Membership Agreement

Membership Agreement


Global Connect Enterprise, LLC d/b/a Ayride (“Ayride”) provides mobile ride sharing services at certain colleges’ universities and high schools in the United States by making mobile ride sharing services vehicles available to students and faculty who meet its membership eligibility criteria and are approved as members. This Ayride Mobile Ride Sharing Program Membership Agreement (the “Agreement”) describes how the ridesharing arrangement works, what will be provided by Ayride, and ayride’s and members’ rights and responsibilities. 
The steps involved in becoming a member and using the Ayride ride sharing services are listed below, all using the Ayride App or Ayride website:

Register to become a member of ayride colleges and high schools communities Ride Sharing program services from the app.
Approval of Edu College and high school email address by Ayride, subject to meeting its eligibility criteria, initially and on an ongoing basis.
Read, understand, agree to and registered the Program Rules (as defined below) available through the App (as defined below) and/or the Ayride website.

Users request rides by credit card or Members Become a driver of Ayride.com

1. Agreement.

1.1 Membership Agreement. This Ayride Mobile Ride Sharing Program Membership Agreement (the “Agreement”) governs the relationship and establishes the rights and responsibilities of Global Connect Enterprise LLC d/b/a Ayride (“ayride”), as the program owner and operator of, and you (“Member, students Riders, student Drive, authorized driver”), as a member of and participant in, the Ayride Mobile Ride Sharing program (“Ayride Ride Sharing”). The terms of the following documents are incorporated into this Agreement by reference, as in effect from time to time and as applicable to each particular program, city, service and/or feature described in this Agreement ((a) through (f) below are collectively referred to herein as the “Program Rules”): (a) the Ayride Technology Platform Privacy Policy (the “Privacy Policy”); (b) the Ayride Technology Platform Mobile Application and Website Terms of Use (the “Terms of Use”); (c) the “How it Works” document and/or the terms under the “How It Works” tab of the App (collectively, the “How it Works”), (d) membership/pricing fee information (collectively, the “Booking & pricing rate fees”), and (e) FAQs (collectively, the “FAQs”). In this Agreement, Members and Ayride may be referred to together as the “Parties” and individually as a “Party.” The term “App” as used in this Agreement will mean the version of the Ayride mobile application that is in use by Members from time to time in connection with Member’s use of Ayride Ride Sharing services.

1.2 Program Rules.
The Program Rules will be located on the App (under the “rules & regulation” tab), on the Ayride website, or on both the App and the Ayride website. Members will consult the applicable Program Rules (including the Pricing Terms) applicable to a specific Ride (based on the relevant factors of such Rides including, but not limited to, features chosen for such Rides, such as use of the Booking Feature (as defined below), prior to each Ride.

2. Membership.

2.1 Users Using Mobile Ride Sharing Services. Ayride will make student drivers available to student’s riders and/or Members for use in booking ride through mobile ride sharing transportation as provided in this Agreement. Members/student’s may book rides only on the terms of this Agreement and will not have or acquire any other right, title or interest in or to a student Drivers Vehicle. Ayride does not guarantee the use of a particular student Vehicle or that a Vehicle will be available for student Member’s booking at any given time, and Ayride may remove a student Driver Vehicle from use at any time at its sole discretion.

2.2 Membership Eligibility.
To be eligible as a student member user or student driver of Ayride Mobile Ride Sharing program, a student must meet Ayride Ride Sharing’s member eligibility criteria listed below (“Membership Criteria”) at the time of application and at all times thereafter:
Possessing a valid U.S. driver’s license and insurance if applicable;
Being at least sixteen (16) years of age if in high school to be a driver; and
edu or high school email address or member of the faculty
Having a clean driving record (as determined by Ayride in its sole discretion) which means that at minimum having none of the following:
any major violations in the past three (3) years;
any alcohol or drug related incidents in the past seven (7) years; and no
more than two (2) violations or accidents combined in the past three (3) years.
Prior to booking a ride or Becoming a Driver, student Members must have completed registration form and received verification of edu and high school email address approval of membership in Ayride Mobile Ride Sharing from Ayride. As part of the application process, student Members will provide a valid U.S. driver’s license if applicable to ayride and provide any other information requested by ayride to verify student Member’s identity, driving record and compliance with the Membership Criteria. Student Members represents that he or she meets and will continue to meet the Membership Criteria during the term of this Agreement (as provided in Section 11) and that he or she will report any change in his or her compliance with the Membership Criteria to ayride as soon as practicable, but no more than twenty-four (24) hours after such change.

