Terms

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These Terms of Use ("Terms") govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by Delta Hawk Protective Agency, Inc. DBA: DDS Taxi. and its subsidiaries and affiliates (collectively, “DDS Taxi").

 

 

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In this Agreement, the words "including" and "include" mean "including, but not limited to."

 

 

 

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and DDS Taxi. 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. DDS Taxi 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 Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

 

 

DDS Taxi may amend the Terms related to the Services from time to time. Amendments will be effective upon DDS Taxi's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service.

 

 

THE SERVICES

 

The actual Services constitute a technology platform that permits users of DDS Taxi's cellular applications or websites provided within the Services (each, an "Application") to set up and schedule transportation and/or logistics services with 3rd party providers of such products and services, including independent third celebration transportation providers and 3rd party logistics providers under arrangement with DDS Taxi or certain of DDS Taxi's subsidiaries ("Third Get together Providers"). Unless otherwise agreed by DDS Taxi in a very separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT DDS Taxi DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR WORK AS A TRANSPORTATION CARRIER. DDS Taxi's SERVICES CAN BE UTILISED BY YOU TO OBTAIN AND SCHEDULE TRANSPORTATION OR PERHAPS LOGISTICS SERVICES WITH VACATION PROVIDERS, BUT YOU AGREE THAT DDS Taxi DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR YOUR REQUIREMENTS RELATED TO ANY TRANSPORT OR LOGISTICS PROVIDED FOR YOUR REQUIREMENTS BY THIRD PARTY PROVIDERS BY USING THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

 

 

 

DDS Taxi DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF VACATION PROVIDERS. IT IS SOLELY YOUR OWN RESPONSIBILITY TO DETERMINE IF AN UNAUTHORISED PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. DDS Taxi WILL NOT ENGAGE IN DISPUTES BETWEEN YOU AND AN UNAUTHORISED PROVIDER. BY USING YOUR SERVICES, YOU ACKNOWLEDGE THAT YOU MIGHT BE EXPOSED TO SITUATIONS INVOLVING VACATION PROVIDERS THAT ARE POSSIBLY UNSAFE, OFFENSIVE, HARMFUL FOR YOU TO MINORS, OR OTHERWISE OBJECTIONABLE, UNDERSTANDING THAT USE OF THIRD GATHERING PROVIDERS ARRANGED OR SCHEDULED WHILE USING SERVICES IS AT YOUR INDIVIDUAL RISK AND JUDGMENT. DDS Taxi SHALL NOT HAVE ANY LIABILITY ARISING FROM OR AT ALL RELATED TO YOUR DEALS OR RELATIONSHIP WITH VACATION PROVIDERS.

 

 

 

LICENSE

 

Subject to your compliance with these Terms, DDS Taxi 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 DDS Taxi and DDS Taxi'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 DDS Taxi; (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.

 

 

 

 

 

OWNERSHIP

 

The Services and all rights therein are and shall remain DDS Taxi's property or the property of DDS Taxi'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 DDS Taxi's company names, logos, product and service names, trademarks or services marks or those of DDS Taxi's licensor.

 

 

 

YOUR USE OF THE SERVICES

 

 

 

USER ACCOUNTS

 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to DDS Taxi certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid credit card. 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 credit card on file, may result in your inability to access and use the Services or DDS Taxi's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by DDS Taxi in writing, you may only possess one Account.

 

 

 

USER REQUIREMENTS AND CONDUCT

 

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. 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 DDS Taxi may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.

 

 

 

 

 

PROMOTIONAL CODES

 

DDS Taxi may, in DDS Taxi's sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider's services, subject to terms that DDS Taxi establish 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, unless expressly permitted by DDS Taxi; (iii) may be disabled by DDS Taxi at any time for any reason without liability to DDS Taxi; (iv) may only be used pursuant to the specific terms that DDS Taxi establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. DDS Taxi 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 DDS Taxi 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

 

 

DDS Taxi may, in DDS Taxi's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to DDS Taxi 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 DDS Taxi, you grant DDS Taxi 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 DDS Taxi'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 DDS Taxi 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 DDS Taxi'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 DDS Taxi in its sole discretion, whether or not such material may be protected by law. DDS Taxi may, but shall not be obligated to, review, monitor, or remove User Content, at DDS Taxi's sole discretion and at any time and for any reason, without notice to you.

 

 

 

NETWORK ACCESS AND DEVICES

 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. DDS Taxi does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

 

PAYMENT

 

You understand that use of the Services may result in payments by you for the services you receive from a Third Party Provider ("Charges"). After you have received services obtained through your use of the Service, DSS Taxi will facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. 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 DDS Taxi. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. DDS Taxi will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

 

 

 

All Charges are due immediately and payment will be facilitated by DDS Taxi using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DDS Taxi may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.

 

 

 

DDS Taxi reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in DDS Taxi's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand of the Services. DDS Taxi will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DDS Taxi may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar 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 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 provided. Except with respect to taxicab transportation services requested through the Application, DDS Taxi does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by DDS Taxi (on DDS Taxi's website, in the Application, or in DDS Taxi's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services provided is not intended to suggest that DDS Taxi 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 obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. In the event you feel unwelcome pressure to provide a gratuity, you may factor that experience into the rating or additional feedback you give.

 

 

 

REPAIR OR CLEANING FEES

 

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from your use of the Services in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by DDS Taxi in DDS Taxi's reasonable discretion, DDS Taxi reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your preferred payment method designated in your Account. Such amounts will be transferred by DDS Taxi to the applicable Third Party Provider and are non-refundable.

 

 

 

DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

 

 

DISCLAIMER

 

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DDS Taxi 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, DDS Taxi MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

 

 

 

LIMITATION OF LIABILITY

 

DDS Taxi SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF  DDS Taxi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DDS Taxi SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU 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 DDS Taxi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DDS Taxi SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DDS Taxi's REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH DDS Taxi MAY OFFER DDS Taxi SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL DDS Taxi'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).

 

THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

 

 

 

INDEMNITY

 

You agree to indemnify and hold DDS Taxi 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; (ii) your breach or violation of any of these Terms; (iii) DDS Taxi's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

 

 

DISPUTE RESOLUTION

 

ARBITRATION

 

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 DDS Taxi, 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 DDS Taxi 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 DDS Taxi 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.

 

 

 

ARBITRATION RULES AND GOVERNING LAW

 

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.

 

 

 

ARBITRATION PROCESS

 

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California 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.

 

 

 

ARBITRATION LOCATION AND PROCEDURE

 

Unless you and DDS Taxi otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and DDS Taxi 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.

 

 

 

 

 

ARBITRATOR'S DECISION

 

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. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. DDS Taxi will not seek, and hereby waives all rights DDS Taxi may have under applicable law to recover, attorneys' fees and expenses if DDS Taxi prevail in arbitration.

 

 

 

FEES

 

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, DDS Taxi will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

 

 

 

CHANGES

 

Notwithstanding the provisions of the modification-related provisions above, if Company 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 DDS Taxi written notice of such rejection by email to: along with the email address associated with your Account to: Ride@DDS.Taxi, 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 DDS Taxi 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).

 

 

 

 

 

 

 

OTHER PROVISIONS

 

 

CHOICE OF LAW

 

These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.

 

 

 

CLAIMS OF COPYRIGHT INFRINGEMENT

 

Claims of copyright infringement should be sent to DDS Taxi's designated agent. Please contact Ride@DDS.Taxi for more information.

 

 

 

GENERAL

 

 

You may not assign these Terms without DDS Taxi's prior written approval. DDS Taxi may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DDS Taxi'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, DDS Taxi 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. Our 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 DDS Taxi in writing.

 

DDS – DRIVER SERVICE
Client Agreement

This Client Agreement (this “Agreement”) is made and entered into as of the date on the front of the receipt by and between Designated Drivers Service (“DDS”), and California company, which has a mailing address of 2690 Bechelli Ln., STE E, Ca 96001, and the person identified on the signature page (“Client”).

  1. Client hereby designates Designated Driver Service sending a car and two drivers (a “Driver”) to pick Client up at a designated location and to drive Client to his or her home in Client’s own car with seatbelts for Client, guests and driver. The second driver will drive a second vehicle to retrieve the first driver. DDS is not a taxi or limousine service. If Client has passengers in need of separate drop-off at private residences or hotels, passengers will first be dropped off with the Client dropped off last. Client will pay DDS and fee according to DDS’s standard fee schedule for either an Individual or Group Client.
  2. Client hereby represents and warrants to DDS and its Drivers that as of each date on which he or she requests the DDS Service:
    1. Client is the rightful owner, lessee or caretaker of the vehicle/s listed below. (the “Vehicle”);
    2. The Vehicle’s registration, insurance and license tags are current; and that the vehicle is covered by a fully comprehensive insurance policy.
    3. The Vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Vehicle to be unsafe to drive;
    4. No contraband, substance or other items which are illegal for public transport are concealed or within the Vehicle;
    5. The Vehicle has sufficient fuel to reach the drop-off location.

3. Client agrees to or authorizes the following:

a. To allow DDS Driver to drive Client’s Vehicle for the purposes set forth in this Agreement;
b. To obey all civil and criminal laws, including but not limited to seat belt and open container laws;
c. To pay a $50 cancellation fee for failure to show at pre-arranged pick-up point. (Charge will be invoiced.)
d. To avoid all unnecessary physical contact with the Driver, before, during and after the pick-up, transport and drop-off;
e. To pay any expenses required to get the Client’s vehicle to its destination, including but not limited to: (I) fuel costs if Driver, in his or her sole discretion, concludes that based on the Vehicle’s fuel gauge reading, the Vehicle has insufficient fuel to reach the desired drop-off point; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Vehicle; and (iii) parking fees;
f. Subject to paragraphs h and I below, Client hereby authorizes DDS or its Driver to seek emergency medical care in the event Client is injured or becomes ill during transport from the pick-up location to the drop-off location;
g. Client hereby authorizes DDS to leave the Vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency, as contemplated by paragraph g above; keys will be retained by DDS until such time as Client or a family Client or other authorized person authorizes their release.

Emergency contact and phone number:
h. Client provides the following name and phone number for an emergency contact person:

 I. If an emergency arises, Client authorizes DDS and the Driver to attempt contact with the person named in paragraph g above.

4. DDS and its Drivers reserve the right to refuse to provide the DDS Service to Client or to any other person if, in the Driver’s sole discretion, such service would be unsafe to the Driver because: (a) Client or such other person is impaired to the point of unconsciousness; (b) Client or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (c) the Vehicle is unsafe to drive; or (d) any other facts or circumstances relevant to Driver’s safety, as determined in Driver’s sole discretion.

5. DDS provides its DDS Service subject to availability and assumes no liability should all Drivers be booked at the precise time when service is requested.

6. Client acknowledges that in exchange for the privileges and peace of mind associated with the DDS Service, Client hereby: (a) releases DDS, its Clients, managers, employees, agents and Drivers from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the DDS Service; and (b) agrees not to initiate any legal proceedings against DDS, its Clients, managers, employees, agents or Drivers with respect to any such claims for damages, which Client is releasing. Client is aware that various risks are involved in the DDS Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. Despite these and the other risks, Client wants this service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.

7. Without limiting paragraph 5 and 6 above, DDS’s and its Drivers’ liability for failure to perform under this Agreement or for injury or damage will be limited to $500. In no event will DDS or its Drivers be liable for special, consequential, exemplary or punitive damages, even if advised of their possible existence.

8. Client will indemnify, defend and hold DDS, its Clients, employees, agents and Drivers harmless from and against any and all losses, liabilities, damages, fines, penalties and expenses (including attorneys’ fees) arising from or resulting from any breach of the representations, warranties or covenants contained in this Agreement.

9. Client fully intends and understands that the waiver of liability and hold harmless provisions of this agreement shall bind the Client’s family, heirs, assigns, or personal representatives.

10. Client acknowledges and agrees that at the time DDS Service is requested, Client may be intoxicated. Accordingly, Client hereby affirms that this Agreement and the waivers and releases contained herein are binding on Client and will continue to be binding, notwithstanding the fact that Client may be intoxicated at the time he or she requests DDS Service.

11. This Agreement is governed by the laws of the State of California, without regard to conflicts of law principles.

12. If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Agreement will continue in full force and effect.

13. DDS will be deemed to have accepted this Agreement, without execution, upon the acceptance of payment of Client fees.

14. Each Driver is hereby designated as a third-party beneficiary of this Agreement.

By signing on the front, or by submitting this Agreement to DDS electronically without a manual signature, Client acknowledges that he or she has read and understood this Agreement and agrees to be legally bound by its terms.