Terms And Conditions

Bounce Terms of Service – Driver/Partner

Last updated: as of January 19, 2018

THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH ALTRUSITIC INC OFFERS YOU ACCESS TO THE BOUNCE PLATFORM.
1. General
2. Modification to the Agreement
3. Eligibility
4. Payments and Refunds
5. Bounce Communications
6. Your Information
7. Social Networking Sites
8. Restricted Activities
9. Driver Representations and Warranties
10. Proprietary Rights and Trademark License
11. Copyright Complaints and Copyright Agent
12. Rating System
13. Developing Relationships with Riders
14. Trade Dress
15. No Supervision
16. No Adverse Consequences for Turning Down Ride Requests
17. Disclaimers
18. State and Local Disclosures
19. Indemnity
20. Limitation of Liability
21. Release
22. Term and Termination
23. Driver Stock Option Program: IMPORTANT NOTICE – READ IMMEDIATELY AND CAREFULLY.
24. Confidentiality
25. Relationship with Bounce
26. Notices, Complaints
27. Choice of Law/ Choice of Venue/ Forum Selection: IMPORTANT NOTICE—READ IMMEDIATELY
28. Contacting Bounce

1. General

These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” “your,” “Driver,” or “Partner”) and Altruistic, Inc, Doing business as Bounce (“Altruistic,” “Bounce” “we,” “us” or “our”), a Delaware corporation, governing your use of the Bounce application, website, and technology platform (collectively, the “Bounce Platform”).
The Bounce Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers are referred to herein as “Users” and each User shall create a User account that enables such User to access the Bounce Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”.

BOUNCE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND BOUNCE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE BOUNCE PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE BOUNCE PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE BOUNCE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH RIDE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.

By creating your User account and using the Bounce Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BOUNCE PLATFORM OR THE SERVICES.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Bounce, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement, in combination with the Dispute Resolution Agreement, Privacy Policy, and Stock Option Agreement (when applicable), sets forth the entire understanding and agreement between you and Bounce with respect to the subject matter hereof.

2. Modification to the Agreement

We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Bounce Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes, you may not use or access the Bounce Platform or the Services

3.Eligibility

The Bounce Platform is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Bounce Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Riders of the age group 8 to 18 years (Hereinafter referred to as “Child”) may request a ride provided it is agreed that the Child user account is linked to the account of a parent / guardian (at least 18 years old or older) who has the right, authority and capacity to enter into the contract on behalf of the Child.

4.Payments and Refunds

As a Driver, you will receive a percentage of the Base Fare as determined by the current Compensation Plan and any tips provided by Riders to you for the Services you provide. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. Bounce works hard to ensure that legitimate riders are matched with legitimate drivers. Fraud and abuse does take place by both drivers and riders and Bounce will attempt to investigate any claim of fraud or abuse. Although Bounce takes steps, such as preauthorization and pre-checking the validity of a rider’s credit card, there is no guarantee that a rider’s payment will be successfully made. Where a driver has given a successful ride to a rider but the rider’s payment is not made for some reason, Bounce will immediately investigate. If Bounce determines that its assessment and screening was insufficient to protect the driver, then Bounce will cover the payment to the driver. Likewise, if a rider makes a payment to a driver but did not get the services paid for, Bounce will investigate and has the discretion to refund the fare or credit the account of Riders for a ride. If we refund the fare or credit a Rider account for a ride you provided, you will not be paid for the portion of the ride that was refunded or credited. If you have already received payment for a refunded/credited ride, Bounce has the right to seek repayment from you.

