By accepting these terms and conditions (the “Agreement”) and/or by using the Ride Health, Inc. (“Ride Health”, “We”, “Us”, or “Our”) website(s) hosted at RideHealth.com (“Website”) and any of Ride Health’s technology services (“Services”), including, but not limited to, ride notifications and scheduling reminders (“Ride Notifications”) (collectively, such Website, Services, and Ride Notifications, the “Technology Platform”), you acknowledge that you have read this agreement, and this will be a legally binding agreement between you and Ride Health.
If you do not agree with the Terms and Conditions of this Agreement, you should reject them by not accepting this agreement and by not using the Technology Platform.
Your access to and use of our Technology Platform is subject in all respects to the Terms of our Privacy Policy available at https://www.ridehealth.com/privacy-policy (“Privacy Policy”).
You further acknowledge, agree, and understand that:
• Ride Health is not a transportation provider. Ride Health’s Technology Platform enables access to non-emergency ground transportation (“Transportation”) options provided by independent providers (including but not limited to Lyft, Inc., Uber Technologies, Inc., and collectively, “Independent Providers”).
• By agreeing to use the Technology Platform, Ride Health may contact you directly and provide you with Ride Notifications by phone call, email, and/or text message, standard message and data rates may apply.
• The Technology Platform should never be used in a medical emergency. The Technology Platform, including any Ride Notifications, does not provide medical advice or treatment of any kind and is not intended for use in any situation in which the failure of the Technology Platform could lead to death or bodily injury of any type. Always seek the advice of your physician or other qualified health provider, directly and not through our technology platform, with any questions you may have regarding a medical condition.
• These Terms and Conditions require binding individual arbitration to resolve any disputes, rather than jury trials, and include a class action waiver. This agreement limits the remedies that may otherwise be available to you in the event of a dispute.
• You are solely responsible for using the Technology Platform in a manner consistent with all applicable Federal, State, and International laws.
• Ride Health does not guarantee availability of Transportation, on-time arrivals or departures, or any other service levels related to independent providers that may be obtained via the Technology Platform.
• This agreement is not a condition for receiving any treatment, payment, or benefit and you understand that your refusing to agree to the Terms of this Agreement will not affect any treatment, payment, or benefit for which you may be eligible.
• Though a physician or other health provider, or its respective affiliates, facilities, agents or other representatives (collectively “Health Provider”) may assist you in booking a ride, no Health Provider is a party to this Agreement.
• To the extent permitted by law: no Health Provider makes any representations, warranties or assumes any liability under this Agreement, and under no circumstances will a Health Provider be responsible for any damage, loss or injury in connection with this agreement or your use of the services.
References in this Agreement to "you" or "your" refer to both you and any person or entity on whose behalf you act, if any.
Use of Website
Ride Health’s Website may contain typographical errors, other inadvertent errors or unintentional inaccuracies. We reserve the right to make changes to the Website, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
Nothing contained on Ride Health’s Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any content displayed on our Website, through the use of framing or otherwise, except: (a) as expressly permitted by this Agreement; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed in our Website.
Independent Providers
You acknowledge that by using the Technology Platform you are also agreeing to the terms and conditions of our Independent Providers listed and linked respectively below, as may be updated from time to time. In the event of any conflict between the terms and conditions of this Agreement and any terms and conditions of our Independent Providers, this Agreement shall govern.
• For Lyft, Inc. (https://www.lyft.com/terms)
• For Uber Technologies, Inc. (https://www.uber.com/legal/terms/us/)
Transfer Restrictions
You may not delegate, assign, or otherwise transfer this Agreement or any other of your rights or obligations under this Agreement, in whole or in part.
