USA Terms of Use
It is a contract between you and Pronto Taxi SMA. That these terms of service (the "terms of service") are binding. Determine how you use Pronto Taxi SMA's personal, multi-functional, digital marketplace platform ("Pronto Taxi SMA marketplace platform") and any related content or services, including mobile and/or web applications ("applications" or "Pronto Taxi SMA applications"), in conjunction with the Pronto Taxi SMA marketplace platform ("service"). Please note that the arbitration section in section 2 of the agreement contains rules for how claims between you and Pronto Taxi SMA shall be resolved and is part of these terms of service. These terms of service set forth how such claims will be resolved, including without limitation any claims that arise or are made prior to the effective date of these terms of service. Please read section 2 of the arbitration agreement carefully because it provides you individually and with limited exceptions you will resolve all disputes with Pronto Taxi SMA, with a final and binding judgment of your rights. By agreeing to these terms of service, you expressly represent that you have read and understood all of these terms of service and have taken the time to consider the implications of this important decision. Despite the above, these terms of service do not replace or otherwise affect the enforceability of any agreement between you and Pronto Taxi SMA or its affiliates with respect to such third-party services (e.g., platform access agreement, technical support agreement), if you choose to provide transportation (such as driving), logistics (such as freight), delivery (such as food, packages, and other goods), or other services (collectively, "third-party services"). Contracts). Any conflict arising from the standard: third-party services you provide will be resolved in accordance with any agreement between you and Pronto Taxi SMA regarding such third-party services, rather than these terms of service; otherwise, all applicable terms of service will apply.
1. Contract Conditions, Termination and Change
Your access to and use of the services is subject to these terms of service as well as any additional terms that may be applicable on our website, such as our privacy statement, which outlines how we collect, use, and disclose your personal information, our terms for user-generated content, community rules, suggested policies, and other applicable Pronto Taxi SMA standards and policies (such as, but not limited to, the Pronto Taxi SMA safety standards, accessibility standards, and other policies). The phrase "terms" refers to both these terms of service and the additional terms collectively. You agree to be bound by the Pronto Taxi SMA terms of service applicable to those countries if you use the services in other countries. The terms "including" and "including" have the same meaning as "including but not limited to" in these terms. You agree to be bound by these terms when you access or use the services. Do not access or use the services if you do not agree to these terms. The use of the services in the territory is expressly governed by these terms. Completion. At any time and for any reason, Pronto Taxi SMA has the right to immediately terminate these terms, any services that have been provided to you, or your access to the service or any portion thereof. To review. By posting an updated version of these terms on the services or on the Pronto Taxi SMA website, Pronto Taxi SMA reserves the right to modify these terms or its policies relating to the services at any time. You should review these terms on a regular basis because if you use the services after any changes are made, that means you accept those changes.
2. Arbitration Agreement
By accepting these terms, you acknowledge that you will be required to arbitrate all claims you may have against Pronto Taxi SMA in accordance with the terms of this arbitration agreement, on an individual basis rather than as part of a class, collective, coordinated, consolidated, mass, or representative action. A trial by jury is waived by both you and Pronto Taxi SMA. Requirement. /Or a representative claim against Pronto Taxi SMA., class and/or representative actions brought otherwise against Pronto Taxi SMA except as provided in section 2(a)(3)(c) below.
As a result, the parties concur that, with the exception of the circumstances described below, the arbitrator will not conduct any class, group, coordinated, consolidated, class, or representative arbitration or join, consolidate, or combine multiple individual claims against Pronto Taxi SMA into a single proceeding. 2(a)(3)(c) herein. For the avoidance of doubt, except as provided in section 2(a)(3)(c), this arbitration agreement prohibits you from bringing or participating in any class, collective, coordinated, consolidated, collective and/or representative
action against Pronto Taxi SMA. - exclusion of any other type of class, multiplier or class action, except for participation in a class, class, consolidated, consolidated, multiple and/or representative claims.
(A) Binding Arbitration Agreement Between You And Pronto Taxi SMA.
(1) Applicable Disputes: you and Pronto Taxi SMA agree that any dispute, claim, or controversy arising out of or relating to (I) these terms and earlier versions of the terms, or challenge these terms, will not be permitted, unless expressly provided for in section 2(b) below.
(2) Class Action Waiver: the parties agree that individual arbitration shall be the sole means of resolving any claims, disputes, or disputes between the parties. Both the arbitrator and the arbitration provider shall have no right to hear or arbitrate any dispute, claim, or dispute as a class, collective, coordinated, consolidated, and/or representative action. The parties hereby specifically waive all rights to litigate, hear, administer, resolve, or arbitrate any dispute. Notwithstanding provided in this agreement, this class action will not prevent you or Pronto Taxi SMA from participating in a class, class and/or representative claim.
Opting out does not prevent you or Pronto Taxi SMA from participating in class, collective, and/or representative actions. The parties also agree that if for any reason a claim is not arbitrated, this class action waiver will remain in effect and no court will proceed with a case that consolidates, coordinates, or consolidates multiple individual claims against Pronto Taxi SMA into a single action. This class action shall not cause you and Pronto Taxi SMA to participate in a class, class and/or representative claim. If any part of this class action waiver is found by final judgment to be unenforceable or unlawful for any reason, (I) any class, class, coordinated, consolidated, and/or representative action to which the unenforceable or unlawful part applies will be will present in court. Of competent jurisdiction (ii) the enforceable part of the class
action waiver must be enforceable in arbitration; (iii) the unenforceable or illegal part separates from this arbitration agreement; (iv) the separation of the inapplicable or illegal part will not affect the enforceability of the arbitration agreement. Affect the enforceability, enforceability, or validity of any remaining claim by you or Pronto Taxi SMA or arbitration.
