terms-of-use-app

 

 

MyRide901 Terms of Service

Welcome to MyRide901.

PROFESSIONAL SERVICES PLUS INC. OWNS AND OPERATES CLOUD-BASED SERVICES THAT CAPTURE AND MANAGE VEHICLE MAINTENANCE NOTES, IMAGES, AND DOCUMENTATION AS SERVICE EVENTS ON A TIMELINE THAT VEHICLE OWNERS CAN SHARE WITH OTHERS. THE SERVICES ARE OFFERRED TO YOU BY PROFESSIONAL SERVICES PLUS INC. REGISTERED OWNER OF THE MYRIDE901 TRADEMARK. FOR THE REST OF THIS TEXT, MYRIDE901 WILL BE USED, BUT IT IS UNDERSTOOD THAT MYRIDE901 IS PART OF PROFESSIONAL SERVICES PLUS INC.

Throughout this document, the terms “We”, “Us” and “Our” will be deemed to refer to Professional Service Plus Inc.

These Terms of Service, 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.

BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS OF SERVICE AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS OF SERVICE, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

The Services are meant for those at least eighteen (18) years of age. Use of the Services by anyone under the age of 18 is a violation of the Terms of Service. If you are under the age of 18 and over the age of 14, you represent that you have the consent of a parent or legal guardian to use and access the Services. If you have authorized a minor to use the Services, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Services by the minor.

Updates to Terms of Service; Integration. We may, in our sole discretion, modify the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, MyRide901 will notify you by posting an announcement on its site, notifying you via email or by posting notice on any part of the Services. What constitutes a material change will be determined at MyRide901’s sole discretion. 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 of the Services, 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 the Services. 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 the Services may be modified/deleted and may be temporarily or permanently suspended at any time, with or without notice. MyRide901 will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. The Services should not be used or relied upon for storage of your content and you are directed to retain your own copies of all content uploaded to the Services.

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. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your access to the Services, by terminating your account. Any personal information that you provide to MyRide901 is governed by the MyRide901 Privacy Policy. 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 acknowledge and agree that you, and not MyRide901, are entirely responsible for all content that you upload to the Services, or otherwise submit to the Services. MyRide901 does not control user submitted content and, as such, does not guarantee the accuracy, integrity, or quality of such content.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by MyRide901. By way of example, and not as a limitation, you agree not to use the Services:

  • To violate any applicable laws;
  • To be false or misleading;
  • To infringe any third-party right;
  • To post or transmit, or cause to be posted or transmitted, any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • To modify, copy, publish, license, sell, or otherwise commercialize the applications or any information or software associated with the applications;
  • To share your MyRide901 content, such as vehicle timelines and/or service events with others who have not registered as users with the MyRide901 Services without first obtaining their consent to do so;
  • To distribute or contain spam, chain letters, or pyramid schemes;
  • To distribute viruses or any other technologies that may harm MyRide901 or the interests or property of MyRide901 users;
  • To impose an unreasonable load on our infrastructure or interfere with the proper working of the MyRide901;
  • To use any robot, spider, scraper or other automated means to access MyRide901 and collect content for any purpose without our express written permission;
  • To harvest or otherwise collect information about others, including email addresses, without their consent;
  • To 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. If the Services are used in a manner that violates the Terms of Service in any way, MyRide901 may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Services and/or take any steps that it deems appropriate to address the situation. However, we do not accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users.

Fees. In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Subscribers changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your MyRide901 account, whether on a one-time or subscription basis. MyRide901 reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Payments. To pay any fee, you must do so through Google Play or the Apple App Store. No refunds or credits will be provided by MyRide901, other than as set forth in these Terms.

Auto-Renewal. Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

Cancellation. If you signed up through Google Play or the Apple App Store, you may cancel your subscription through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, it will result in the removal of your content from the Services pursuant to these Terms of Service.

Links. The Services may provide, or third parties may provide, links to other sites or resources. Because MyRide901 has no control over such sites and resources, you acknowledge and agree that MyRide901 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyRide901 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

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 or any other component of the Services 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 or any other component of 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 of Service or the rights of any other party.

Release and Indemnity. You hereby expressly and irrevocably release and forever discharge MyRide901, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services. You hereby agree to indemnify and hold harmless MyRide901, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms of Service, (ii) content uploaded to or posted on the Services, (iii) the use of the Services, by you or any person using your account or MyRide901 username and password, or (v) any violation of any rights of a third party. MyRide901 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Canada Operation. This Services are controlled by MyRide901 from its offices within Canada. MyRide901 makes no representation that the content or the Services are appropriate or available for use in other locations. Access to or use of the content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of Canadian export laws and regulations.

Termination. You agree that MyRide901 may, under certain serious circumstances terminate or suspend any and all Services and/or your MyRide901 account immediately, without prior notice or liability, for any serious reason whatsoever, including without limitation if you breach the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your MyRide901 account, you must do so as set out above (cancellation) and it will result in the removal of your content from the Services pursuant to these Terms of Service. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability. It is your responsibility to retain copies of your uploaded content because MyRide901 will automatically remove and delete content from your account prior to termination.

Warranty Disclaimer. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. MYRIDE901 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  MYRIDE901 DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SERVICES, (E) YOUR USE OF THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.

Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER MYRIDE901 NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CLIENTS, OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. MYRIDE901 SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MYRIDE901’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO (A) CAD$100.00; OR (B) THE TOTAL FEES COLLECTED BY MYRIDE901 FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE CLAIM.

YOU AND MYRIDE901 AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MYRIDE901 AND ALL PARTIES TO ANY SUCH PROCEEDING.

Personal Information. Please refer to MyRide901’s “Privacy Policy” for additional information on how MyRide901 stores, uses and processes all personal information.

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, without regard to conflicts of laws principles. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded. 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 of Service, the remaining Terms of Service 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.

169 Enterprise Blvd

Markham, Ontario L6G 0E7

Canada

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. – Last Modified: July 15, 2021

Last Modified: July 15, 2021