MOOVN TECHNOLOGIES LLC
- CONTRACTUAL RELATIONSHIP
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MOOVN. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. MOOVN may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
MOOVN may amend the Terms related to the Services from time to time. Amendments will be effective upon MOOVN's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- THE SERVICES
The Services constitute a technology platform that enables users of MOOVN's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with MOOVN or certain of MOOVN's affiliates ("Third Party Providers"). Unless otherwise agreed by MOOVN in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT MOOVN DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
MOOVN DOES NOT PROVIDE TRANSPORTATION SERVICES, AND MOOVN IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE MOOVN SERVICES, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH MOOVN. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH MOOVN IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
Subject to your compliance with these Terms, MOOVN grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MOOVN and MOOVN's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MOOVN; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
THIRD PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain MOOVN's property or the property of MOOVN's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MOOVN's company names, logos, product and service names, trademarks or services marks or those of MOOVN's licensors.
- YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). MOOVN requires all Users under the age of 18 to obtain parent, or guardian, authorization to create an Account and to use MOOVN Services. Account registration requires you to submit to MOOVN certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or MOOVN's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MOOVN in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
In addition to the actions stated in the prior section, with respect to your use of your Account and your participation in the MOOVN Services, you agree that you will not (the list of activities is not exclusive):
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, ordinance or regulation;
- interfere with or disrupt the Services or the MOOVN Platform or the servers or networks connected to MOOVN services;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through MOOVN;
- “frame” or “mirror” any part of MOOVN, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- rent, lease, lend, sell, redistribute, license or sublicense the MOOVN Platform or access to any portion of the MOOVN Platform;
- create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service; or
- cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your Account if you do not comply with these prohibitions.
DRIVER REPRESENTATIONS AND WARRANTIES
By providing Services as a Driver for MOOVN, you represent, warrant, and agree that:
- You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to MOOVN, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages, however, this provision shall not limit the scope of MOOVN’s insurance policies.
- In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to MOOVN and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
- You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
- You will not make any misrepresentation regarding MOOVN, the Services or your status as a Driver, or, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud MOOVN or Riders in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Ride Fees or other payments for the ride(s) in question.
- You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service animals.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
MOOVN may, in MOOVN's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that MOOVN establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MOOVN; (iii) may be disabled by MOOVN at any time for any reason without liability to MOOVN; (iv) may only be used pursuant to the specific terms that MOOVN establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. MOOVN reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that MOOVN determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT
MOOVN may, in MOOVN's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MOOVN through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to MOOVN, you grant MOOVN a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MOOVN's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MOOVN the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor MOOVN's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MOOVN in its sole discretion, whether or not such material may be protected by law. MOOVN may, but shall not be obligated to, review, monitor, or remove User Content, at MOOVN's sole discretion and at any time and for any reason, without notice to you.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, MOOVN will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by MOOVN.
All Charges are due immediately and payment will be facilitated by MOOVN using the preferred payment method designated in your Account, after which MOOVN will send you a receipt by text, email, or in the user account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MOOVN may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and MOOVN, MOOVN reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in MOOVN's sole discretion. Further, you acknowledge you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. MOOVN may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. MOOVN does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by MOOVN (on MOOVN's website, in the Application, or in MOOVN's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that MOOVN provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
MOOVN shall assess a per-ride “Tech Fee” to all transactions for use of Services, as stated in receipts. Tech Fee collections are used in offsetting MOOVN’s expenses, including but not limited to promoting safety, business research, expansion into other markets and geographic locations, in addition to other operational costs.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY; RELEASE
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MOOVN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MOOVN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MOOVN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
MOOVN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MOOVN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOOVN SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MOOVN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOOVN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOOVN'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL MOOVN'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
MOOVN'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MOOVN HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold MOOVN and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MOOVN's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
In the event that you have a dispute with one or more Users, you agree to release MOOVN (including our affiliates and each of our respective officers, directors, employees, agents, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the MOOVN Platform or participation in the Services. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.
STATE AND LOCAL DISCLOSURES
Seattle & King County Drivers
By accepting the terms of this Agreement, you consent to MOOVN providing your personal information, including but not limited to your background check results, driver history, and social security number to the City of Seattle and King County for the purpose of obtaining a for-hire license, as required by Seattle Ordinance 124524, section 6.310.300 (C)(4) and King County Ordinance 17892, section (G)(2).
While operating on the digital network or software application of the commercial transportation services provider, your private passenger automobile insurance policy might not afford liability, underinsured motorist, personal injury protection, comprehensive, or collision coverage, depending on the terms of the policy. If the vehicle that you plan to use to provide commercial transportation services for MOOVN has a lien against it, you must notify the lienholder that you will be using the vehicle for commercial transportation services that may violate the terms of your contract with the lienholder.
