Terms of Service

Skedaddle, Inc.
Terms of Use

Last Revised: October 19, 2016


Welcome to Skedaddle! These Terms of Use (“Terms of Use”) govern your use of the group transportation platform offered by Skedaddle, Inc. (“Skedaddle,” “we” or “us”) at our website, www.letskedaddle.com (the “Website”), and through our mobile applications (the “Apps”), including but not limited to any iOS application available via the Apple, Inc. (“Apple”) App Store (the “iOS Application”) (collectively, the “Services”).


BY USING THE SERVICES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF SKEDADDLE’S SERVICES.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION AND (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.

Please review the following carefully so that you understand the terms of these Terms of Use. These Terms of Use describe your responsibilities, Skedaddle’s liability and the liability of third parties related to the Services. All Skedaddle users as well as all users of the transportation services booked through Skedaddle’s Services must accept and comply with the terms and conditions set forth herein. If you have any questions regarding these Terms of Use, please contact us via email at hello@letskedaddle.com.


Skedaddle reserves the right to change the terms of these Terms of Use from time to time. Unless we designate a different date for effectiveness, such changes will be effective when notice is given to you, and notice will be considered given when such notice is indicated and accessible on the Website and Apps. Your continued use or access of the Services following the posting of any changes to the Terms of Use will indicate your acceptance of those changes.


ABOUT THE SERVICES

Skedaddle operates a social, web-based platform for crowdsourced transportation on chartered vehicles. On the Skedaddle platform, there are two ways to participate in routes. First, you can create and organize private routes on chartered vehicles (each a “Private Route”); invite friends to participate in the Private Routes; and join Private Routes that you have been invited to join. Second, you can create and organize routes available to the public generally or participate in routes created by Skedaddle and its promotional partners (each, a “Public Route”, and together with Private Routes, each, a “Route”), and you can invite friends to participate in Public Routes, too. With respect to Private Routes, Skedaddle’s proprietary dynamic pricing model adjusts the Ticket Price based on the number of passengers on a Route so you may be rewarded with lower Ticket Prices when your friends participate in Skedaddle’s ridesharing Services. With respect to Public Routes, Skedaddle offers discount incentives for the first fifteen participants to sign on to a Public Route, as described below.


Skedaddle does not own or operate any vehicles; the chartered vehicles booked through the Service are operated by third party transportation providers (“Charter Operators”). The Charter Operators may impose their own terms and conditions on your use of the transportation services provided by the Charter Operators (“Charter Operator Terms”). Skedaddle provides no representations or warranties regarding the vehicles operated by Charter Operators. Your use of the Services and the transportation services provided by the Charter Operators is conditioned upon your compliance with these Terms of Use as well as the Charter Operator Terms.


For information about Skedaddle’s use, storage and disclosure of information related to you and your use of the Service, please refer to our Privacy Policy at www.letskedaddle.com/about (the “Privacy Policy”).


THIRD PARTY SERVICES

You may register for the Services using third party service providers (e.g., Facebook Connect) (“Third Party Services”) and otherwise enable various Third Party Services to be directly integrated into your Skedaddle experience. By directly integrating Third Party Services into the Services, we can make your online experience with the Services more personalized. By enabling Third Party Services within the Services, you permit us to pass information about your Public Routes to Third Party Services for this purpose. For more information about the implications of activating Third Party Services, please see our Privacy Policy. Please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such Third Party Services. You should review the applicable terms and policies of Third Party Services, including privacy and data gathering practices. Skedaddle has no liability or responsibility for the privacy practices or other actions of any Third Party Services or any other third party site or service that may be enabled within the Service.

The Services may display, include or make available content, data, information, applications or materials from Third Party Services (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Skedaddle is not responsible for examining or evaluating the content, accuracy, availability, reliability, completeness, timeliness, validity, copyright compliance, legality, decency, quality, data, opinions or any other aspect of such Third Party Materials or websites. Skedaddle does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Neither Skedaddle, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by, or made available through, the Services.


Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to the Website and/or Apps are not available in all languages or in all countries. Skedaddle makes no representation that Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access Third Party Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Skedaddle, and its promotional partners and licensors, reserve the right to change, suspend, remove, or disable access to Third Party Services or Third Party Materials at any time without notice. In no event will Skedaddle be liable for the removal of or disabling of access to any Third Party Services or Third Party Materials. Skedaddle may also impose limits on the use of or access to Third Party Services or Third Party Materials, in any case and without notice or liability.


