Terms and Conditions | Global
The following terms and conditions are only valid for countries outside of the european union.
Right-Click Solutions, Inc. (d/b/a RideAmigos Corp.)
Pave Commute Terms and Conditions of Service 2021
These Terms of Service (the “Terms of Service” or “Terms”) govern your access and use of the Pave Commute app and platform, including for example and among other things, the Pave Commute engagement app and management platform (the “Services”) and your relationship to Pave Commute as pertains to these Services. By accessing or signing on to a site or app powered by Pave Commute these Terms of Service apply to you as a User of the Services.
These Terms and Conditions are applicable only to Pave Commute, “the Services,” and are not applicable to any other product within the Right-Click Solutions suite of solutions. If you are a user of Pave Commute and other Right-Click Solutions products, please see the Terms and Conditions of the other respective products.
These Terms of Service are a legally binding contract between you and us. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Terms of Service, you confirm that you have read, understand and agree to be bound by the Terms of Service. “We”, “our” and “us” currently refers to Pave Commute. “You”, “you”, “Your”, and “your” refers to you as an individual granted access to the Services.
User Access and Authorization
An organization or other third party or person that we refer to in these Terms of Service as “Customer” has invited you to join the Pave Commute Services. If you are joining your employer’s commuter program, Customer is your employer.
If you are an administrator on behalf of an organization that is a Pave Commute customer, then you may designate Authorized Users of your organization’s account, and by using the Services, you confirm that you are authorized by your organization to do so. Those Authorized Users will have the ability to access your organization’s account and to take any actions that users are authorized to take under this Terms of Service and any applicable Customer Contract.
Pave Commute reserves the right to deny or bar access to the Services to any third party or person, including to any unauthorized user, or any user who Pave Commute has reason to believe is in breach of this Terms of Service.
Customer has separately entered into an agreement with us (the “Contract”) that permits the Customer to make the Services available to its employees, associates and other authorized individuals (each individual granted access to the Services, including you, is an “Authorized User”). The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its program(s). As an Authorized User, you will be prompted to enter personal information, such as but not limited to, your name, your address, and contact information (“User Data”). As an Authorized User, you understand that Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign account management access, or update program details, and these actions may result in the access, use, disclosure, modification or deletion of certain or all User Data. All such decisions shall be made by the Customer exclusively and you should contact the Customer directly for additional questions and information concerning such matters.
Eligibility
You represent and warrant that You are at least 18 years old. By using our Services, You represent and warrant that You have the right, authority and capacity to enter into these Terms of Service and to abide by these Terms of Service.
Registration
In order to gain access to certain Services, You may need to register as an Authorized User. You represent that all information You provide during the registration process and at any time thereafter (“Registration Information”) will be true, accurate, complete, and current and that You will promptly update Your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. Pave Commute may use all Registration Information, subject to compliance with our Privacy Policy that can be found at https://rideamigos.com/privacy (the “Privacy Policy”). These Terms of Service include terms and conditions set forth in the Privacy Policy. By indicating Your agreement to these Terms of Service, You are consenting to have Your personal information used by Pave Commute as set forth in the Privacy Policy.
Termination
Pave Commute or Customer may terminate your right to use the Services, with or without cause at any time in its sole discretion, including, without limitation, upon your violation of these Terms of Service. In the event of termination, all representations, warranties, covenants, indemnifications, and promises made by you shall survive any such termination. Upon termination of Your registration as a user, You will no longer be allowed access to such Services.
Username and Password
As part of the registration process, You may be asked to select a username and password. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is overly vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of Your username and password and agree not to transfer or resell Your use of or access to the Services to any third party. If You have reason to believe that Your account is no longer secure, You must promptly change Your password by updating Your account information and immediately notifying us by email. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that result from use of your username and password
Intellectual Property Rights; Trademarks
The Services, and their entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, media, and the design, selection and arrangement thereof), are owned by Pave Commute, its licensors or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to any part of the Services is transferred to you, and all rights not expressly granted to you in this Terms of Service are reserved by Pave Commute.
Without limiting the foregoing paragraph, the name Pave Commute, the Pave Commute logo and all other trademarks, logos, product and service names, designs and slogans ("Marks") displayed on or throughout the Services are trademarks of Pave Commute or its licensors. You must not use any Marks for any purpose without prior, written permission from Pave Commute or its applicable licensor.