(3) Mass Action:
A. Class action waiver: all disputes, claims, or disputes between parties shall be resolved exclusively by individual arbitration. The parties expressly waive the right to bring, hear, administer, settle, or arbitrate any dispute, claim, or dispute as a class action, and neither the arbitrator nor the arbitration provider shall be authorized to hear, arbitrate, or arbitrate any dispute, claim, or dispute. . . Class action or arbitration award to a non-individual, except as set forth in section 2(a)(3)(c) below. The parties also expressly waive their right to seek, retrieve or
obtain non-personal resources. The parties agree that the definition of "class action" includes, but is not limited to, situations in which you or Pronto Taxi SMA are represented by a law firm or group of law firms that has filed 50 or more claims in arbitration in your name or on his behalf. On behalf of Pronto Taxi SMA within 180 days after a ride files a claim for arbitration against the other party of a similar nature to the claim for arbitration, and the law firm or combination of law firms seeks administer and/or arbitrate all claims concurrently or jointly.
Notwithstanding anything in this agreement, this class action does not obligate you or Pronto Taxi SMA to participate in the class action.
B. Dispute Resolution Procedures: notwithstanding anything to the contrary in the applicable arbitrator rules, the arbitrator has the authority to determine whether a party bringing a claim has brought a class action in violation of the class action. Each party will submit said dispute to an arbitrator or arbitral tribunal within 15 days following its occurrence. If any such dispute arises prior to the appointment of an arbitrator, the parties agree that (I) a panel of three arbitrators will be appointed to resolve the dispute solely as to whether the party filing the lawsuit has violated the class action. The parties will select an arbitrator from the panel of the arbitral institution as a neutral arbitrator, and those arbitrators will appoint a third neutral arbitrator. If the two arbitrators cannot agree on a third arbitrator, the third arbitrator is chosen by the arbitration
institution; fees or costs not incurred in the litigation, such as paying arbitrator's fees and renting premises; (iii) the arbitrator issues a written award containing findings of fact and conclusions of law; (iv) any further arbitration or determination of fees in connection with the arbitration will be stayed until the arbitrator has resolved the dispute between the parties. If the arbitrator or panel finds that you have violated the class
action waiver, the parties must be given an opportunity to opt out of the arbitration within 30 days of the arbitrator's or panel's decision. You may opt out of arbitration by delivering written notice of your intent to opt out via USPS Priority Mail or in person to the arbitration provider and Pronto Taxi SMA technologies, inc., Attn: legal department, 15476 NW 77 CT #229 Miami Lakes, Florida 33016. This written statement must be signed by you and not by any attorney, agent, or other representative of yours. Pronto Taxi SMA may opt out of the
arbitration by sending written notice of its intent to opt out of the arbitration and to you or your attorney, agent or representative, if represented. For the avoidance of doubt, the option to opt out of arbitration described in this section 2(a)(3)(b) is effective only if the arbitrator or arbitration panel determines that you have violated the class action waiver. If the parties initiate arbitration, the parties agree that the arbitration
will be conducted in installments as set forth in section 2(a)(3)(c) below.
C. Batching:
I. In the event that a class action is filed and neither party has exercised their right to opt out of arbitration under section 2(a)(3)(b), the following procedures will apply to facilitate the arbitration: resolution. At the request of either party, an arbitrator will be selected in accordance with the rules of the applicable arbitral institution as a special arbitrator (the "special arbitrator") to resolve any dispute relating to the merits of some or all of the claims brought in the class. Threshold disputes ("request for class arbitration"). These threshold disputes may include, but are not limited to:
1. Any fee filing dispute arising in connection with a class arbitration action, even if the claimant has filed a valid fee waiver;
2. Any dispute as to whether the relevant arbitral institution has complied with the arbitration agreement in the handling and administration of the request for class arbitration;
3. Any dispute as to whether a request for class arbitration meets the requirements of section 2(d);
4. If the claimant is denied the opportunity to bring a claim due to a prior settlement agreement, violation of this clause, or statute of limitations;
5. Any dispute over the representation of the same claimant by more than one law firm;
6. Any dispute as to whether the request for class arbitration has been filed with the correct arbitration institution;
7. Any discovery disputes common to all claims and
8. Any dispute of law or fact common to all claims.
Any such request must be made within 15 days of the end of the opt-out period described in section 2(a)(3)(b) and may be made by written notice to the arbitration provider. If a party requests the appointment of a special arbitrator to resolve the aforementioned issues, the corresponding arbitration institution will refrain from further considering any dispute arising from the request for class arbitration. No additional filing fee, administrative fee, or arbitrator fee will be deemed paid for any class arbitration claim for a dispute until the special master has decided the dispute. Pronto Taxi SMA will be responsible for the fees and costs of the relevant arbitral institution and the special arbitrator in connection with the proceedings before the special arbitrator.
Special Supervisors Appointed Under This Procedure Do Not Have the Power to Consolidate Cases.
II. After the end of the special chair process, to the extent any class action is allowed to proceed, the parties will divide the class actions into lots by address, each lot not to exceed 100 claims, and then in alphabetical order by last name ( plus in case there are less than 100 claims remaining after the previous arbitration claims, the last installment consists of the remaining claims), the arbitration service provider must be notified of the lot and its composition within 14 days after its issue. The arbitral institution must consider each part of the claims as a case,
each case has a request for arbitration, a designated arbitrator, a set of administrative documents and an administration and filing fee for each party. The parties will randomly assign each lot a serial number, and each lot may be arbitrated only in random serial number order. When each party enters arbitration, a separate arbitrator will be appointed and each party will be required to pay an administrative fee and a filing fee. You
agree to cooperate in good faith with Pronto Taxi SMA and the arbitration provider in enforcing such awards and lump sum fees. Nothing in these terms shall be construed as limiting the right to object to multiple claims to arbitration filed by or filed by the same law firm or organization, or multiple claims to arbitration filed by the same law firm or organization, for violation of any provision. Of this agreement.
III. If a class arbitration claim is initially treated as an individual arbitration claim prior to the commencement of this class action, subsequent proceedings, including consideration of either party's request for additional arbitration or administrative fee, will be governed by the provisions of this regulation. Section 2(a) procedural jurisdiction (3).