Student Members Drivers authorize Ayride to obtain a Drivers Record Check on student Drivers. A “Drivers Record Check” means an investigation by ayride (either by itself or through a third party appointed by ayride) into student driver Member’s motor vehicle reports (“MVRs”) of any state in which Members has been licensed including, but not limited to, information on student Member’s driver’s license history, any suspensions, revocations or cancellations, and any citations, violations, points or convictions, which may be conducted initially as part of the membership application process and annually thereafter. Student Members consent to the results of such investigation being used to help make a determination regarding whether ayride approves student Members to participate in ayride Mobile Ride Sharing Services, and Members agrees to honestly and fully answer any additional or follow up questions ayride may have connected to the Driver Record Check. This Agreement will serve as Member’s signed, written consent to order MVRs. ayride, in its sole discretion, may deny membership in ayride Mobile Ride Sharing or terminate this Agreement if any Driver Record Check shows that Members fail to meet the 

Membership Criteria.

2.3 Authorized Student Drivers.
Notwithstanding the foregoing provisions of this Section 2, if Members are not able to drive or obtain a driver’s license due to a disability, student Members may not drive student members on ayride Mobile Ride Sharing services. Student Member’s only can ride and nor drive or operate and drive riders and such student members agrees, by signing this Agreement, to drive riders pursuant to the terms of this Agreement. Any Authorized Driver will provide all information, meet all Membership Criteria and make all representations that Members are required to provide, meet or make pursuant to this Agreement. In addition, a Non Licensed Member can book rides through app or ayride.com. Ayride will not be responsible for any fines, damage(s), penalties, or any other liabilities resulting from a student Member’s failure to provide accurate personal information regarding Members or Authorized Driver.

3. Booking a Ride.

3.1 Booking a Driver.
In order to book driver for a booking (each a “Trip”), Members will first book a ride by using the app.
If Members book driver available Vehicle by using the App, Members may book such drivers Vehicle using the App (“Vehicle”) with credit card information. Credit card information will be stored for future rides. Members may then access rides at any time.
3.2 Member Drivers of Ayride. Will receive ride request on their smart phones. Once riders make request booking on app.
3.3 Driver Inspection Prior to a Ride.
Before sitting in student driver vehicle. Student Member’s riders will conduct a “walk around check” of the student driver Vehicle exterior for state decal, permit on bumper, and a visual inspection of the student driver Vehicle interior to check for Ayride illuminating name on student driver dashboard and vehicle rear window. If student members don’t see Ayride illuminating name, state driving permit, or student driver t shirt with Ayride name. Don’t get into vehicle and call and report it to ayride by calling Member Customer Support @ (866) 632-1141 or by using the App/Website. If student Members are unable to report problems through the App/Website for any reason, Members must report problems to ayride by calling Member Customer Support at (866) 632-1141. If student members feel threating please call your local law enforcement immediate. Student Member Support will conduct investigation. The Members will incur additional costs if going beyond the applicable fees request for such ride use.
3.5 Parking. Student Drivers Members will comply at all times with the Parking Guidelines in their cities.
3.4 Trip/Ride Length and Radius. Rides/Trip length is at the student Member discretion.
 Members/Drivers must comply with all applicable municipal or private parking rules in the area in which a Drivers Vehicle is parked.
3.6 Only Member or Authorized Driver May Operate Drivers Vehicle. Only Student Drivers Members and an Authorized approve Driver with Ayride may operate a approve student driver Vehicle on our platform. If an unauthorized individual operates a student driver Vehicle at any time in use of riding student members, all insurance coverage furnished by ayride under this Agreement will be void.
3.7 Ending a Trip/Ride.
Student Members can rate each driver performance after trip ends on website or app.  
3.8 Removal of Personal Items. Student Members riders will remove all personal items and possessions from the student Drivers Vehicle at the end of each Trip/Ride. Ayride is not responsible for any lost, stolen or damaged property in or from a Vehicle. If Members or any passenger leaves any personal items in a Vehicle after a Trip/Ride has ended, ayride may attempt to retrieve the items and return them to Member; however, ayride is under no obligation to attempt to retrieve or return such items, and in no event will ayride be responsible for any damage(s) to or loss of such items. In addition, ayride may charge a fee to Member (in an amount determined by ayride in its sole discretion) to attempt to retrieve and return such items

4. Condition of Driver Vehicle.

4.1 Condition on Return. At the end of each Trip/Ride student Members Riders are responsible that there is no trash left in student driver’s vehicle and no personal items, left in the Vehicle; and (b) the driver Vehicle is not soiled or stained. Members will be responsible for all costs related to cleaning a Vehicle.
4.2 No Modifications or Repairs. Student Members and student Drivers may not remove any decal, sticker, permit, hanging tag or similar item from a student driver Vehicle without the express written permission of ayride. Student Members are not responsible for all costs, fees and charges that may be incurred by ayride (at its sole discretion) due to any modifications to a student driver Vehicle or removal of any decal, sticker, permit, hanging tag or similar item resulting from student driver Member.

5. Responsibility for Third Party Fees and Processing Fees.

Student driver Members are solely responsible for any and all fees, fines, tickets, citations, violations and tolls (including, but not limited to, parking, speeding or criminal offenses or violations) toll charges will be repaid to student driver. And any resulting or related fines, fees, expenses, penalties or other amounts due incurred while a student Drivers Vehicle is in driver Member’s possession (“Third Party Fees”). Student driver Members will report any Third Party Fee incurred during student driver Member’s drivers Vehicle within twenty-four (24) hours. Student driver Members will be responsible for payment of all Third Party Fees and may also be charged a reasonable estimation of ayride cost (or a third party company appointed by ayride’s cost) of administering the payment of each Third Party Fee (“Processing Fees”). Ayride may use third party companies to assist in the recovery of Third Party Fees or Processing Fees. Accordingly, Members authorize ayride to release information regarding Member’s participation in ayride Mobile Ride Sharing Servicing including, but not limited to, the credit card or debit card in student Member’s name provided to ayride (“Payment Method”), to such third party companies for the sole purpose of recovering Third Party Fees or Processing Fees. Processing Fee and rates amounts are subject to change from time to time and without notice. In addition to engaging with third party companies to assist in the recovery of Third Party Fees or Processing Fees, ayride may also provide student Member’s contact information and Payment Method to any party who assesses a Third Party Fee against Members in order for such party to recover such Third Party Fee from Members directly. This provision will survive termination of this Agreement. Ayride or a third party company engaged by ayride will attempt to notify Members regarding any Third Party Fees incurred by Members within thirty (30) days of Ayride being notified of such Third Party Fee(s). Third Party Fees and any related Processing and rate Fees will be charged to Member’s Payment Method contemporaneously with such notification. For the avoidance of doubt, Third Party Fees incurred during a Trip and related Processing Fees may be charged to the Payment Method at least thirty (30) days or more after the conclusion of such Trip and without advance notice. This is the case even if a Vehicle is equipped with a toll responder such as EZ Pass or GoodToGo

6. Prohibited Uses of Vehicles

6.1 Student driver Members
will operate all Vehicles in a safe and prudent manner. No Vehicle will be used or operated (by Members or by anyone else through an act or omission of Members) as follows:
Ayride logo or sign must be in or on student drivers vehicles at all times, regardless if student driver have student member riding or not.
by anyone impaired or under the influence of drugs, alcohol, or medication which may affect his or her ability to drive;
to propel or tow any trailer or other vehicle;
to engage in a speed test, race or contest;
to jump-start any other vehicle;
for purposes of motor sport;
for vehicle tests, driver training or safety exercises with Ayride sign inside Vehicle;
except in an emergency, upon roads other than paved public highways or paved or suitable graded private roads or driveways or over bridges posted for a maximum weight of three (3) tons or less;
without making a reasonable effort to ensure that all occupants including student Members are wearing their seatbelts and ensuring compliance with all applicable seatbelt laws;
for transporting any property deemed hazardous because of being flammable, explosive, fissionable or corrosive or any drugs or contraband material;
loaded beyond the manufacturer’s stated passenger capacity;
for carrying passenger’s other than in the interior of the Vehicle;
 for carrying more passengers than there are seatbelts in the Vehicle;
while operating devices that require one or both hands while driving, including, but not limited to, cell phones, mobile computers or devices that allow texting or without following any applicable local laws and regulations relating to mobile phone use;
while wearing any device that limits Member’s ability to hear, see, and otherwise judge driving conditions;
without following all applicable laws governing headphone use in vehicles;
for use as a for-hire vehicle as part of a transportation network company (“TNC”) or for any commercial purposes (including, but not limited to, use of the Vehicle for participation in a ridesharing service other than Ayride Mobile Ride Share Services);
to violate applicable law, commit a crime or participate in any other illegal activity;
under circumstances where false or fraudulent information was provided to ayride and ayride would not have rented or provided the Vehicle if ayride had instead received true information;
outside of the United States;
to smoke or vape any substance in;
to transport any animals except for any service animal of Members;
 to eat or drink in if such food or beverage may spill in the Vehicle; or
in any manner or for any use by which the Vehicle may become excessively soiled or by which trash will be left in the Vehicle.