Breach and Termination
This Agreement may be suspended or terminated by Ride Health immediately and without notice to you in our sole discretion if you fail to comply with any term or condition of this Agreement. In addition, Ride Health may at any time suspend your access to the Technology Platform in our sole discretion, if you are in breach of this Agreement or use the Technology Platform in a manner that impairs the operation of the Technology Platform or that violates our Privacy Policy. You agree that we are not liable to you or any third party for termination of your access to the
Technology Platform
You acknowledge and agree that the Technology Platform is under development and will continually change as Ride Health may determine from time to time.
Disclaimer of Warranty
Ride Health provides the Technology Platform to you “as is”, with all faults, and without warranty of any kind, express, statutory, implied or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. Ride Health makes no representation or warranty that the Technology Platform is accurate, complete, or up-to-date. Ride Health makes no representation or warranty of any kind with respect to use of by the Technology Platform. No oral or written information of advice given by any Ride Health employee or representative shall create a warranty for the Technology Platform, and you many not rely on any such information or advice.
Limitations of Liability and Releases
In no event shall Ride Health or any Health Provider be liable to you for any special, consequential, punitive, exemplary, incidental or indirect damages of any kind (including without limitation the cost of cover, damages arising from loss of data, use, profits or goodwill), whether or not Ride Health has been advised of the possibility of such loss, however cause and on any theory of liability arising out of this Agreement. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.
Ride Health’s and any Health Provider’s maximum aggregate liability arising out of this Agreement, the Services and/or your use of the technology platform, including without limitation any claims in tort (including negligence), contract, breach of warranty, strict liability or otherwise, and for any and all claims combined, will not exceed $100,000 USD.
Indemnification
If permitted by law, (which may vary depending on the type of user), you agree to defend, indemnify, and hold Ride Health, each Health Provider, and its respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, related to, resulting from, or alleged to result from, your violation of this Agreement. Ride Health reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ride Health. Ride Health will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Jurisdictional Issues
We make no representation that our Technology Platform is appropriate or available for use outside the United States. Those who choose to access our Technology Platform from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations.
Class Action Waiver
Where permitted by applicable law, you and Ride Health agree that each may bring claims against the other or against any other party relating to or in connection with this Agreement, the Services, and/or the Technology Platform only in your or Ride Health’s individual capacity and not as a plaintiff or class member in any purported class or representative action. You further acknowledge and agree that no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. This Class Action Waiver section will survive any termination of this Agreement.
Links to third party websites and advertisements
Ride Health’s Website may provide links to third party websites or advertisements. Ride Health does not recommend or endorse the content on any third party websites or advertisements, and does not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk and subject to the terms of use for such sites.
Changes to the Agreement; Notice
Occasionally, we may, in our sole discretion, make changes to the Agreement. When we make material changes to the Agreement, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by posting a new version of this Agreement on our Website with the effective date noted at the beginning of the Agreement or by sending you an email. In some cases, we may notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please make sure you read any such notice carefully. If you do not wish to continue using the Technology Platform under the new version of the Agreement, you may terminate the Agreement by sending us notice at support@ridehealth.com.
Ride Notifications; Consent to Communicate via Electronic Form
Ride Notifications and other notices sent between you and Ride Health use electronic means, whether sent by phone call, email, text message, or otherwise (“electronic form”). For contractual purposes, you (a) consent to receive Ride Notifications and other notices from Ride Health in an electronic form as described herein; and (b) agree that all terms and conditions, notices, disclosures, and other communications that Ride Health provides to you in electronic form satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA without regard to its conflicts of laws provision. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys’ fees) that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Complete Agreement; Waiver; Severability
This Agreement supersedes all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and Ride Health relating to the Technology Platform. In the event any term of this Agreement is held by a court of competent jurisdiction not to be enforceable, such unenforceability shall not affect the remaining terms of this Agreement in such jurisdiction or render unenforceable or invalidate such terms and provisions of this Agreement in other jurisdictions. Upon such determination that any of the terms or provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they shall be severed from this Agreement and the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. No waiver of any right or obligation contained herein shall be given except in writing signed by the party against whom the waiver is sought to be enforced.