RIDEZ NEMT

 Main Office, 3200 E. Guasti Rd., Suite 100, Ontario, Ca. 91761

Terms of Use

Last modified: 04-17-2024

These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you and RIDEZ NEMT, Inc. and its representatives, affiliates, officers and directors (collectively, “RIDEZ”) governing your use of RIDEZ NEMT’s personalized, multipurpose, digital marketplace platform known as (“RIDEZ NEMT Platform”) and any related content or services, including mobile and/or web-based applications (“Applications” or the “RIDEZ NEMT App,” and together with the RIDEZ NEMT Platform, the “Services”).

RIDEZ NEMT IS NOT A COMMON OR MOTOR CARRIER AND DOES NOT TRANSPORT YOU NOR YOUR GOODS. THE SERVICES ARE ONLY OPEN TO REGISTERED USERS OF THE RIDEZ NEMT APPLICATION SYSTEM AND NOT TO THE GENERAL PUBLIC. YOUR ABILITY TO REQUEST OR PROVIDE RIDEZ NEMT TRANSPORTATION AND CARE SERVICE (IF APPLICABLE), OBTAIN THIRD-PARTY SERVICES FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE APP SERVICES DOES NOT ESTABLISH RIDEZ NEMT AS A PROVIDER OF ANYTHING OTHER THAN THE SOFTWARE ON-LINE (TECHNOLOGY) SERVICES. DRIVERS, COMPANY TRANSPORTATION PROVIDERS, AND COMPANION SERVICES PROVIDERS ARE THIRD-PARTY PROVIDERS WHO ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYESS, ACTUAL AGENTS, APPARENT AGENTS, OR OSTENSIBLE AGENTS OF RIDEZ NEMT. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY RIDEZ NEMT TO FACILITATE YOUR RECEIPT OF THIRD PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICATION NOR IMPLICATION OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A THIRD-PARTY PROVIDER.

1. Contractual Relationship; Termination; and Modification:

In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on our website, including (but not limited to) Privacy Policy, management, transparency and use of data collected which describes how we collect, use and disclose your personal information; Child Abuse Reporting,  Feedback and Complaints, Rider and Driver Survey to monitor quality of service, In-Service On-Line video training to address service related issues, RIDEZ NEMT Guidelines; RIDEZ NEMT Referral Policies; and other applicable RIDEZ NEMT guidelines and policies on safety, the accessibility policies and U.S. Service Animal Policy, which we refer to collectively as the “Supplemental Terms.”

Collectively, we refer to these Terms of Service and the Supplemental Terms as the “Terms.” These Terms govern your access or use, from within the United States and its territories and possessions, of the Services made available in the United States and its territories and possessions (the “Territory”). If you use the Services in another country, you agree to be subject to RIDEZ NEMT   terms of service for that country. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU as the User AND RIDEZ NEMT. In these Terms, the words “including” and "include” mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or download the RidEZ NEMT App or use the Services. These Terms expressly govern the use of the Services in the Territory/state where you request services from. 

2. Termination.

RIDEZ NEMT in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason.

3. Modification. 

RIDEZ NEMT  reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or RIDEZ NEMT’s website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

If you choose, now or in the future, to provide or receive transportation and or care service (e.g., ride-hailing), assisted ride and or companion services (e.g. lite home task, driving, errands, pick up medications or food delivery, and other goods and other services (collectively, “Third-Party Services”), these Terms of Service do not supersede or otherwise impact the enforceability of any agreements you may have with RidEZ or its subsidiaries regarding such Third-Party Services (e.g., the Platform Access Agreement, the Technology Services Agreement and/or any similar agreements). Any agreement you may have with RidEZ NEMT regarding Third-Party Services conflicts with these Terms of Service, those agreements (and not these Terms of Service) will prevail with respect to any disputes arising from your provision of Third-Party Services; otherwise, any relevant provisions in these Terms of Service apply.

1. Contractual Relationship; Termination; and Modification

In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on our website, including without limitation, the Privacy Policy, which describes how we collect, use and disclose your personal information; the RIDEZ NEMT Guidelines; RIDEZ NEMT Referral Policies; and other applicable RIDEZ NEMT standards and policies (including, without limitation, RIDEZ NEMT safety standards, the accessibility policies and U.S. Service Animal Policy), as well as the ADT Mobile Security Monitoring Terms, which we refer to collectively as the “Supplemental Terms.”

Collectively, we refer to these Terms of Service and the Supplemental Terms as the “Terms.” These Terms govern your access or use, from within the United States and its territories and possessions, of the Services made available in the United States and its territories and possessions (the “Territory”). If you use the Services in another country, you agree to be subject to RIDEZ NEMT’s terms of service for that country. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RIDEZ. In these Terms, the words “including” and "include” mean “including, but not limited to.”

By accessing, downloading the Ridez NEMT app or using the Services, you as the User confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access, download or use the Services. These Terms expressly govern the use of the Services in the Territory.

The Services.

The Services enable you and other Users to find, request, or receive Third-Party Services from third party service providers, including without limitation to state certified, Insured, DOJ-FBI background checked, fingerprinted, CPR-First Aide certified, state registered independent Drivers and private caregivers/companion services providers, and delivery/errand persons, related personalized content, including features, recommendations and advertisements for products or services tailored to User’s needs and interests; and certain supporting services, including providing User the ability to express certain preferences about the Third-Party Services or Third-Party Service Providers, payment processing and customer support. Unless otherwise agreed by RIDEZ NEMT in a separate written agreement with you, these Services are made available solely for your personal, non-commercial use. Once you make a request, RIDEZ NEMT notifies Third-Party Providers that an opportunity is available so that the Third-Party Provider driver or care provider may complete your request. It is up to the Third-Party Provider to decide whether or not to offer Third-Party Services to you or not at all, and it is up to you to decide whether or not to accept such services from a Third-Party Provider. Please note that once your request for the Services has begun, User may no longer have the option to reschedule or cancel. If RIDEZ NEMT is able to reschedule or cancel your request, User may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.

Third-Party Services and Content.

Independent Contractors; Non-Exclusive Rights. The providers of transportation and care services are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. While many Third-Party Services are available in the RIDEZ NEMT App, certain Third-Party Services or content are only accessible by exiting the RIDEZ NEMT App (“Out-of-App”). Once you click on a link to access Out-of-App, you will be subject to the terms and conditions and privacy policy of that website, destination, or Out-of-App provider, which are different from RIDEZ NEMT’s. RIDEZ NEMT will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or Out-of-App provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by RIDEZ NEMT. RIDEZ NEMT does not endorse such Out-of-App providers and in no event shall RIDEZ NEMT be responsible or liable for any products or services of such third-party providers.

In the event of a conflict in the terms of any Third-Party Services and these Terms, these Terms shall control with respect to RIDEZ NEMT and your agreements with RIDEZ NEMT herein, and the limitations of liability set forth in this Section shall also apply to the Third-Party Provider. The availability of the Services may be dependent on the third-party from which you received the license to the RIDEZ NEMT App, e.g., the Apple iPhone or Android app stores (“App Store”). These Terms are between you and RIDEZ NEMT and not with the App Store and RIDEZ NEMT is responsible for the provision of Services as described in these Terms. However, if you downloaded the RIDEZ NEMT App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, RidEZ NEMT shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference RidEZ NEMT’s Licensed Application End User License Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

Ownership; License; and Restrictions.

The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain RIDEZ NEMT’s property or the property of RIDEZ NEMT’s licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by RIDEZ NEMT, except for the limited license granted above. Subject to your compliance with these Terms, RIDEZ NEMT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:  access and use the RIDEZ NEMT App solely in connection with your use of the Services on your personal device; and access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by RIDEZ NEMT and its licensors. You agree that you will not use RIDEZ NEMT’s copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Services, without express, written permission from RIDEZ NEMT, Inc. This prohibition includes use in domain names, websites, and social media accounts. You may not: alter, modify, change or remove any copyright, trademark or other proprietary notices from any portion of the Services;  reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by RIDEZ NEMT; decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; link to, mirror or frame any portion of the Services; cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Accessing the Services.

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to RIDEZ NEMT certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method that you are authorized to use and is supported by RIDEZ NEMT. For more information regarding RIDEZ NEMT’s use of your personal information, please see our Privacy Notice. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Unless otherwise permitted by RIDEZ NEMT in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times.

Modification.

RIDEZ NEMT reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or RIDEZ NEMT’s website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

Termination.

RIDEZ NEMT, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Policies and Procedures:

1. Abuse and Neglect:/

ZERO TOLERANCE POLICY: Ridez NEMT shall implement to all its Drivers and Riders a zero tolerance policy for any form of abuse as defined by law including but not limited to physical, sexual, verbal, financial, psychological; and any form of intoxication and driving under the influence of any substance that will impair ability to ride safely.

2. Driver and Rider Survey

A Rider and Driver Ride Satisfaction Survey will be required on every ride completed to monitor the quality of the services provided. The Ridez NEMT App shall contain a Complaint or Comment Section to accommodate Rider issues including a report whom the rider reasonably suspect a driver that is under the influence of drugs or alcohol during the course of the ride. The rider shall have the option to file complaint and report through the Ridez NEMT App or its website, mobile application and riders’ receipts. The Ridez NEMT  website and mobile application will indicate Customer Complaint Contact number or in-app call function and email address to provide a follow-up contact to address the zero-tolerance complaint. Promptly after a zero-tolerance complaint is filed, the Ridez NEMT will suspend the driver pending further investigation. Ridez NEMT website and mobile application will also include the phone number and email address of the Commission’s Consumer Intake Unit that handles passenger carrier complaints: 1-800-894-9444 and [email protected] (mailto:[email protected]).

3. Use of the Ridez App / Minors: 

Except as described below, the Services are generally not available for use by persons under the age of 18. User may not authorize third-parties to use their Account, and may not allow persons under the age of 18 to use the Services unless they are accompanied by youths authorized User or an adult. However, we may offer parents and guardians the ability to create Accounts for their children. If User is a parent or legal guardian, and allow a child to use the Services, then these Terms apply to the adult User and is responsible for the minor child’s activity on the Services. If a person is under the age to obtain an Account, person must have the parent or legal guardian’s permission to use an Account and accept any additional terms required in connection with access and use of the Services as a minor. Please have parent or legal guardian read these additional terms with minor. 

4. Child Abuse and Exploitation

RidEZ NEMT Application prohibit users  (Drivers and Riders) from creating, uploading, or distributing content that facilitates the exploitation, neglect or abuse of any form to children. Anyone who violates this condition is subject to immediate termination of their use of the app. If RidEZ NEMT including the driver and or a rider suspect that a child's health or safety is jeopardized due to abuse or neglect by parents or other individuals who has custody of the child, RidEZ NEMT, driver, and rider shall immediately contact the local state child protective services agency (CPS) or will call 911. RidEZ NEMT prohibit the driver and its rider from using this app to endanger the safety and well-being of children including but is not limited to the following in the use of the app: 

1. Predatory behaviour towards children

2.  Inappropriate interaction targeted at a child (for example, groping or caressing).

3. Child grooming (for example, befriending a child online to facilitate, either online or offline, sexual contact and/or exchanging sexual imagery with that child).

4. Sexualization of a minor (for example, imagery that depicts, encourages or promotes the sexual abuse of children or the portrayal of children in a manner that could result in the sexual exploitation of children).

5. Sextortion (for example, threatening or blackmailing a child by using real or alleged access to a child’s intimate images).

6. Trafficking of a child (for example, advertising or solicitation of a child for commercial sexual exploitation). RidEZ NEMT, drivers and riders will take appropriate action, which may include reporting to the local state and federal police, National Center for Missing & Exploited Children or dial 911, if any such information is received and become aware of the information.

To report Child Abuse:

Child Protective Services 

If you suspect that a child has been, or is in danger of, abuse or neglect , contact the county Children's Protective Services 24-hour emergency response phone. (https://www.cdss.ca.gov/Reporting/Report Abuse/Report-Child-Abuse) You may also contact the police or county sheriff. When a referral is received, the social service staff obtains facts from the person making the referral to determine if the referral alleges abuse, neglect, or exploitation. 

California law defines child abuse as any of the following:

§  A child is physically injured by other than accidental means.

§  A child is subjected to willful cruelty or unjustifiable punishment.

§  A child is abused or exploited sexually.

§  A child is neglected by a parent or caretaker who fails to provide adequate food, clothing, shelter, medical care or supervision.

California County Emergency Response Child Abuse Reporting Telephone Numbers. (If you are reporting suspected child abuse or neglect regarding children in another county please contact that county's child protective services agency.)  

Alameda County

(510)-259-1800

Alpine County

(530)-694-2235

Amador County

(209)-223-6550 – Mon thru Thurs 8:00-5:00 

(209)-223-1075 – After hours

Butte County

(530)-538-7882  

(800)-400-0902 – 24 hours

Calaveras County

(209)-754-6452 

(209)-754-6500 – After hours

Colusa County

(530)-458-0280

Contra Costa County

(877)-881-1116

Del Norte County

(707)-464-3191

El Dorado County

(530)-642-7100 – Placerville

(530)-573-3201 – South Lake Tahoe

Fresno County

(559)-255-8320

Glenn County

(530)-934-6520

(530)-934-6519

(530)-934-1429 – Intake

Humboldt County

(707)-445-6180

Imperial County

(760)-337-7750

Inyo County

(760)-872-1727

Kern County

(661)-631-6011

(760)-375-6049

Kings County

(559)-582-3241 – 8:00-5:00

(559)-582-8776 – After hours

(866)-582-8776

Lake County

(707)-262-0235

(800)-386-4090

Lassen County

(530)-251-8277

(530)-257-6121

(530) 260-8131 – After hours

Los Angeles County

(800)-540-4000 – Within CA

(213)-639-4500 – Outside CA

(800)-272-6699 – TDD

Online Reporting:

https://reportChildAbuseLA.org (https://reportchildabusela.org/)

Madera County

(559)-675-7829

(800)-801-3999

Marin County

(415)-473-7153

Mariposa County

(209)-742-0900 – Daytime

(209)-966-7000 – After hours

Mendocino County

(707)-463-7992 – Ukiah

(707)-962-1100 – Fort Bragg

(866)-263-0368 – Toll free

Merced County

(209)-385-3104

Modoc County

(530)-233-6602

(866)-233-4424

Mono County

(760)-924-1770

(760)-932-7549 – Sheriff Office

(800)-340-5411 – Hot Line

Monterey County

(831)-755-4661

(800)-606-6618

Napa County

(707)-253-4262

(707)-253-4261

(800)-464-4216

Nevada County

(530)-273-4291 – 24 hour

Orange County

(714)-940-1000

(800)-207-4464

Placer County

(916)-872-6549

(866)-293-1940

Plumas County

(530)-283-6300 – Sheriff Office

(530)-283-6350

(800)-242-3338 – Toll free

Riverside County

(800)-442-4918

(877)-922-4453

Sacramento County

(916)-875-5437

San Benito County

(831)-636-4190

(831)-636-4330 – After hours Police

San Bernardino County

(909)-384-9233

(800)-827-8724

San Diego County

(858)-560-2191

(800)-344-6000

San Francisco County

(415)-558-2650

(800)-856-5553

San Joaquin County

(209)-468-1333

San Luis Obispo County

(805)-781-5437

(800)-834-5437

San Mateo County

(650)-595-7922

(650)-802-7922

(800)-632-4615

Santa Barbara County

(800)-367-0166

Santa Clara County

(650)-493-1186 – North

(408)-683-0601 – South

(408)-299-2071 – Central

Santa Cruz County

(831)-454-2273

(877)-505-3299

Shasta County

(530)-225-5144

Sierra County

(530)-289-3720

(530)-993-6720

Siskiyou County

(530)-841-4200

(530)-842-7009 – 24 hour hot line

Solano County

(800)-544-8696

Sonoma County

(707)-565-4304

(800) 870-7064

Stanislaus County

(209)-558-3665

(800)-558-3665

Sutter County

(530)-822-7227

Tehama County

(530)-527-1911

(800)-323-7711

Trinity County

(530)-623-1314

Tulare County

(800)-331-1585

Tuolumne County

(209)-533-5717

(209)-533-4357 – After hours

Ventura County

(805)-654-3200

Yolo County

(530)-669-2345

(530)-669-2346

(888)-400-0022 – After hours

5. Privacy Policy

Use of data: Ridez NEMT shall be transparent and compliant in accordance with the law in its management, handling, collecting, sharing, and disclosure of personal, financial, and health information submitted by its Users.  

Ridez NEMT guarantees to protect the privacy right and legal right of all its Users. When you download our Ridez NEMT app we assure you that your confidential personal and financial information including your names, passwords,  codes, usage information remains protected at all times. Ridez NEMT will provide adequate notification as to the status of the information and that such limited data or information shall only be shared to third parties you authorize and in accordance to state and federal laws. All personal information and sensitive data you submitted shall only be stored and utilized pertinent to your request in securing third party services and as long as the you authorize the Ridez NEMT app. You has the option to agree to allow Ridez NEMT to utilize and retain the information for a limited purpose and time for which you give permission for us to do so. You have the right to information, correction, blocking or deletion of your data at any time. Any given consent can be revoked at any time and you may partially object to the processing of your data, even if no consent was required from you for the processing. You can contact our data protection officer at any time for further information on privacy issues. Our data protection officer Romwell M. Sabeniano,  MBA.HCM (909)827-8644 at [email protected]

You have the right to information, correction, blocking or deletion of your data at any time. Any given consent can be revoked at any time and you may partially object to the processing of your data, even if no consent was required from you for the processing. You can contact our data protection officer at any time for further information on privacy issues. Our data protection officer Romwell M. Sabeniano,  MBA.HCM (909)827-8644 email:  [email protected] 

Data we collect about you:

On the one hand, your data is captured because you communicated it to us. This may, for example, be data that you enter in our contact form. Other data is collected automatically when visiting the website through our IT systems. These are above all technical data (e.g. Internet browser, operating system or time of the page request). The collection of this data is automatic as soon as you visit our platform.

Registration Information: 

When you register for RidEZ NEMT app (for the use of our services, free offer, paid subscription, or use of a code), we collect the personal information that you voluntarily provide to us when registering through your access device.

Mobile Advertising ID: If not disabled by the user, we collect the Mobile Advertising ID provided by your mobile device. If you do not want us to collect this Mobile Advertising ID, you can always disable or change this on your device. Please see this manual for iOS devices and this manual for Android devices.

6. Cookies and Cookie-Policy: 

For the provision of the RidEZ NEMT service and to make our offer more user-friendly, effective and secure, we also use so-called cookies for data collection and storage. Cookies are small data packets that are stored on your device and do no harm. We collect Cookies in the following categories.

Necessary technical or functional cookies: They help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Preference cookies: They enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

Statistical cookies: They help website owners to understand how visitors interact with our website by collecting and reporting information anonymously.

Marketing cookies: They are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user.

Cookie settings: You can change your cookie settings anytime using this Link.

Tracking Services: We use tracking services to collect information about the behavior of visitors to our pages. This way we can ensure an optimal user experience. These services use pseudonymised user profiles with the help of cookies, so that a direct inference to persons is not possible. Of course you can object to the creation of these profiles at any time. Incidentally, each access device can be configured in such a way that basically no cookies can be created at all, or they can be deleted directly after the session.

