CHAPERONE DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO INDEPENDENT, THIRD PARTY DRIVERS OR VEHICLE OPERATORS TO OFFER TRANSPORTATION SERVICES THAT ARE ARRANGED THROUGH USE OF OUR SERVICES. CHAPERONE OFFERS INFORMATION AND A METHOD TO ARRANGE SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
These Terms can feel like a legal document because, well, it is a legal document. If you're going to use our Application and/or Services, we recommend you read it, maybe even twice, because we want you to gain comfort and confidence in the agreement (and we know you are looking for some reading material to put you to sleep). As an aside, some of the terms that follow may be in bold or all caps (or both). This means that it is really important (well, that’s what we took away from the longer explanation our lawyers gave us). So pay attention!!
IMPORTANT, PLEASE READ: THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
PLEASE NOTE THAT these Terms are subject to change by Chaperone in its sole discretion at any time. When changes are made, we will make a new copy of the Terms available in the Application for your review. We will also update the “Last Updated” date at the top of these Terms. We will require you to provide consent to the updated Terms in a specified manner before further use of the Application or the Services are permitted.
Chaperone provides a platform to connect individuals who need transportation services (“Passenger Parents/Guardians”) for select family members (“Rider”) with driving parents authorized to provide transportation services using their own vehicles (“Driving Parents”). CHILDREN MAY NOT USE OUR APPLICATION, SITE OR SERVICES. We refer to each one-way transportation trip as a “Ride” in these Terms. Passenger Parents/Guardians, Driving Parents and other visitors to the Chaperone Properties are referred to collectively as “Users”. Based on your role as a Driving Parent or Passenger Parent/Guardian, certain Supplemental Terms apply. The Passenger Parent/Guardian Supplemental Terms can be found here and are incorporated by reference herein for any Passenger Parent/Guardians. By agreeing to these Terms, Passenger Parent/Guardians shall be subject to and bound by the Passenger Parent/Guardian Supplemental Terms. The Driving Parent Supplemental Terms can be found here and are incorporated by reference herein for any Driving Parent. By agreeing to these Terms, Driving Parents shall be subject to and bound by the Driving Parent Supplemental Terms. By “Chaperone Properties”, we mean the Application, Site, Service and the information and content available in any of the foregoing.
2. Requirements for Use of Our Site and Services.
In order to use our Site and Services as either a Driving Parent or Passenger Parent/Guardian, all of the following requirements apply:
a. You must be at least 18 years of age.
b. You must register for an account on our Site to schedule a Ride as a Driving Parent or Passenger Parent/Guardian. You agree not to create an account using a false identity or this information, or on behalf of someone other than yourself. You shall have no ownership or other property interest in your account.
c. You must safeguard your username and password information; you may not share this information with anyone else and are responsible for all activity on your account. You agree that you shall monitor your account to restrict use by minors and you shall not allow your children to use your account.
d. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form.
e. Chaperone reserves the right to remove or reclaim any usernames at any time and for any reason.
f. You must provide all equipment and software necessary to connect to the Chaperone Properties, including but not limited to, a mobile device that is suitable to connect with and use the Chaperone Properties. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Chaperone Properties.
g. You must treat all information about participants in our Services, including profile information about Driving Parents, Passenger Parent/Guardians and Riders, and other User Submissions (defined below) as confidential information. You may use this information only for the purpose of fulfilling your obligations as a participant in the Services, and you may not share this information with any third party.