Bounce will process all payments due to you through its third-party payments processor. If you elect to receive payments through Bounce’s express pay feature (which Bounce may offer to you in its sole discretion), you acknowledge that payments made to your debit card are provided through financial institutions Bounce contracts with. Upon receiving instructions from Bounce’s payment processor following your approval, all express pay funds are transferred to your debit card by a financial institution. You will be charged a fee for this express pay service as described by Bounce prior to confirmation. You expressly authorize Bounce to set the prices on your behalf for all Charges that apply to the provision of Services. You are free to renegotiate the fare price with a rider. Our technology platform matches riders with drivers and provides an estimated price designed to be fair and consistent with the local market. However, you are free to renegotiate the price, drop-off location or other terms once you are matched with the rider. Bounce reserves the right to withhold all or a portion of Ride Fees if it believes that you have attempted to defraud or abuse Bounce or Bounce’s payment systems.

In exchange for permitting you to offer your Services through the Bounce Platform and marketplace as a Driver, you agree to pay Bounce (and permit Bounce to retain) a fee based on each transaction in which you provide Services (the “Administrative Fee”). The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule. Bounce reserves the right to change the Administrative Fee at any time in Bounce’s discretion based upon local market factors. Changing the fee in the fee schedule will constitute notice in the event of such change. Continued use of the Bounce Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.

Bounce, at its sole discretion, may make available promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Bounce. Further information on compensation can be found in the Compensation Plan, which Bounce may change from time to time. Continued use of the Bounce Platform after any such change shall constitute your consent to such change.

5. Bounce Communications

By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Bounce, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of Altruistic, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the Bounce Platform or Services, updates concerning new and existing features on the Bounce Platform, communications concerning promotions run by us or our third party partners, and news concerning Bounce and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU, INCLUDING THE “END” AND “STOPALL” OPTIONS DESCRIBED BELOW. Standard text messaging and/or data usage charges applied by your cell phone carrier will apply and are your sole responsibility. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Bounce Platform or the Services. You may opt-out of receiving promotional or marketing texts or calls from Bounce at any time by texting the word END to 46080 from the mobile device receiving the messages. You may also opt-out of receiving all texts or calls from Bounce (including informational or transactional messages) by texting the word STOPALL to 46080 from the mobile device receiving the messages. You acknowledge that opting out of receiving all texts may impact your use of the Bounce Platform or the Services.

6.Your Information

We are merely a passive conduit for your online posting of your Information. You are solely responsible for your Information and your interactions with other members of the public. You agree to provide and maintain accurate, current and complete Information that we and other members of the public may rely on as accurate, current and complete.

You warrant and represent to us that you are the sole author of your Information. To enable the Bounce Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Bounce does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Bounce for accessing the Bounce Platform. You are solely and fully responsible for all activities that occur under your User account, and Bounce expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

7.Social Networking Sites

As part of the functionality of the Bounce Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the Bounce Platform or allowing Bounce to access your SNS Account. By granting Bounce access to any SNS Accounts, you understand that Bounce may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Bounce Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Bounce Platform.

8.Restricted Activities

With respect to your use of the Bounce Platform and your participation in the Services, you agree that you will not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the Bounce Platform or the servers or networks connected to the Bounce Platform;
e. post Information or interact on the Bounce Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the Bounce Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Bounce Platform;
i. “frame” or “mirror” any part of the Bounce Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Bounce Platform or any software used on or for the Bounce Platform;
k. rent, lease, lend, sell, redistribute, license or sublicense the Bounce Platform or access to any portion of the Bounce Platform;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Bounce Platform or its contents;
m. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
n. link directly or indirectly to any other web sites;
o. transfer or sell your User account, password and/or identification to any other party; or
p. cause any third party to engage in the restricted activities above.We take the safety and security of our Drivers and Riders very seriously. If you have experienced or witnessed any violation of the Restricted Activities and feel unsafe as a result, you agree to contact us immediately at Safety@JoinBounce.com and to provide the date and location of your ride, any information that will help us identify the responsible individual, including name, user ID, or license plate number, and a description of the event. You understand that your agreement is important for Bounce to be able to act in a timely manner to protect you and others on the platform.

We reserve the right, but we have no obligation, to suspend or deactivate any User account who does not comply with this Agreement.

9.Driver Representations and Warranties

By providing Services as a Driver on the Bounce Platform, you represent, warrant, and agree that:
• You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
• You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
• You will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to Bounce, and you will not transport more passengers than can securely be seated in such vehicle, and no more than seven (7) passengers in any instance.
• You have a valid policy of liability insurance in coverage amounts consistent with all applicable legal requirements that names or schedules you for the operation of the vehicle you use to provide Services.
• You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages (however, this provision shall not limit the scope of Bounce’s insurance policies referenced on insert hyperlink of the safety policy page.
• In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to Bounce and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
• You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
• You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
• You will not make any misrepresentation regarding Bounce, the Bounce Platform, the Services or your status as a Driver, or, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
• You will not attempt to defraud Bounce or Riders in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Ride Fees or other payments for the ride(s) in question.
• You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation. You will accommodate persons with disabilities and service animals.
• You agree that we may obtain information about you, including your criminal and driving records and credit worthiness, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

10.Proprietary Rights and Trademark License

You acknowledge that Bounce is the owner and licensor of the Bounce Marks, and that your use of the Bounce Marks will confer no additional interest in or ownership of the Bounce Marks in you but rather inures to the benefit of Bounce. You agree to use the Bounce Marks strictly in accordance with Bounce’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Bounce determines to nonconforming or otherwise unacceptable.
You agree that you will not:
1. create any materials that incorporate the Bounce Marks or any derivatives of the Bounce Marks other than as expressly approved by Bounce in writing;
2. use the Bounce Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Bounce Marks other than in accordance with the terms, conditions and restrictions herein;
3. take any other action that would jeopardize or impair Bounce’s rights as owner of the Bounce Marks or the legality and/or enforceability of the Bounce Marks, including, without limitation, challenging or opposing Bounce’s ownership in the Bounce Marks;
4. apply for trademark registration or renewal of trademark registration of any of the Bounce Marks, any derivative of the Bounce Marks, any combination of the Bounce Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Bounce Marks;
5. Use the Bounce Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Bounce’s sole discretion. If you create any materials bearing the Bounce Marks in violation of this Agreement or otherwise, you agree that upon their creation Bounce exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Bounce Marks or derivative works based on the Bounce Marks. You further agree to assign any interest or right you may have in such materials to Bounce, and to provide information and execute any documents as reasonably requested by Bounce to enable Bounce to formalize such assignment.

11.Copyright Complaints and Copyright Agent

Bounce respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Bounce’s Copyright Agent at
Altruistic, Inc.
9845 Erma Road, Suite 300
San Diego, CA 921311. description of the copyrighted work that you claim has been infringed, including specific location on the Bounce Platform where the material you claim is infringed is located. Include enough information to allow Bounce to locate the material, and explain why you think an infringement has taken place;
2. a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
3. your address, telephone number, and e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

12.Rating System.

Bounce reserves the right to use a rating system whereby riders can rate the quality of the service given by their drivers. This information is solely for use by riders. Bounce will not use the rating system to discipline or supervise drivers.

13.Developing Relationships with Riders

As a matching service, Bounce seeks to match drivers with riders. We do not prohibit in any way, the drivers creating relationships, sharing personal information, or working out arrangements outside of the Bounce platform with riders or customers. Drivers are free to develop their own clientele and there will be no adverse consequences assessed by Bounce against drivers who create driving relationships with riders initially found on the Bounce platform. Drivers are free to answer questions from riders asking about booking future rides or otherwise soliciting rides from Bounce riders.

14.Trade Dress

Bounce does not require drivers to display Bounce trade-dress on their vehicle except where required by law or regulation.

15.No Supervision

Bounce is a matching service. Thus, we will not provide any supervision regarding the provision of rides by drivers to customers.

16.No Adverse Consequences for Turning Down Ride Requests

As a matching service, Bounce desires drivers to promptly accept rides so that customers/riders enjoy great service. Having said that, drivers using the Bounce platform are entirely free to reject any and all ride requests sent their way. There will be no adverse consequence for rejecting rides. Drivers have no obligation to take any rides. Drives will not be deactivated or banned from the Bounce platform for rejecting rides.

17.Disclaimers

The following disclaimers are made on behalf of Bounce, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.

The Bounce Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Bounce Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the Bounce Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Bounce Platform will be corrected, or that the Bounce Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Bounce Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.
We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Bounce Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. If a Rider suspects a Driver is not who he or she claims to be, the Rider should contact Bounce immediately at Safety@JoinBounce.com Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Bounce Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Bounce is not responsible for the conduct, whether online or offline, of any User of the Bounce Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Bounce Platform and participating in the Services, you agree to accept such risks and agree that Bounce is not responsible for the acts or omissions of Users on the Bounce Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Bounce Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Bounce Platform or through the Services. Please carefully select the type of information that you post on the Bounce Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Bounce Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Bounce Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Bounce Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Bounce Platform contains, or you may be sent through the Bounce Platform, links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Bounce Platform.
Location data provided by the Bounce Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Bounce, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Bounce Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Bounce Platform may be accessible to Bounce and certain Users of the Bounce Platform.
This paragraph applies to any version of the Bounce Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Bounce. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Bounce Platform. Bounce, not Apple, is solely responsible for the Bounce Platform and the content thereof as set forth hereunder
However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third party beneficiary thereof.
This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at Insert hyperlink of the apple 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 this Agreement, the terms of this Agreement shall control.

18.State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at insert hyperlink of the disclosures page. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

19.Indemnity

You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Bounce Platform and participation in the Services, including:
1. your breach of this Agreement or the documents it incorporates by reference;
2. your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
3. any allegation that any materials that you submit to us or transmit through the Bounce Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
4. your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
5. any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

20.Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE BOUNCE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE BOUNCE PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF BOUNCE’S INSURANCE POLICIES REFERENCED AT Insert the hyperlink of Safety page. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE BOUNCE PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21.Release

In the event that you have a dispute with one or more Users, you agree to release Bounce ,including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers, from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Bounce Platform or participation in the Services. Furthermore, by continuing to use the Bounce platform you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.

22.Term and Termination

This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Bounce Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Rider and/or Driver), or revoke your permission to access the Bounce Platform, at any time, if we determine that you have violated or abused any of the terms or conditions set forth by Bounce. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 8-11, 17-18 and 20-22, 24, 26-27 shall survive any termination or expiration of this Agreement.

23.Driver Stock Option Program: IMPORTANT NOTICE – READ IMMEDIATELY AND CAREFULLY.

One of the features that makes Bounce a unique and exciting opportunity for Independent Representatives is the ability to earn stock options. Under this stock option plans, Drivers will be given the opportunity to become part owners in an enterprise they can work to build.
IN ORDER TO QUALIFY TO PARTICIPATE IN ANY AND ALL STOCK OPTIONS PLANS, YOU MUST (1) AGREE YOUR RELATIONSHIP TO BOUNCE AND BOUNCE INC. IS THAT OF INDEPENDENT CONTRACTOR; (2) WAIVE ANY PRESENT AND FUTURE CHALLENGES TO YOUR INDEPENDENT CONTRACTOR STATUS IN EITHER AN INDIVIDUAL OR REPRESENTATIVE ACTION IN EITHER COURT OR ARBITRATION; (3) PROMPTLY OPT OUT OF ANY REPRESENTATIVE ACTION THAT MAY BE BROUGHT CHALLENGING YOUR STATUS AS AN INDEPENDENT CONTRACTOR; AND (4) MEET ALL REQUIREMENTS OF THE TERMS OF SERVICE INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT.
You should assume that there are now, and may be in the future, lawsuits against Bounce alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. If you wish to participate in Stock Options Plans, you are agreeing in advance that you (1) will bring all such claims, and seek all monetary and other relief, against Bounce in an individual arbitration if Bounce so elects under the Dispute Resolution and Arbitration Agreement; and (2) waive any claims challenging your status as an Independent Contractor. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action, and that you will opt out of any class actions that may be brought by others against Bounce.
You understand that your right to stock options is contingent on (1) you not participating in any way, including passively, in any class or other collective action against Bounce; and (2) your status as an independent contractor. If you participate in a class or other collective action, fail to opt out of any class and/or collective action, or you are found to be an employee, you will lose any and all rights to any and all stock options in Bounce.
YOU HAVE THE RIGHT TO CONSULT WITH COUNSEL OF YOUR CHOICE CONCERNING THIS AGREEMENT AND YOU WILL NOT BE SUBJECT TO RETALIATION IF YOU EXERCISE THAT RIGHT.

24.Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Bounce’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Bounce for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Bounce in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Bounce with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Bounce or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Bounce; becomes known to you, without restriction, from a source other than Bounce without breach of this Agreement by you and otherwise not in violation of Bounce’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Bounce to enable Bounce to seek a protective order or otherwise prevent or restrict such disclosure.

25.Relationship with Bounce

As a Driver on the Bounce Platform, you acknowledge and agree that you and Bounce are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Bounce expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Bounce; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Bounce, and you undertake not to hold yourself out as an employee, agent or authorized representative of Bounce.
Bounce does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Bounce Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the Bounce Platform, or to cancel an accepted request for Services via the Bounce Platform, subject to Bounce’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Bounce shall have no right to require you to: (a) display Bounce’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Bounce’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

As a Driver or Rider on the Bounce Platform, you acknowledge and agree that Bounce may monitor and record all communication done through the Bounce platform, with Bounce or with any Driver or Rider, be it in the form of e-mails, text messages or phone calls. Bounce may only use this information for the purpose of improving the quality of services offered or for mediation or legal purposes.

26.Notices, Complaints

Such notice shall be deemed given 5 days after the date of mailing. Any notices to you shall be provided to you through the Bounce Platform or via email or text to the email address or mobile phone number you provide to Bounce during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Bounce during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.
To resolve a complaint regarding the Bounce Platform, you should first contact our Customer Service Department through our support center at CustomerService@JoinBounce.com

27.Choice of Law/ Choice of Venue/ Forum Selection: IMPORTANT NOTICE—READ IMMEDIATELY

This Agreement shall be governed by the laws of the State of Delaware without regard to choice of law principles. Where Defendant has elected to resolve any claim or dispute via litigation and not arbitration, jurisdiction and venue over any and all disputes arising out of this agreement shall be proper only and exclusively in the federal or state courts in San Diego County, California.
PLEASE SEE THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT FOR IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO RESOLVE DISPUTES ARISING UNDER THIS AGREEMENT.

28.Contacting Bounce

If you have any questions about this Terms of Service, the practices of Bounce, or Your dealings with Bounce, You may contact us at Driver@JoinBounce.com

Bounce Terms of Service – Rider

Last updated: June 13, 2017

1. General

These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Altruistic, Inc. doing business as Bounce (“Altruistic,” “Bounce” “we,” “us” or “our”), a Delaware corporation, governing your use of the Bounce application, website, and technology platform (collectively, the “Bounce Platform”).
The Bounce Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Bounce Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”.
BOUNCE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND BOUNCE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE BOUNCE PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE BOUNCE PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE BOUNCE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH RIDE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By creating your User account and using the Bounce Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BOUNCE PLATFORM OR THE SERVICES.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Bounce, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement, in combination with the Dispute Resolution Agreement, Privacy Policy, and Stock Option Agreement (when applicable), sets forth the entire understanding and agreement between you and Bounce with respect to the subject matter hereof.

