HCA-Go Terms of Service

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and HCA-Go, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “HCA-Go,” “we,” “us” or “our”) governing your use of the HCA-Go applications, websites, technology, facilities, and platform (collectively, the “HCA-Go Platform”).

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND HCA-GO CAN BE BROUGHT). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST HCA-GO TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.

By entering into this Agreement, and/or by using or accessing the HCA-Go Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE HCA-GO PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE HCA-GO PLATFORM. If you use the HCA-Go Platform in another country, you agree to be subject to HCA-Go’s terms of service for that country. If you are accessing or using the HCA-Go Platform to access or use HCA-Go Business services on behalf of an organization contracted with HCA-Go, and you are not accessing or using the HCA-Go Platform as a Rider or Driver, your access and use is governed by the contract between HCA-Go and your organization.

The HCA-Go Platform

The HCA-Go Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers, Riders, and any other individuals, excluding any Excluded Individuals, using the HCA-Go Platform are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders, and other transportation related services provided by Drivers in connection with the HCA-Go Platform, shall be referred to herein as “Rideshare Services.” “HCA-Go Services” shall include any service provided by HCA-Go pursuant to the HCA-Go Platform (for clarity, HCA-Go Services does not include Rideshare Services or Third-Party Services). As a User, you authorize HCA-Go to match and/or re-match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pick up, your destination, User preferences, ride mode, driver mode, membership status, regulatory or other third-party requirements, user statistics, and platform efficiency, and to cancel an existing match based on the same or other considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. A separate agreement is formed between Drivers and Riders when the Rider accepts the Rideshare Services offered by the Driver. As used herein, “Excluded Individuals” means any individual who is registering to use the HCA-Go Platform or whose use of the HCA-Go Platform is on behalf of an organization contracted with HCA-Go, except as a Rider or Driver.

In any case, your use of HCA-Go Services through the HCA-Go Platform may be subject to additional agreements between you and HCA-Go as applicable to the particular service in the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT USE HCA-GO SERVICES IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control, unless such Supplemental Agreement specifically states otherwise.

Modification to the Agreement

HCA-Go reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. HCA-Go reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the HCA-Go Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The HCA-Go Platform may 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. The HCA-Go Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by HCA-Go. To use the HCA-Go Platform, each User shall create a User account. Each person may only create one User account, and HCA-Go reserves the right to deactivate any additional or duplicate accounts. Your participation in certain HCA-Go programs and use of certain HCA-Go services may be subject to additional eligibility requirements as determined by HCA-Go.

By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a User account for such minor to use the HCA-Go Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the HCA-Go Platform is limited solely to accessing and using HCA-Go Services and/or Third-Party Services where expressly permitted under the Supplemental Agreement applicable to such HCA-Go Services and/or Third-Party Services, (b) you determine that the HCA-Go Services and/or Third-Party Services are suitable for the minor, (c) you ensure that the minor’s use of the HCA-Go Platform and applicable HCA-Go Services and/or Third-Party Services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the HCA-Go Platform, (d) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, and (e) you explain the terms of this Agreement to the minor. For clarity, no unaccompanied User under 18 years old may ride in an autonomous vehicle.

By creating a User account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, you expressly guarantee the minor’s acceptance, and your own acceptance, of the terms of this Agreement, and you shall assume all responsibility and liability for the minor’s use of the HCA-Go Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

Charges

As a User, you understand that request or use of Rideshare Services, HCA-Go Services, or Third-Party Services may result in charges (“Charges”) to you and/or to an organization, if applicable. Charges to Riders and/or organizations, if applicable, for Rideshare Services include Fares (defined below) and other applicable fees, tolls, surcharges, and taxes, including tips to the Driver that you elect to pay. HCA-Go has the authority and reserves the right to determine and modify pricing quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request, and you shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Rideshare Service Fares (“Fares”). There are two types of Fares, quoted and variable.

Quoted Fares. When you make a ride request using the HCA-Go Platform, HCA-Go will quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If your final destination is not the same as the destination in your ride request, or the time or distance of your ride differs substantially from your quoted fare, or if you attempt to abuse the HCA-Go Platform, we may, at HCA-Go’s sole discretion and determination, cancel the fare quote and charge you a variable fare as described below. HCA-Go does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted fares may include the Rideshare Service Fees and Other Charges below, as applicable.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the time and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride. In addition to the variable fare, the total cost of your ride may include the Rideshare Service Fees and Other Charges below, as applicable.

Rideshare Service Fees and Other Charges.