REGISTRATION AND BOOKING

You must be 18 years of age to purchase a ticket for a Route, which will be delivered by electronic confirmation via email with your reservation number (a “Ticket”). By using the Service, you represent to us that you are 18 years of age or older and are legally competent to enter into and agree to these Terms.

If you accept an invitation to join a Private Route or reserve a ticket on a Public Route on our Website or the Apps, you will receive an email containing a unique 11-digit password. You must enter this password on the Website or the Apps and then create or log in to a Skedaddle account (a “User Account”) in order to join the Route. In order to create a new Route, you must have a User Account or sign up through a Third Party Service.

If you are booking a seat on a Route for someone other than yourself (a “Third Party Passenger”), you are responsible for payment of the Ticket Price for that Third Party Passenger’s Ticket. By booking a seat on a Route for that Third Party Passenger, you represent that you are authorized to act as that Third Party Passenger’s agent with full authority to bind that Third Party Passenger to these Terms of Use. You are responsible and liable for any Third Party Passenger’s breach of these Terms of Use.

If you are using the Service to book a seat on a Route for a Third Party Passenger who is under the age of 18, you must be that Third Party Passenger’s parent or legal guardian. By booking a Ticket on a Route for any Third Party Passenger under the age of 18, you represent that you are the parent or legal guardian of that Third Party Passenger and you agree to these Terms of Use on behalf of yourself and your minor child. You are responsible and liable for the use of the Service by your minor child and any breach of these Terms of Use by your minor child.

You may create a User Account by completing the registration process set forth on the Website or the Apps. You are responsible for providing and maintaining current your name, email address, mobile phone number and other account information.


You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and User Account number provided by you or Skedaddle for accessing the Services. You are solely and fully responsible for all activities that occur under your password or User Account. Should you suspect that any unauthorized party may be using your password or User Account or you suspect any other breach of security, contact Skedaddle immediately by emailing hello@letskedaddle.com.


MINIMUM NUMBER OF PASSENGERS AND PRICING


Private Routes


For Private Routes, a minimum number of registered passengers must purchase Tickets (such number of passengers, the “Private Route Go-Live Number”) for any such Private Route to occur through the Services. The Private Route Go-Live Number will differ among Private Routes at the election of the party planning any such Private Route. The Website and Apps will also list the Ticket Price that will be charged if only the Private Route Go-Live Number of passengers registers for any such Private Route (the “Private Route Go-Live Price”). Skedaddle guarantees that the Ticket Price you pay for that Private Route (the “Private Route Ticket Price”) will not exceed the Private Route Go-Live Price. However, the Private Route Ticket Price may be lower than the Private Route Go-Live Price and/or the Ticket Price listed on the Website and Apps at the time of booking (the “Current Price”) if more passengers sign up for the Route.


Public Routes


For Public Routes, a minimum of ten passengers must purchase Tickets (the “Public Route Go-Live Number”) for any Public Route to occur through the Services. Subject to these Terms of Use, the first passenger to create any Public Route will receive a free Ticket for such Route, and the next nine (9) passengers to register for such Public Route will receive a twenty percent (20%) discount off the Public Route Base Price. The Website and Apps will list the Ticket Price that will be charged to each passenger beyond the tenth passenger to register for any such Public Route (the “Public Route Base Price”). The Public Route Base Price is selected by Skedaddle and/or its promotional partners for each Public Route at Skedaddle’s and/or its promotional partners’ sole discretion. Skedaddle guarantees that the Ticket Price you pay for a Public Route (the “Public Route Ticket Price”) will not exceed the applicable Public Route Base Price.


As used in these Terms of Use, “Ticket Price” means either the Private Route Ticket Price or the Public Route Ticket Price, as applicable.


PAYMENT TERMS


To book a reservation on a Route, you must enter a valid credit card number with our payment processor, Stripe. By entering a valid credit card number with Stripe, you agree to authorize Stripe to charge your credit card an amount up to and inclusive of the Current Price. Skedaddle will then reserve a seat for you on that Route at the Current Price. At 48 hours prior to a Route’s time of departure (“Departure Time”), your credit card will be charged and you will receive your Ticket. Your Ticket Price will be determined as set forth below.