Social Plugins: Our pages contain buttons from various social networks so that you can recommend our offers, services and / or products to other interested people. If you click on such a button, data such as your current IP address, browser and access device information (type and operating system), the resolution of the screen, if you have plug-ins installed it will be the referrer (from where you came to the site) and the current URL to the site operator.

Newsletter: When you sign up for our newsletter, your email address will be used for information on advertising and advertising purposes. Of course, this is voluntary and you can unsubscribe at anytime. 

User Provided Content; Feedback.

Content that you provide to RIDEZ NEMT is governed by RIDEZ NEMT’s Generated Content Terms, which are incorporated in these Terms by reference. Feedback that User provide to RIDEZ NEMT is governed by RIDEZ NEMT’s Feedback Policy, which are incorporated in these Terms by reference.

Payment Information: If you use our free access, any of our trial phases or any of our subscriptions or you purchase anything through the Service, your credit card information and other financial information we need to process the payment will be collected and stored with a payment service provider. We receive very little information from the payment providers about you.

Network Access and Devices.

User is responsible for obtaining the data network access necessary to use the Services. User’s mobile network's data and messaging rates and fees may apply if User access or use the Services from his/her device. User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. RIDEZ NEMT does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. RIDEZ NEMT is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

User Conduct and Requirements; Communications; and User Content

 User Conduct and Requirements.

As a Third-Party Provider, (driver or rider) User will submit all required documents that are current, valid, and authentic. User will adhere to all protocols for safety and courtesy to the public including the rider and or guests at all times. In addition to complying with these Terms, User agree to comply with all applicable laws when accessing or using the Services. If User request a ride option where a Third-Party Provider agrees to provide User with assistance outside of the vehicle (e.g., Companion, ambulance or wheelchair), RIDEZ NEMT is not responsible for any injury or incident that may arise out of the assistance provided by the Third-Party Provider. Any form of abuse towards a rider or a driver and or guest regardless: physical, sexual, metal, emotional, psychological or financial is not acceptable or tolerated. Such incidences shall be reported immediately to the RIDEZ NEMT complaint or compliance department and to the local police enforcement agencies. 

7. Personal Data of Children: We are not aware of collecting personal data from children under 16 years of age; if you are under 16 years of age, please do not register for RidEZ NEMT  or send us any personal data. If we learn we have collected personal data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal data, please contact us at Rideznemt.com

How we collect your data

We collect your data in three different ways:

• automated when you visit our website. 
• through cookies
• through your voluntary input

What we use your data for:

We want to offer you a faultless use of our services. Therefore, data is needed for the administration and troubleshooting of our websites. We pass on the collected data for processing to the respective internal departments as well as to other affiliated companies of RidEZ NEMT  or to external service providers and contract processors according to the required purposes. However, we are constantly improving ourselves and offering you optimized services, data in pseudonymised form (through usage profiles) are also needed for advertising and/or market research. Of course, this can be contradicted at any time.

How we work with partners

In some cases, your data is also processed with the help of third-party providers of various online services (please refer to our privacy policy in detail further below). However, this is exclusively regulated by data processing agreements and the processing is instruction-bound, so that we always keep the responsibility for the processing.

Use of your data for other purposes

In addition to the purposes already mentioned, we are also subject to legal requirements. These are:

• any request for information (and the related disclosure) to governmental authorities
• any request for information (and the related disclosure) to copyright holders
• for the misuse recognition of our provided services
• trouble-shooting or -avoidance

8. Revocation of consent

Many data processing operations are only possible with your express consent. You can revoke an existing consent at any time. An informal message by email to Rideznemt.com is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

9. Right to complain to the competent supervisory authority

In the event of data protection violations, you, (the person concerned) have the right of appeal to the competent supervisory authority. The competent supervisory authority for data protection issues is the state data protection officer of the federal state in which our company is based or in which you have your residence. A list of data protection officers and their contact details can be found here.

SSL or TLS Encryption

We use SSL or Internet security for security reasons and to protect the transmission of sensitive content, such as orders or requests you send to us. TLS encryption. An encrypted connection is indicated by the browser's address bar switching from "http: //" to "https: //" and the lock icon in your browser bar. If SSL or TLS encryption is enabled, the data you submit to us can not be read by third parties.

Information, Correction, Deletion, Blocking, Data Transferability

You have the right at any time to request information about your personal data processed by us free of charge. In particular, you may request us to provide information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right of rectification, deletion, limitation of processing or opposition, passing a right of appeal, the origin of their data (if not collected by us) and the existence of automated decision-making including profiling and, where appropriate, meaningful information about your details. You have the right to request the immediate correction of incorrect or incomplete personal data of you stored by us. You have the right to request the deletion of your personal data stored by us, except in cases where the processing of the data is required for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims. You have the right to demand the restriction of the processing of your personal data, as far as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data and you the data for the assertion, exercise or defense of legal claims or if you have objected to the processing. You have the right to receive your personal information that you have provided to us in a structured, common and machine-readable format or to request that it be sent to another person in charge.

Right to Object

If your personal data is processed based on legitimate interests, you have the right to file an objection against the processing of your personal data provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right to objection, which is implemented by us without specifying any particular situation. If you want to exercise your right to object, please send an email to Rideznemt.com.

Data Collection and Use

Server Log Files

Our provider of the platform automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are browser type and browser version, operating system used, referrer URL, host name of the accessing computer, time of the server request and the IP address. The data is for data security and error analysis only. A merge of this data with other data sources will not be done. The basis for processing allows the processing of data to fulfill a contract or pre-contractual measures. The server log files are automatically deleted after 2 weeks.

Cookies and Cookiebot

We use so-called cookies. Cookies do not harm your access device and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your access device and stored by your browser. Most of the cookies we use are so-called "session cookies". They will be deleted automatically at the end of your visit. Other cookies remain stored on your device until you delete them. These cookies allow us to recognize your browser on your next visit. You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general, and enable the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of our website. We as website operators have a legitimate interest in the storage of cookies for the technically error-free and optimized provision of our services. If other cookies (e.g. cookies for the analysis of your surfing behavior) are stored, they will be treated separately in this privacy policy. 