2. Modification to the Agreement

3. Eligibility

4. Payments

As a Rider, you agree that any amounts charged following a ride (a “Charge”) are mandatory and due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. Bounce has the authority and reserves the right to determine and modify pricing by posting applicable Charges to Charges page. Charges may vary based on the type of service you request and location (e.g., Bounce, XL, Bounce SUV, and WAV) as described on Charges Page. You can refer to the Charges Page insert hyperlink of the Charges page. You are responsible for reviewing all Charges incurred under your User account, regardless of your awareness of such Charges or the amounts thereof. In all markets, Charges are subject to maximum limits as set forth in Charges page.
• Ride Fees -Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum Ride Fees may apply. Ride Fees may be subject to a multiplier at times of high demand of the Services (“Peak Time”) as determined by Bounce.
• Service Fee – Bounce may assess a per-ride “Service Fee(s)” to offset Bounce’s expenses, including but not limited to those related to promoting safety on the Bounce platform as well as other operational costs of running the Bounce Platform. Such expenses are dynamic and may or may not exceed Bounce’s Service Fee(s) collections in certain markets. Excess Service Fee collections, if any, will be deemed non-base fares or additional fees.
• Cancellation Fee for Riders – In the event that you cancel a ride request on the Bounce Platform more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you agree to pay a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt the Bounce Platform or the provision of Services.
• Damage Fee – If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” depending on the extent of the damage, as determined by Bounce in its sole discretion, towards vehicle repair or cleaning. Bounce reserves the right, but is not obligated, to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• Other Charges – Other fees, tolls, and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances), and processing fees for split payments. In addition, where required by law Bounce will collect applicable taxes. See your market’s Bounce Charges page for details on other Charges that may apply. Any tips will be provided entirely to the applicable Driver.
• Facilitation of Payments – All Charges are facilitated through a third-party payment processing service. Bounce may replace its third-party payment processing services without notice to you. Charges shall only be made through the Bounce Platform. Cash payments are strictly prohibited other than to tip drivers.
• No Refunds – Charges are assessed immediately following completion of the ride to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Bounce Platform, any disruption to the Bounce Platform or Services, or any other reason whatsoever.
• Promotions – Bounce, at its sole discretion, may make available promotions with different features to any of our Riders or prospective Riders. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Bounce. Bounce may, in Bounce’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Bounce establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bounce; (iii) may be disabled by Bounce at any time for any reason without liability to Bounce; (iv) may only be used pursuant to the specific terms that Bounce establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Bounce reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Bounce determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms
• Credit Card Authorization – Upon addition of a new payment method or each ride request, Bounce may seek authorization of your selected payment method to verify your payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We shall not be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

5. Bounce Communications

By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Bounce, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of Bounce, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the Bounce Platform or Services, updates concerning new and existing features on the Bounce Platform, communications concerning promotions run by us or our third party partners, and news concerning Bounce and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU, INCLUDING THE “END” AND “STOPALL” OPTIONS DESCRIBED BELOW. Standard text messaging and/or data usage charges applied by your cell phone carrier will apply and are your sole responsibility. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Bounce Platform or the Services. You may opt-out of receiving promotional or marketing texts or calls from Bounce at any time by texting the word END to 46080 from the mobile device receiving the messages. You may also opt-out of receiving all texts or calls from Bounce (including informational or transactional messages) by texting the word STOPALL to 46080 from the mobile device receiving the messages. You acknowledge that opting out of receiving all texts may impact your use of the Bounce Platform or the Services.

6. Your Information

The term your “Information” means any information you provide, publish or post to or through the Bounce Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Bounce-related Facebook, Twitter or other social media posting) (your “Information”) or information obtained via your use of the Bounce platform including, but not limited to video and/or audio recordings. You consent to us using your Information to create a User account that will allow you to use the Bounce Platform and participate in the Services. Our collection and use of personal information in connection with the Bounce Platform and Services is as provided in Bounce’s Privacy Policy located at Insert Hyperlink of the Privacy Policy page.
We are merely a passive conduit for your online posting of your Information. You are solely responsible for your Information and your interactions with other members of the public. You agree to provide and maintain accurate, current and complete Information that we and other members of the public may rely on as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the Bounce Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Bounce does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Bounce for accessing the Bounce Platform. You are solely and fully responsible for all activities that occur under your User account, and Bounce expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

7. Social Networking Sites

As part of the functionality of the Bounce Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the Bounce Platform or allowing Bounce to access your SNS Account. By granting Bounce access to any SNS Accounts, you understand that Bounce may access, make available and store any content that you have provided to and stored in your SNS Account, including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Bounce Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Bounce Platform.