CANCELLATION TERMS

Skedaddle reserves the right to cancel any Route up to 48 hours prior to the Departure Time if the Route does not meet the applicable Go-Live Number. You may cancel your Route reservation up to 48 hours prior to the Departure Time and your credit card will not be charged.

With respect to Public Routes, if any passenger who received a twenty-percent (20%) discount for his or her Ticket cancels his or her Route reservation up to 48 hours prior to the Departure Time (a “Cancelling Discount Passenger”), each passenger who purchased a Ticket after the Cancelling Discount Passenger purchased his or her Ticket will receive the lowest available Public Route Ticket Price, including the twenty percent (20%) discount, where applicable. For example, if eleven (11) passengers purchase Tickets for a Public Route and, prior to 48 hours before the such Public Route, the tenth (10th) passenger cancels his or her Route reservation, the eleventh (11th) passenger will receive a twenty percent (20%) discount off of the Public Route Base Price and any subsequent passengers to purchase Tickets will pay the applicable Public Route Base Price.

At 48 hours prior to the Departure Time, the Ticket Price will lock in for all passengers booked on the Route at that time. Each Ticket will contain detailed information about the date of the Route, the Departure Time, the pick-up location (“Pick-up Location”) and the final Ticket Price (including taxes and fees). At 48 hours prior to the Route, all bookings are final and cannot be charged, refunded, exchanged, cancelled or transferred to another party. You will be charged the Ticket Price even if you do not use your Ticket for the Route.

The Ticket Price may include separate charges for fees and taxes, which can vary by location. Skedaddle currently does not offer route cancellation insurance.

Skedaddle reserves the right to cancel any Route or Route reservation in its reasonable discretion. In the event Skedaddle cancels your Route for any reason other than your breach of these Terms of Use and your credit card has already been charged for a Ticket, Skedaddle will refund the Ticket Price charged to your credit card, which refund shall be your sole and exclusive remedy and Skedaddle’s sole and exclusive liability associated with such cancellation.

PROMOTIONAL CODES; REFERRAL CODES

Skedaddle may, in Skedaddle’s sole discretion, create promotional codes that may redeemed for credit to your User Account, subject to any additional terms that Skedaddle establishes on a per promotional code basis (the “Promo Codes”).

Upon registration on the Website or the Apps, you will receive a confirmation e-mail containing a unique code (a “Referral Code”), whether or not you subsequently create a Route or purchase a Ticket for any Route. Using e-mail or your Facebook page, you may provide your Referral Code to other prospective users who have not previously registered to use the Website or the Apps. When any such recipient of your Referral Code registers to use the Website or Apps and subsequently creates a Public Route or books a seat on a Public Route, (1) such recipient will receive a discount in the amount of $10.00 off the cost of such recipient’s Ticket on such Public Route or a future Public Route (the “Referral Discount”), and (2) you will receive a credit to your User Account in the amount of $10.00, which will automatically be credited toward reducing the cost of your next Public Route Ticket (the “Referral Credit”). For the avoidance of doubt, any accrued Referral Credit(s) will be automatically applied to your next Public Route Ticket(s) purchased until the full amount of any such accrued Referral Credit(s) in your User Account are used in full, at which time your credit card will be charged for any remaining balance on your User Account.

You agree that Promo Codes and Referral Codes: (i) must only be used for personal and non-commercial purposes, which, for the avoidance of doubt, may include sharing Promo Codes and Referral Codes with your personal connections via social media where you are the primary content owner; (ii) must be used for the intended audience and purpose, and in a lawful manner; (iii) may not be made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Skedaddle, which prohibited sites include sites in which you are a contributor and not the primary content owner (e.g., Wikipedia, Craigslist, coupon websites) and search engine marketing sites (e.g., AdWords, Yahoo, Bing); (iv) may be disabled by Skedaddle at any time for any reason without liability to Skedaddle; (v) may only be used pursuant to the specific terms that Skedaddle establishes for such Promo Codes and Referral Codes; (vi) are not valid for cash; and (vii) may expire prior to your use of such Promo Codes or Referral Codes. Skedaddle reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the Promo Codes or Referral Codes by you or any other user in the event that Skedaddle determines or believes that the use or redemption of a Promo Code or Referral Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code or Referral Code terms or these Terms of Use.

