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TERMS OF USE – USERS
These terms of use are a legally binding agreement (the “Agreement”) between you and joinETA.com, LLC (“Company,” “we,” “us” or “our”) that governs your use of our Platform. As used herein, “Platform” means,
collectively, the non-emergency transport networked dispatch solution located at https://www.joineta.com/ (the “Website”), the mobile app known as joinETA.com (the “App”), and/or any related services, sales,
events, applications, and technology platforms.
By using or accessing the Platform, you acknowledge that you understand this Agreement and accept all of 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 PLATFORM. NOTE THAT THIS AGREEMENT LIMITS HOW CLAIMS YOU AND THE COMPANY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE COMPANY TO BINDING ARBITRATION.
The Platform
The Platform provides a collaborative contract management system developed to help provide transparency and real-time feedback to the Non-Emergent Transportation (NEMT) industry. By bundling
advanced vehicle location, fleet management, and dispatch capabilities, the Platform will reduce the amount of software and hardware providers have to use to operate their day-to-day business. Our Platform reduces
phone calls and provides partners with information about each patient’s location and the estimated time of arrival of their requested transportation. The Platform includes a marketplace where individuals who seek
non-emergent transportation to certain medically-related destinations (“Patients”) can be matched with ambulances that can drive them to those destinations (“Ambulances”). Patients are sometimes referred to
herein as “Users,” and each User shall create a User account that enables access to the Platform. Each person may only create one User account, and Company reserves the right to shut down any additional
accounts. As a User, you authorize the Company to match you with an Ambulance based on factors such as your location, the pickup time, your destination, user preferences, and Platform efficiency, and to cancel
an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Ambulances to Patients matched through the Platform shall be referred to
collectively as the “Services”. Any decision by a User to accept Services is a decision made in such User’s sole discretion.
Eligibility
The Platform may only be used by individuals who can form legally binding contracts; Individuals under the age of 18 who desire to use the Services must do so through a parent or guardian who is registered as an
authorized User. The Platform is not available to Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant you are at least 18 years old and
that you have the right, authority and capacity to enter into and abide by the terms of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user
of your account.
Registration
You will have to register to access the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Charges
As a Patient, you understand that your use of the Services may result in charges to you (“Charges”). Charges include ambulance transport fees and other applicable fees, tolls, surcharges, and taxes as set
forth on our Website (https://www.joineta.com/feeschedule). The Company has the authority and reserves the right to determine and modify pricing by posting pricing terms to the Website or quoting you a price for
a specific ride when you make a request. Pricing may vary based on the service you request. You are responsible for reviewing the Website or price quote within the App and shall be responsible for all Charges
incurred under your User account regardless of your awareness of such Charges or the amounts thereof. If all or a portion of your Charges are covered by insurance, you remain responsible to the Company for
the Charges and must submit a claim to your insurance provider for reimbursement.
All Charges are facilitated through a third-party payment processing service. Charges shall only be made through the Platform. Cash payments are prohibited. Your payment of Charges to Company satisfies your
payment obligation for your use of the Platform and Services. All Charges are non-refundable. This norefund policy shall apply regardless of your decision to terminate usage of the Platform, any disruption to
the Platform or Services, or any other reason. The Company 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. We cannot be held responsible for these charges and cannot assist
you in recovering them from your issuing bank.
Communications
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded
messages may be generated by automatic telephone dialing systems. Communications from the Company, its affiliated companies and/or Ambulances, may include but are not limited to: operational communications
about your User account or use of the Platform or Services, updates about new and existing features on the Platform, communications about promotions run by us or our third-party partners, and news about
Company and industry developments. 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 to or through the Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email
feature, or through any Company-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 Platform and participate in the Services. Our collection and use of personal information in connection with the Platform and Services is as provided in Company’s Privacy Policy located at
https://www.joineta.com//privacy. You are solely responsible for your Information and your interactions with others, 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 Company to use your
Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a nonexclusive, 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. The Company asserts no ownership over your Information; rather, as between you and Company, 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.
Your Representations
By using the Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use the Platform; (5) you will not access the Platform through automated or nonhuman means, whether through a bot, script or otherwise; (6) you will not use the
Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any law or regulation.
Restricted Activities
Regarding your use of the Platform and your participation in the 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 Platform or the servers or networks connected to the Platform;
– post Information or interact on the Platform or Services in a manner which is fraudulent, libelous,
abusive, obscene, profane, sexually oriented, harassing, or illegal;
– use the 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 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 to disguise the origin of any information
transmitted through the Platform;
– “frame” or “mirror” any part of the 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
web site for any purpose;
– modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any
portion of the Platform or any software used on or for the Platform;
– rent, lease, lend, sell, redistribute, license or sublicense the Platform or access to any portion of
the Platform;
– use any robot, spider, site search/retrieval application, or other manual or automatic device or
process to retrieve, index, scrape, “data mine”, or reproduce or circumvent the navigational
structure or presentation of the Platform or its contents;
– link directly or indirectly to any other web sites;
– transfer or sell your User account, password and/or identification to any other party;
– discriminate against or harass anyone based on race, national origin, religion, gender, gender
identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
or
– cause any third party to engage in the restricted activities above.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any
portion thereof). Posting of any unauthorized content may result in immediate termination of your account and a lifetime ban from the Platform.