Service Fee. HCA-Go may charge a “Service Fee” for each ride, as set forth on the applicable HCA-Go Cities Page.
Prime Time. At certain times, including times of high demand for Rideshare Services (“Prime Time”), you acknowledge that Charges may increase substantially. For quoted fares, we may factor Prime Time increases into the quoted price of the ride.
Priority Pickup and Wait & Save. In some cases, you may be able to select an expected pick up that is faster or slower than standard for a higher or lower Fare, respectively.
Cancellation Fee. After requesting a ride, you may cancel it through the HCA-Go Platform, but note that in certain cases a cancellation fee may apply. HCA-Go may also charge a fee if you fail to show up after requesting a ride. Please check out our Help Center to learn more about HCA-Go’s rider cancellation policy.
Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by HCA-Go in its sole discretion), towards vehicle repair or cleaning. HCA-Go reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Abuse Fee. If we receive a credible report that you have misused or abused the HCA-Go Platform, you agree to pay an “Abuse Fee” of up to $250 as determined by HCA-Go in its sole discretion. HCA-Go reserves the right (but is not obligated) to verify or otherwise require documentation of abuse prior to processing the Abuse Fee.
Tolls. In some instances, tolls, toll estimates, or return tolls may apply to your ride. toll charges.
Other Charges. Other fees and surcharges may apply to your ride, including, but not limited to actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by HCA-Go or its marketing partners. In addition, where required by law HCA-Go will collect applicable taxes.
Tips. Following a ride, you may have the opportunity to elect to tip your Driver in cash or through the HCA-Go Platform. You may also elect to set a default tip amount or percentage through the HCA-Go Platform. Any tips will be provided entirely to the applicable Driver.

Charges Generally.

Facilitation of Charges. All Charges are facilitated through a third-party payment processor (First Data, Stripe, Inc., Braintree, a division of PayPal, Inc., etc.). HCA-Go may replace its third-party payment processor without notice to you. Except for tips and the purchase of HCA-Go Cash, cash payments are strictly prohibited unless expressly permitted by HCA-Go. Your payment of Charges to HCA-Go satisfies your payment obligation for your use of the HCA-Go Platform, HCA-Go Services, Third-Party Services, and Rideshare Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that HCA-Go may charge your other available payment methods in the HCA-Go Platform. If you don't recognize a transaction, then check your ride receipts and payment history.
No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall always apply regardless of your decision to terminate usage of the HCA-Go Platform, any disruption to the HCA-Go Platform, HCA-Go Services, Third-Party Services, or Rideshare Services, or any other reason whatsoever.
Payment Card Authorization. Upon addition of a new payment method or each request for HCA-Go Services, HCA-Go may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. HCA-Go is not responsible for these charges and is unable to assist you in recovering them from your issuing bank.

For clarity, HCA-Go does not charge a fee for Users to access the HCA-Go Platform but retains the right to charge Users and/or organizations, if applicable, a fee or any other Charge for accessing or using HCA-Go Services, Rideshare Services, or Third-Party Services made available through the HCA-Go Platform.

Driver Payments

If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Addendum which shall form part of this Agreement between you and HCA-Go.

HCA-Go Communications

By entering into this Agreement or using the HCA-Go Platform, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to HCA-Go by you or on your behalf, and via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from HCA-Go, its affiliated companies and/or Drivers may include but are not limited to operational communications concerning your User account or use of the HCA-Go Platform, HCA-Go Services, Third-Party Services or Rideshare Services, updates concerning new and existing features on the HCA-Go Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning HCA-Go and industry developments. If you change or deactivate the phone number you provided to HCA-Go, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

Your Information

Your Information is any information you provide, publish or post, and any information provided on your behalf, to or through the HCA-Go Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any HCA-Go-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the HCA-Go Platform, HCA-Go Services, and participate in the Rideshare Services. Our collection and use of personal information in connection with the HCA-Go Platform, HCA-Go Services, and Rideshare Services is as provided in HCA-Go’s Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete Information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable HCA-Go to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the HCA-Go Platform, HCA-Go Services, or Rideshare Services you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. HCA-Go does not assert any ownership over your Information; rather, as between you and HCA-Go, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights, or other proprietary rights associated with your Information.

Restricted Activities

With respect to your use of the HCA-Go Platform, HCA-Go Services, Third-Party Services, and your participation in the Rideshare Services, you agree that you will not:

impersonate any person or entity.
stalk, threaten, or otherwise harass any person, or carry any weapons.
violate any law, statute, rule, permit, ordinance or regulation.
interfere with or disrupt the HCA-Go Platform or the servers or networks connected to the HCA-Go Platform.
post Information or interact on the HCA-Go Platform, HCA-Go Services, Third-Party Services, or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal.
use the HCA-Go Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the HCA-Go Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the HCA-Go Platform.
“frame” or “mirror” any part of the HCA-Go Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose.
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the HCA-Go Platform.
rent, lease, lend, sell, redistribute, license or sublicense the HCA-Go Platform or access to any portion of the HCA-Go Platform.
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the HCA-Go Platform, or in any way reproduce or circumvent the navigational structure or presentation of the HCA-Go Platform or its contents.
link directly or indirectly to any other websites.
transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;
use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the HCA-Go Platform.
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation.
commercialize the Rideshare Services, Third-Party Services, or our HCA-Go Services without an agreement directly with HCA-Go;
misuse or abuse the Rideshare Services, Third-Party Services, or our HCA-Go Services in violation of eligibility requirements as determined by HCA-Go;

Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

Driver Representations, Warranties and Agreements

By providing Rideshare Services as a Driver on the HCA-Go Platform, you represent, warrant, and agree that:

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been or will be remedied per manufacturer instructions.
You will not engage in reckless behavior while driving or otherwise providing Rideshare Services, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Rideshare Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the HCA-Go community or third parties.
You will only provide Rideshare Services using the vehicle that has been reported to, and approved by HCA-Go, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud HCA-Go or Riders on the HCA-Go Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to HCA-Go upon HCA-Go’s reasonable request.
You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.
You will comply with HCA-Go’s reasonable requests to provide information in connection with Rider complaints, law enforcement requests, or any other incident.

Intellectual Property

All intellectual property rights in and to the HCA-Go Platform shall be owned by HCA-Go absolutely and in their entirety. These rights include database rights, inventions and patentable subject-matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the HCA-Go Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of HCA-Go. HCA-Go shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Except for the explicit license grants hereunder, nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights.

HCA-GO and other HCA-Go logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of HCA-Go in the United States and/or other countries (collectively, the “HCA-Go Marks”). If you provide Rideshare Services as a Driver, HCA-Go grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the HCA-Go Marks solely on the HCA-Go stickers/decals, and any other HCA-Go-branded items provided by HCA-Go directly to you in connection with providing the Rideshare Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without HCA-Go’s prior written permission, which it may withhold in its sole discretion. The HCA-Go logo (or any HCA-Go Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a HCA-Go Mark in a domain name or HCA-Go referral code, or use of a HCA-Go Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the HCA-Go Platform, but may not misidentify yourself as HCA-Go, an employee of HCA-Go, or a representative or agent of HCA-Go.

You acknowledge that HCA-Go is the owner and licensor of the HCA-Go Marks, including all goodwill associated therewith, and that your use of the HCA-Go logo (or any HCA-Go Marks) will confer no interest in or ownership of the HCA-Go Marks in you but rather inures to the benefit of HCA-Go. You agree to use the HCA-Go logo strictly in accordance with HCA-Go’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that HCA-Go determines to be nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the HCA-Go Marks or any derivatives of the HCA-Go Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by HCA-Go in writing; (2) use the HCA-Go Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the HCA-Go Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair HCA-Go’s rights as owner of the HCA-Go Marks or the legality and/or enforceability of the HCA-Go Marks, including, challenging or opposing HCA-Go’s ownership in the HCA-Go Marks; (4) apply for trademark registration or renewal of trademark registration of any of the HCA-Go Marks, any derivative of the HCA-Go Marks, any combination of the HCA-Go Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the HCA-Go Marks; (5) use the HCA-Go Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

You agree you will not rent, lease, lend, sell, or otherwise redistribute the HCA-Go driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic HCA-Go driver amps or other HCA-Go Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from HCA-Go.

Violation of any provision of this License may result in immediate termination of the License, in HCA-Go’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the HCA-Go Marks (in violation of this Agreement or otherwise), you agree that upon their creation HCA-Go exclusively owns all right, title and interest in and to such materials, including any modifications to the HCA-Go Marks or derivative works based on the HCA-Go Marks or HCA-Go copyrights. You further agree to assign any interest or right you may have in such materials to HCA-Go, and to provide information and execute any documents as reasonably requested by HCA-Go to enable HCA-Go to formalize such assignment.

HCA-Go respects the intellectual property of others and expects Users to do the same.

Disclaimers

The following disclaimers are made on behalf of HCA-Go, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

The HCA-Go Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the HCA-Go Platform, HCA-Go Services, Third-Party Services, and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. HCA-Go reserves the right, for example, to limit or eliminate access to the HCA-Go Platform for Rideshare Services, Third-Party Services, and/or HCA-Go Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the HCA-Go Platform, HCA-Go Services, Third-Party Services, or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the HCA-Go Platform will be corrected, or that the HCA-Go Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the HCA-Go Platform, HCA-Go Services, Third-Party Services, or Rideshare Services, including with respect to mapping, navigation, estimated times of arrival, and routing services. You are responsible at all times for your conduct and the consequences of your conduct while using the HCA-Go Platform.