(4) Arbitration Clause: only an arbitrator, and not a federal, state, or local court or agency, will have jurisdiction to resolve any dispute arising out of or relating to the interpretation, applicability, enforcement, or interpretation of this arbitration agreement. Including but not limited to, any claim that all or part of this arbitration agreement is invalid or void. The arbitrator will also have sole authority to resolve all questions regarding the arbitration threshold, including questions relating to the enforceability, unreasonableness, or illusory nature of these terms and any defenses to arbitration, including, without limitation, the waiver, delay, relaxation or abstention from arbitration. However, only a court of competent jurisdiction (and not an arbitrator) will have exclusive jurisdiction to resolve any and all disputes arising out of or in connection with the class action waiver and class action waiver, including, without limitation, any claim. By: the class action waiver and/or class action waiver, in whole or in part, is unenforceable, unreasonable, illegal, void or voidable, except in accordance with the procedures set forth in section 2(a) (3)(b), the arbitrator or panel of arbitrators has the authority to determine whether the party bringing the action has breached the class action.
(5) Applicability To Third-Parties: this arbitration agreement is binding on any claim brought by or against a third-party, including, without limitation, your spouse, heirs, third-party beneficiaries, and assigns, if the underlying claim arises out of or is related to the form in which you use the services. If any of the third-party beneficiaries of this agreement bring claims against the parties, those claims will also be governed by this arbitration agreement.
(B) Exceptions To Arbitration.
Notwithstanding the foregoing, this arbitration agreement does not require arbitration with respect to claims: (I) individual claims brought in small claims court, provided that the claim is cognizable in such court and brought only individually; (ii) personal claims of sexual assault or harassment by you in connection with your use of the services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or infringement of the copyrights, trademarks, trade secrets,
patents, or other intellectual property rights of a part.
You may bring such claims and legal proceedings in a court of competent jurisdiction only on your own behalf. Individual means you cannot bring class, class, coordinated, combined, mass and/or representative claims against Pronto Taxi SMA. For the avoidance of doubt, you are prohibited from bringing any claim against Pronto Taxi SMA or participating in any class, collective, coordinated, consolidated, mass, and/or representative or other class, multi-plaintiff, or collective action, and your proposed action may be consolidated. In any way or be combined with any other process. Pronto Taxi SMA agrees to honor your choice if you file your claim and bring a lawsuit on your own behalf in a court of competent jurisdiction. The parties agree not to seek arbitration under these limited circumstances and to waive the application of any other provision of this arbitration agreement (including, without limitation, the waiver set forth in section 2(a), which shall survive in force) in court and arbitration, or the enforcement of this arbitration agreement with respect to any other dispute, claim or controversy.
(C) Terms And Applicable Law.
For disputes arising in the state of California, the arbitration will be administered by ADR services, inc. ("ADR") in arbitration in accordance with the ADR arbitration rules ("ADR Rules") in effect at the time the claim is filed, unless the parties agree otherwise in writing. The ADR rules are available at www.adrservices.com or search for "ADR arbitration rules" using services such as www.google.com or www.bing.com. The arbitration will be presided over by a single arbitrator (“arbitrator”) selected in accordance with the ADR rules. For disputes arising outside of California (or only in California if ADR is unable or unwilling to administer the arbitration), the parties must request a meeting and agree to the selection of a neutral arbitration institution. Such arbitrator must conduct business in the country where the dispute arises. If the parties cannot agree on an arbitral institution, either party may invoke 9 U.S.C. § 5 to ask a court of competent jurisdiction to appoint an arbitral institution operating in the country where the dispute arises. Any arbitral tribunal appointed by a court pursuant to 9 U.S.C. § 5, it will arbitrate only under this section 2 on an individual basis. When the parties agree to appoint a neutral arbitrator or arbitration provider pursuant to 9 U.S.C. § 5, further arbitration shall be initiated in accordance with the terms of appointment of the arbitral institution, unless otherwise provided herein. Once the arbitration body has been agreed upon or appointed, an arbitrator must be appointed. The arbitrator may be (1) a retired judge or (2) licensed to practice in the country where the arbitration is taking place and has extensive experience in the law in question. The arbitrators will be chosen by the parties from the panel of arbitrators of the corresponding arbitration institution. If the parties cannot agree on an arbitrator after meeting and negotiating in good faith, the appropriate arbitral tribunal shall appoint the arbitrator in accordance with its terms. Notwithstanding any choice of law or other provision in these terms, the parties agree and acknowledge that this arbitration agreement constitutes transactions involving interstate commerce and the federal arbitration act, 9 U.S.C. § 1 et seq. ("FAA") shall govern its interpretation, compliance, and procedures. The parties intend to comply with the provisions of the FAA for all purposes, including, without limitation, the interpretation, implementation, enforcement, and administration of this arbitration agreement, and the provisions of the FAA and the applicable arbitration provider shall govern. In all states. Laws to the fullest extent permitted. Otherwise, all applicable statutes of limitations will apply to any arbitration. If the terms of the FAA and the applicable arbitration provider are found not to apply to any matter relating to the interpretation or enforcement of this arbitration agreement, that matter will be resolved under the laws of the state in which you resided when you gave your arbitration agreement. Consent. These rules. Any dispute, claim, or dispute arising out of or related to incidents or events (including, without limitation, allegations of sexual assault or harassment) that you believe arose during your use of the services and that resulted in personal injury, regardless of whether or not whether before or after receiving the services from you.
As of the date you accept these terms, the laws of the country where the incident or accident occurred shall be governed by and construed in accordance with.
(D) Process.