3. Mobile Application.
a. Subject to your compliance with these Terms, Chaperone grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to access the Services for your own internal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
b. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that these Terms are between you and Chaperone and not with the App Store. Chaperone, not the App Store, is solely responsible for the Services and Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to the internet, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services (including but not limited to those set forth in Section 2.7). You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
c. The following applies to any App Store Sourced Application:
a. You acknowledge and agree that (i) these Terms are concluded between you and Chaperone only, and not Apple, and (ii) Chaperone, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Chaperone and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Chaperone.
d. You and Chaperone acknowledge that, as between Chaperone and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. You and Chaperone acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Chaperone and Apple, Chaperone, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
f. You and Chaperone acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
g. Without limiting any other provision of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
d. Certain software code incorporated into or distributed with the Application may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under Section 3(a) and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
e. When you use our Application, we collect location information from the GPS functionality on your device. You hereby authorize us and our Services to take such actions and access such data. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device, but our Services may not function as intended. You hereby authorize the Application to access such components of your mobile device. You acknowledge and agree that: (a) such information may be made available to Driving Parents (if you are an Passenger Parent/Guardian) or Passenger Parent/Guardians (if you are a Driving Parent); and (b) Chaperone merely makes this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties.
f. Certain features of the Services require access to and use of your device's map features or functionality or other third party services. Any use of those features will be subject to the terms and conditions applicable to such maps or other application. By using the Services, and depending on your device’s operating system, you may also agree to the Google Maps end-user terms located at http://www.google.com/help/terms_maps.html (as may be changed from time to time by Google). It is your sole responsibility to review the terms and conditions that apply to Google Maps before using it; these Terms do not apply to any activities conducted via the Google Maps site. Likewise, by using Services, you may also agree to the Apple end-user terms located at http://www.apple.com/legal/sla/ (as may be changed from time to time by Apple). It is your sole responsibility to review the terms and conditions that apply to Apple mobile devices before using them.
g. You understand that the Application and the Services are evolving. As a result, Chaperone may require you to accept updates to the Application or other software that you have installed on your computer or mobile device. You acknowledge and agree that Chaperone may update the Application with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the Application.
4. Deactivation of Account
a. Chaperone may immediately deactivate your Account as a Driving Parent or Passenger Parent/Guardian if you violate these Terms or the then-current Chaperone Guideline, posted at: www.gochaperone.com/chaperone_guidelines (“Chaperone Guideline”). The Chaperone Guideline are incorporated by reference into these Terms.
b. You may not participate as a Driving Parent or a Passenger Parent/Guardian in the Services or use the Site after your Account has been deactivated unless and until re-authorized by Chaperone.
5. Communication from Chaperone.
You consent to e-mail and text message/SMS communication from Chaperone and other participants in the Services, including Driving Parents and Passenger Parent/Guardians. We do not charge for this Service. However, you are responsible for all message and data rates that may be charged from your carrier for these messages. You may not opt-out from these messages, as they are necessary for providing the Services. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
6. Intellectual Property.
The Chaperone Properties are protected by copyright laws and subject to other intellectual property and proprietary rights and laws. Subject to these Terms, Chaperone grants you a limited license to reproduce portions of the Chaperone Properties for your internal use. Unless otherwise specified by Chaperone in a separate license, your right to use any Chaperone Properties that you access or download through the Application or the Services is subject to these Terms. Except for User Submissions (defined below) and third party content, the Site and the Services, including text, software, graphics, photos, interactive features and other content and the trademarks and logos displayed on the Site are owned by Chaperone and its licensors and are subject to copyright, trademark, and other intellectual property rights under U.S. laws.
7. Prohibited Uses.
While visiting or using the Chaperone Properties, you are prohibited from:
8. User Submissions.
The Chaperone Properties may enable you to post, upload, e-mail, transmit or otherwise make available, your own content, information data or materials through the Services (“User Submissions”). User Submissions are the sole responsibility of the party from whom such User Submissions originated. You grant us a non-exclusive, fully-paid, world-wide, transferable, perpetual, irrevocable, royalty-free license, with the right to grant sublicenses, to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use your User Submissions in any manner, in any medium, for any purpose in connection with Chaperone, the Site or the Services. You acknowledge and agree that you have no expectation of compensation or confidentiality with respect to any User Submission. User Submissions may be available to all users of the Site. We may refuse or remove User Submissions at any time. You represent and warrant that: (a) you own all rights in your User Submissions or you have acquired all necessary rights in your User Submissions to enable you to grant Chaperone the rights in your User Submissions described above, and (b) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or other rights of any third party. We have no obligation to pre-screen User Submissions or any other content on the Site or Services, although we reserve the right in our sole discretion to pre-screen, refuse or remove such content.
If you provide us with any suggestions or feedback, we may use these suggestions or feedback for any purpose without attribution, accounting or compensation to you on a perpetual basis.
10. Third Party Websites and Service Providers.
As a part of the Chaperone Properties, you may have access to materials that are hosted by another party (including the maps referenced above in Section 3). You agree that it is impossible for Chaperone to monitor such materials and that you access these materials at your own risk. The Site may provide information from and links to third party websites (“Third Party Websites”) and advertisements for third parties (collectively, “Third Party Websites & Ads”). When you click on a link to a Third Party Website & Ad, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Websites are not under the control of Chaperone. Chaperone is not responsible for any Third Party Websites & Ads. Chaperone provides these Third Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third Party Websites & Ads at your own risk. When you leave our Website, our Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
YOUR USE OF THE CHAPERONE PROPERTIES IS AT YOUR SOLE RISK. THE CHAPERONE PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHAPERONE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT), INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY BOOSTER SEATS PROVIDED BY CHAPERONE OR THE INSTALLATION OF SUCH BOOSTER SEATS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE CHAPERONE PROPERTIES OR THE DRIVING PARENTS, PASSENGER PARENT/GUARDIANS, RIDERS OR OTHER USERS. DRIVING PARENTS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THIS AGREEMENT. DRIVING PARENTS ARE NOT AGENTS, EMPLOYEES, JOINT VENTURERS, AFFILIATES, FRANCHISEES OR PARTNERS OF CHAPERONE. WE DO NOT CONTROL, OR HAVE THE RIGHT TO CONTROL, DRIVING PARENTS, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE OR ANY APPLICABLE SUPPLEMENTAL TERMS OR AS REQUIRED BY APPLICABLE STATE AND/OR FEDERAL LAW. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR PERFORMANCE OF DRIVING PARENTS. WE DO NOT GUARANTEE PASSENGER PARENT/GUARDIANS THAT ANY RIDE REQUEST WILL BE ACCEPTED BY DRIVING PARENTS OR THAT DRIVING PARENTS WILL RECEIVE ANY PARTICULAR NUMBER OF RIDE REQUESTS BY PASSENGER PARENT/GUARDIANS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH DRIVING PARENTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, INCLUDING THE ACTS OF DRIVING PARENTS, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. WE DO NOT REPRESENT OR ENDORSE, AND SHALL NOT BE RESPONSIBLE FOR YOUR ABILITY OR INABILITY TO OFFER OR OBTAIN A RIDE USING THE SERVICES.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COVERED PARTIES (AS DEFINED ABOVE IN SECTION 11) BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL THE COVERED PARTIES TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES ARISING UNDER OR RELATED TO YOUR USE OF THE SITE AND THE SERVICES EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOUR RIDE REQUESTS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY AND (II) TEN DOLLARS (U.S. $10.00). THESE LIMITS APPLY EVEN IF A STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITS ON CERTAIN LIABILITIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
You hereby release the Covered Parties from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Application or Services, or (ii) any transportation services arranged as a result of your activities through the Chaperone Properties. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now 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.”
You will indemnify, defend, and hold harmless the Covered Parties against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to (a) your violation or breach of any provision of these Terms, the Chaperone Guidelines or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Driving Parents, Passenger Parent/Guardians and Riders, or (c) your use of, or inability to use, the Chaperone Properties or any activity or Ride resulting from such use. Chaperone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Chaperone in asserting any available defenses. You agree that the provisions in this section will survive deactivation of your Account or the Services.
15. Right to Modify or Discontinue the Services.
Chaperone reserves the right to modify or discontinue the Services with or without notice to you. Chaperone shall not be liable to you or any third party should Chaperone modify or discontinue the Services. Chaperone has no obligation to continue providing any Services. If you want to terminate any Services provided by Chaperone, you may do so by (a) notifying Chaperone at any time and (b) deleting the Application from your mobile device. Your notice should be sent, in writing, to Chaperone's address set forth below. Chaperone will not have any liability whatsoever to you for any deactivation or termination. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
16. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Chaperone and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. The following Arbitration Agreement does NOT apply to Driving Parents. Instead, Driving Parents shall be subject to the Dispute Resolution provision set forth in the Driving Parent Supplemental Terms, found here.
a. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Chaperone that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Chaperone, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Chaperone should be sent to: 1015 Hope Street, Suite A, South Pasadena, CA 91030. After the Notice is received, you and Chaperone may attempt to resolve the claim or dispute informally. If you and Chaperone do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
c. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online atwww.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
d. Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
e. Time Limits. If you or Chaperone pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
f. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Chaperone, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Chaperone.
g. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Chaperone in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CHAPERONE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
h. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
i. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
j. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
k. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
l. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
m. Small Claims Court. Notwithstanding the foregoing, either you or Chaperone may bring an individual action in small claims court.
n. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
o. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
17. Other Provisions.
Last updated on August 18, 2015.
Chaperone does not provide transportation services, and is not a transportation carrier. Chaperone neither owns, leases, nor operates any vehicles. Chaperone’s business is solely limited to offering a tool for Passenger Parent/Guardians and Driving Parents to connect for the purpose of transporting Riders, in exchange for which Chaperone receives a contractually-agreed upon amount of the fee paid by Passenger Parent/Guardians to the Driving Parents.
By agreeing to these Terms, Driving Parent represents he/she is in the independent business of providing transportation services, and understands and intends to create the relationship of principal and independent contractor and not that of employer and employee. Driving Parent is not an employee, agent, joint venturer, franchisee, affiliate, or partner of Chaperone for any purpose. In addition, for Driving Parents, a “Ride” will begin at the point the Driving Parent logs on to the Application prior to pick up and continue until the transportation service is completed after drop off.
1. Driving Parent’s Obligations. In consideration for authorization to use the Chaperone Services to arrange Rides, Driving Parent represents and agrees that they will comply with the following contractual obligations:
a. Driving Parent must be at least 23 years of age, have a valid Driving Parent’s license and all other required licenses, certifications, permits, approvals and authority to provide independent transportation services to third parties in all jurisdictions in which Driving Parent operates. To ensure Driving Parent’s compliance with all legal requirements, Driving Parent must provide written copies of all such licenses, permits and other legal prerequisites prior to the date any Rides are performed. Thereafter, Driving Parent must submit to Chaperone current copies of such licenses, permits, etc., as they are renewed. To ensure all such permits and licenses remain current, Chaperone shall, upon request, be entitled to review such licenses and permits from time to time.
b. Driving Parent must provide Chaperone with proof of insurance in appropriate coverage amounts as described below.
c. Consistent with the regulations of the California Public Utilities Commission (“PUC”), Driving Parent must have a clean driving record with (i) no more than 2 moving violations (such as those involving a traffic light or stop sign) during the prior 3 years, (ii) no major violations in the past 3 years (e.g., driving on a suspended license, reckless driving), and (iii) no DUIs, drug-related moving violations, or extreme violations in the last 7 years (e.g., hit-and-run, vehicle-related felonies).
d. Driving Parents must have never been convicted of any of the following: a violent crime, a sexual offense, theft, property damage, a felony, a drug-related offense, child abuse, a misdemeanor, felony or other crime.
e. Driving Parent shall consent to Chaperone conducting a comprehensive background check, and will provide all necessary information to Chaperone so that the background check can be timely and accurately completed. Chaperone may deny Driving Parent access to the Services based on the results of the background check to the extent permitted by applicable law.