User Content; Consent to Use Data
Pave Commute offers you the ability to submit or post content through your use of the Services, and your submission of reviews of our Services through us or third party platforms. Any User Content submitted must be in strict compliance with this Agreement. You shall be solely liable for any User Content you submit or transmit using the Services. "User Content" means video, images, text, comments, interactive features, messaging functions (peer-to-peer messaging), user profile data and presentation and personal profile pictures, app store reviews (including the public-facing user name as it appears with the review), audio recordings and other content, that you upload, post or transmit (collectively "submit") to the Services or any of our social media pages or by providing a review through a third party service. We do not, and cannot, pre-screen or monitor all User Content. However, Pave Commute has the right (but not the obligation) to monitor your conduct and User Content submission and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. You represent and warrant that you own or control all rights in and to all User Content that you submit through the Services, and you acknowledge that you, not Pave Commute, shall be liable for such User Content, including its legality, reliability, accuracy and appropriateness.
Any User Content you post or transmit through the Site or the Service may be visible to other Authorized Users within your organization’s account.
Pave Commute is under no obligation to review any User Content and assumes no responsibility or liability relating to any User Content. Pave Commute may block, reject and/or remove any User Content at any time.
Pave Commute has the right to cooperate with any law enforcement authorities or court order requesting or directing Pave Commute to disclose the identity or other information of anyone posting any materials on or through the Services.
Third Party Integrations
Pave Commute pushes users to third party apps, such as Google Maps, for trip execution. By agreeing to these Terms of Service, you understand that the Service’s basic functionality includes interacting with various third party apps and service providers. The Services or third parties may provide links to other Websites or resources. You acknowledge and agree that Pave Commute is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pave Commute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Prohibited Uses
In connection with Your use of the Services you agree not to:
Carpooling
When using Pave Commute, you are a part of a larger community of individuals. Pave Commute provides a means to enable people who seek a carpool ride to and from work ("Riders") to be matched with other commuters, like your co-workers and neighbors driving near or to those destinations ("Drivers"). We have certain expectations about what it means to be part of that community:
Drivers of Carpools
If you use the Services as a Driver, you further represent, warrant, and agree that:
Rewards
You may be able to redeem points for certain rewards from third parties that may be available through the Services from time to time (“Rewards”). Rewards are only available on a temporary basis and may change or become unavailable at any time and with no notice. Certain Rewards require you to click a link within the Services to be directed to a third party’s mobile application or website (“Affiliate Merchant”) and complete a purchase to earn the Reward. Any transaction between you and an Affiliate Merchant is between you and the Affiliate Merchant, and not Pave Commute. Pave Commute is not liable or otherwise responsible for the availability or unavailability of any Reward, or for any other matter between you and the Affiliate Merchant.
Points awarded through the Services are provided solely by Pave Commute. For example, points can be awarded for trips taken. At any time and in Pave Commute’s sole discretion, Pave Commute may (a) determine whether or not you are eligible to accrue points, (b) determine whether or not you have earned points, or (c) adjust your points total. BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY AFFILIATE MERCHANT OR CUSTOMER WILL BE LIABLE FOR THE AVAILABILITY OR UNAVAILABILITY OF EARNED POINTS OR ANY REWARDS.
Liability
Assumption of Risk
Access to Pave Commute Services is granted by Customers and may include access to an open platform with unrestricted access to Authorized Users. Neither Pave Commute nor its Customers that offer you our Services have conducted background investigation or review of any kind or type, including without limitation, driver’s license checks, insurance checks, criminal records checks, sex offender status, or otherwise. If you decide to participate, you assume all risks for using this platform and/or participating in the Pave Commute Services.
You acknowledge that participation in the Services is an individual decision and that you are responsible for your use and operation of the Services. You understand that neither Pave Commute nor our Customers shall have any responsibility or liability for any claims, losses, expenses, fees, or damages resulting from your participation in the Services and/or any injury and/or death.
In addition, you acknowledge that sharing personal information, including addresses and contact information, is a personal decision that may affect, among other things, your personal security. You understand that giving such information to anyone, including individuals you may contact through the Services such as this, requires care and taking safeguards to assure your safety and the security of your personal information.
Hold Harmless
As a voluntary user of the Services, you agree that neither Pave Commute, our Customers, nor any of their respective employees, members, agents and officers shall be liable or responsible in any way for your death, any personal injury, loss or other harm to you or your property resulting from my use and/or participation in the Services.
You agree to indemnify, defend, and hold harmless Pave Commute and/or Customers and their officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party information providers to the Service, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney's fees, which are the result of, or are in any way related to, your use of the Service in violation of those Terms.
While Pave Commute offers personalized commute recommendations, Pave Commute shall not be held responsible nor liable for any incidents, occurrences, injuries, liabilities, damages, losses, or harm that derives from acting upon any recommendation. Any action You take is solely Your responsibility and you assume all risk, injury, and/or harm by accepting and acting upon any recommended commute mode, route, or method offered by the Services or any extension thereof.