We collect Cookies in the following categories:

• Necessary technical or functional cookies: Functional cookies help make our website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function without these cookies. 
• Analytical cookies: These cookies collect information about how visitors use the website. We might also use analytics cookies to test new ads, pages, or features.
• Marketing cookies: These cookies are placed by third-party advertising platforms to deliver ads and track ad performance, enabling advertising networks to deliver ads that may be relevant to you.
• Cookie settings: You can change your cookie settings anytime using this Link.        The encrypted key and the cookie status are stored on the user's end device using a cookie in order to establish the corresponding cookie status when the page is called up in the future. This cookie is automatically deleted after 12 months.

Information you provide

This may include:

User profile: We gather data when you make or refresh your RidEZ NEMT account. This may incorporate your name, email address, telephone number, login name and secret key, address, installment or keeping money data (counting related installment check data), government recognizable proof numbers, for example, Social Security number, driving permit or identification whenever required by law, date of birth, photograph and mark. This likewise incorporates driver vehicle or protection data. This likewise incorporates the inclinations and settings that you empower for your RidEZ account.

Background check information We may gather historical verification data in the event that you join to utilize RidEZ NEMT services as a driver or companion service provider. This may incorporate data, for example, your driving history or criminal record (where allowed by law). This data might be gathered by an information provider for RidEZ NEMT.

User content:

This may include:

• Location
• information

When you are using the app as a rider, companion or driver, RidEZ NEMT gathers area data when the RidEZ NEMT application is running in the closer view (application open and onscreen) or background (application open yet not onscreen) of your gadget.

Transaction information

Usage information

Communications data

This may include:

• User feedback, such as ratings or compliments
• user furnishing your data regarding referral programs.
• user asking for services for you or for your benefit.
• user or others giving data in association claims or debate. 
• RidEZ colleagues through which you make or access your RidEZ account, for example, installment suppliers, internet based life services, on-request music services, or applications or sites who utilize RidEZ' APIs or whose APIs RidEZ utilizes, (for example, when you arrange a stumble on Google Maps). 
• Protection suppliers (on the off chance that you are a driver or companion provider).
• Money-related services suppliers (on the off chance that you are a driver or companion provider). 
• Accomplice transport organizations (in the event that you are a driver who utilizes our services through a record related with such an organization). 
• The proprietor of a RidEZ for Business or RidEZ Family profile that you use. 
• Publicly available sources.
• Marketing service providers.

RidEZ does not offer or share your own data to outsiders for outsider direct showcasing purposes. RidEZ utilizes the data it gathers for purposes including:

Providing services and features

Cookies and third-party technologies

Choice and transparency

PRIVACY SETTINGS

Location information. RidEZ utilizes riders' gadget area administrations to make it simpler to get a sheltered, dependable excursion at whatever point you require one. Area information enhances our administrations, including pick-ups, route and client bolster. You can empower/incapacitate or change RidEZ accumulation of rider area data whenever through the Privacy Settings menu in the RidEZ application, or by means of the settings on your cell phone. On the off chance that you cripple the gadget area benefits on your gadget, your utilization of the RidEZ application will be influenced. For instance, you should enter your get or drop-off areas physically. What's more, area data will be gathered from the driver amid your outing and connected to your record, regardless of whether you have not empowered RidEZ to gather your area data.

Notifications: Account and trip updates 

RidEZ gives clients arrange status warnings and updates identified with your record. These warnings are an important piece of utilizing the RidEZ application and can't be handicapped. In any case, you can pick the strategy by which you get these notices through the Privacy Settings menu in the RidEZ application.

Notifications: Discounts and news

DEVICE PERMISSIONS

Updates to this policy

10. Temporary Suspension.                                RidEZ NEMT may suspend your or any End User’s right to access or use any portion or all of the Services immediately upon notice that our user has committed any of the following: 

(a). Submission of false or fraudulent document in order to gain access to the use of our Ridez NEMT app and failure to submit required documentations after being granted use of the app.                                                                     (b). Receipt of three successive negative reviews from a rider survey to reflect unsafe practices.      (c). Failure to meet the requirements and standards of vehicle safety and correct driving practices required by state and federal law.        (d). Continued failure to meet safety standards and the lack of interest to correct deficiencies despite repeated request to address the same by the complaints and compliance unit.                          (e). Continued risky and unsafe driving practices and behavior or demeanor.                                  (f). And the commission of any traffic violation that endangers the life, well-being, and safety of others as deemed by federal and state laws and that such violation remains uncorrected for more than 30 days from date of commission.                             (g). Intentional and deliberate violation and the maliciously breach the terms of our service contract;

Effect of Suspension.                  

If RidEZ NEMT suspend a User’s right to access or use any portion or all of the Services:              (a). User will not be entitled to any service until complaint, issue or allegation has been addressed or corrected. 

11. Termination of User’s Right to Provide or Accept Services.

Ridez NEMT reserves the right to immediately suspend or terminate User’s access to the service for any of the following reasons: 

1. Allegation or suspicion of Abuse (sexual, physical, emotional, financial, psychological or other form of abuse defined by law) of a child, adult or an elderly. And failure to report to local authorities any such knowledge of abuse.                

2. Commission of a serious and dangerous traffic violation higher that excessive speeding, reckless driving, driving under the influence, abandonment, and other unsafe practices pertinent to the provision of service that endangers the well-being and total disregard to User Rider’s safety and including abandonment of responsibility to a User Rider.

3. Failure to notify or inform Ridez NEMT of an existing or previous offense that pertains to a commission or involvement in any crime that required User’s short term or long term imprisonment, including possession of a firearm, gang affiliation or other criminal activity.

4. Any other legal impediment or reason that Ridez NEMT deem as a threat to the safety and well-being of it Users and the riding public including but not limited to: drunk driving, possession of firearm, weapon, cruelty to animals and to others, illegal transport of prohibited goods, drugs and other unlawful materials, aggressive and risky behavior, etc…

12. Commencement and Termination.

Term.The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by RidEZ NEMT. Any notice of termination of this Agreement by either party to the other must include a Termination Date that complies with the notice periods.

Termination.                                                           (a). Termination for Convenience. User may terminate this Agreement for any reason by providing Ridez NEMT a notice to close User account. Ridez NEMT may terminate this Agreement for any reason by providing User a notice.

(b) Termination for Cause.                                      (i) By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach or non-compliance remains uncorrected for a period of 30 days from receipt of notice by the other party.

Effect of Termination.

(a) Generally. Upon the Termination Date:

(i) except as provided in this Section, all your rights or privileges in the use of our RidEZ NEMT app shall under this Agreement immediately terminate;

(ii) your on-line access to the RidEZ NEMT app shall be immediately terminated, cancelled or suspended.