RULES FOR USER CONDUCT AND USE OF THE SERVICES

It is your responsibility to arrive at the Pick-up Location at the Departure Time with your confirmation email and identification. If you fail to do so, the Charter Operator may deny you access to travel services. If you violate the Charter Operator Terms, the Charter Operator may cancel your Ticket on a Route and deny you access to travel services. As a result, you may forfeit any amount paid for Tickets. For Routes between the United States and Canada, it is your sole responsibility to ensure that you have appropriate international travel documentation (passport, visa, etc.) to permit your entry into Canada and your return to the United States.

In addition to the Charter Operator Terms, during the Route, you agree to abide by a reasonable standard of appropriate conduct. You agree to obey all applicable laws, keep the vehicle clean and safe and to behave in a manner respectful to the other passengers. While aboard the vehicle, you agree that you shall not smoke, drink alcoholic beverages, disturb the driver, or transport any prohibited items (including, but not limited to, glass containers or kegs, alcohol, drugs or other intoxicating substances, flammable or combustible materials, guns, knives or other weapons, and animals).

You acknowledge that the Charter Operator may refuse to transport or remove you from the Charter Operator’s vehicle at any time: if your conduct or the conduct of your Third Party Passenger is disorderly, abusive or violent; if you or your Third Party Passenger are or appear to be intoxicated or under the influence of alcohol or drugs; if you or your Third Party Passenger attempt to interfere with the driver or the operation of the vehicle; if you or your Third Party Passenger refuse to follow the instructions of the driver of the vehicle; or if you or your Third Party Passenger engage in any action that might jeopardize the vehicle or any of its occupants. You acknowledge and agree that Skedaddle is not responsible or liable for any action or inaction of a Charter Operator, including the refusal to transport you, as a result of any of the foregoing activities or conduct.

For Routes between the United States and Canada, you agree that you will be solely responsible for completing any required customs and immigration documentation on your own behalf, and that you will comply with all U.S. and Canadian customs laws and with any instructions issued by customs authorities in either country. You acknowledge that you, your luggage, and any items you carry with you are subject to examination and detention by U.S. and Canadian customs authorities. Skedaddle shall not have any liability to you with respect to such examination or detention, nor will Skedaddle be required to delay the Route to accommodate such proceedings. If you and/or your luggage or other personal items are prevented from crossing an international border by the customs authorities of the United States or Canada, you agree: (1) that you will accept sole responsibility for arranging separate transportation for yourself and/or your luggage or other personal items to your intended destination; (2) that Skedaddle will not have any obligation or liability with respect to such transportation, or with respect to any other costs that you may incur in connection with such circumstances; and (3) that you will not be entitled to a refund of any portion of the Ticket Price as a result of your inability to remain (or to have your luggage or other personal items remain) with the Route. You also acknowledge that Routes between the United States and Canada may in some cases involve delays in crossing the international border that are beyond the control of Skedaddle or the Charter Operator. You agree that in the event of such delays Skedaddle will have no obligation to adjust the Ticket Price and will have no liability for any expenses you may incur as a result of such delays. You agree that on Routes between the United States and Canada, you will be solely responsible for the payment of any customs duties and fees that may accrue in connection with goods that you transport across an international border.

The amount, weight and size of the luggage that you may bring on a Route may vary by Route and Charter Operator. Unless stated otherwise, the standard baggage allowance is one carry-on item that fits within an overhead bin or under seat, plus one piece of luggage not to exceed 50 pounds. Charter Operators determine in their sole discretion which luggage can be stowed onboard or inside the vehicle. If a Charter Operator determines that your luggage cannot be transported, you shall not be entitled to a refund. It is your responsibility to check with the Charter Operator before your Route commences to determine whether your luggage will be permitted; to ask for express written permission for your luggage if it is an exception to the Charter Operator’s luggage policy; and to provide the written permission to the Charter Operator employees when requested. For an additional fee, Skedaddle may offer you a supplementary baggage allowance. If the Charter Operator determines that the item(s) for which you paid the supplementary baggage allowance fee cannot be transported, you shall be entitled to a refund of the supplementary baggage allowance fee but shall not be entitled to a refund of your Ticket.