f. Driving Parent acknowledges they have fully read and accept the then-current Chaperone Guidelines. Driving Parents agree to adhere to the Chaperone Guidelines and the Terms, and all applicable laws and regulations governing the provision of transportation services in connection with any Rides arranged using the Services.
g. Driving Parents may only use the vehicle(s) approved for use by Chaperone (each an “Approved Vehicle”) for transporting Riders.
h. Driving Parents must own, lease, or have all other necessary rights, permits, licenses and certifications to lawfully operate the Approved Vehicle(s), and the Approved Vehicle(s) must be in good operating condition and meet industry appearance and safety standards and all applicable statutory and state department of motor vehicle requirements. All Approved Vehicles must first pass the PUC-required 19-point vehicle inspection and Driving Parent must provide proof of such successful inspection. Driving Parent must notify Chaperone of any change or addition to the vehicles Driving Parent intends to use to provide transportation services under these Terms by submitting to Chaperone photos, an updated description and vehicle registration and proof of inspection for any previously unidentified vehicle. The purpose of this provision is to enable Chaperone to determine whether Driving Parent’s vehicle(s) meets industry standards and to comply with applicable law.
i. Driving Parent must not make any misrepresentation about Chaperone or the Services. Driving Parents may not affirmatively solicit Passenger Parent/Guardians or Riders for their own businesses, but are otherwise free to market their businesses, including while transporting Riders, as they see fit.
j. Driving Parents must transport a Rider directly to the predetermined destination selected by the Passenger Parent/Guardian.
k. For security and identification purposes, to ensure the Rider is able to verify the Driving Parent’s identity. Chaperone shall have no right to require Driving Parent to display Chaperone’s name, logo or colors on Driving Parent’s vehicle(s) or to require that Driving Parent wear a uniform or any other clothing displaying Chaperone’s name, logo or colors, beyond what is necessary for security and identification purposes as expressly stated in these Terms or required by law. Nothing in these Terms shall limit Driving Parent’s right to display Driving Parent’s own business name, logo or colors on Driving Parent’s vehicles or Driving Parent’s apparel, to the extent doing so does not interfere with the foregoing contractual obligations.
l. Driving Parent agrees that he/she shall maintain a professional appearance consistent with industry standards while transporting Riders.
m. In order to comply with safety regulations imposed by the PUC:
i. Driving Parent may not use his/her phones or other devices for texting or voice calls for any purpose while transporting a Rider, even with Bluetooth, a speakerphone or headset, except if contacted by Chaperone, in which event Driving Parent agrees to pull safely over to the side of the road and answer the call or return Chaperone’s call. Driving Parent may use GPS devices for navigation purposes in his/her discretion, provided that all coordinates are entered prior to commencing a Ride.
ii. Driving Parent must immediately notify Chaperone and the appropriate Passenger Parent/Guardian in the event of any delay or an emergency or other event that may threaten the health or safety of a Rider. In the event that a Rider has a health emergency during the Ride, Driving Parent must call 911 or drive the Rider to the nearest hospital, as appropriate, and then contact Chaperone.
iii. Driving Parent must have their current cell phone number listed on their account at all times.
iv. If and when applicable, Driving Parent must install booster seats prior to pick up.
v. No adults over the age of 18 except for the Driving Parent, or except for the Rider’s Passenger Parent/Guardian or an adult authorized by the Rider’s Passenger Parent/Guardian, shall be present in any Approved Vehicle(s) during a Ride.
vi Driving Parent agrees not to 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.
n. During a Ride, Driving Parent will not interfere with the operation of the Application or disable the collection of location-based information from the Driving Parent’s mobile device.
p. Failure to comply with the foregoing shall constitute a material breach of the Terms.
