IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS DISCLAIMER, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FOUNDATION (AS DEFINED BELOW) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, AN AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU, AND YOU AND FOUNDATION EACH WAIVE ANY OBJECTION TO JURISDICTION AND VENUE IN SUCH COURTS.
Rideshare Protocol Foundation, a Panama foundation (“Foundation,” “we,” “us,” or “our”), supports the growth and development of the “Rideshare Protocol,” a blockchain-based decentralized cryptoeconomic system that allows for users to build applications for riders and drivers, and related content, features, and functionality, and makes available digital asset rewards (including in the form of non-fungible tokens) (the “Digital Asset Rewards”) to its users (together the “Services”). Your use of the Services may include interaction with certain third-party services and protocol functionality, and your use of the Services is governed by this Disclaimer (the “Disclaimer”) and any applicable terms and conditions under which the applicable third-party service is offered.
The Rideshare Protocol is a decentralized and open-sourced system, and your use of the Services and the Rideshare Protocol is entirely at your own risk. By accessing the Services, you agree to be bound by this Disclaimer. If you don’t agree to be bound by this Disclaimer, do not use the Services.
Eligibility. The Services are only available to users in certain jurisdictions who are 18 years or older, who are capable of forming a binding contract with Foundation, and who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws (when using the Services, and you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties. We reserve the right, but have no obligation, to monitor where the Services are accessed from and to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of this Disclaimer.
Updates. We may update the Disclaimer from time to time in our sole discretion, and if we do, we’ll let you know by posting the updated Disclaimer on this website. If you continue to use the Services after we have posted updated Disclaimer it means that you accept and agree to the changes. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Digital Asset Rewards. With respect to Digital Asset Rewards, Foundation may, in its sole discretion and without any notice to you, replace, remove, or otherwise modify the artwork associated with the applicable Digital Asset Reward (such artwork, the “Digital Asset Reward Art”). Subject to your acceptance of, and compliance with, this Disclaimer, upon lawfully acquiring a Digital Asset Reward and for so long as you hold your Digital Asset Reward (both dates as recorded by the applicable smart contract), Foundation hereby grants to you a non-exclusive, worldwide, royalty-free, non-sublicensable, revocable license to use, copy, and display the Digital Asset Reward Art linked to your Digital Asset Reward solely for your own personal, non-commercial use.
Utility. If you are rightful holder of a Digital Asset Reward, you may be offered utility, benefits, or entitlements (collectively, “Utility”) from time to time, but this Disclaimer do not confer any Utility except as granted by the applicable license set forth above. Foundation makes no assurances of any Utility. Any Utility may be subject to other terms and conditions. Foundation will not be responsible in any manner for any Utility offered by, or proposed to be offered by, any third party.
DISCLAIMER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICES AND THE RIDESHARE PROTOCOL, AND DIGITAL ASSETS AND DECENTRALIZED SYSTEMS GENERALLY, INCLUDING BUT NOT LIMITED TO, THAT: (A) DIGITAL ASSETS ARE HIGHLY VOLATILE; (B) USING DIGITAL ASSETS IS INHERENTLY RISKY DUE TO BOTH FEATURES OF SUCH ASSETS AND THE POTENTIAL UNAUTHORIZED ACTS OF THIRD PARTIES; (C) YOU MAY NOT HAVE READY ACCESS TO ASSETS; AND (D) YOU MAY LOSE SOME OR ALL OF YOUR TOKENS OR OTHER ASSETS. YOU AGREE THAT YOU WILL HAVE NO RECOURSE AGAINST ANYONE ELSE FOR ANY LOSSES DUE TO THE USE OF THE SERVICES. FOR EXAMPLE, THESE LOSSES MAY ARISE FROM OR RELATE TO: (I) INCORRECT DATA OR OTHER INFORMATION; (II) SOFTWARE OR NETWORK FAILURES; (III) CORRUPTED FILES; (IV) UNAUTHORIZED ACCESS; (V) DATA LEAKAGE; (VI) ERRORS, MISTAKES, OR INACCURACIES; OR (VI) THIRD-PARTY ACTS OR OMISSIONS.
Governing Law and Forum Choice. This Disclaimer and any action related thereto will be governed by the Panama Arbitration Law, and the laws of Panama, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the “Dispute Resolution” section below, the exclusive jurisdiction for all Disputes (defined below) that you and Foundation are not required to arbitrate will be the state and federal courts located in Panama, and you and Foundation each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution. We each agree that any dispute, claim or controversy arising out of or relating to this Disclaimer including the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Disclaimer. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location, and the language of the arbitration shall be in English. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. You and Foundation agree that you and Foundation are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Disclaimer.
CLASS ACTION WAIVER. YOU AND FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, IF THE PARTIES’ DISPUTE IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS CLASS ACTION WAIVER SECTION SHALL BE NULL AND VOID.
General. This Disclaimer constitutes the entire and exclusive understanding and agreement between Foundation and you regarding the subject matter of the Disclaimer, and this Disclaimer supersedes and replaces all prior oral or written understandings or agreements between Foundation and you regarding such subject matter. If any provision of this Disclaimer is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Disclaimer will remain in full force and effect. You may not assign or transfer this Disclaimer, by operation of law or otherwise, without Foundation’s prior written consent, and any attempt by you to do so, without such consent, will be void. Subject to the foregoing, this Disclaimer is binding upon and will inure to the benefit of each of the parties and their respective successors and permitted assigns. No provision of this Disclaimer is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person or entity other than you and Foundation and each party’s respective successors and permitted assigns. Foundation’s failure to enforce any right or provision of this Disclaimer will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Foundation. Except as expressly set forth in this Disclaimer, the exercise by either party of any of its remedies under this Disclaimer will be without prejudice to its other remedies under this Disclaimer or otherwise. Neither party will be afforded or denied preference in the construction of this Disclaimer, whether by virtue of being the drafter or otherwise.
You may give notice to Foundation by contacting Foundation at hi@trip.dev.
Notice is effective upon receipt.