Skedaddle shall not be held liable for lost, damaged, or stolen luggage. You are solely responsible for maintaining your property and personal effects brought on board the vehicle. The Charter Operator may permit you to leave your luggage on a vehicle during periods of time when you are not occupying the vehicle; provided, however, that the terms of such permission shall be solely between you and the Charter Operator and Skedaddle assumes no liability for lost, damaged, or stolen luggage under any circumstances.


CHANGES TO THE SERVICE


Skedaddle reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop the Service altogether.


LICENSE TO YOU


Skedaddle hereby grants to you, subject to the terms and conditions of these Terms of Use, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Services solely for your personal, non-commercial use, subject to the limitations set forth below. You acknowledge and agree that nothing in these Terms of Use conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Services or any other Skedaddle products or services, or any modifications or derivative works of any of the foregoing. The Services are licensed, not sold, to you and are owned by Skedaddle and its licensors. Except as expressly set forth herein, Skedaddle reserves all right, title and interest, including all intellectual property and other rights, in and to the Services and all other Skedaddle products and services.


You agree to protect the Services, and the proprietary content, information and other materials contained in, displayed on or related to the Services, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Skedaddle. You agree that you will not: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Services in any unauthorized manner; or (b) copy, reproduce, adapt, create derivative works of, translate, modify, decompile, reverse engineer or disassemble the Services, any updates, or any part thereof. You understand and agree that you are not permitted to remove or alter any copyright or other proprietary rights notice or restrictive rights legend contained or included in the Services, or otherwise circumvent any functionality that controls access to or otherwise protects the Services.


LICENSE TO SKEDADDLE


Subject to the terms of the Privacy Policy, you hereby grant to Skedaddle a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicenseable license to access, use, reproduce, modify, adapt, create derivative works from, translate, transmit, display, publish, perform and distribute any content that you post, upload, publish, submit or transmit to be made available through the Services, including photographs, videos, ratings or reviews (“Your Content”). By posting or submitting Your Content to the Website, the Apps or Services, including any publicly accessible blog or community forum we may make available (collectively “Forums”), you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate these Terms of Use and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted on the Website, Apps or Services, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE, APPS OR SERVICES, INCLUDING IN THE FORUMS.


You hereby grant to Skedaddle a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicenseable license to access, use, reproduce, modify, adapt, create derivative works from, translate, transmit, display, publish, perform, distribute and otherwise exploit any and all suggestions for correction, changes and modifications to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Skedaddle by you (collectively “Feedback”). You acknowledge and expressly agree that Skedaddle may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you.


The Apps are licensed to you on a limited, non-exclusive, non-transferable, non-sublicenseable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services.


iOS APPLICATION


The following additional terms also apply to the iOS Application:


Both you and Skedaddle acknowledge that the Terms of Use are concluded between you and Skedaddle only, and not with Apple, and that Apple is not responsible for the iOS Application or Services.


You will only use the iOS Application in connection with an Apple device that you own or control.


You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.


In the event of any failure of the iOS Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application.


You acknowledge and agree that Skedaddle, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the iOS Application including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.


You acknowledge and agree that, in the event of any third party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property rights, Skedaddle, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim to the extent required by these Terms of Use.


You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.


Both you and Skedaddle acknowledge and agree that, in your use of the iOS Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.


Both you and Skedaddle acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.


YOUR RESPONSIBILITIES


You are solely responsible for your use of and activity in relation to the Services and Forums. Your permission to use the Services and Forums is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances: (a) post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (b) create a false identity or impersonate any person; (c) use the Services or Forums for any unlawful purpose or for the promotion of illegal activities; (d) distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (e) attempt to, or harass, abuse or harm another person or user; (f) provide false or inaccurate information to Skedaddle; or (g) publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of Skedaddle or of any other person or entity.


