WAIVER OF LIABILITY REGARDING THE SERVICES
This Waiver of Liability (“Waiver”) applies to the third-party ride share and entertainment transportation services (collectively, the “Services”) provided to a user (“USER”) by a driver (“DRIVER”) through WooHoo Rides, a ride share and entertainment transportation mobile application (the “App”), which serves as a portal and facilitator for USERS to find, access, book, and use DRIVERS. The App is owned by WooHoo Rides Transportainments, Inc. (the “Company”), a Delaware corporation with a principal address of 251 Little Falls Drive, Wilmington, DE, 19808. For questions, please contact [email protected]
This Waiver governs USER’S use of the Services, and by using the Services, USER agrees to be bound by this Waiver. If USER does not agree to this Waiver, then USER may not use the Services. USER may not use the Services,and USER may not accept this Waiver, if USER is not legally authorized to accept and be bound by the terms herein and/or is not at least eighteen (18) years of age and, in any event, of a legal age to form a binding contract with the Company. USER acknowledges that this Waiver may be amended from time-to-time and may be subject to other agreements.
The App is designed for use by USER. The App provides a portal through which USER can find and book Services with a DRIVER. The Company does not provide any Services directly, but instead provides a convenient access point to facilitate the connection between USER and DRIVER.
USER ACKNOWLEDGES AND ACCEPTS THAT THE COMPANY IS NOT PROVIDING ANY RIDE SHARE AND/OR ENTERTAINMENT TRANSPORTATION SERVICES OF ANY KIND AND IS MERELY A PORTAL FOR CONNECTING USER AND DRIVER. USER ACKNOWLEDGES THAT THE COMPANY IS NOT GUARANTYING THE SERVICES PROVIDED BY DRIVER TO USER NOR IS THE COMPANY LIABILE IN ANY WAY FOR ANY ACTION OR INACTION OF DRIVER. USER HEREBY WAIVES ANY AND ALL CLAIMS HE/SHE/IT MAY HAVE AGAINST THE COMPANY RELATING TO ANY ACTION AND/OR INACTION OF DRIVER.
USER FURTHER ACKNOWLEDGES AND ACCEPTS THAT NEITHER THE COMPANY NOR DRIVER IS RESPONSIBLE FOR USER FAILING TO FOLLOW THE COMPANY’S TERMS AND CONDITIONS, DISCARDING ITEMS FROM DRIVER’S VEHICLE, CAUSING DAMAGE TO THIRD-PERSONS, AND/OR CAUSING DAMAGE TO DRIVER’S VEHICLE DURING USER’S USE OF THE SERVICES, EXCEPT IN THE EVENT OF THE COMPANY’S AND/OR DRIVER’S INTENTIONAL ACT. NEITHER THE COMPANY NOR DRIVER IS RESPONSIBLE FOR USER’S LOSS OF PROPERTY, PROPERTY DAMAGE, AND/OR PERSONAL INJURY DURING USER’S USE OF THE SERVICES, EXCEPT IN THE EVENT OF THE COMPANY’S AND/OR DRIVER’S INTENTIONAL ACT.
THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO USER OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM USER’S USE OF THE SERVICES, OR THIS WAIVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS WAIVER, THE COMPANY’S LIABILITY TO USER FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
USER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES, AND DRIVER FROM AND AGAINST ALL CLAIMS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, THAT ARISE OUT OF OR RELATE IN WHOLE OR IN PART TO USER’S USE OF THE SERVICES, EXCEPT IN THE EVENT OF THE COMPANY’S AND/OR DRIVER’S INTENTIONAL ACT. IN THE EVENT ANY SUCH CLAIM, SUIT, PROCEEDING, LOSS, LIABILITY, AND/OR EXPENSE ARISES, THE COMPANY SHALL HAVE EXCLUSIVE CHOICE OF COUNSEL IN ITS DEFENSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW.