time in the Company’s sole discretion. The Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. The Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. The Company may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third-Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and the Company may collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such Services and Charges you incur will be owed to the Third Party Provider. In all other cases, Charges you incur will be owed and paid directly to the Company or its affiliates, where the Company is solely liable for any obligations to Third Party Providers.

We accept credit or debit card payments that are processed through our payment portal.  We do not accept cash, checks or any other method of payment.  By agreeing to use the Services, You represent and warrant that You have the legal authorization to use such payment method.  Please note that You are the only individual responsible for making payments to the credit or debit card company or third party, if applicable, for any and all charges and related fees.  

  1. Refunds

You may cancel Your use of the Services at any time upon written notice to Us.  All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Platform, any disruption to the Platform or Services, or any other reason whatsoever. Notwithstanding the foregoing, the Company may, in its sole discretion, issue any credits or refunds.  

  1. Image and Likeness

By agreeing to this Agreement, You knowingly, voluntarily and irrevocably, give Your consent to Us and our affiliates, subsidiaries, successors and assigns, to use Your appearance and/or voice in photographs, videos, and other recording related to Your use of Our Services, including any rights, copyright, title, and interests, for any commercial purpose in perpetuity and waive, release and discharge Us and Our affiliates, subsidiaries, successors and assigns from any and all claims related to defamation, privacy, security, right of publicity, infringement of intellectual property or violation of any right granted by You under this Agreement.

You understand that the Company has an absolute and irrevocable right to use my name, quotes and/or photos and images on the Company Platform, the Internet, social media, in print publications, video and multimedia presentations, and/or for any purpose which may include, but not limited to display, public relations, marketing, or designs.  You hereby waive the right to inspect or approve the images, quotes and/or my name prior to any form of usage.  You understand that the images may be modified to be used as design elements. This Agreement is a permanent licensing agreement that allows the Company to use any images, quotes and/or my name for any publishing purposes in the promotion of the Company.  You will not hold the Company responsible for any use or misuse of my name, quotes and/or the images.  You agree to indemnify and hold harmless, the Company from any and all actions, claims, and demands a rising out of or in connection with the use of all or any part of the photographs (including computer images or reproductions of any kind), including any editorial or comment which may accompany the images in their displayed format and/or my name.  You will not hold the Company liable for any errors, negligence, or gross negligence, in the editing or displaying of said images, quotes and/or in the use of Your name. You waive, release and relinquish any right to examine or approve the photographs or the use to which they are put, or any editorial copy, advertising copy or printed material which may be used in conjunction therewith, or the use to which it is applied. You also agree that any printed material or information which I furnish regarding the photographs may be used in connection with the applicable photographs.

  1. Termination of Use

You agree that we may, in Our sole discretion, terminate or suspend Your access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons, Your right to use the Services available immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in this connection.

If during the use of the Services, You use any third-party software or service such as Google Maps API or Lyft, Inc. API, You agree to be bound by such third-party terms and conditions.

  1. Intellectual Property

Copyright © 2019 PSTERLING, LLC. All Rights Reserved.

 

For purposes of this Agreement, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other materials and services that can be viewed by users on Our site. This includes, but is in no way limited to, message boards, chat, and other original content.

 

By accepting this Agreement, You acknowledge and agree that all content presented to You on the site, Platform, and the technology within the Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Ours and/or Our affiliates. You are only permitted to use the content and Services as expressly authorized by Us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site or Platform in any form or by any means without prior written permission from Us or the specific content provider, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site or Platform. Any unauthorized use of the materials appearing on this site or Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Neither We nor Our affiliates warrant or represent that Your use of materials displayed on, or obtained through, this site or Platform will not infringe the rights of third parties.  The following are registered trademarks, trademarks or service marks of Ours or Our Affiliates: All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Ours or Our affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants You any right to use any trademark, service mark, logo, and/or Our name without Our consent by one of Our authorized representatives. Certain of the ideas, software and processes incorporated into the Service and the site and Platform are protected by patent applications in the United States.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement:

         

PSterling, LLC

Attn: Copyright Infringement

1180 Monte De Lux Way

Henderson, NV 89012

(800) 695-1409

Any notice of claimed infringement (“Notice of Claimed Infringement”), which must include:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
  2. identification of the copyrighted work or works claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
  4. information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address);
  5. a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
  6. a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Your acknowledge and agree that upon receipt of a not Notice of Claimed Infringement, We may immediately remove the identified materials from our site or Platform without liability to You or any third party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  1. Notices

All notices to Us shall be in writing and shall be made via our website Contact-Us Page here: https://psterling.com/contact-us. Notices to You may be sent either to the e-mail address supplied for Your Account or to the address supplied by You as part of Your Registration Data. In addition, We may broadcast notices or messages through the site or Platform or Your email to inform You of changes to the site or Platform or other matters of importance, and such broadcasts shall constitute notice to You.

 

Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) on the delivery date if transmitted by confirmed e-mail; or (6) on the delivery date if transmitted via notices, notifications or messages through the Company site or Platform.

  1. Acceptance of Terms

By entering into this Agreement, and/or by using or accessing the Platform you expressly acknowledge that, You have full capacity and authority to enter into this Agreement, that You have read this document prior to executing same, and that You understand that the Company, will rely on this Agreement.  You agree that good consideration exists for my execution of this Agreement, without any payment or other grant of right.  This Agreement shall be binding upon me and my heirs, legal representative, successors and assigns. You certify that You are at least 18 years of age or older.  You have read this Agreement and fully understand the contents herein including without limitation the arbitration and waiver of class action provisions.    

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