You acknowledge that people participating in public or semi-public spaces on the Website, Apps or Services, including Forums, occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Website, Apps or Services, including in the Forums, by any third person. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of Skedaddle. We have no obligation to monitor the Website, Apps, Services or Forums or any submissions or other materials that you or other third persons or parties transmit or post on the Website, Apps, Services or Forums. You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message; (b) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and (c) disclose any submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Website or Apps to (i) protect us and our employees, officers, directors, shareholders, agents, representatives, promotional partners, affiliates, users and visitors; (ii) comply with legal obligations or governmental requests; (iii) to enforce these Terms of Use; or (iv) for any other reason or purpose.


INSURANCE


You may wish to protect yourself, your belongings and equipment and reservation payments made through the purchase of a traveler’s insurance policy. Skedaddle does not provide you with any personal or travel insurance.

TERM AND TERMINATION


These Terms of Use shall commence when you begin using the Services and shall continue until terminated in accordance with this section. You may terminate your User Account upon one day prior notice by emailing us at info@letskedaddle.com and ceasing all use of the Services.


Skedaddle may terminate these Terms of Use and cancel your User Account at any time immediately upon notice to you. Skedaddle may also, upon notice to you, immediately terminate these Terms of Use if you: (i) fail to comply with any term or condition specified in these Terms of Use or any policy posted by Skedaddle on the Website or the Apps; or (ii) engage in any activities or conduct while using the Services or the transportation services provided by the Charter Operators that Skedaddle, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable.


Upon termination, all of your rights to use Skedaddle’s Services and the services of the Charter Operators shall immediately terminate. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use, including but not limited to the sections entitled “License to Skedaddle”, “Disclaimer of Warranties”, “Indemnification”, “Limitations of Liability”, “Dispute Resolution”, and “Miscellaneous Provisions”.


DISCLAIMER OF WARRANTIES


ALL USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE, THE APPS OR VIA THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND SKEDADDLE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. SKEDADDLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. SKEDADDLE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SKEDADDLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.


SKEDADDLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE OPERATION OF THE CHARTERED VEHICLES OR THE TRAVEL SERVICES PROVIDED BY CHARTER OPERATORS.


WITHOUT LIMITING THE FOREGOING, NEITHER SKEDADDLE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER SKEDADDLE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER SKEDADDLE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


INDEMNIFICATION


You hereby agree to indemnify, defend, and hold harmless Skedaddle, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and promotional partners, including Charter Operators, from and against any and all claims, actions, suits, demands, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs arising out of your breach of these Terms of Use, your negligence or willful misconduct, your failure to comply with any Charter Operator Terms, or otherwise in connection with your or a Third Party Passenger’s use of the Services. Skedaddle reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Skedaddle.


LIMITATIONS OF LIABILITY


UNDER NO CIRCUMSTANCES WILL SKEDADDLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THESE TERMS OF USE OR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, SKEDADDLE SHALL HAVE NO LIABILITY FOR ANY (I) LOSS OF, OR DAMAGE TO, ANY PERSONAL ITEM OR LUGGAGE WHILE ON THE CHARTER OPERATOR’S VEHICLE, (II) LOSS OR DAMAGE IN RELATION TO YOU OR ANY THIRD PARTY ARISING FROM THE USE OF THE SERVICES OF A CHARTER OPERATOR, OR (III) LOSS OR DAMAGE ARISING FROM OR IN RELATION TO THE DISCLOSURE OR DISPLAY OF ANY CONTENT YOU POST OR SUBMIT TO THE SERVICES OR FROM ANY INTERACTIONS WITH SKEDADDLE OR ANY OTHER USER OF THE SERVICES.


IN NO EVENT SHALL SKEDADDLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED TWO HUNDRED DOLLARS ($200.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.


YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS OF USE THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THESE TERMS OF USE AND THAT SKEDADDLE WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS OF USE BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE SKEDADDLE TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS OF USE.


BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”


DISPUTE RESOLUTION – ARBITRATION; NO CLASS ACTIONS


THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.


Informal Process First. You agree that, in the event of any dispute between you and Skedaddle, you will first contact Skedaddle and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action (“Informal Process”).


Arbitration Agreement. After the Informal Process, ANY REMAINING DISPUTE, CONTROVERSY OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICES (“CLAIM”) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms of Use. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first date you access or use the Services by sending an email to info@letskedaddle.com.


THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF USE AS A COURT WOULD.