- DISPUTE RESOLUTION
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of MOOVN and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND MOOVN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Notwithstanding the provisions of the modification-related provisions above, if MOOVN changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing MOOVN written notice of such rejection by mail or hand delivery to: MOOVN TECHNOLOGIES, LLC, 1122 E Pike Street, PMD# 1315, Seattle, WA 98122, or by email from the email address associated with your Account to: firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and MOOVN in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- CLAIMS OF COPYRIGHT INFRINGEMENT
PROPRIETARY RIGHTS AND TRADEMARK LICENSE
All intellectual property rights of MOOVN shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth by MOOVN are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of MOOVN. MOOVN shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MOOVN, and other MOOVN logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of MOOVN in the United States and/or other countries (collectively, the “MOOVN Marks”). If you provide Services as a Driver, MOOVN grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the MOOVN Marks solely in connection with providing the Services through the MOOVN Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without MOOVN’s prior written permission, which it may withhold in its sole discretion. The MOOVN Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that MOOVN is the owner and licensor of the MOOVN Marks, and that your use of the MOOVN Marks will confer no additional interest in or ownership of the MOOVN Marks in you but rather used on your behalf to the benefit of MOOVN. You agree to use the MOOVN Marks strictly in accordance with MOOVN’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that MOOVN determines to nonconforming or otherwise unacceptable.
You agree that you will not:
- create any materials that incorporate the MOOVN Marks or any derivatives of the MOOVN Marks other than as expressly approved by MOOVN in writing;
- use the MOOVN Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the MOOVN Marks other than in accordance with the terms, conditions and restrictions herein;
- take any other action that would jeopardize or impair MOOVN’s rights as owner of the MOOVN Marks or the legality and/or enforceability of the MOOVN Marks, including, without limitation, challenging or opposing MOOVN’s ownership in the MOOVN Marks;
- apply for trademark registration or renewal of trademark registration of any of the MOOVN Marks, any derivative of the MOOVN Marks, any combination of the MOOVN Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the MOOVN Marks; or
- use the MOOVN Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in MOOVN’s sole discretion. If you create any materials bearing the MOOVN Marks (in violation of this Agreement or otherwise), you agree that upon their creation MOOVN exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the MOOVN Marks or derivative works based on the MOOVN Marks. You further agree to assign any interest or right you may have in such materials to MOOVN, and to provide information and execute any documents as reasonably requested by MOOVN to enable MOOVN to formalize such assignment.
DATA WE COLLECT FROM YOU
In order to operate MOOVN and to provide you with information about products or services that may be of interest to you, MOOVN may collect “personal information” (i.e. information that could be used to contact you directly (without using the MOOVN services) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that you submit, or that we collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). MOOVN will also collect the contact information of your friends, if you choose to connect your contacts and address book information with MOOVN and your login credentials to your social network accounts, such as Facebook and Twitter, if you choose to connect those accounts with your MOOVN account. You represent and warrant that you have the authority to provide MOOVN with any such contact information. Demographic information is divided into two categories:
- “non-public information”, which consists of ride transaction information and one-on-one communications between you and other Users of MOOVN; and
- “public information”, which consists of all other demographic information.
Please note that nowhere on the MOOVN Platform does MOOVN knowingly collect, keep or maintain personal information from children under the age of 18, as MOOVN require that all users represent to us that they are at least 18 years old.
HOW WE USE PERSONAL INFORMATION
We use your email address and your other personal information to help us efficiently operate MOOVN, to contact you in connection with your transactions and other activities provided by MOOVN (including, but not limited to, confirmation emails, or important news that could affect your relationship with MOOVN), to forward trip information to you from other Users, to forward trip information from you to other Users, and to contact you and others to suggest potential matches. We use your contact information to find and connect with your friends (when instructed by you). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate MOOVN, including processing your transactions and supporting your activities on the MOOVN Platform, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties of MOOVN, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on MOOVN, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.
Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.
HOW WE USE DEMOGRAPHIC DATA
HOW TO EDIT YOUR INFORMATION
MOOVN provides you with the ability to access and edit your personal information. To update your personal info, click Settings in the MOOVN menu. There you can view, update and correct your account information.
So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself.
Our databases automatically update any personal information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remains in our databases and become the property of MOOVN upon submission. Keep this in mind if you decide to communicate personal information through any of these applications.
MOOVN provides Users the opportunity to opt-out of receiving communications from MOOVN and our partners at the point where we request information about the visitor. MOOVN gives users the option to remove their information from our database, to not receive future communications or to no longer receive our service.
SPECIAL CASES IN WHICH WE SHARE PERSONAL INFORMATION
HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
- OTHER PROVISIONS
CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Washington, U.S.A., without giving effect to any conflict of law principles.
MOOVN may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to MOOVN, with such notice deemed given when received by MOOVN, at any time by first class mail or pre-paid post to MOOVN TECHNOLOGIES, LLC, 107 Spring Street, Seattle, WA 98104.
You may not assign these Terms without MOOVN's prior written approval. MOOVN may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MOOVN 's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, MOOVN or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. MOOVN's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MOOVN in writing.
© Moovn Technologies LLC 2017 - All Rights Reserved