Dispute resolution and pre-arbitration notice. The parties agree that informal efforts to resolve disputes in good faith can often lead to quick, inexpensive, and mutually beneficial results. Accordingly, the parties agree that, before either party seeks arbitration against the other, we will meet in person and hold discussions by telephone or video conference to informally resolve any claim subject to this arbitration agreement. Multiple claimants cannot attend the same informal dispute resolution telephone meeting. If you are represented by an attorney, your attorney may attend the meeting, but must also participate fully. The complaining party must notify the other party in writing of its intention to initiate an informal dispute resolution meeting, which must be held no later than 60 days after the other party receives the notice, unless the parties agree to an extension. To notify Pronto Taxi SMA of your intention to initiate an informal dispute resolution conference, write to Pronto Taxi SMA., Attn: legal department, 15476 NW 77 CT #229, Miami Lakes 33016 and include your name, phone number the mailing address associated with your Pronto Taxi SMA account (if applicable), the email address associated with your Pronto Taxi SMA account, and a description of your claim. Attendance at the informal dispute resolution conference is a condition of commencement of the arbitration, and the arbitrator must deny any request for arbitration made prior to the conclusion of the informal dispute resolution conference. The statute of limitations and any filing fee period expire when the parties participate in the informal dispute resolution process provided for in this paragraph. Start arbitration. To initiate arbitration after completing the informal dispute resolution process required by this section, one party must submit a written request for arbitration to the other and submit the claim to the appropriate arbitration institution identified in section 2(c). The party initiating the arbitration against Pronto Taxi SMA shall submit a written request for arbitration to Pronto Taxi SMA, Attn: legal department, 15476 NW 77 CT #229, Miami Lakes 33016, or Pronto Taxi SMA's registered agent for the process notification. Pronto Taxi SMA. (The name and current contact information of each country's registered agent are available online here.) In addition, the party seeking arbitration against Pronto Taxi SMA must send an electronic copy of the request for arbitration to the arbitration provider and send an electronic copy of the demand to info@ProntoTaxi.com By signing the demand for arbitration, attorney represents that, to the best of his or her knowledge, information,
and belief after reasonable investigation, (I) the demand for arbitration has not been filed for an improper purpose, such as to offend or create unjustified. Unnecessarily delay or increase the costs of dispute resolution;
(ii) the claims and other legal claims are based on existing law or have substantial arguments to expand, modify or repeal existing law or create new law;
(iii) the factual arguments are supported by the evidence or, if clearly stated, are likely to be supported by the evidence if there is a reasonable possibility of further investigation or discovery. The arbitrator shall have the authority to award any relief or penalty under federal rule of civil procedure 11 or any applicable state law for any violation of this provision by either party.
(E) Location.
Unless you and Pronto Taxi SMA agree otherwise, the arbitration will take place in the county where you reside in the United States, if you reside in the United States. If you do not reside in the United States, the arbitration will take place in the jurisdiction where the dispute arose. Your right to be heard will be governed by the terms of the applicable arbitration provider. Pursuant to the rules of the relevant arbitral institution, the arbitrator shall have discretion to determine a reasonable exchange of information between the parties in accordance with the expedited nature of the arbitration.
(F) Pronouncement Of Sentences.
At least 10 days before the arbitration hearing, either party may send the other party a written offer to allow the award subject to certain conditions. If the offer is accepted, the offer and evidence of its acceptance must be submitted to the arbitrator, who will render an award accordingly. If the offer is not accepted before the arbitration hearing or within 30 days after the offer is made, whichever occurs first, the offer will be deemed withdrawn and will not be considered as evidence during the arbitration. If the other party does not accept the
offer made by one party and the other party does not obtain a more favorable award, the other party does not recover the post-offer fee and pays the offeror's fee from the time of the offer. To provide.
(G) Referee's Decision.
The arbitrator makes a decision within the time specified in the rules of the relevant arbitration institution. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator may enter a declaratory or injunctive order only in favor of the claimant and only to the extent necessary to provide relief to which the claimant's individual claim is entitled. The arbitrator's decision is final and binding on all parties.
The arbitrator is not bound by the decision made in the individual arbitration, and the arbitrator's decision is binding only on the parties to the arbitration who are the subject of the decision. The arbitrator will award reasonable arbitration fees to the prevailing party in accordance with the laws of the country in which the arbitration is taking place.
H) Fees.
In addition to the foregoing with respect to payment of arbitration costs, your obligation to pay filing fees, administrative fees, and arbitrator fees will only be in accordance with the arbitration provider's applicable terms and will not exceed the amount you requested. If you submitted a fee will be charged. If your monthly gross income is less than 300% of the federal poverty level, you are entitled to a waiver of arbitration costs and fees, except arbitrator fees. If you believe you are eligible for a fee waiver and your arbitration claim was filed outside of California, you may only do so by filing a request with the arbitration provider, au 240, district court litigation, no up-front fee a waiver of rates (found
here), or notice, which contains all the information required by au 240; if you file an arbitration claim in California, you must submit an affidavit of your monthly income and household size. Any dispute arising after the appointment of an arbitrator regarding a party's obligation to pay the costs or expenses of the arbitration shall be resolved solely by the arbitrator. If any such dispute arises prior to the appointment of an arbitrator and neither party has requested a specific arbitrator pursuant to section 2(a)(3)(c)(I) of these terms, the parties will agree (I) any disputed fees. The execution date is postponed until the resolution of the dispute between the parties, (ii) a panel of three arbitrators is appointed to resolve any dispute between the parties regarding the obligation of the party to pay the fees or costs of arbitration, (iii)) the panel consists of the party choosing an arbitrator from the panel of the arbitral institution, who will act as a neutral arbitrator, and these arbitrators will appoint a third neutral arbitrator. If the two arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, and (iv) Pronto Taxi SMA will pay any administrative costs or expenses associated with the appointment of a panel of arbitrators pursuant to this
section. And any fees or costs not incurred in the litigation, such as payment of the arbitrator's fees and rent, and (v) the arbitrator issues a written decision containing the following findings: facts and conclusions of law. If two or more fee disputes arise between claimant and Pronto Taxi SMA at the same time or at the same time, the disputes may be consolidated for resolution by a single arbitrator or a panel of arbitrators by mutual agreement or mutual selection. For all those disputes.
(i) Severability And Survival.
If any part of this arbitration agreement is held unenforceable or illegal for any reason,
(I) the unenforceable or illegal provision will be deleted from this provision;
(ii) termination of the unenforceable or illegal provision does not affect the remainder of the arbitration agreement or the parties' ability to compel arbitration of any remaining claims under the arbitration agreement;
(iii) therefore, if a class, collective, consolidated, or representative claim is to be brought, such claim shall be brought in a civil court of competent jurisdiction, and not in arbitration, and the parties agree that such claim shall be settled. Awaiting arbitration of the individual claim.