7. Recharging and Refueling

7.1 Responsibility for Monitoring Sufficiency of Fuel. Student Member driver will monitor the sufficiency of Vehicle fuel or electric charge, as applicable, and ayride is not responsible if a Vehicle is inoperable due to a lack of fuel or electric charge.
7.2 Cost of Recharging and Refueling Vehicles Reserved Through the Reserve Feature. Student Member drivers are responsible for paying the cost of recharging or refueling, as applicable, for the remainder of the Trip/Ride.

8. Fees, Charges and Commission Payments.

8.1 Booking Fees, Rates and Payment Method Preauthorization. 
Ayride Rates:
  • Base Rate $1.00
  • Cost per Mile $1.40
  • Booking Fee $2.00
  • Minimum Fare $6.00
  • Cancelation Fee $6.50

Base Rate:
This is the flat fee that Ayride charges for each ride, It does not varies from state to state.
Cost per Minute: This is what Ayride charges for every minute from the moment the ride begins.
Cost per Mile: This is what Ayride charges for every mile drive.
Booking Fee: This is an extra fee that Ayride charges to cover its operational costs.
Minimum Fare: There is a minimum fare rate that is set to assure a certain level of income for Ayride driver. If the ride calculation comes in lower than the minimum fee, then rider will be charge the minimum price.
Cancelation Fee: This is the fee for canceling your ride request after the first 5 minutes.
Ayride has no surge charges.
No Primetime charges: No minutes per mile: All fees and rates are the same no matter the state hour or day or time or night. Ayride reserve the right to adjust fees at any time.
Commission: Student Drivers for Ayride compensation will be at 70% of rates
Ayride will keep 30% of overall rate and booking fee 
Example: if ride/trip total cost is $20.00 minus $2.00 booking fee: Student Drivers compensation 
will be $12.60 Ayride compensation will be $5.40 plus booking fee.

Ayride require that student Members Riders pay, contemporaneously with the execution of this Agreement, a (“Booking Fee”). The Booking Fee is not refundable for any reason, even if ayride ceases operations or no longer operates in a College Area. The Booking fee will be cover in the cost of any Trip/Ride. In addition, contemporaneously with the execution of this Agreement and separate from any other of Ayride Fees.

8.2 Trip/Ride Cost May Vary; Trip/Ride Prices May Increase or Decrease with Demand; Cancellation Fees. Fees may be incurred related to damage(s) by riders. A cancellation fee (in an amount as described in the Pricing Terms) may be assessed by ayride against student Members if student Members cancels a Booking later than 10 mins after booking a ride through the app or website.
8.3 Member’s Responsibility for All Amounts Due. In addition to the Booking fee, student Members and or student drivers are responsible for paying all other amounts due described in this Agreement including, but not limited to, Third Party Fees, any applicable amounts listed in the Pricing Terms, and all amounts for which Members are responsible in the case of damage, loss, bodily injury or third party claims as described in Section 9. If student Members/driver do not pay any amount for which Member is responsible in a timely manner, ayride may terminate this Agreement as provided in Section 11. This provision (and all of Section 8) will survive termination of this Agreement.
8.4 Method of Payment. Subject to applicable law, by entering into this Agreement student Member authorizes ayride (or a third party appointed by ayride pursuant to Section 5 or Section 8.8) to charge all amounts due under this Agreement to the Payment Method. Student Member is responsible for any credit card or debit card declination fees. Prepaid cards may not be used for payment. This provision will survive termination of this Agreement.
8.5 Late Payment Fee. All amounts due under this Agreement will be due immediately once incurred and student Members agree to pay all amounts promptly when they are due. If any amount due under this Agreement is not paid within thirty (30) days after the due date for payment, ayride may charge a late fee of the lesser of five percent (5%) of the late payment or the highest amount permitted by applicable laws, which is a reasonable estimate of Ayride’s costs in administering such late payment including any collections costs which include, but are not limited to, insufficient funds fees, reasonable attorney’s fees, and all court costs. This provision will survive termination of this Agreement.
8.6 Third Party Collection. Student Members agree that Ayride or any third party collection company whom ayride may appoint may access the personal information provided to ayride by Member (including but not limited to the Payment Method) in order to collect on any fees or any other amounts due under this Agreement that are not paid within thirty (30) days after the date due for payment and that ayride may provide such third party collection agents with any information regarding fees or any other amounts for which Members is responsible and any other information that ayride may determine is necessary at ayride’s sole discretion. This provision will survive termination of this Agreement

