1. Contractual Relationship
By accessing or using the Services, You confirm Your agreement to be bound by these Terms. 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. Fare-Cle 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.
Fare-Cle may amend the Terms from time to time. Amendments will be effective upon Fare-Cle’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms Your consent to be bound by the Terms, as amended.
2. The Services
The Services comprise web-based applications (each, an “Application”), which enable You to arrange and schedule transportation with independently contracted drivers (“Drivers”). Unless otherwise agreed by Fare-Cle in a separate written agreement with You, the Services are made available solely for Your personal, noncommercial use. The Services are strictly limited to the arrangement of transportation. The Services do not include any actual transportation services (“Ride Services”) performed by Drivers. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN RIDE SERVICES DOES NOT ESTABLISH FARE-CLE AS A PROVIDER OF RIDE SERVICES OR AS A TRANSPORTATION CARRIER.
Subject to Your compliance with these Terms, Fare-Cle grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications solely in connection with Your use of the Services; Any rights not expressly granted herein are reserved by Fare-Cle and Fare-Cle’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, or prepare derivative works based upon the Services except as expressly permitted by Fare-Cle.
The Services and all rights therein are and shall remain Fare-Cle’s property. 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 Fare-Cle’s company names, logos, product and service names, trademarks or services marks or those of Fare-Cle’s licensors.
3. Access and Use of the Services
a. Information Requirement.
Services are being offered generally to Users with intellectual or developmental disabilities. To ensure the safety of the User and the Driver, You must give notice to Driver upon the occurrence of any personal difficulties or unusual struggles the User is experiencing prior to or during the Ride Services.
b. Requesting Rides.
To use most aspects of the Services, You must participate in an intake interview to assist in developing a transportation plan to meet the needs of the User. The one hour intake interview will be conducted in the home of the User, with the User, the director of Fare-Cle, and a parent or guardian of the User present. If it is determined that use of Services is appropriate, the User and/or the parent or guardian of the User must request rides by using the Request/Register link accessible via www.fare-cle.com. Requesting a ride requires You to submit to Fare-Cle certain personal information, such as Your name, address, mobile phone number and age, as well as at least one valid payment method supported by Fare-Cle. You agree to submit accurate, complete, and up-to-date information. Your failure to submit accurate, complete, and up-to-date information, including having an invalid or expired payment method on file, may result in Your inability to access or use the Services.
c. Text Messaging and Telephone Calls.
You agree that Fare-Cle may contact You by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by You.
d. Interruption Due to Weather.
A Driver may cancel a ride if it is determined that current weather conditions pose a hazard to the User or Driver. Cancellation due to weather will be determined by each Driver.
If Driver or User must cancel Ride Services due to illness or activity change, Fare-Cle must be notified of any such cancellation.
f. Late Arrival.
The User and Driver must be prompt. If the User is more than 10 minutes late for a scheduled pick up twice in a 30 day time span, the family will be notified 14 days before Services and Ride Services are canceled. If the Driver is more than 10 minutes late for picking up the client twice in a 30 day time span, a new Driver will be found within 14 days.
This agreement will be canceled without warning if the behavior of the User during transport poses potential harm to the Driver, another passenger or the User. Behaviors will be documented and a termination conference will conducted within 7 days of agreement termination.
You understand that arrangement of the Services requires a fee of one hundred ($100) (the “Start-Up Fee”) which covers costs associated with pre-Service motor vehicle screening, approval, a background check, training for a potential Driver, and a “Membership Fee”, which covers costs associated with the first year of membership.
In addition to the Fees, You understand that use of the Services results in charges to You (“Charges”) for the actual transportation. All Charges shall be paid directly to the Drivers via a third party payment processor platform arranged by Fare-Cle. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. A suggested fee schedule is posted on the Fare-Cle website. However, all final Charges are set and assessed by the Drivers.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FARE-CLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. IN ADDITION, FARE-CLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE RIDE SERVICES OR ANY RIDE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FARE-CLE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY RIDE SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
b. LIMITATION OF LIABILITY.
FARE-CLE 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 OR RIDE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FARE-CLE, EVEN IF FARE-CLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FARE-CLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR RIDE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR RIDE SERVICES. FARE-CLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FARE-CLE’S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE RIDE SERVICES WITH DRIVERS, BUT YOU AGREE THAT FARE-CLE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY RIDE SERVICES PROVIDED TO YOU BY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. YOU RELEASE FARE-CLE OF ALL CLAIMS ARISING OUT OF THE SERVICES AND THE RIDE SERVICES PROVIDED BY DRIVERS.
You agree to indemnify and hold Fare-Cle and its affiliates and their officers, members, 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; (ii) Your breach or violation of any of these Terms; (iii) Fare-Cle’s use of Your user content; or (iv) Your violation of the rights of any third party.
7. Other Provisions.
a. Choice of Law and Forum.
This Agreement shall be governed by Ohio law, without regard to the choice or conflicts of law provisions of any jurisdiction. If any provision of the Agreement 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. Any lawsuits arising between parties must be brought to the Cuyahoga County Common Pleas Court. The failure of Fare-Cle to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fare-Cle in writing. This Agreement and the documents incorporated by reference therein comprise the entire agreement between Driver and Fare-Cle and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Fare-Cle may give notice by means of a general notice on the Services, electronic mail to Your email address, telephone or text message to any phone number You provide, or by written communication sent by first class mail or pre-paid post to any address You. 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 or telephone). You may give notice to Fare-Cle, with such notice deemed given when received by Fare-Cle, at any time by first class mail or pre-paid post to our registered agent for service of process, Fare-Cle LLC, c/o Stephanie Carroll, 3725 Latimore, Shaker Hts., Ohio 44122.
You may not assign these Terms without Fare-Cle’s prior written approval. Fare-Cle may assign these Terms without Your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Fare-Cle’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, Fare-Cle 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. Fare-Cle’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 Fare-Cle in writing.