2. Chaperone and Driving Parent may be, or are, engaged in similar agreements with others. Nothing in these Terms shall preclude Chaperone from doing business with other independent transportation service providers, nor preclude Driving Parent from entering into contracts similar to these Terms with any peer-to-peer, ridesharing, or lead generation providers. Chaperone neither has nor reserves the right to restrict Driving Parent from performing other transportation services for any company, business or individual, or from being engaged in any other occupation or business. However, Driving Parent shall not while these Terms are in effect, use his/her relationship with Chaperone (or the information gained from use of the Services) to divert or attempt to divert any Passenger Parent/Guardians or Riders from using the Chaperone Properties to a company that provides services in competition with Chaperone. For safety reasons, during any Ride, Driving Parent agrees not to run smartphone applications for other peer-to-peer, ridesharing or lead generation providers.
3. Subject to the provisions of the Terms expressly set forth herein, Driving Parent shall be solely responsible for determining how to perform the Rides arranged using the Services. Driving Parents agree to fully perform Rides in a timely, efficient and safe manner and in accordance with all Passenger Parent/Guardian and Rider specifications. The provisions of these Terms reserving authority in Chaperone have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof. Except as to those provisions, Chaperone shall have no right to, and shall not, control the manner or prescribe the method, manner, or means Driving Parents use to complete Rides.
4. Except as specifically set forth in these Terms, Driving Parent is solely responsible for all costs and expenses incident to Driving Parent performing Rides under these Terms, including, but not limited to, costs of fuel, fuel taxes, wages, employment taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes, licensing, insurance coverage, unemployment insurance and workers’ compensation contributions, and any other tax, fine or fee imposed or assessed against the equipment or you by any state, local, or federal authority as a result of an action by Driving Parent or Driving Parent’s personnel in the performance of Rides pursuant to these Terms. Failure to comply with these the foregoing shall constitute a material breach of the Terms.
5. Driving Parent is not required to purchase, lease or rent any products, equipment or services from Chaperone as a condition of entering into these Terms.
6. How to Accept a Ride. After Driving Parent is authorized to use the Services to arrange a Ride, the Driving Parent will receive notifications via Chaperone App indicating that an Passenger Parent/Guardian is requesting a ‘hank shake’, to meet in person and getting to know each others. Once the driving parent and passenger parent/guardian meet and sign the waiver for the school – authorizing the driving parent to drop-off and pickup the passenger, the passenger parent is able to send ride request to the driving parent. If the Driving Parent accepts the Ride, the Driving Parent will receive additional information from us. Ride offers will expire after four (4) hours. Driving Parent has the right to accept, reject and choose between Rides offered. Chaperone does not guarantee that any Driving Parent will receive any minimum number or Ride offers. Driving Parent shall have complete discretion to designate the dates he/she will himself/herself (including Driving Parent’s personnel) and Approved Vehicle(s) available to perform Rides, and shall have no obligation to be available on any particular date. However, once Driving Parent agrees to a Ride, Driving Parent shall be contractually bound to fully perform that Ride and shall not cancel any Ride.
7. Fees: Driving Parent shall be entitled to a fee for each completed Ride provided as a result of Driving Parent’s use of the Services. Driving Parent also agrees to pay Chaperone a fee for arranging the Ride. Pricing for Rides will vary depending on the transportation service requested, the time and date of the request, and the location. Pricing is estimated at the time of the Ride request but subject to adjustment based on the final parameters of the Ride, in accordance with Chaperone’s Fee Schedule, which schedule Driving Parent shall receive in advance of providing any transportation services under these Terms. When there is a change to the terms of the Fee Schedule, Chaperone shall provide notice of such change(s) to Driving Parent via the Application or other written means. As part of our Services, we’ll help facilitate payment for Driving Parent’s provision of Rides. Prior to the disbursement to Driving Parent, any fees owed to Chaperone for arranging the Ride will be deducted and Driving Parent hereby authorizes all such debits. In all cases, Driving Parent is responsible for all applicable taxes and required fees relating to the Rides. Driving Parent is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to Driving Parent under this Agreement, and Driving Parent agrees to do so in a timely manner. If applicable, Chaperone will report the payments paid to Driving Parent under this Agreement by filing Form 1099-MISC with the Internal Revenue Service as required by law. Driving Parent will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
a. Driving Parents must possess insurance in all types of coverage and amounts required by law to provide the transportation services described in these Terms.