We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the HCA-Go Platform, HCA-Go Services, Third-Party Services, and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the HCA-Go Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.

HCA-Go is not responsible for the conduct, whether online or offline, of any User of the HCA-Go Platform, HCA-Go Services, Third-Party Services, or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the HCA-Go Platform, HCA-Go Services, Third-Party Services, and participating in the Rideshare Services, you agree to accept such risks and agree that HCA-Go is not responsible for the acts or omissions of Users on the HCA-Go Platform, HCA-Go Services, Third-Party Services, or participating in the Rideshare Services.

You are responsible for the use of your User account and HCA-Go expressly disclaims any liability arising from the unauthorized use of your User account.

It is possible for others to obtain information about you that you provide, publish or post to or through the HCA-Go Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the HCA-Go Platform or through the Rideshare Services, HCA-Go Services, or Third-Party Services. Please carefully select the type of information that you post on the HCA-Go Platform or through the Rideshare Services, HCA-Go Services, or Third-Party Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning HCA-Go or made available through the HCA-Go Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the HCA-Go Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the HCA-Go Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the HCA-Go Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither HCA-Go, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the HCA-Go Platform. Any of your Information, including geolocational data, you upload, provide, or post on the HCA-Go Platform may be accessible to HCA-Go and certain Users of the HCA-Go Platform.

HCA-Go advises you to use the HCA-Go Platform with a data plan with unlimited or very high data usage limits, and HCA-Go shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the HCA-Go Platform.

HCA-Go shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

Indemnity

You will indemnify and hold harmless and, at HCA-Go’s election, defend HCA-Go including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the HCA-Go Platform, HCA-Go Services, Third-Party Services, and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials or Information that you submit to us or transmit through the HCA-Go Platform or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the HCA-Go Platform, HCA-Go Services, Third-Party Services, or Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without HCA-Go’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

Limitation of Liability

IN NO EVENT WILL HCA-GO, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “HCA-GO” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE HCA-GO PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE HCA-GO PLATFORM, HCA-GO SERVICES, THE RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE HCA-GO PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT HCA-GO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, HCA-GO HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: (a) by User, without cause, upon seven (7) days’ prior written notice to HCA-Go; or (b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a)-(i) of this Agreement. In addition, HCA-Go may terminate this Agreement or deactivate your User account immediately in the event: (1) you are no longer eligible to qualify as a User; (2) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (3) you fall below HCA-Go’s star rating or cancellation threshold; or (4) HCA-Go has the good faith belief that such action is necessary to protect the safety of the HCA-Go community or third parties, provided that in the event of a deactivation pursuant to (1)-(4) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to HCA-Go’s reasonable satisfaction prior to HCA-Go permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to HCA-Go’s satisfaction, this Agreement will not be permanently terminated.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND HCA-GO. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the HCA-Go Platform, the Rideshare Services, the HCA-Go Services, HCA-Go promotions, gift card, referrals or loyalty programs, the HCA-Go Tablet, any other goods or services made available through the HCA-Go Platform by HCA-Go or a third-party provider, your relationship with HCA-Go, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on HCA-Go’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by HCA-Go, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, 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, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by HCA-Go and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), 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 disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND HCA-GO ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to HCA-Go’s business, operations and properties, information about a User made available to you in connection with such User’s use of the HCA-Go Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by HCA-Go for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the HCA-Go Platform any Confidential Information obtained from the HCA-Go Platform. As a Driver, you understand that some of the Confidential Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped off the Rider, as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of HCA-Go in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to HCA-Go with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by HCA-Go or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of HCA-Go; becomes known to you, without restriction, from a source other than HCA-Go without breach of this Agreement by you and otherwise not in violation of HCA-Go’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to HCA-Go to enable HCA-Go to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with HCA-Go

As a Driver on the HCA-Go Platform, you acknowledge and agree that you and HCA-Go are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and HCA-Go expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and HCA-Go; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind HCA-Go, and you undertake not to hold yourself out as an employee, agent or authorized representative of HCA-Go.

HCA-Go does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the HCA-Go Platform. HCA-Go does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the HCA-Go Platform. You retain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via the HCA-Go Platform, or to cancel an accepted request for Rideshare Services via the HCA-Go Platform, subject to HCA-Go’s then-current cancellation policies. HCA-Go does not, and shall not be deemed to, require you to accept any specific request for Rideshare Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, HCA-Go shall have no right to require you to: (a) display HCA-Go’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying HCA-Go’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Rideshare Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Rideshare Services to other companies, and that HCA-Go does not, and shall not be deemed to, restrict you from engaging in any such activity.

If you have any questions regarding the HCA-Go Platform, HCA-Go Services, or Rideshare Services, please Contact Us