After the Informal Process, if you intend to seek arbitration you must first send written notice to Skedaddle’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Skedaddle should be sent by any of the following means: (i) electronic mail to info@skedaddle.com; or (ii) sending the Notice by U.S. Postal Service certified mail to:

Skedaddle, Inc.
745 Atlantic Avenue, 8th Floor
Boston, MA 02111

The Notice must (x) describe the nature and basis of the Claim; and (y) set forth the specific relief sought. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted in the English language. Massachusetts law will apply. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.


Except as otherwise provided for herein, Skedaddle will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your Claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Skedaddle for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Skedaddle shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.


This arbitration agreement applies equally to you and Skedaddle. However, we both agree that this arbitration agreement does not govern any Claim by Skedaddle for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms of Use. This dispute resolution provision, including the “Class Action Waiver” section below, will survive any termination of these Terms of Use.


In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Skedaddle agree that any judicial proceeding will be brought in the federal courts of Massachusetts or the state courts of Suffolk County, Massachusetts. Both you and Skedaddle consent to venue and personal jurisdiction there.


CLASS ACTION WAIVER

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.


TIME LIMITATION ON CLAIMS


You agree that any claim you may have arising out of or related to your relationship with Skedaddle must be filed within one year after such claim arose; otherwise, your claim is permanently barred.


COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT


Termination of Repeat Infringer User Accounts. Skedaddle respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Skedaddle has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Services, the Website or the Apps who are repeat infringers. Skedaddle may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website or Apps infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Skedaddle’s designated copyright agent at Skedaddle, Inc., 745 Atlantic Avenue, 8th Floor, Boston, MA 02111:

The date of your notification;


A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;


A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;


Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;


A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notices. If you believe that Your Content that has been removed from the Website or Apps is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;


A description of the content that has been removed and the location at which the content appeared before it was removed;


A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and


Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Skedaddle copyright agent, Skedaddle may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Skedaddle’s discretion) be reinstated on the Website or Apps, as applicable, in 10 to 14 business days or more after receipt of the counter-notice.


MISCELLANEOUS PROVISIONS


Assignment. The rights granted to you under these Terms of Use are not assignable or transferable, in whole or in part. Any attempt to transfer these Terms of Use without the written consent of Skedaddle shall be void and of no force and effect. Skedaddle may freely assign these Terms of Use, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. These Terms of Use will inure to the benefit of and will be binding upon each party’s permitted successors and assigns.


Relationship. No independent contractor, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Use.


Force Majeure. Any delay or failure in performance by Skedaddle shall be excused if and to the extent such delay or failure in performance is caused by the occurrence of a Force Majeure. For the purposes of these Terms of Use, “Force Majeure” shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of Skedaddle, including but not limited to acts of God, fires, floods, explosions, riots, wars, hurricanes and snow storms, acts of terrorism, vandalism, accidents, governmental acts or failures to act, injunctions, labor strikes, and other like events that are beyond the reasonable control of Skedaddle.

Waiver. The failure by Skedaddle to require performance of any provision of these Terms of Use will not affect Skedaddle’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Unless stated otherwise, all remedies provided for these Terms of Use shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.


Severability. If any term, provision, covenant or condition of these Terms of Use is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms of Use had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. The headings and captions contained herein will not be considered to be part of these Terms of Use but are for convenience only.


Governing Law. These Terms of Use are governed by the FAA and the laws in force in the Commonwealth of Massachusetts and shall be interpreted according to the FAA and the internal laws of such state, without reference to principles of conflicts of laws or choice of law rules.


Notices. Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to Skedaddle in your completed registration or as updated by you and on file with Skedaddle. Any notices or communication required or permitted to be given to Skedaddle shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:


Skedaddle, Inc.
745 Atlantic Avenue, 8th Floor
Boston, MA 02111
Owner: Brad Werntz
Phone: (617) 528-0567
Email Address: hello@letskedaddle.com


Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.


Electronic Communications. By using the Services, you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. Communication will be made primarily through use of e-mail to the e-mail address used to register on the Website or Apps. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at hello@letskedaddle.com.


Whole Agreement. These Terms of Use are the entire agreement between you and Skedaddle relating to the subject matter herein and there are no promises, covenants or undertakings other than those expressly set forth herein.