b. Driving Parent must have a valid policy of liability insurance (in coverage amounts equal to or greater than all applicable legal requirements) covering the operation of the Approved Vehicle(s) to cover any anticipated losses related to such Driving Parent’s provision of Rides to Riders. Driving Parent must provide proof of insurance to Chaperone before participating in the Services.
c. Driving Parent must be named or scheduled on their personal insurance policy covering the Approved Vehicle(s), and must also name any of their personnel that are authorized to use the Services.
d. Chaperone shall maintain all insurance it is required by law to maintain in connection with the Rides arranged using the Services.
e. Industrial Injury Insurance. Driving Parent shall be responsible for maintaining appropriate industrial injury insurance to the extent required by law. If permitted by law, Driving Parent may choose to insure Driving Parent and any personnel against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance.
f. Failure to comply with these insurance requirements shall constitute a material breach of the Terms.
9. Dispute Resolution—PLEASE READ.
a. MANDATORY AND EXCLUSIVE ARBITRATION: Chaperone and Driving Parent mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall apply to any and all claims arising out of or relating to the Terms or these Driving Parent Terms, Driving Parent’s classification as an independent contractor, Driving Parent’s provision of Rides under the Terms or these Driving Parent Terms (including any Rides provided by Driving Parent’s personnel), the payments received by Driving Parent and/or its personnel for providing Rides under the Terms or these Driving Parent Terms, the termination of the terms or these Driving Parent Terms, and all other aspects of Driving Parent’s relationship with Chaperone, past or present, whether arising under federal, state or local statutory and/or common law.
(a) If either Party wishes to initiate arbitration, the initiating Party must notify the other Party in writing via email, certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Driving Parent must be delivered to 1015 Hope Street, Suite A, South Pasadena, CA 91030. Any demand for arbitration by Chaperone must be delivered to Driving Parent’s last known address.
(b) Class Action Waiver: Driving Parent and Chaperone mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
(c) Driving Parent agrees and acknowledges that entering into this arbitration agreement does not change Driving Parent’s status as an independent contractor in fact or in law, that Driving Parent is not an employee of Chaperone and that any disputes in this regard shall be subject to arbitration as provided herein.
(d) Any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), except as follows:
1. The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney or retired judge with experience in the law underlying the dispute.
2. If the Parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in the county in which Driving Parent provided Rides under the Terms and these Driving Parent Terms.
3. Unless applicable law provides otherwise, as determined by the Arbitrator, the Parties agree that Chaperone shall pay all of the Arbitrator’s fees and costs.
4. The Arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
5. Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
6. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
7. The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
8. Either Driving Parent or Chaperone may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Dispute Resolution provision may be rendered ineffectual.
(e) Regardless of any other provision in the Terms or these Driving Parent Terms, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
(f) The AAA Rules may be found at www.adr.org or by searching for “AAA Commercial Arbitration Rules” using a service such as www.Google.com or www.Bing.com. Driving Parent may also request a copy directly from Chaperone.
(g) Right To Consult With An Attorney: Driving Parent has the right to consult with private counsel of Driving Parent’s choice with respect to any aspect of, or any claim that may be subject to, this Dispute Resolution provision. In the event any portion of this Dispute Resolution provision is deemed unenforceable, the remainder of this Dispute Resolution provision will be enforceable. If the Class Action Waiver is deemed to be unenforceable, Driving Parent and Chaperone agree that the Dispute Resolution provision is otherwise silent as to any party’s ability to bring a class, collective or representative action in arbitration.