3. Service
The services allow you and other consumers to find, request, or receive
(I) third-party services from third-party service providers, including, without limitation, merchants, retailers, shops, restaurants, independent drivers and vendors, and autonomous vehicle providers of fleets of autonomous vehicles ("third-party service providers");
(ii) relevant personalized content, including features, recommendations, and advertisements for products or services tailored to your needs and interests;
(iii) for certain support services, including allowing you to express certain preferences regarding third-party services or third-party service providers, payment processing and customer support. Unless otherwise agreed to by Pronto Taxi SMA in a separate written agreement with you, the services are for your personal, non-commercial use only. Once you have submitted a request, Pronto Taxi SMA will notify the third-party service provider of the possibility of fulfilling your request. The third-party service provider determines whether to provide the third-party services to you, and it is up to you to accept such services from the third-party service provider. Please note that once you start requesting services, you may not be able to reschedule or cancel. If Pronto Taxi SMA is able to reschedule or cancel your request, you may be charged and/or may not be able to receive a refund for items purchased on your behalf. Pronto Taxi SMA is not a government or automobile company and will not transport you or your cargo. The services are generally available only to registered users of the services and not to the general public. Your ability to request and, if applicable, obtain third-party services from a third-party service provider in connection with your use of the services does not constitute Pronto Taxi SMA as a separate provider of the services. The independent third-party service provider is in no way an actual agent, appearing agent, appearing agent or employee of Pronto Taxi SMA. No effort, feature, process, policy, standard or other effort by Pronto Taxi SMA to facilitate your receipt of third-party services or for security reasons (whether or not required by applicable law) constitutes an employment relationship with a third-party service provider, real agency, ostensible agency or ostensible agency.
Third Party Services and Content. Although many third-party services are available within the Pronto Taxi SMA app, some third-party services or content can only be accessed by exiting the Pronto Taxi SMA app ("external app experience"). By clicking on a link to access an out-of-app experience, you are subject to the terms and conditions and privacy policies of that website, destination or provider of the out-of-app experience, which differ from Pronto Taxi SMA. Pronto Taxi SMA will not notify you that you have left the service or that you are subject to the terms and conditions (including privacy policies) of other websites, destinations or providers of experiences outside of the application. All links and advertisements to third party websites and advertisements are at your own risk, as they are not part of the service and are not under the control of Pronto Taxi SMA. Pronto Taxi SMA does not endorse such third-party experience providers, and Pronto Taxi SMA shall in no event be responsible for the products or services of such third-party service providers. Third-party services provided to you through the Pronto Taxi SMA application may be provided by automated vehicles. An autonomous vehicle is a vehicle capable of operating or equipped with an automated driving system that enables the vehicle to operate with sae level 3, 4, or 5 driving automation as defined in the April 2021 sae international specification j3016 (" autonomous vehicle" or "av"). "). Autonomous vehicles are operated by third-party service providers who operate one or more autonomous vehicles and may employ or contract with individuals to manage, monitor, or operate their autonomous vehicles while such vehicles are in motion (for example, provided by a third party, “autonomous vehicles”). Self-employed”). Fleet provider").
Your access to third party services provided by av may be subject to your acceptance of the autonomous fleet provider's terms. If third party terms of service conflict with these terms, these terms shall govern between Pronto Taxi SMA and the agreement between you and Pronto Taxi SMA and the limitations of liability set forth in section 7. The provisions of the agreement to arbitrate in section 2 above supersede the third-party terms of service for all purposes except for claims against providers of third-party services.
App Store.
Availability of the services may be dependent on a third-party, such as the apple iPhone or android app store ("app store") where you licensed the Pronto Taxi SMA app. These terms are an agreement between you and Pronto Taxi SMA, not the app store, and Pronto Taxi SMA is responsible for providing the services described in these terms. However, if you download the Pronto Taxi SMA app from the apple app store, apple and its subsidiaries are third-party beneficiaries of these terms. By accepting these terms, apple has the right (and will be deemed to have accepted that right) to enforce these terms against you as a third-party beneficiary. These terms are incorporated by reference into the end user license agreement for apple licensed applications, and you are the "end user" for that purpose. In the event of a conflict between the terms of the licensed application end user license agreement and these terms, these terms will control. Ownership, License and Restrictions. The services and all right, title and interest, including all intellectual property rights, are and shall remain the property of Pronto Taxi SMA or Pronto Taxi SMA's licensors. These terms do not constitute a sale and do not transfer or grant you any rights in the services or any intellectual property owned by Pronto Taxi SMA, except for the limited license granted above. Subject to your compliance with these terms, Pronto Taxi SMA grants you a limited, non-exclusive, sublicensable, revocable, non-transferable license to:
(I) access and use the Pronto Taxi SMA application solely in connection with its services on your personal device;
(ii) access and use all content, information and related materials that may be available through the services, in each case solely for your personal, non-commercial use. Pronto Taxi SMA and Pronto Taxi SMA's licensors reserve all rights not expressly granted herein. You agree not to use Pronto Taxi SMA's copyrights, trademarks, service marks, or trade dress except in connection with your use of the
services without Pronto Taxi SMA's express written permission. The ban includes the use of domain names, websites and social media accounts. You may not:
(I) remove any copyright, trademark or other proprietary notices from any part of the service;
(ii) reproduce, modify, prepare derivative works based on the service, distribute, license, rent, sell, resell, lease, publish, display, publicly perform, broadcast, broadcast or otherwise exploit the services unless you expressly permitted; Pronto Taxi SMA;
(iii) you will not decompile, reverse engineer, or disassemble the services, except as permitted by applicable law;
(iv) link, mirror or frame any part of the service;
(v) cause or execute any program or script to interfere with or inhibit the operation and/or functionality of any aspect of the service; allow access to or impair any aspect of the service or related systems or networks.
