terms-of-use-app

 

 

MyRide901 Terms of Use

Welcome to MyRide901.

MyRide901 is owned and operated by Professional Services Plus Inc. which is a corporation registered in the province of Ontario, Canada. Throughout this document, the terms “We”, “Us” and “Our” will be deemed to refer to Professional Service Plus Inc.

These Terms of Use, the Privacy Policy and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You agree to comply with all the above when accessing or using our Services.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY PART OF MYRIDE901, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, EXIT THIS PAGE AND DO NOT ACCESS OR USE MYRIDE901. USE OF MYRIDE901 IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.

MyRide901 is meant for those at least thirteen (13) years of age. Use of the MyRide901 by anyone under the age of 13 is a violation of the Terms of Service. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the MyRide901.

Updates to Terms of Service; Integration. We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of MyRide901. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use MyRide901, you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. We recommend that you review the Terms of Service prior to each use of MyRide901. In addition, when using particular services or features on MyRide901, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.

Modifications to MyRide901. Features of MyRide901 may be modified/deleted and may be temporarily or permanently suspended at any time, with or without notice. Fuelly will not be liable to you or any third party for any modification, suspension, or discontinuance of MyRide901.

Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You will not transfer your Account to another party without our consent.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at MyRide901 Customer Support.

Using the Services. You will not do any of the following bad things:

  • violate any laws;
  • be false or misleading;
  • infringe any third-party right;
  • share your MyRide901 content, such as vehicle timelines and/or service events with others who have not registered as users with the MyRide901 app without first obtaining their consent to do so;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm MyRide901 or the interests or property of MyRide901 users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the MyRide901;
  • copy, modify, or distribute any other person’s content;
  • use any robot, spider, scraper or other automated means to access MyRide901 and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to MyRide901.

Abusing MyRide901 Services. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off MyRide901 if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off MyRide901 or not, we do not accept any liability for monitoring MyRide901 or for unauthorized or unlawful content on MyRide901 or use of MyRide901 by users.

Fees and Services. Using the Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).

Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for Professional Services Plus Inc. to comply with its obligations under applicable law. To the extent that such information is not provided, Professional Services Plus Inc. will in its discretion determine and collect appropriate taxes.

While many features of the Services are available across the MyRide901 mobile application and its associated website, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.

Content. The Services contain information from us, you, and other registered and non-registered users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify us at MyRide901 Customer Support, and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Disclaimers and Limitations of Liability. The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. For content on the Services coming from other registered and non-registered users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any content or user communications or the quality or legality of information posted. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied. We are not liable for any loss, whether of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of MyRide901, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

Indemnification. You will indemnify and hold harmless Professional Services Plus Inc. and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Personal Information. By using Services, you agree to the collection, transfer, storage and use of your personal information by Professional Services Plus Inc. (the “data controller”) on servers located in the United States and in the European Union as further described in our privacy policy.

General. These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

Professional Services Plus Inc.
Re: User Inquiries

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to MyRide901 Customer Support.

 

Mobile Devices Terms

When accessing the Services from a mobile device using a MyRide901 mobile application (the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.

Application Use. MyRide901 grants you the right to use the Application pursuant to the following restrictions: you may not (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair the Application or interfere with any party’s use or enjoyment of the Application. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. MyRide901 owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter MyRide901’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Application.

Prohibited Countries Policy and Foreign Trade Regulation – Applications. The Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties).

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

  • These terms are an agreement between you and us, and not with Apple. Apple is not responsible for the Application and the content thereof.
  • We grant you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in Apple’s then-current App Store Media Services Terms and Conditions.
  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  • Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
  • Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  • In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  • Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these terms against you.

Android – Google

  • These terms are an agreement between you and us, and not with Google. Google is not responsible for the Application and the content thereof.
  • Your use of the Application must comply with Google’s then-current Google Play Store Terms of Service;
  • Google is only a provider of the Google Play Store where you obtained the Application;
  • Google has no obligation or liability to you with respect to the Application or these terms; and
  • You acknowledge and agree that Google is a third-party beneficiary to these terms as it relates to the Application.

 

Beta Tester Terms

In addition to the MyRide901 Terms of Use above, Beta Testers further agree to the following:

Beta Testers Duties. Beta Tester agrees to report any flaws, errors or imperfections discovered in any software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Project, remain or become the exclusive property of the Disclosing Party.

Confidentiality. The Tester will not disclose Software or any comments regarding Software to any third party without the prior written approval of Professional Service Plus Inc. The Tester will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. The Tester will not be liable for the disclosure of any confidential information which is: (a.) in the public domain other than by a breach of this Agreement on Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to Tester without any limitation on use or disclosure prior to its receipt from Professional Service Plus Inc.; or (d.) generally made available to third parties by Professional Service Plus Inc. without restriction on disclosure.

No Support and Maintenance; Future Products. During your participation in the Beta Program or in a particular seed, Professional Services Plus Inc. is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. If, at Professional Services Plus Inc.’s option, such support is provided, it will be provided in addition to your normal warranty coverage for your computer and/or device. You agree to abide by any support rules and policies that Professional Services Plus Inc. provides to you. In order to receive such support, you acknowledge that Professional Services Plus Inc. has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.

Fees and Costs. There are no license fees for Licensee’s use of the Beta Product under this Agreement. Licensee is responsible for all costs and expenses associated with the use of the Beta Product and the performance of all testing and evaluation activities.

Modification. This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.

No Assignment. This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.

Severability. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

Last Modified: February 25, 2021