Disclaimer of Warranties
Pave Commute makes no representations about the results to be obtained from using the Services. The use of the Services is at your own risk. The Services and the content are provided on an "as is" basis. Pave Commute disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Pave Commute makes no representation or warranty about the accuracy, completeness, security or timeliness of the services. No information obtained by you from the Terms of Service shall create any warranty not expressly stated by Pave Commute in these terms of service.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Pave Commute or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms, even if Pave Commute or any Customer has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states or territories do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states or territories, each party’s liability will be limited to the greatest extent permitted by applicable laws.
Notices re: Intellectual Property Rights (including Copyright)
Pave Commute respects and expects its users to respect the rights of copyright holders. On notice, Pave Commute will act appropriately to remove content that infringes the copyright rights of others. Pave Commute reserves the right to disable access to Services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe the Services or elements of the Services, infringe your copyright rights, Please contact Pave Commute's Copyright Agent at:
Pave Commute
PO BOX 7640:
Santa Monica, CA, 90406-7640:
Attn: Copyright Agent:
Please ensure your writing includes the following:
General Provision
Privacy Policy
Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.
Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Modifications
As our business evolves, we may change these Terms of Service or Privacy Policy. If we make a material change to the Terms of Service or Privacy Policy we will seek to provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by alerting you through the Services. You can review the most current version of the Terms of Service at any time by visiting this page, and by visiting our Privacy Policy. Any material revisions to these Terms of Service will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
Waiver
No failure or delay by either party in exercising any right under the Terms of Service, including the Privacy Policy, will constitute a waiver of that right. No waiver under the Terms of Service will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
Severability
The Terms of Service will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms of Service will remain in effect.
Assignment
You may not assign any of your rights or delegate your obligations under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of us in each instance. We may assign these Terms of Service in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Governing Law; Venue; Fees
In the event of any controversy or dispute between Pave Commute and You arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 60 days), then any party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law subject to compliance with the terms herein.
The Terms of Service and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Terms of Service or its formation, interpretation or enforcement.
Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
If the foregoing language shall not apply, regardless of the reason for same (pursuant to a determination made by a court of competent jurisdiction), then all parties agree as follows:
Arbitration Agreement, Class Action Waiver and Jury Waiver
Mandatory Binding Arbitration
The parties to these Terms of Service agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Services or these Terms of Service. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to any and all arbitrations under these our Service and/or the Terms of Service (despite any other choice of law provision).
Arbitration under these Terms of Service shall be conducted by the American Arbitration Association (the “AAA”) and the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address: 230 Pacific Street STE 202, Santa Monica, CA 90405
Class Action Waiver
To the fullest extent permitted by applicable law, arbitration shall proceed solely on an individual basis without the right for any disputes to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that this class action waiver is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
Waiver of Rights, Including to Trial by Jury.
By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. Both parties further agree that, whether a claim will be resolved in arbitration or in court, the parties both waive any right to a jury trial involving any claims or disputes.
Entire Agreement
The Terms of Service, including any terms incorporated by reference into the Terms of Service, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms of Service and any pages referenced in these Terms of Service, the terms of these Terms of Service will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the Terms of Service, the terms of the Contract will first prevail, followed by the provisions in these Terms of Service, and then followed by the pages referenced in these Terms of Service (e.g., the Privacy Policy).
Force Majeure
Pave Commute shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to: acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of Pave Commute.
Export Controls
The Services and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the “Services. You agree to comply with these laws, restrictions and regulations when downloading or using the apps. In addition, you represent and warrant that (i) you are not located in a country that is subject to the US government embargo, or that has been designated by the US government as a “terrorist supporting; country”, and (ii) you are not listed on any US government list of prohibited or restricted parties; and (iii) If you are a US federal government end user, our Service is a “Commercial Item”; as that term is defined at 48 C.F.R. §2.101.
Notice to Government End Users
Any services or mobile applications provided by Pave Commute or its affiliates installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
New Features and Modifications to the Service
We reserve the right to add or remove features or functions to the Services at any time. When installed on your mobile device, the Pave Commute engagement app will periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Term before you will be permitted to use any subsequent versions of the Services. You acknowledge and agree that any obligation we may have to support previous versions of the Services may be ended upon the availability of updates, supplements or subsequent versions of the Services. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Service.
Contacting Pave Commute
Pave Commute welcomes your questions and comments about usage terms, conditions, security and privacy. Please send any communication via email to hello@localhost The most recent versions of our Privacy Policy and Terms & Conditions are always available at https://rideamigos.com/privacy and https://pavecommute.app/terms-global respectively. Last updated and effective as of 2022/03/13