13. Use of Animal as guide or companion inside vehicle.

Subject to the discretion of a Third-Party Provider, User may be allowed to bring a small animal, such as a dog or cat, on a ride requested through the Services. For such trips, User is responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. User is also responsible for ensuring that the animal does not cause damage, injury, perceive as a threat to public safety or a mess in the Third-Party Provider’s vehicle. User may be subject to a Charge for Repair or Cleaning under this Section for any damage or mess caused by an animal that is transported during a ride requested under your Account. Please note, in accordance with RIDEZ NEMT’s policies on Service Animals and Assistive Devices, Service Animals are generally permitted to accompany riders without extra charge, regardless of whether it is a Pet Friendly Trip.

14. Payment: Prices and Charges.

As a driver or Rider, the use of the Services may result in charges to the User for the services or goods and services received from RIDEZ NEMT and/or from Third-Party Providers (“Charges”). Prices displayed on the app when requesting Services through the RIDEZ NEMT app may be inclusive of estimated travel cost, applicable taxes required by law, cost per mile, waiting fee, toll charges, parking fee charged by the Third-Party Provider and fees paid to RIDEZ NEMT and will enable payment of the applicable Charges for services obtained through the use of the Services. Charges may include other applicable fees such as cleaning fee (if applicable), cancellation fees, government-mandated fees. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors. With respect to Third-Party Providers, Charges User incur will be owed directly to Third-Party Providers, and RIDEZ NEMT will collect payment of those charges from User, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by User  to the Third-Party Provider. Payment to a Third-Party Provider of services shall be considered to occur at the moment User submit payment through RIDEZ NEMT app. User may retain the right to request lower Charges from a Third-Party Provider for services received by User from such Third-Party Provider at the time User receive such services. A Third-Party Provider also retains the right to request higher Charges from User for services or goods provided. For example, a Third-Party Provider may collect lower or higher charges where the actual services provided differ from the services originally requested, including other in connection with differences time consumed while waiting in excess of the time allotted, or other special services not specified in the service request. Subject to requests from User to lower such Charges from a Third-Party Provider, User agree to pay such higher or lower Charges associated with such service or price differences. RIDEZ NEMT will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services obtained in connection with your use of the Services. There also may be certain Charges you incur that will be owed and paid directly to RIDEZ NEMT or its affiliates. To avoid confusion or doubt RIDEZ NEMT does not charge a fee for you to access the RIDEZ NEMT App, but may charge you a fee or any other Charge for accessing Third-Party Services. Even if not indicated in the RIDEZ NEMT App, the prices for services (cleaning or light duty task) or menu items displayed through the Services may differ from the prices offered or published by Third-Party Providers for the same service, including as may be offered or published at a physical location operated by a Third-Party Provider, and/or from prices available at other third-party websites/mobile applications. Prices for service specified through the Services may not be the lowest prices at which the Service are offered. The Services or menu item prices displayed through the Services or fees charged by and paid to RIDEZ NEMT may vary. All Charges and payments will be enabled by RIDEZ NEMT using the preferred payment method designated in User Account, after which User and provider will receive a virtual or email copy of the receipt. If User primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, User agree that RIDEZ NEMT may use another available payment method in User Account. As between User and RIDEZ NEMT we reserve the right to establish or adjust Charges for any or all services obtained through the use of the Services at any time. RIDEZ NEMT will use reasonable efforts to be transparent in its costing information on the Ridez NEMT app and shal inform User of Charges that may apply, provided that User will be responsible for Charges incurred under User Account regardless of awareness of such Charges or the amounts thereof.

15. Refunds.

Charges paid by User are final and non-refundable, unless otherwise determined by RIDEZ NEMT and the Third-Party Provider assessing the Charge. If User have any requests for cancellations, or refunds, or if User think a correction should be made to any Charge incurred, please visit the “Help” tab in your Account to initiate such requests within 30 days after the Charge took place or RIDEZ NEMT will have no further responsibility and User shall waive the right to later dispute the amounts charged.

Promotional Offers.

RIDEZ NEMT may from time to time send promotional (referral) codes to promote the business. Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and User agree that such promotional offers and discounts, unless also made available to User, shall have no bearing on the use of the Services or the Charges applied to User. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

16. Gratuity.

RIDEZ NEMT does not mandate for tips on our services, but is encouraged. The amounts provided by you through the Services as part of the “tip” feature, RIDEZ NEMT does not designate any portion of your payment as a tip or gratuity to a Third-Party Provider. User understand and agree that, while User is free to provide additional payment as a gratuity to any Third-Party Provider who provides User with excellent services obtained through the Service, User is under no obligation to do so.

17. Damage, Cleaning, Lost and Found, and Charges for Violation of Terms.

RIDEZ NEMT may charge User a fee on behalf of Third-Party Providers if, during the course of User  use of the Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in RIDEZ NEMT’s sole discretion, based on the type of damage and the severity. RIDEZ NEMT reserves the right to verify or otherwise require documentation of damage prior to processing a fee. In the event that a Repair or Cleaning request is verified by RIDEZ NEMT  and within its reasonable discretion, RIDEZ NEMT reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by RIDEZ NEMT to a Third-Party Provider, if applicable, and are non-refundable. In addition, if User fail to comply with these Terms, User may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with User failure to comply with these Terms.

18. Taxes.

(a). As an independent contractor User (Driver) will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed with respect to the transactions and payments under this Agreement. RIDEZ NEMT does not withhold taxes from User payments however, it is obligated to report User driver earnings on 1099 Forms rather than on a W2. All fees payable by User driver are exclusive of Indirect Taxes, except where applicable law requires otherwise. Ridez NEMT may charge and User will pay applicable Indirect Taxes that we are legally obligated or authorized to collect from User rider. User driver will provide such information to us as reasonably required to determine whether we are obligated to collect Indirect Taxes from User driver. We will not collect, and User rider  will not pay, any Indirect Tax for which User  driver furnish us a properly completed exemption certificate or a direct payment permit certificate for which we can claim an available exemption from such Indirect Tax. All payments made by User rider to Ridez under this Agreement will be made free and clear of any deduction or withholding, as required by law. If any such deduction or withholding (including cross-border withholding taxes) is required on any payment, User rider will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and payable under this Agreement. We will provide User driver with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement. 

19. Compliance. 

For the purpose of assisting us with our compliance and insurance obligations, User driver  agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during User driver  use of the Services and User driver agree to cooperate with any investigation and attempted resolution of such incident.