9. Insurance/Ride Share Gap and Liability.
9.1 Student driver Member’s Responsibility. To the extent permitted by applicable law, Ayride reserves the right to hold Members fully responsible for all damage(s), loss, claims and liabilities arising from student driver Member’s including, but not limited to: (a) Riders being assaulted by student drivers in student drivers vehicle, (b) Drivers/Riders loss due to theft, (c) physical damage resulting from vandalism, (d) bodily injury of Members, or a third party, (e) third party claims, (f) actual charges for towing, storage and impound fees paid by ayride, (g) administrative charges including the cost of appraisal and other costs and expenses incident to the damage or loss, (h). ayride will maintain insurance coverage in the amount of the applicable state motor vehicle minimum financial responsibility requirements covering student Member’s or student Driver’s use of a Vehicle, subject to certain exclusions and limitations as provided below and in the applicable insurance policies. The insurance coverage maintained by ayride may not be adequate to fully cover student Member’s liability. In addition, insurance laws may vary from state to state, and ayride recommends that student driver Members consult with his or her insurance agent before becoming a student Driver of ayride Mobile Ride Sharing Servicing. Student Drivers are encouraged to obtain personal insurance coverage that covers Student Drivers liability comp/collision coverage..
9.1b Ride Share Gap Coverage:
student driver must have ride share gap coverage for now. Ayride will provide this coverage in the future.
9.2 Exclusions and Limitations. To the extent permitted by applicable law, the exclusions from insurance provided by ayride may include, but are not limited to: (a) damage to a student Drivers Vehicle, (b) losses arising from: (1) student Member’s or student Driver’s criminal, willful or grossly negligent action or omission in the operation of a Vehicle or in connection with participation in ayride Mobile Ride Sharing Servicing , or (2) the use of a student driver Vehicle in Member’s possession in violation of this Agreement or the Program Rules, or (c) any person’s lost, stolen or damaged property in or from a student drivers Vehicle.
9.3 Indemnity. To the extent permitted by applicable law, Student Members/Driver will defend, indemnify, hold harmless and reimburse ayride and its directors, officers, shareholders, employees and agents from and for all damages, losses, costs or expenses, including attorneys’ fees, incurred by any of such parties or paid by any of them to any person in respect of a student Member’s/Drivers liability (the “Indemnification Obligation”). The Indemnification Obligation may differ depending on the state in which Members/Drivers begin a Ride as described in the state addenda paragraphs beginning in Section 16 below.
9.4 Reporting of Accidents. Student driver and student Members will report the occurrence of any accident, damage or loss, including theft, of a student driver Vehicle while in Member’s service to ayride and to the local law enforcement agency as soon as Members become aware of such incident; however, at minimum Members will report any such incident to ayride or the police no later than twelve (12) hours after learning of such incident. As part of such report, Members will provide a written description of the incident and the insurance information of the other parties involved, if applicable. Members will promptly provide a copy of such report to ayride. Members will make a reasonable effort to obtain evidence from any witnesses to the incident, if applicable.
9.5 Cooperation with Loss Investigation. Members and Authorized Drivers agree to fully cooperate in any investigation that ayride may choose to conduct if a student driver Vehicle is damaged in any way in ayride service. Members and/or Authorized Drivers, as appropriate, will immediately send each request, demand, order, notice, summons or other pleading Members or Authorized Drivers receive in connection with any incident involving a Vehicle to ayride. Neither Members nor Authorized Drivers will assume any obligation, make or commit to make any payment or incur any expense on ayride behalf without ayride prior written consent.
9.6 Application of Graves Amendment. The provision of the insurance coverage described in this Agreement does not change the application to ayride of federal law protection under the Graves Amendment (49 U.S.C. § 30106) and ayride has no vicarious or other liability for Member.
9.7 Survival.
This Section 9 will survive termination of this Agreement.