Intellectual Property
All intellectual property rights in and related to the Platform, including, without limitation, source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks,
service marks, and logos, belong to the Company. These rights include database rights, 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 in the Platform are the property of their
respective owners. You acknowledge and agree that questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole
property of the Company. The Company 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.
joinETA and other Company logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Company (collectively, the “Company Marks”). You acknowledge
that Company is the owner and licensor of the Company Marks, including all goodwill associated therewith. The Company respects the intellectual property of others, and expects Users to do the same. If you believe,
in good faith, that any materials on the Platform or Services infringe upon your copyrights, please email us at contact@joineta.com.
No part of the Platform or the content contained therein may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Disclaimers
The following disclaimers are made on behalf of Company, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
The Company does not provide transportation services, and the Company is not a transportation carrier. Company is not a common carrier or public carrier. It is up to the Ambulance to decide whether to offer a
ride to a Patient contacted through the Platform, and it is up to the Patient to decide whether to accept a ride from any Ambulance contacted through the Platform. We cannot ensure that any Ambulance or Patient
will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The Platform is provided on an “as is” basis and with no warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Platform and/or the Services,
including the ability to provide or receive Services at any location or time. 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 Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in
the Platform will be corrected, or that the Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Platform or
Services.
Company is not responsible for the conduct, whether online or offline, of any User of the Platform or 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 Ambulances by Patients. By using the Platform and participating in the Services, you agree to accept such risks and agree that Company is not responsible
for the acts or omissions of Users on the Platform or participating in the Services. You are responsible for the use of your User account and Company expressly disclaims any liability arising
from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately at
contact@joineta.com.
It is possible for others to obtain information about you that you provide, publish or post to or through the Platform (including any profile information you provide), send to other Users, or share during the 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 Platform or through the Services. Please carefully select
the information you post on the Platform or through the 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 about the Company or provided through the 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 Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the 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 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 the Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability,
or timeliness of location data tracked or displayed by the Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Platform may be accessible to the Company and
certain Users of the Platform.
Company advises you to use the Platform with a data plan with unlimited or high data usage limits, and Company shall not responsible or liable for any fees, costs, or overage charges associated with any data
plan you use to access the Platform.
Indemnity
You will defend, indemnify, and hold the Company including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless
from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Platform and participation in the 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; (3) any allegation that any materials you submit to us or transmit through the Platform
or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services. This indemnity
shall apply without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS,
SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “COMPANY” 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 PLATFORM, SERVICE
INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING
OUT OF OR IN CONNECTION WITH THE PLATFORM, THE 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 PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OR
OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT COMPANY HAS NO
RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER
SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET
FORTH IN THIS AGREEMENT. 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 creation of a User account. This Agreement may be terminated: a) by you, without cause, upon seven (7) days’ prior written notice to the Company; or b) by either Party
immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, the Company may terminate this Agreement or deactivate your User account immediately if the Company has
the good faith belief that such action is necessary to protect the safety of the Company community or third parties.
.
DISPUTE RESOLUTION
If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law,
and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Mecklenburg County, North
Carolina. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Mecklenburg County, North Carolina, and the Parties
hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any dispute brought by either Party related in any way to the Platform be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Confidentiality
You agree not to use any technical, financial, strategic and other proprietary and confidential information
relating to the Company’s business, operations and properties, information about a User provided to you in
connection with such User’s use of the Platform, which may include the User’s name, location, contact
information, and photo (“Confidential Information”) disclosed to you by the Company. You shall not disclose
or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable
measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company
to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to
the Company regarding any Confidential Information which you can prove: was in the public domain when
it was disclosed by the Company 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 the Company; becomes known to you, without
restriction, from a source other than the Company without breach of this Agreement by you and otherwise
not in violation of the Company’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 the Company to enable the Company to seek a protective order or
otherwise prevent or restrict such disclosure.
Modification to the Agreement
The Company may modify this Agreement and any information referenced in the hyperlinks from this
Agreement from time to time, and such modifications shall be binding on you and become effective upon
posting. Continued use of the Platform or Services after any such changes shall constitute your consent to
such changes.
General
This Agreement shall be governed by the laws of the State of North Carolina without regard to choice of
law principles. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall
remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid
or non-binding provision with provisions that are valid and binding and that have, to the greatest extent
possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this
Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned
by the Company, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any
notices to Company shall be given by certified mail, postage prepaid and return receipt requested to
joinETA.com, LLC, 2219 Bleckley Court, Charlotte, NC 28270. Any notices to you shall be provided to you
through the Platform or given to you via the email address or physical address you provide to the Company
during the registration process. Headings are for reference only and in no way define, limit, construe or
describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed
to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other
party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between you and the Company
regarding the subject matter hereof and supersedes all previous understandings and agreements between
the parties, whether oral or written.
If you have questions regarding the Platform or Services, please contact us at contact@joinETA.com[/vc_column_text][/vc_column][/vc_row]
