Myle Terms of Service
These Terms of Use constitute a legal agreement (the “Agreement”) between you and Myle Technologies Inc., Myle Care LLC, Myle CA LLC, Myle IN LLC, Myle NJ LLC, and Myle FL LLC (collectively “Myle”) and govern your access to and use of the platforms, apps, services, and websites (collectively “Services”), as well as any related content or services therein, made available by Myle.
Services are offered to you conditioned on your acceptance, without modification, of the Agreement contained herein. Please read these Terms carefully and retain a copy for your records. By accessing or using the Services, you expressly agree to be bound by this Agreement.
PLEASE Be advised that this agreement contains provisions that govern how claims between you and Myle can be brought. Review the ARBITRATION AGREEMENT below carefully, as it requires you to resolve ALL disputes with Myle on an individual basis and through final and binding arbitration. By entering this Agreement and using or accessing Services you acknowledge that you have read and understood the provisions herein, including the dispute resolution and arbitration provisions below, and have taken the time to consider the consequences of your acceptance thereof.
1. Eligibility
Services can only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein.
By using or accessing Services, you warrant and represent that you are at least 18 years old, are the sole authorized user of your account, and meet all applicable eligibility criteria.
By Agreeing to the below terms and conditions, the driver agrees to submit the following information and/or documentation; Driver’s License, Social Security Card number; {issued by the United States}, and/or a TLC License, when applicable. Upon submitting above information and/or documents into the Myle System, the driver agrees that these documents and/or information submitted are authentic and valid. Myle is not responsible for the submission of false or incorrect information/documentation provided by the driver.
This Agreement applies to anyone using or accessing Services, including but not limited to
“Drivers” and “Passengers” as defined below.
a. Driver means any individual providing transportation to Passengers facilitated by use of or access to Services provided by Myle.
i. Driver warrants and represents that they hold a valid, active, and unrestricted driver license issued by the State in which they reside.
ii. Driver warrants and represents that they have inspected the vehicle used to transport Passenger and that said vehicle is equipped with all safety devices required by law and is in proper operating condition.
iii. Driver warrants and represents that their use of and access to Services is for the purpose of providing intrastate transport to Passenger(s). b. Passenger means any individual being transported by Driver.
b. Passenger means any individual being transported by Driver.
i. Passenger warrants and represents that they are the individual named on the account.
ii. Passenger warrants and represents that they are using or accessing Services for non-emergency transportation only.
iii. Passenger warrants and represents that they have evaluated Services and determined they are suitable for Passenger’s transportation needs.
2. Privacy
Your use of Services is subject to Myle’s Privacy Policy which is incorporated by reference herein. Please review our Privacy Policy, which provides information on our data collection practices.
3. Electronic Communications
Using Services or sending emails to Myle constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications provided to you electronically, whether via email, or through publication on any Services, satisfy any legal requirement that such communications and/or notifications be in writing.
4. Links to Third Party Content or Providers
Services may contain links to third party content or providers not under the control of Myle.
Myle is not responsible for any third party content or provider. Myle may provide you with access to third party content or providers only as a convenience and such access does not represent endorsement or association with any such content or provider.
Certain Services made available by Myle may be delivered by third parties. By using Services you hereby acknowledge and consent that Myle may share information and data with any third party with whom Myle has a contractual relationship to provide the requested Services on behalf of Myle.
5. Cancellation Fee
A cancellation fee of no less than $1.00 and no more than $10.00 will apply to any ride cancelled once a driver is assigned. It is agreed that the cancellation fee will be assessed solely at Myle’s discretion.
6. Indemnification
To the fullest extent permitted by law, you as the account holder, agree to indemnify, defend and hold harmless Myle, its officers, directors, employees, agents, and all parties required to be indemnified by any applicable contract entered into by Myle, and any party whom Myle is obligated to defend, indemnify or insure, from and against any claims, losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to, in connection with, or arising out of, or claimed or alleged to have related to, been in connection with, or have arisen out of, your use of or inability to use Services, any user postings made by you, your violation of the Agreement, your violation of any rights of a third party, and/or your violation of any applicable laws, rules or regulations. Myle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Myle in asserting any available defenses.
This agreement contemplates full indemnification in favor of Myle its officers, directors, employees, agents, and all parties required to be indemnified by any applicable contract entered into by Myle, and any party whom Myle is obligated to defend, indemnify or insure, but to the extent full indemnification is not permitted by law, then you agree to partially indemnify and hold harmless, and agree to defend Myle its officers, directors, employees, agents, and all parties required to be indemnified by any applicable contract entered into by Myle, and any party whom Myle is obligated to defend to the fullest extent permitted by law.
7. Dispute Resolution and Arbitration Agreement
a. AGREEMENT TO BINDING ARBITRATION BETWEEN YOU AND MYLE
You hereby agree to waive your right to resolution of any claims against, or disputes, with Myle, in a court of law by a judge or jury and agree that any such claims or disputes will be resolved by arbitration as set forth below. This precludes you from bringing, participating in, or recovering relief under any class, collective, consolidated, or representative action brought against Myle by someone else.
Any and all claims you may have against Myle which can lawfully be arbitrated, shall be exclusively resolved by binding arbitration solely between you and Myle. These claims include, but are not limited to, any dispute, claim, or controversy relating to this Agreement, your use of or inability to use Services or alleged injuries arising therefrom, your account with Myle, payments made by or allegedly owed to you, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim, including but not limited to the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement, shall be decided by the arbitrator.