10. Disclaimers.

10.1 Disclaimer of Warranties.
STUDENT MEMBER BOOK RIDES THROUGH AYRIDE PLATFORM OF APP AND WEBSITE. STUDENT DRIVERS MAKE THEIR APPROVE VEHICLE AVAILBLE THROUGH AYRIDE PLATFORM AND ANY OPTIONAL ACCESSORIES “AS IS” AND AYRIDE EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO ANY STUDENT DRIVER VEHICLE AND ANY OPTIONAL ACCESSORIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
10.2 Disclaimer of Liability. AYRIDE IS NOT LIABLE FOR ANY AND ALL LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, AYRIDE BASED UPON, ARISING OUT OF, WITH RESPECT TO, OR BY REASON OF STUDENT MEMBER’S OR AUTHORIZED DRIVER’S CRIMINAL, WILLFUL, OR GROSSLY NEGLIGENT ACTION OR OMISSION IN THE OPERATION OF A STUDENT DRIVER VEHICLE OR IN CONNECTION WITH PARTICIPATION WITH AYRIDE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
10.3 Disclaimer of Responsibility for Personal Property. Ayride IS NOT LIABLE FOR ANY PERSON’S LOST, STOLEN, OR DAMAGED PROPERTY IN AND FROM A AYRIDE STUDENT DRIVER. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
10.4 Disclaimer of Special, Consequential and Other Damages. Ayride IS NOT LIABLE FOR ANY AND ALL INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, LOSS OF INCOME, LOSS OF PROFITS, INCONVENIENCE, CONSEQUENTIAL OR OTHER DAMAGES SUSTAINED AS A RESULT OF AN INTERRUPTION OF SERVICES TO BE FURNISHED BY AYRIDE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

11. Term; Termination of Membership.

11.1 Term.
This Agreement will commence on the date of Student Member’s and Student driver registration which will be consider as Member E-Signature and will continue in effect for one (1) year, unless earlier terminated as provided herein, and will automatically renew for subsequent periods of one (1) year unless earlier terminated as provided herein.
11.2 Termination. This Agreement will be terminated as follows:
If Members contacts Customer Service or Member support to give Ayride not less than thirty (30) days’ prior notice and returns car permit decals sign t shirt if driver.
Immediately, at ayride’s sole discretion, if Members fail to meet the Membership Criteria, fails to abide by the terms of this Agreement (including, but not limited to Member’s failure to pay any of the amounts due under this Agreement by the applicable due date), or operates a Vehicle unsafely, as determined by ayride at its sole discretion.
11.3 Effect of Termination. Notice will be in writing and may be provided electronically. Upon termination, all rights to use ayride services, including use of a Vehicle in service to ayride, will immediately terminate any Member will immediately return a Vehicle decal permit sign t shirt in Member’s possession to ayride. 

12. Repossession.
If Student Driver vehicle get repossess. Student Driver must contact Ayride within 24 hours of say Repossession. Student Driver must not take on student Riders from this point on until clear by Ayride. Student Drivers membership will be deactivated until further notice. This provision will survive termination of this Agreement.