4. Access to Services
User Account.
To use most features of the services, you must register for and maintain an active personal user account on the services ("account"). If you were previously prohibited from accessing or using the services, you will not be able to register for or maintain an account. Account registration may require you to provide Pronto Taxi SMA with certain personal information, such as name, address, mobile phone number, and age, as well as at least one valid payment method suitable for you and supported by Pronto Taxi SMA. For more information on how Pronto Taxi SMA uses your personal information, please see our privacy statement. You agree to maintain accurate, complete, and current information on your account, including a valid phone number, address, and method of payment. You must be at least 18 years of age or the legal age of majority in your jurisdiction to obtain an account, unless otherwise permitted by a particular service. Unless otherwise authorized by Pronto Taxi SMA in writing, you may have only one account and may not assign or transfer your account to any other person or entity. You are responsible for all activities that occur under your account and agree to maintain the security and confidentiality of your account information at all times.
Minors.
Except as described below, the services are generally not intended for persons under the age of 18. You may not authorize any third party to use your account or allow anyone under the age of 18 to use the services unless accompanied by you or an adult. However, we may offer parents and guardians the option to create accounts for their children. If you are a parent or guardian and you allow your child to use the services, these terms apply to you and you are responsible for your child's actions on the service. If you are a minor to obtain an account, you must obtain your parent's or guardian's permission to use the account and agree to any additional terms related to your access and use of the services as a minor. Please have your parent or guardian review these additional terms with you.
Access To the Network and Devices.
You are responsible for obtaining data network access necessary to use the services. If you access or use the services through your device, you may be charged data and messaging rates and fees for your mobile network. You are responsible for obtaining and updating compatible hardware or devices necessary to access and use the service and any updates to the service. Pronto Taxi SMA does not warrant that the service or any part of the service will work on any particular hardware or device. In addition, the services may experience errors and delays associated with the use of the internet and electronic communications. Pronto Taxi SMA shall not be liable for any delay, non-delivery or damage, loss or damage resulting from any delay, non-delivery or such problem.
5. User Behavior and Requirements; Communication; and User Content
Behavior And User Requirements.
In addition to complying with these terms, you agree to comply with all applicable laws when accessing or using the services, and that you may access or use the services only for lawful purposes (for example, you may not unlawfully or knowingly solicit or transport). Harmful substance). Your access to or use of the services will not cause inconvenience, inconvenience, inconvenience, damage, or loss to Pronto Taxi SMA, third party service providers, or any other party. if you request to ride with a child restraint system, neither Pronto Taxi SMA nor third party providers are responsible for the safety of child restraint systems, which may be third party equipment v. You are responsible for ensuring that the child seat is correctly installed and that the child is properly secured in a child restraint system. Please refer to your state's laws regarding specific height, age, and weight requirements for using child restraint systems, as well as Pronto Taxi SMA's policies for child restraint systems, which may be set forth on city-specific web pages. If you request a ride option where a third-party provider agrees to provide you with assistance outside of the vehicle (e.g., Pronto Taxi SMA assist), Pronto Taxi SMA is not responsible for any injury or incident that may arise out of the assistance provided by the third-party provider. In some cases, you may be required to provide your age, proof of identification, or other method of identification to access or use the services, and you agree that if you decline to provide your age, proof of identification, or other method. Identification, you may be denied access to or use of the services. Age, identity or other methods of identification.
At the discretion of the third-party service provider, you may be allowed to bring small animals (such as dogs or cats) on tours requested through the services. On such trips, you are responsible for properly securing the animal with a leash, harness, crate/carrier, or otherwise. You are also responsible for ensuring that animals do not cause damage to or confuse the third-party provider's vehicle. You may be responsible for repairs or cleaning in accordance with clause 6 in the event of damage or disorder caused by animals carried on the journey claimed on your account. Please note that in accordance with Pronto Taxi SMA's policy on service animals and aids, accompanying passengers are generally allowed at no additional charge, regardless of whether or not the trip is pet-friendly.
To help us meet our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information about any incident or incident that occurs while using the services, and you agree to cooperate with any investigation and attempt to resolve any such incident. Incident. Event. Communication With Pronto Taxi SMA. By creating an account, you agree to electronically receive and receive communications from Pronto Taxi SMA, third-party service providers, or third parties that provide services to Pronto Taxi SMA, including via email, SMS, WhatsApp, phone calls, in-app communications, and press notify Pronto Taxi SMA to obtain the phone number or email address you provided. You may also receive communications generated by automated telephone dialing systems and/or communications that will deliver pre-recorded messages sent by or on behalf of Pronto Taxi SMA and/or third-party service providers, including, without limitation, request communication services. For the account. Message and data rates may apply. You can read our privacy policy to learn more about how Pronto Taxi SMA can contact you.
If you do not wish to receive promotional emails, text messages or other communications from Pronto Taxi SMA, you may change your notification preferences in the settings section of your account. To opt out of receiving text messages from Pronto Taxi SMA, reply “stop” on the mobile device receiving the text message. For clarity, text messages between you and a third-party service provider are transactional text messages and not promotional text messages. You acknowledge that opting out of any communication may affect your use of the services. Notwithstanding the foregoing, Pronto Taxi SMA may use any contact information you provide in connection with your account (including through text messages or voice messages) to contact you if we suspect fraudulent or illegal activity on your account.
Use Of Accounts Owned by Others.
If you use an Pronto Taxi SMA product or service that another person or company may use or bill for, certain information will be shared with that party. This may include information about the time and date of the service you request, delivery, logistics and/or delivery requested and the costs associated with such service. If used to request transportation, we may also share information with such persons or companies about security incidents involving such transportation. You acknowledge that such data sharing is a condition of your use of such Pronto Taxi SMA products or services.
User Submitted Content; Reviews.
The content you provide to Pronto Taxi SMA is governed by the Pronto Taxi SMA generated content terms, which are incorporated by reference into these terms. Feedback you provide to Pronto Taxi SMA is subject to Pronto Taxi SMA's feedback policy, which is incorporated into these terms by reference.