10. Term/Termination. Chaperone and Driving Parent agree that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Driving Parent the right to choose when to make himself/herself available and each Ride is treated as a separate service arrangement. These terms may be terminated by either the Driving Parent or Chaperone upon seven (7) days’ written notice, or immediately upon written notice in the event of a material breach of the Terms. What constitutes a material breach is not limited by the express provisions of the Terms. After notice of termination of the Terms and these Driving Parent Terms, Driving Parent agrees to return the Chaperone t-shirt and trade dress to Chaperone within 24 hours.
1. Requirement for Passenger Parent/Guardians.
a. If you are a Passenger Parent/Guardian, you must fully and accurately complete the Family Information Form, and immediately update the form if there are any changes to this information
a. If you are a Passenger Parent/Guardian, you must fully and accurately complete the Family Information Form, and immediately update the form if there are any changes to this information
b. Passenger Parent/Guardian must ensure that the Rider is familiar with and follows all applicable rules and guidelines set forth in these Terms and the Chaperone Guidelines.
c. Passenger Parent/Guardian will inform Chaperone regarding any health concerns or any specific instructions regarding the pickup or drop-off of the Rider for communication to the Driving Parent.
d. Passenger Parent/Guardian will have and maintain all necessary permissions to enable Driving Parent to pick up Rider from the applicable pickup location and drop-off Rider at the applicable destination.
e. Passenger Parent/Guardian will provide emergency contact information for the Rider on the Family Information Form.
f. We reserve the right to refuse any potential Passenger Parent/Guardian or to suspend or terminate any Passenger Parent/Guardian’s approved status at any time, for any reason or no reason.
g. You agree not to circumvent our Services to interact with a Driving Parent outside of our Services.
h. Passenger Parent/Guardians will ensure that all Riders: (1) comply with all Chaperone Guidelines; and (2) are available at the designated place promptly at the scheduled pick-up time and in the exact location noted on any specific instructions provided by the Passenger Parent/Guardian. Driving Parents will wait 3 minutes after the scheduled pickup time before contacting Chaperone for more information. In no event shall a Driving Parent be required to wait more than 5 minutes for a Rider.
i. We reserve the right to refuse any potential Passenger Parent/Guardian or Rider or to suspend or terminate any Passenger Parent/Guardian’s or Rider’s eligibility to obtain Rides at any time, for any reason or no reason.
2. How to Arrange a Ride. Passenger Parent/Guardians will meet with Driving Parent in person as part of our on-boarding handshake process with the Riders. Once Passenger Parent/Guardians, Driving Parents and Riders get to know each other and confirm the Meet and Greet step on the application, the Passenger Parent/Guardian is set to arrange Rides for Riders through the Site or Application. Passenger Parent/Guardians will input their ride requests and forward to the Driving Parent that they have confirmed Meet & Greet process. A RIDE REQUESTED IS NOT A GUARANTEE THAT A RIDE WILL BE ARRANGED OR PROVIDED. ALL RIDES MUST BE CONFIRMED BY Chaperone. Although Passenger Parent/Guardians will be notified of the matched Driving Parent prior to the Ride, Passenger Parent/Guardians acknowledge that Driving Parents may change prior to a Ride and following such notification and consent by the Passenger Parent/Guardian.
3. Promotions. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes through Services. We may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Application or Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the Chaperone Properties.
4. Cancellation of Rides. There are specific cancellation windows for any Ride and you will be charged if you fail to show and fail to cancel the reservation within the cancellation window. There is a $3 cancellation fee for rides cancelled less than 8 hours before the scheduled pickup time and the balance credit will be added back to your ride account. Please see the Chaperone Pricing and other policies on our Services for details on these cancellation periods and applicable fees. Chaperone reserves the right to charge you cancellation fees and/or no-show fees. Depending on the Rides booked and the circumstances of the cancellation or no-show, such fees range from a flat-fee to the full quoted fare. You hereby authorize any such charges and fees.
5. Effect of Termination. After termination or suspension of your status as a Passenger Parent/Guardian, you may no longer arrange transportation for Riders using the Services.
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