13. Customer Information and Use of GPS and Telematics.
13.1 Access to Telematics
Information by ayride and Third Parties. The operation of the ayride business and provision of student Drivers Vehicles is facilitated by tracking. Ayride has an interest in tracking and locating the whereabouts of each student Driver Vehicle when riding a student Rider of Ayride. Each student driver Vehicle is equipped with GPS tracking systems and other telematics tracking systems and, except as otherwise described in the state addenda paragraphs beginning in Section 16 below, ayride may monitor and retain each student Drivers Vehicle’s location, when transporting a Ayride student Rider at any time. In addition, there may be third party operators of the GPS or telematics systems, or affiliates of such third parties who may also have access to the location of each student driver Vehicle or access to other information supplied by the GPS or telematics system in each student driver Vehicle. Members acknowledge and agree that Members do not have any expectation of privacy while riding with student Driver of Ayride, including location privacy, route privacy, speed privacy or privacy in a student driver Vehicle’s operational systems. Ayride may change the way in which it monitors the student driver Vehicle’s GPS or telematics systems at any time and will notify Member of such change(s).
13.2 Anonymous Telematics Information May be Used for Business and Research Purposes. Information gained from GPS and other telematics tracking systems while student Driver of Vehicle is in Member’s possession may be retained and used in an anonymous basis by ayride for business or research purposes related to improving ayride products and services. Ayride may collect vehicle movement data from certain Vehicles to assist ayride in the prediction of traffic light phases in order to promote customer convenience and vehicle energy management. This provision will survive termination of this Agreement.
13.3 No Guaranty of Accuracy. The maps, directions and location advice provided by the GPS in each student Drivers Vehicle may not be accurate and are not guaranteed by ayride or any other party. Members and Authorized student Drivers should use their common sense and best judgment when operating a Vehicle and should not rely solely on the GPS contained within such Vehicle.

14. Dispute Resolution.

14.1 Arbitration.
Any dispute, claim or controversy arising out of or relating to membership in ayride, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration in the state in which the Home Area is located before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This Section 14 will survive termination of this Agreement.
14.2 Conduct of Arbitration. The arbitration will be commenced by the claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
14.3 Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties, and may award attorneys’ fees.
14.4 Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits or any punitive or exemplary damages.
14.5 Arbitration is on an Individual Basis Only; Class Action Waiver. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ARBITRATOR’S POWER TO RULE ON HIS OR HER OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THIS SECTION 14 WILL REMAIN IN FORCE.
14.6 Applicable Law. This Agreement and the rights of the parties hereunder will be governed by and construed in accordance with the laws of the state in which the College or high school Campuses Area is located, exclusive of conflict or choice of law rules. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

15. Miscellaneous.
15.1 Applicable State Laws.
To the extent that any provision of this Agreement is contrary to an applicable state law in a state in which student Members Book a Ride, the applicable state law in the state in which student Members Book a Ride will govern, and the contrary provision of this Agreement will not apply to student Members in such jurisdiction in connection with such Ride.
15.2 No Agency. Student Members are in no way the agent of ayride in possessing, using or operating a student Vehicle. Nothing in this Agreement will be construed to create a partnership, joint venture, agency or employment relationship between ayride and Student Members. Student Members will have no authority to enter into agreements of any kind on behalf of ayride, or otherwise bind or obligate ayride in any manner to any third party, by virtue of the relationships contemplated by this Agreement.
15.3 No Assignment. Student Members may not assign this Agreement or any rights or responsibilities under this Agreement to any other party. Student Members may not: (a) allow anyone else except an Authorized student Driver to use or operate a student Vehicle, or (b) sublease a student Vehicle for Ayride use.
15.4 Headings; Number and Gender. The headings in this Agreement are for reference only and will not affect the interpretation of this Agreement. Whenever the context requires, references in this Agreement to the singular number includes the plural, the plural number includes the singular and words denoting gender include the masculine, feminine, and neuter.
15.5 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
15.6 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and nothing in this Agreement, expresses or implies, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
15.7 Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by the written or electronic agreement of both Parties. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver of such provision, or preclude any other or further exercise of such provision or the exercise of any other right, remedy, power or privilege. The Program Rules may be changed by ayride at its sole discretion.
15.8 Notices. ayride may be contacted for all communications related to this Agreement using the contact information on the App or Website www.ayride.com unless a particular method of communication is required for certain communications as described in this Agreement in which case such required communication method must be used. Notice via electronic mail, phone call, written mail or the App to the email address, home address or phone number ayride has on file for Members will constitute proper notice from ayride (or any of the third parties working in connection with or on behalf of ayride described in this Agreement) to Members for all matters related to, or arising out of, this Agreement.
15.9 Electronic Document and Signature. For contractual purposes, Members: (a) consent to receive communications from ayride in electronic form, and (b) agrees that all terms and conditions, agreements, notices, disclosures and any other communications that ayride provides to Members electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. By selecting the “I Accept” or I agree or Member or Registration or Subscribe button below Member is signing this Agreement electronically and such selection constitutes Member’s legal signature, acceptance and agreement as if this Agreement were actually signed by Members in writing. Members also agree that no certification, authority, or other third party verification is necessary to validate Member’s Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of Member’s E-Signature or any resulting contract between Members and ayride
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