6.payment
Prices & Charges.
Your use of the services may result in charges to you for the services or goods you receive from Pronto Taxi SMA and/or from third-party providers (“charges”). Prices displayed to you when purchasing goods through the services may be inclusive of retail prices charged by the third-party provider and fees paid to Pronto Taxi SMA. Pronto Taxi SMA will enable your payment of the applicable charges for services or goods obtained through your use of the services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees (such as bag fees), estimated or actual tolls, and/or surcharges. Furthermore, charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors. With respect to third party service providers, fees collected by you will be paid directly to the third-party service provider, and Pronto Taxi SMA will act as a limited collection agent for the third-party service provider to collect such fees on your behalf. From the third party, and payment of the fees will be treated the same as if you were to pay the third-party provider directly. When you send a payment through Pronto Taxi SMA, you are paying a third-party provider of goods or services. You reserve the right to request that the third-party service provider reduce the fees you receive for the third-party service provider's services or goods when you receive such services or goods. Third party service providers also reserve the right to charge you more for the services or goods they provide. For example, a third-party service provider acting as a reseller may charge a lower or higher rate if the actual item offered differs from what was originally ordered, including the difference in quantity, weight, or type of item. If you request that the third-party service provider reduce such fees, you agree to pay the higher or lower fees associated with such product differences. Pronto Taxi SMA will consider in good faith any request from a third-party service provider to review the charge for a particular service or item. This payment structure is designed to fully compensate third party service providers, if any, for services or goods received by you through the services.
You may also be required to pay certain fees that will be paid directly to Pronto Taxi SMA or its affiliates. For the avoidance of doubt, Pronto Taxi SMA will not charge a fee for access to the Pronto Taxi SMA application, but may charge a fee for access to third party services or other fees. Although not indicated on the Pronto Taxi SMA application, prices for products or menus displayed through the services may differ from prices offered or published by third-party service providers for the same products or menu items, including prices that can be offered or the published physical location. Where the third-party service provider operates and/or prices based on other third-party websites/mobile applications. The price displayed for a product or menu item through the service may not be the minimum retail price of the product or menu item. The prices of the products or menu items displayed on the services or the agreed fees paid with Pronto Taxi SMA may vary due to pick up or delivery. Pronto Taxi SMA will activate all fees and payments using the preferred payment method listed on your account and you will then receive an invoice. If your primary account payment method is determined to be past due, invalid, or uncollectible, you agree that Pronto Taxi SMA may use other payment methods available on your account.
As between you and Pronto Taxi SMA, Pronto Taxi SMA reserves the right at any time to set or adjust fees for any or all services or goods obtained through the services. Pronto Taxi SMA will use reasonable efforts to notify you of fees that may apply, provided you are responsible for the fees on your account, regardless of whether or not you are aware of such fees or their amount.
Refunds.
Fares paid by you are final and non-refundable, unless otherwise specified by Pronto Taxi SMA and the third- party service provider that set the fee. If you have any cancellation, refund or return requests, or if you believe the charges incurred should be corrected, please visit the help tab in your account to submit such requests within 30 days of being charged or Pronto Taxi SMA will have no further liability and you waive any rights to dispute the amount charged in the future. Promotional Offers From time to time, certain users may receive promotional offers and discounts that result in different rates for the same or similar services or goods obtained through the services, and you accept such promotional offers and discounts unless they are also offered to you and affect its use. Of the services or fees that may be charged to you. Promotional offers and discounts are subject to change or cancellation at any time without notice. Gratuity Pronto Taxi SMA will not designate any portion of your payments as a tip or gratuity to third party service providers, except for amounts you provide through the services as part of the "tip" feature. You understand and agree that while you are free to offer additional payments as compensation to any third-party service provider that provides you with the services or goods obtained through the services, you are under no obligation to do so.
Charges For Damages, Cleaning, Lost Items and Violation of Rules.
If you cause damage to your vehicle or property that requires repair or cleaning ("repairs" or "cleanup") while using the services, Pronto Taxi SMA may bill you on behalf of a third-party service provider. Pronto Taxi SMA will determine the amount of such charges in its sole discretion based on the nature and severity of the damage. Pronto Taxi SMA reserves the right to inspect or otherwise request damaged documents prior to processing fees.
If Pronto Taxi SMA verifies a request for repair or cleaning at Pronto Taxi SMA's reasonable discretion, Pronto Taxi SMA reserves the right to pay the reasonable cost of such repair or cleaning to the payment method you have designated on your account. Such amounts, as well as the lost and found amounts, will be remitted by Pronto Taxi SMA to the third-party service provider, if applicable, and are non-refundable. In addition, you may be responsible for the costs of your breach of these terms, including, without limitation, transactions that cannot normally be completed as a result of or in connection with your breach of these terms.
7. Disclaimer, Limitation of Liability and Indemnification.
Disclaimer.
The services are provided "as is" and "as available". Pronto Taxi SMA disclaims all representations and warranties not expressly stated in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, Pronto Taxi SMA makes no representations or warranties regarding the reliability, timeliness, quality, suitability or availability of the services or any requested service(s). Be uninterrupted or error-free.
Pronto Taxi SMA does not warrant the quality, suitability, safety or capability of third-party providers. You agree that you use the services and any services or goods requested or obtained from third party service providers at your own risk to the extent permitted by applicable law. Pronto Taxi SMA does not control, operate or direct third party service providers. The third-party providers are not actual agents of Pronto Taxi SMA, authorized agents, appropriate agents, or employees of Pronto Taxi SMA. In the event of a dispute between you and any other third party, you release Pronto Taxi SMA from all liabilities known and unknown, suspected and unknown, of every kind and nature, contingent, discovered and undiscovered.
Pronto Taxi SMA does not control, endorse or is responsible for the user or third-party content available on or linked to the services. Pronto Taxi SMA cannot and does not warrant that the service is free of viruses or other harmful components. Pronto Taxi SMA's use of algorithms to provide the services or enhance the user experience and security of the services does not constitute any express or implied warranty.
