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Terms of Use

These Terms of Use ("Terms") govern the access or use by you, an individual, from within the United States of applications, websites, content, products, and services (the "Services") made available in the United States by VoterDrive LLC and its affiliates (collectively, "VoterDrive"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. 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. Uber 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.

VoterDrive may amend the Terms related to the Services from time to time. Amendments will be effective upon VoterDrive'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.

Our collection and use of personal information in connection with the Services is as provided in VoterDrive's Privacy Policy.

The Services

The Services constitute a platform that allows users to obtain promotional codes (where legally permitted) that may be used in Uber's ridesharing platform to obtain a credit against the costs of transportation to and/or from your local polling place provided by Uber's third party providers, including independent third party transportation providers and third party logistics providers under agreement with Uber or certain of Uber's affiliates ("Third Party Providers").  Use of such services obtained through Uber's platform will be subject to Uber's Terms of Use and Uber's Privacy Policy.  YOU ACKNOWLEDGE THAT NEITHER VOTERDRIVE, NOR ANY OF ITS AFFILIATES, LICENSORS OR SPONSORS PROVIDES TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.

License.  Subject to your compliance with these Terms, VoterDrive 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 VoterDrive and VoterDrive's licensors. 

Restrictions.  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 VoterDrive; (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 may be made available or accessed in connection with third party services and content (including advertising) that VoterDrive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. VoterDrive does not endorse such third party services and content and in no event shall VoterDrive be responsible or liable for any products or services of such third party providers. 

Ownership.  The Services and all rights therein are and shall remain VoterDrive's property or the property of VoterDrive's licensors. Neither these Terms nor your use of the Service 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 VoterDrive's company names, logos, product and service names, trademarks or services marks or those of VoterDrive's affiliates, licensors or sponsors.

Your Use of the Service

In order to use the Service, you must provide us certain information to allow us to provide you a promotional code. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18) to use the Service.  To request your promotional code, you must submit to VoterDrive certain personal information, such as your name, postal address, email address, mobile phone number and whether you are an existing Uber customer.  You will also need to register for and maintain an active personal user Services account with Uber, all in accordance with Uber's Terms of Use. You agree to provide us and Uber accurate, complete, and up-to-date information. Your failure to provide accurate, complete, and up-todate Account information may result in your inability to access and use the Services.

User Requirements and Conduct.  The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18).  You agree to comply with all applicable laws and with these Terms of Use when using the Service. 

Emails and Text Messaging.  By submitting information to us, you agree that the Service may send you informational emails and/or text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving emails and text (SMS) messages from VoterDrive at any time by following the provided opt-out instructions. You acknowledge that opting out of receiving email and/or text (SMS) messages may impact your use of the Services. 

Promotional Codes.  To the extent legally permissible in your state of residence, VoterDrive may, in VoterDrive's sole discretion, provide you a promotional code that may be redeemed via Uber's ride-sharing platform for a credit of up to $10 per ride for a ride to and/or from your local polling place ("Promo Codes").  You will be responsible for the cost of any charge for a ride in excess of $10.  You agree that Promo Codes: (i) must be used for the intended 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 VoterDrive; (iii) may be disabled by VoterDrive at any time for any reason without liability to VoterDrive; (iv) may only be used pursuant to the specific terms that VoterDrive establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.  VoterDrive 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 VoterDrive 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. 

Network Access and Devices.  You are responsible for obtaining the data network access necessary to use the Service. Your mobile network's data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device or in connection with your sending and/or receiving text (SMS) messages in connection with your use of the Service. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. VoterDrive does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment 

You understand that each Promo Code provided to you provides a credit of up to $10 that may be applied through Uber's ridesharing platform in connection with a ride to or from your local polling place.  You also understand that you are responsible for any cost of the ride in excess of $10.  All rides are subject to Uber's Terms of Use, pricing and payment terms, and any other applicable Uber supplemental terms that apply to your use of Uber's service.  You also acknowledge and agree that the ride cost applicable in certain geographical areas may increase substantially during times of high demand.

Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.  THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND ONLY WHERE UBER OPERATES AND WHERE PERMITTED BY APPLICABLE LAW.  VOTERDRIVE 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, VOTERDRIVE 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. VOTERDRIVE 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.  NEITHER VOTERDRIVE NOR ITS AFFILATES, LICENSORS OR SPONSORS (TOGETHER THE "VOTERDRIVE PARTIES") SHALL BE LIABLE FOR ANY DIRECT OR 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 ANY OF THE VOTERDRIVE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE VOTERDRIVE PARTIES 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 UBER OR BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ANY OF THE VOTERDRIVE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE VOTERDRIVE PARTIES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ANY VOTERDRIVE PARTY'S REASONABLE CONTROL.  YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME UBER REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL AGGREGATE LIABILITY OF THE VOTERDRIVE PARTIES TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TEN U.S. DOLLARS (US $10).

VOTERDRIVE'S SERVICES MAY BE USED BY YOU TO OBTAIN A PROMO CODE THAT YOU MAY THEN USE ON UBER'S RIDESHARING PLATFORM IN CONNECTION WITH YOUR REQUEST AND SCHEDULING OF TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT NONE OF THE VOTERDROVE PARTIES HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU VIA UBER'S RIDESHARING PLATFORM OR BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER ANY RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.  

Indemnity.  You agree to indemnify and hold VoterDrive, its affiliates, licensors and sponsors, and its and their respective officers, directors, members, stockholders, employees, agents and representatives harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable 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 or any of Uber's Terms of Use; (iii) the use of your information as permitted by these Terms of Use; or (iv) your violation of the rights of any third party, including Third Party Providers.

Dispute Resolution

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and VoterDrive, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and VoterDrive are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and VoterDrive otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.  

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.  

If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and VoterDrive submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.  

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The party who prevails in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.   

Other Provisions

Choice of Law.  These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

General.   You may not assign these Terms without VoterDrive's prior written approval. VoterDrive may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of VoterDrive's equity, business or assets; or (iii) a successor by merger or other legal combination.  Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, VoterDrive, Uber 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. VoterDrive'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 VoterDrive in writing.

 

Effective:  September 7, 2016