20. Communications with RIDEZ NEMT.

By creating an Account, User Rider and User Driver electronically agree to accept and receive communications from RIDEZ NEMT, Third-Party Providers or third parties providing services to RIDEZ NEMT including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses User provided to RIDEZ NEMT. User may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of RIDEZ NEMT, and/or Third-Party Providers, including but not limited to communications concerning requests placed through User Account on the Services. Message and data rates may apply. User can learn more about how RIDEZ NEMT may contact User by reading our Privacy

Notice.

If User do not wish to receive promotional emails, text messages, or other communications from RIDEZ NEMT, User may change notification preferences by accessing Settings in their Account. To opt out of receiving text messages from RIDEZ NEMT, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, text messages between you and Third-Party Providers are transactional text messages, not promotional text messages. User acknowledge that opting out of receiving all communications may impact User use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on User Account, RIDEZ NEMT may contact User using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).

21. Use of Accounts Owned by Others.

In the event you use a RIDEZ NEMT service that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of services you request, the transportation, logistics and/or delivery requested, and the associated charges for such services. If used to request transportation, we may also share information with such person or business regarding safety-related incidents that occur in connection with such transportation. User acknowledge that such data sharing is a condition of use of any such RIDEZ NEMT service.

22. Disclaimers. 

THE SERVICES PROVIDED BY RIDEZ NEMT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RIDEZ SHALL DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RIDEZ NEMT DOES NOT MAKE ANY REPRESENTATION, WARRANTY, NOR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, NOR AVAILABILITY OF THE TRANSPOPRTATION AND/OR COMPANION SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES SPECIFIED IN THE RIDEZ NEMT APP, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RIDEZ NEMT DOES NOT GUARANTEE THE SUITABILITY, SAFETY, QUALITY OR THE ABILITY OF THIRD-PARTY PROVIDERS. USER AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. RIDEZ NEMT DOES NOT MANAGE, CONTROL, OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT EMPLOYEES, AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF RIDEZ. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE RIDEZ FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. RIDEZ DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. RIDEZ NEMT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RIDEZ NEMT APP’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. RIDEZ NEMT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF RIDEZ, EVEN IF RIDEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDEZ NEMT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (a) YOUR USE OF OR RELIANCE ON THE SERVICES OR USER INABILITY TO ACCESS OR USE THE SERVICES; OR (b) ANY TRANSACTION OR RELATIONSHIP BETWEEN USER AND ANY THIRD-PARTY PROVIDER, EVEN IF RIDEZ NEMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDEZ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RIDEZ'S REASONABLE CONTROL. USER ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH RIDEZ NEMT SERVICES MAY OFFER RIDESHARING, COMPANION ASSISTANCE OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT EMPLOYEES, OSTENSIBLE AGENTS, APPARENT AGENTS, OR ACTUAL AGENTS OF RIDEZ. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, COMPANION ASSISTANCE SERVICES, OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, BUT USER AGREE THAT RIDEZ NEMT HAS NO RESPONSIBILITY OR LIABILITY TO YOU IN RELATION TO ANY TRANSPORTATION, COMPANION ASSISTANCE SERVICES PROVIDED TO OR NOT PROVIDED TO USER BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. RIDEZ NEMT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT, WHEELCHAIR RESTRAINT SYSTEMS, RAMP OR LIFT FOR GUESTS ON TRANSPORTATION OR COMPANION SERVICES REQUESTED THROUGH THE SERVICES FOR WHOM A CHILD, OR ADULT WHEELCHAIR RESTRAINT SYSTEM IS LEGALLY REQUIRED. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER USER RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDEZ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON RIDEZ’S CHOICE OF LAW PROVISION SET FORTH BELOW.

24. Indemnity

You agree to indemnify and hold RIDEZ NEMT and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) RIDEZ NEMT 's use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND RIDEZ NEMT INCLUDING THE ARBITRATION AGREEMENT BELOW. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. PLEASE REVIEW THE ARBITRATION AGREEMENT CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH RIDEZ ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Arbitration Agreement: 

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against RIDEZ NEMT, Inc. on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You and RIDEZ NEMT are each waiving your right to a trial by jury. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against RIDEZ NEMT, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against RIDEZ NEMT by someone else—except as provided below in Section 2(a)(3)(c). Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against RIDEZ NEMT in a single proceeding—except as provided by law. For the avoidance of doubt, except as provided by law, this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against RIDEZ NEMT, other than participating in a class-wide, collective, coordinated, consolidated, mass and/or representative settlement of claims. If you choose, now or in the future, to request or provide transportation service (e.g., ride-hailing), assisted ride and or companion services (e.g. lite home task, driving, errands, pick up medications or food delivery, and other goods and other services (collectively, “Third-Party Services”), these Terms of Service do not supersede or otherwise impact the enforceability of any agreements you may have with RIDEZ NEMT or its subsidiaries regarding such Third-Party Services (e.g., the Platform Access Agreement, the Technology Services Agreement and/or any similar agreements). Any agreement you may have with RIDEZ NEMT regarding Third-Party Services that may conflict with these Terms of Service, those agreements (and not these Terms of Service) will prevail with respect to any disputes arising from your provision or receipt of Third-Party Services; otherwise, any relevant provisions in these Terms of Service shall apply.

Agreement to Binding Arbitration Between You and RidEZ NEMT:

(1)     Covered Disputes:

Except as expressly provided below, you and RIDEZ NEMT agree that any dispute, claim, or controversy in any way arising out of or relating to these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, waiver, interpretation, scope, or validity thereof; your access to or use of the Services at any time; incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Services (including, but not limited to, your use of the RIDEZ NEMT Platform), regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless whether you allege that the personal injury was experienced by you or anyone else; and your relationship with RIDEZ NEMT, will be settled by binding individual arbitration between you and RIDEZ NEMT, and not in a court of law. This Arbitration Agreement survives after your relationship with RIDEZ NEMT ends.

(2)     Class Action Waiver:

Any and all disputes, claims, or controversies between the parties shall be resolved only in an individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or RIDEZ NEMT from participating in a class-wide, collective, and/or representative settlement of claims. The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against RIDEZ NEMT in a single proceeding, except that this Class Action Waiver shall not prevent you nor RIDEZ NEMT from participating in a class-wide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction;  the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or RIDEZ NEMT.

(3)     Mass Actions: Mass Action Waiver:

Any and all disputes, claims, or controversies between the parties shall be resolved only in an individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration—except as provided by law. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or RIDEZ NEMT are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or RIDEZ NEMT’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or RIDEZ NEMT from participating in a mass settlement of claims.