Limitation Of Liability.
Pronto Taxi SMA shall not be liable for any indirect, incidental, special, consequential, punitive or consequential damages, including loss of profits, data, personal injury or property arising out of any relationship. The services, regardless of Pronto Taxi SMA's liability (active, tracked, unique or trackable), even if Pronto Taxi SMA has been advised of the possibility of such damages. Pronto Taxi SMA shall not be liable for any damages, liability or losses resulting from: (I) use or authorization of the services or inability to access or use the services; (ii) any deal or deal, even if Pronto Taxi SMA has been advised of the possibility of such damages. Pronto Taxi SMA shall not be liable for delays or failures caused by causes beyond Pronto Taxi SMA's reasonable control. You acknowledge that third-party transportation providers requested through certain Pronto Taxi SMA services may offer shared or peer-to-peer transportation services and may not be professionally licensed or licensed. You acknowledge that the third-party service provider is not a fictitious agent, fictitious agent, actual agent, or employee of Pronto Taxi SMA.
You may use these services to request and arrange for transportation, freight, or logistics services from third- party service providers, but you agree that Pronto Taxi SMA is not responsible for any transportation, freight, or logistics services provided to you. Except as expressly provided in these terms, the third-party service provider does not provide any services to you. Pronto Taxi SMA is not responsible for any damages, liability or losses arising out of a required travel with the service due to the failure or improper installation or use of a child restraint system.
The limitations and disclaimers in this section are not intended to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions Pronto Taxi SMA's liability is limited to the fullest extent permitted by law. These terms do not affect Pronto Taxi SMA's election of rights provisions set forth below.
Compensation.
You agree to indemnify Pronto Taxi SMA and its affiliates, their officers, directors, employees, and agents from and against all actions, claims, demands, damages, liabilities, costs, damages, and expenses (including attorneys' fees) for injury. ) arising out of or in connection with: (I) your use of the services or the services or goods obtained through the services; (ii) you violate any of these terms; (iii) violations by Pronto Taxi SMA regarding the use of user content; (iv) violates the rights of any third party, including third party service providers.
8. Other Terms
Choice Of Law.
These terms shall be governed by and construed in accordance with the laws of the country in which the dispute arises, without regard to the choice of law or conflict of law principles of any jurisdiction, except as otherwise provided in section 2 of the arbitration agreement. Or additional terms applicable to your location. This choice of law provision applies only to the interpretation of these terms, and these terms will not be construed to apply to you the laws of any state if your dispute arose in a state other than this state. Any dispute, claim, or dispute arising out of or related to incidents or events (including, without limitation, allegations of sexual assault or harassment) that you believe arose during your use of the services and that resulted in personal injury, regardless of whether or not whether before or after services provided by you from the date you accept these terms, the laws of the country where the incident or accident occurred shall be governed by and construed in accordance therewith.
Choice Of Forum.
Any dispute, claim, or controversy arising out of or in connection with these terms or their existence, breach, termination, performance, interpretation, or validity shall be brought exclusively in the state and federal courts of the state in which the dispute, claim, or controversy is located. . . Arise regardless of other courts that may have jurisdiction over the parties and the matter, except as otherwise provided in the arbitration agreement above or in the supplemental terms applicable to your location. Notwithstanding the foregoing, any dispute, claim or dispute arising out of or in connection with any event or occurrence (including, without limitation, allegations of sexual assault or harassment) that you allege arose out of your use of the services, whether or not no, whether before or after your agreement to these terms, proceedings will be brought only in the state or federal courts of the state in which the incident or accident occurred, although other courts may have jurisdiction over the parties and the matter, except to the extent permitted. By law, arbitration, as set forth in section 2 of the agreement, or any additional terms applicable to your area.
The foregoing provisions on choice of law and choice of court do not apply to the agreement to arbitrate in section 2, and we encourage you to refer to section 2 for the provisions applicable to such disputes.
Copyright And Trademark Infringement Claims.
Claims of copyright and trademark infringement should be directed to Pronto Taxi SMA's designated agent. See Pronto Taxi SMA's copyright policy or trademark policy for attribution and other information.
Notice.
Pronto Taxi SMA may send notices on or through the services by email to the email address associated with your account, by phone or SMS to any phone number associated with your account, or by regular mail, or mail prepaid. To any associated address. With your account such notice will be deemed to have been given 48 hours after posting or delivery (if sent by regular mail or prepaid) or at the time of delivery (if sent by mail, telephone, or email). Attend). Notwithstanding the foregoing, notice of any changes to these terms will be effective upon posting of an updated version of these terms on the Pronto Taxi SMA website or through the services. You may send notice to Pronto Taxi SMA at any time by regular mail or mail prepaid, and such notice shall be deemed received when received by Pronto Taxi SMA for transmission by Pronto Taxi SMA to our registered agent for processing. The names and current contact information for registered agents in each state are available online at https://www.wolterskluwer.com/en/solutions/ct-corporation/sop-locations. If any other provision of these terms applies to specific notices (such as notices of updates to these terms or notices of disputes or claims to arbitration), then, in the event of a conflict or inconsistency between these terms and the terms, those specific notices will be served. Prevail. The terms of this notice.
The General.
You may not assign these terms without the prior written consent of Pronto Taxi SMA. Pronto Taxi SMA may assign these terms without your consent to: (I) a subsidiary or affiliate; (ii) a transferee of Pronto Taxi SMA stock, business or assets; (iii) the assignee of the merger. Any assignment by you alleging a violation of this section is
null and void. No joint venture, partnership, employment, or agency relationship exists between you, Pronto Taxi SMA, any third-party service provider, or any non-app experience provider as a result of these terms or your
use of the services. If any provision of these terms is held invalid or unenforceable, that provision will be removed and the remaining provisions will apply to the fullest extent permitted by law. Pronto Taxi SMA's failure to exercise any right or provision of these terms shall not constitute a waiver of such right or provision unless confirmed and agreed to by Pronto Taxi SMA in writing. Nothing in this paragraph will affect the severability and validity of this arbitration provision.