8. Restricted Activities

With respect to your use of the Bounce Platform and your participation in the Services, you agree that you will not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the Bounce Platform or the servers or networks connected to the Bounce Platform;
e. post Information or interact on the Bounce Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the Bounce Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Bounce Platform;
i. “frame” or “mirror” any part of the Bounce Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Bounce Platform or any software used on or for the Bounce Platform;
k. rent, lease, lend, sell, redistribute, license or sublicense the Bounce Platform or access to any portion of the Bounce Platform;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Bounce Platform or its contents;
m. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
n. link directly or indirectly to any other web sites;
o. transfer or sell your User account, password and/or identification to any other party; or
p. cause any third party to engage in the restricted activities above.
.
We take the safety and security of our Drivers and Riders very seriously. If you have experienced or witnessed any violation of the Restricted Activities and feel unsafe as a result, you agree to contact us immediately at Safety@JoinBounce.com and to provide the date and location of your ride, any information that will help us identify the responsible individual, including name, user ID, or license plate number, and a description of the event. You understand that your agreement is important for Bounce to be able to act in a timely manner to protect you and others on the platform.
We reserve the right, but we have no obligation, to suspend or deactivate any User account who does not comply with this Agreement.

9. Proprietary Rights and Trademark License

All intellectual property rights in the Bounce Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Bounce Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Bounce. Bounce shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Bounce, the Bounce logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Bounce in the United States and/or other countries (collectively, the “Bounce Marks”).
You acknowledge that Bounce is the owner and licensor of the Bounce Marks, and that your use of the Bounce Marks will confer no additional interest in or ownership of the Bounce Marks in you but rather inures to the benefit of Bounce. You agree to use the Bounce Marks strictly in accordance with Bounce’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Bounce determines to nonconforming or otherwise unacceptable.
You agree that you will not:
1. create any materials that incorporate the Bounce Marks or any derivatives of the Bounce Marks other than as expressly approved by Bounce in writing;
2. use the Bounce Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Bounce Marks other than in accordance with the terms, conditions and restrictions herein;
3. take any other action that would jeopardize or impair Bounce’s rights as owner of the Bounce Marks or the legality and/or enforceability of the Bounce Marks, including, without limitation, challenging or opposing Bounce’s ownership in the Bounce Marks;
4. apply for trademark registration or renewal of trademark registration of any of the Bounce Marks, any derivative of the Bounce Marks, any combination of the Bounce Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Bounce Marks;
5. use the Bounce Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Bounce’s sole discretion. If you create any materials bearing the Bounce Marks in violation of this Agreement or otherwise, you agree that upon their creation Bounce exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Bounce Marks or derivative works based on the Bounce Marks. You further agree to assign any interest or right you may have in such materials to Bounce, and to provide information and execute any documents as reasonably requested by Bounce to enable Bounce to formalize such assignment.

10. Copyright Complaints and Copyright Agent

Bounce respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Bounce’s Copyright Agent at
Altruistic, Inc.
9845 Erma Road, Suite 300
San Diego, CA 92131
1. a description of the copyrighted work that you claim has been infringed, including specific location on the Bounce Platform where the material you claim is infringed is located. Include enough information to allow Bounce to locate the material, and explain why you think an infringement has taken place;
2. a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
3. your address, telephone number, and e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

11. Disclaimers

The following disclaimers are made on behalf of Bounce, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Bounce Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Bounce Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the Bounce Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Bounce Platform will be corrected, or that the Bounce Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Bounce Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.
We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Bounce Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. You agree that if you suspects a Driver is not who he or she claims to be, that you will contact Bounce immediately at Safety@JoinBounce.com. You agree to compare the license plate and driver photo to the car and driver before getting in. You understand that you should not get into a car that has a different license plate number, different type or color of car or different driver. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Bounce Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Bounce is not responsible for the conduct, whether online or offline, of any User of the Bounce Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Bounce Platform and participating in the Services, you agree to accept such risks and agree that Bounce is not responsible for the acts or omissions of Users on the Bounce Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Bounce Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Bounce Platform or through the Services. Please carefully select the type of information that you post on the Bounce Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Bounce Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Bounce Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Bounce Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Bounce Platform contains, or you may be sent through the Bounce Platform, links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Bounce Platform.
Location data provided by the Bounce Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Bounce , nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Bounce Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Bounce Platform may be accessible to Bounce and certain Users of the Bounce Platform.
This paragraph applies to any version of the Bounce Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Bounce. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Bounce Platform. Bounce, not Apple, is solely responsible for the Bounce Platform and the content thereof as set forth hereunder
However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third party beneficiary thereof.
This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at Insert hyperlink of the apple 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 this Agreement, the terms of this Agreement shall control.

12. State and Local Disclosures

13. Indemnity

14. Limitation of Liability

15. Release

In the event that you have a dispute with one or more Users, you agree to release Bounce, including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers, from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Bounce Platform or participation in the Services. Furthermore, , by continuing to use the Bounce platform you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.

16. Term and Termination

This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 2. You may discontinue your use of the Bounce Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Rider and/or Driver), or revoke your permission to access the Bounce Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Bounce Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4, 8-12 and 14-20 shall survive any termination or expiration of this Agreement.

17. Confidentiality

18. Notices, Complaints

Except as explicitly stated otherwise, any notices to Bounce shall be given by certified mail, postage prepaid and return receipt requested to:
Altruistic, Inc.
9845 Erma Road, Suite 300
San Diego, CA 92131
Such notice shall be deemed given 5 days after the date of mailing. Any notices to you shall be provided to you through the Bounce Platform or via email or text to the email address or mobile phone number you provide to Bounce during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Bounce during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.
To resolve a complaint regarding the Bounce Platform, you should first contact our Customer Service Department through our support center at CustomerService@JoinBounce.com

19. Choice of Law/ Choice of Venue/ Forum Selection: IMPORTANT NOTICE—READ IMMEDIATELY

20. Contacting Bounce

If you have any questions about this Terms of Service, the practices of Bounce, or Your dealings with Bounce, You may contact us at Rider@JoinBounce.com.

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Terms And Conditions

Bounce Terms of Service – Driver/Partner

1. General

2. Modification to the Agreement

3.Eligibility

4.Payments and Refunds

5. Bounce Communications

6.Your Information

7.Social Networking Sites

8.Restricted Activities

9.Driver Representations and Warranties

10.Proprietary Rights and Trademark License

11.Copyright Complaints and Copyright Agent

12.Rating System.

13.Developing Relationships with Riders

14.Trade Dress

15.No Supervision

16.No Adverse Consequences for Turning Down Ride Requests

17.Disclaimers

18.State and Local Disclosures

19.Indemnity

20.Limitation of Liability

21.Release

22.Term and Termination

23.Driver Stock Option Program: IMPORTANT NOTICE – READ IMMEDIATELY AND CAREFULLY.

24.Confidentiality

25.Relationship with Bounce

26.Notices, Complaints

27.Choice of Law/ Choice of Venue/ Forum Selection: IMPORTANT NOTICE—READ IMMEDIATELY

28.Contacting Bounce

Bounce Terms of Service – Rider

1. General

2. Modification to the Agreement

3. Eligibility

4. Payments

5. Bounce Communications

6. Your Information

7. Social Networking Sites

8. Restricted Activities

9. Proprietary Rights and Trademark License

10. Copyright Complaints and Copyright Agent

11. Disclaimers

12. State and Local Disclosures

13. Indemnity

14. Limitation of Liability

15. Release

16. Term and Termination

17. Confidentiality

18. Notices, Complaints

19. Choice of Law/ Choice of Venue/ Forum Selection: IMPORTANT NOTICE—READ IMMEDIATELY

20. Contacting Bounce

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