Dispute Procedure:

Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; RIDEZ NEMT shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; the arbitrators shall issue a written decision with findings of fact and conclusions of law; and any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to RIDEZ NEMT, Main Office, 3200 E. Guasti Rd., Suite 100, Ontario, Ca. 91761 or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. RIDEZ NEMT may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this Section only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree that arbitrations will be batched as provided in the Section below.

Batching:

To increase efficiency of resolution in the event a Mass Action is filed and neither party exercises its right to opt out of arbitration as stated above, the following procedure shall apply. At the request of either party, an arbitrator shall be selected according to the applicable arbitration provider’s rules to act as a special master (“Special Master”) to resolve threshold disputes regarding the propriety of some or all the arbitration demands submitted in the Mass Action (“Mass Arbitration Demands”). These threshold disputes may include, but are not limited to:

A). Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands, including whether claimants have submitted valid fee waivers; B). Any dispute regarding whether the applicable arbitration provider has complied with the Arbitration Agreement with respect to processing and administering the Mass Arbitration Demands; C). Any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth in this Section; D). Whether claimants are barred from proceeding with their claims based on a prior settlement agreement, violation of these Terms, or expiration of the statute of limitations; E). Any dispute relating to representation of the same claimant by multiple law firms; F). Any dispute regarding whether the Mass Arbitration Demands were filed with the correct arbitration provider; G). Any dispute regarding discovery common to all claims; and H). Any disputes regarding legal or factual issues common to all claims.

Any such request shall be made within 15 days following the expiration of the opt-out period described in this Section, and may be made by providing written notice to the arbitration provider. Upon the request of either party to appoint a Special Master to resolve the foregoing issues, the applicable arbitration provider shall refrain from further processing any of the Mass Arbitration Demands to which a dispute has been raised. No further payment for filing fees, administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have been resolved by the Special Master. RIDEZ NEMT shall be responsible for the applicable arbitration provider’s and Special Master’s fees and costs related to the proceedings before the Special Master.

A Special Master appointed pursuant to this procedure shall have no authority to consolidate cases. After proceedings before the Special Master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, the parties shall group the Mass Arbitration Demands into batches of no more than 100 demands per batch by state of residence, and then alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands), and shall inform the arbitration provider of the batches and their compositions within 14 days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration. You agree to cooperate in good faith with RIDEZ NEMT and the arbitration provider to implement such a batch approach to resolution and fees. Nothing in this provision shall be construed as limiting the right to object that the filing or presentation of multiple arbitration demands by or with the assistance of the same law firm or organization violates any term of this Agreement.

If any Mass Arbitration Demands were originally processed as individual arbitration demands before this batching procedure was commenced, further proceedings, including the assessment of further arbitration filing or administration fees to either party shall be governed by the procedures set forth in this Section.

Delegation Clause:

Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation to waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver and Mass Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—except that, as stated and pursuant to the procedures provided in this Section, an arbitrator or panel of arbitrators shall have authority to determine whether the party bringing any claim has violated the Mass Action Waiver.

Application to Third Parties:

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 arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

Exceptions to Arbitration.

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (a). Individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (b). individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (c). injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass and/or representative action against RIDEZ NEMT. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against RIDEZ NEMT and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, RIDEZ NEMT agrees to honor your election. The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in this Section, which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.

Rules and Governing Law: 

For disputes arising in California, the arbitration will be administered by ADR Services, Inc. (“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in effect at the time that the claim is brought, unless the parties agree otherwise in writing. The ADR Rules are available at www.adrservices.com or by searching for “ADR Arbitration Rules” using a service such as www.google.com. The arbitration shall be heard by one arbitrator (the “Arbitrator”) selected in accordance with the ADR Rules. For disputes arising outside of California (or for disputes arising in California only if ADR cannot or will not administer the arbitration), the parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in the state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 (Appointment of Arbitrators) to request that a court of competent jurisdiction appoint an arbitration provider with operations in the state in which the dispute arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth in this Section. Once the parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except as designated herein. Once an arbitration provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The Arbitrator will be selected by the parties from the applicable arbitration provider’s roster of arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the Arbitrator in accordance with its rules. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the fullest extent permitted by law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. If the FAA and applicable arbitration provider’s rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms. Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

Process: Pre-Arbitration Dispute Resolution and Notification.

The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or video-conference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify RIDEZ NEMT that you intend to initiate an informal dispute resolution conference, write to RIDEZ NEMT, Main Office, 3200 E. Guasti Rd., Suite 100, Ontario, Ca. 91761, providing your name, the telephone number(s) associated with your RIDEZ NEMT account (if any), the email address(es) associated with your account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

Initiating Arbitration.

In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by this Section. A party initiating an arbitration against RIDEZ NEMT must send the written demand for arbitration to RIDEZ NEMT, Main Office, 3200 E. Guasti Rd., Suite 100, Ontario, Ca. 91761 or serve the Demand on RIDEZ NEMT’s registered agent for service of process, c/o RIDEZ NEMT, Inc. (the name and current contact information for the registered agent in each state are available online here). Additionally, a party initiating arbitration against RIDEZ NEMT must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to [email protected]. By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

Location.

Unless you and RIDEZ NEMT otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises. Your right to a hearing will be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Offers of Judgment. 

At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.

Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision. The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.

Fees.

With the exception of the provisions governing payment of arbitration costs set forth above, your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider’s rules and shall be up to the amount you would be required to pay if you filed a claim in court. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you believe that you meet the requirements to obtain a fee waiver, and your demand for arbitration arises outside of California, then you may request a fee waiver only by submitting to the arbitration provider AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs (found here), or a declaration under oath containing all the information required by AO 240; if your demand for arbitration arises in California, then you must submit a declaration under oath providing your monthly income and the number of persons in your household.

Any and all disputes regarding a party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute arises before an arbitrator has been appointed, and if no Special Master has been requested by either party pursuant to this Section of these Terms, the parties agree that the due date for any disputed fees shall be stayed pending resolution of the parties’ dispute, a panel of three arbitrators shall be appointed to resolve the parties’ dispute concerning a party’s obligation to pay fees or costs of arbitration, the panel of arbitrators shall be appointed by each party selecting one arbitrator from the arbitration provider’s roster to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, RIDEZ NEMT shall pay any administrative fees or costs incidental to the appointment of a panel of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and the arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or more fee disputes between a claimant and RIDEZ NEMT arises at or around the same time, the disputes may be consolidated for resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties or the election of the party common to all such disputes.

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms; severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.