This arbitration agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third party beneficiary to this Agreement brings claims against Myle, those claims shall also be subject to this Arbitration Agreement.
b. PROHIBITION OF CLASS ACTIONS AND NON-INDIVUALIZED RELIEF
The arbitrator shall only consider and resolve claims on an individual basis and shall not have authority to issue relief on a class, collective, or representative basis.
c. NOTICE REQUIREMENT
Prior to initiating arbitration, you shall notify Myle in writing of your claim or dispute. Such notice must include the party’s name, address, preferred contact information, a brief description of the claim or dispute, and relief sought. Notice to Myle must be sent via certified mail to:
Myle Technologies Inc.
876 McDonald Avenue
Brooklyn, New York 11218
Within 15 days of receipt of said notice, Myle shall designate a neutral arbitrator and notify you of same at the address provided in the notice.
In the event no arbitrator is designated within 15 days of Myle’s receipt of the notice of claim, you may initiate arbitration with National Arbitration and Mediation (NAM)
d. RULES GOVERNING ARBITRATION
Arbitration shall be administered by a neutral arbitrator selected by Myle or in the event no arbitrator is selected, by NAM. In furtherance of arbitration, both you and Myle may conduct reasonable discovery of non-privileged information relevant to the claim at issue. Discovery will proceed in accordance with Article 31 of the Civil Practice Law and Rules of New York.
Any claims involving personal injury or property damage allegedly occurring in connection with your use of Services, shall be governed by the laws of the State of New York.
The arbitrator shall decide all claims in accordance with applicable law and shall not be bound by any prior rulings or arbitrations. The arbitrator shall provide a written decision explaining the award as well as the findings and conclusions upon which the decision is based.
The arbitrator’s award shall be final and binding. Judgment on said award may be entered in any court of competent jurisdiction.
e. LOCATION
Unless otherwise agreed, arbitration will be conducted virtually, and any in person arbitration hearings will be conducted in the county in which you reside. If no hearing location is available in your county, then the arbitration hearing will be conducted in the nearest available location.
f. ARBITRATION FEES
Except as otherwise provided by law, each party shall pay for its own attorneys’ fees and costs associated with discovery.
Except as otherwise provided by law, each party shall pay for its own attorneys’ fee and costs associated with the arbitration.
g. SEVERABILITY
If any portion of this Arbitration Agreement is deemed unlawful or unenforceable, the offending portion shall be severed from this Agreement. Severance of an unlawful or unenforceable provision shall have no impact on the remainder of this Agreement which will remain in full force and effect.
h. OPT OUT OF ARBITRATION
You may opt out of arbitration within 30 days of completion of your initial account registration, or within 30 days of a material change to the arbitration provision, by sending written notice of your intention to opt out via certified mail to the notice address listed in 7(c) above. Said notice must contain your name, address, telephone number associated with your account, brief statement evidencing your intention to opt out of arbitration, and color copy of your government issued identification document. Opting out of arbitration will not have any adverse effect on the remaining Agreement.
8. PROHIBITION OF CLASS ACTIONS AND NON-INDIVUALIZED RELIEF
You may only bring claims in an individual capacity and not on a class, collective action, or representative basis. You hereby agree to waive your right to pursue a claim or have a dispute resolved as a plaintiff or class member in any class, collective, or representative proceeding against Myle.
9. Changes to Agreement
Myle reserves the right, in its sole discretion, to change the Agreement under which Services are offered. The most current version of the Agreement will supersede all previous versions. Myle encourages you to periodically review the Agreement to stay informed of updates. Absent material change to the arbitration provisions herein, you agree that modification of the Agreement does not create an additional opportunity to opt out of arbitration. In the event of a material change to the arbitration provisions herein, you may opt out of arbitration within 30 days of the posting of said changes by complying with the notice and content requirements set forth in 7(h).
10. Prohibition of Account Sharing
You are prohibited from sharing your account with any other individual.
11. Disclaimer
Services are provided on an “as is” basis. Myle disclaims all representations and warranties, whether express, implied, or otherwise, not expressly set out in this Agreement. Myle makes no representation, warranty, or guarantee as to the reliability, quality, safety, security, or availability of Services. To the fullest extent of the law, Myle disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent of the law, Myle shall not be liable for any direct, indirect, punitive, incidental, special, and/or consequential damages arising out of or in any way connected to your use or access to Services.
12. Termination/Access Restriction
Myle reserves the right, in its sole discretion, to terminate your access to Services at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Myle as a result of this Agreement or your use of Services. Myle’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Myle’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Services or information gathered by Myle in connection with such use.
13. No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Services strictly in accordance with this Agreement. As a condition of your use of Services, you warrant and represent that you will not use Services for any purpose that is unlawful or prohibited by this Agreement. You may not use Services in any manner which could damage, disable, overburden, or impair Services or interfere with any other party’s use and enjoyment of Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Services.
All content included as part of Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software, is the property of Myle or a third party and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on or through Services. Myle content is not for resale. Your use of Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Myle and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Myle or our licensors except as expressly authorized by this Agreement.
14. Children
Myle does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Services only with the permission of a parent or guardian account holder.
15. International Users
Services are controlled, operated, and administered by Myle from our offices within the United States. If you access Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
16. Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to the choice or conflict of law principles of any jurisdiction.
17. Severability
In the event that any portion of this Agreement is deemed illegal or unenforceable under applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect and the remainder of this Agreement shall be given full force and effect.
In the event that an invalid or unenforceable provision cannot be superseded by a valid enforceable provision, then such provision shall be severed, and the remainder of the Agreement shall be given full force and effect.
18. Singular, Plural, Gender.
In this Agreement, unless contrary intention appears, words importing the singular include the plural and vice versa, and words importing gender include the masculine, feminine and neuter genders.
19. Headings
The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
20. Entirety of Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Myle and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and Myle with respect to Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in any proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English. Effective as of December , 2021
Email Address:
info@ridemyle.com
Telephone number:
8882532552