Zome Terms of Use

Zome Terms of Use

Last Updated: 3/28/18

Terms

IMPORTANT NOTICE: READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU.

 

Agreement to Terms

This terms of use agreement (these “Terms”) constitutes a legally binding contract between Zome, Inc. (“Zome,” “we,” “us”) and you (“You” and “User”), with respect to your use of all properties, including gozome.net, Zome apps, and other Zome-related sites, apps, communications and other services that are offered, owned or operated by Zome and our affiliates (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, including any updates posted here or otherwise communicated to you. If you do not agree to the Terms and Privacy Policy, please do not use the Services.

 

Changes

We reserve the right to modify these Terms and our Privacy Policy at any time by posting a revised version, the date of which is the “Last Updated” date first listed above. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

 

Our Privacy Policy

Our Privacy Policy, which describes how we collect and use information from our users, is available at https://www.gozome.com/privacy/, as well as through the link titled “Privacy” on our homepage and other locations within the Properties.

 

Your Obligations

 

Eligibility, Minors and Authority

To use the Services, you agree that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms.  No part of the Services is directed to anyone under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER.

 

If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

 

User Account 

Account registration is required for Users to receive or use the Services. When you open, or confirm an account, you will be required provide us with personal information, which may include, without limitation, your name, gender, e-mail address, mobile phone number, and a photograph. In addition, you agree to the following:

  • You agree to keep your account information complete, accurate and current at all times.
  • You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account.
  • You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account.
  • You will not provide any false personal information, or create an account for anyone other than yourself without permission.
  • You will not create more than one personal account.
  • You are responsible for all content you share as part of using the Services and assume all risks associated with such sharing.
  • You agree to review the available options for your user account settings when you register your user account and make any desired changes to default account settings before using the Services. You also agree to update your user account settings if your account settings preferences change.

 

Driver-Specific Requirements
By using the Service, a Driver represents, warrants, and agrees that:

  • The Driver is at least 21 years of age.
  • The Driver possesses a valid, current driver’s license and is authorized to operate a motor vehicle in all jurisdictions in which such Driver uses the Services.
  • The Driver owns, or has the legal right to operate, the vehicle such Driver uses when accepting Passengers, 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.
  • The Driver is named or scheduled on a valid insurance policy satisfying State and local laws where the vehicle is registered and covering the vehicle such Driver uses when accepting Passengers. The Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver’s vehicle to cover any anticipated losses related to such Driver’s provision of rides to Passengers. Such Driver has no record of convictions for felonies, serious driving offenses, sex crimes, or crimes involving violence of any kind.
  • The Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Passengers, including, but not limited to personal injuries, death and property damages. In the event of a vehicle accident such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver’s insurance carrier. The Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
  • The Driver will not make any misrepresentation regarding Zome, the Services or such Driver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek involuntary compensation from Passengers, or engage in any other activity in a manner that is inconsistent with such Driver’s obligations under these Terms.
  • The Driver will not transport a Passenger on any trip arranged through the Services which is in excess of one hundred (100) miles.
  • The Driver 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.
  • The Driver is medically fit to drive in accordance with applicable law.
  • The Driver will not accept cash payments or any other form of compensation directly from Passengers.
  • The Driver is an independent third party volunteering to drive others in a not-for-profit carpooling arrangement, and is not an employee or agent of Zome or its affiliates.
  • The Driver will cooperate fully with Zome if Zome asks Driver to verify any or all of these Driver Requirements.

 

When you are a Driver (or as part of a promotion or other offer), you may accrue credits (collectively, your “Driver Credits”) in accordance with our credit accrual policy in effect at the time of accrual. In accordance with our policy in effect at the applicable time of application or reduction, your Zome Credits may be applied towards trips you take as a Rider or (subject to our then current minimum “cash out” amount and applicable limits on promotional credits) you may elect to reduce your Zome Credits in exchange for money to be deposited into a qualifying bank account designated by you. Please note that these rights (and the Zome Credits) are contractual rights only and do not constitute or represent property or any right or interest in property; in any case (and notwithstanding any reference to any “account”), we are not holding any property (including money) for you or on your behalf, as a fiduciary or otherwise. If you have not accrued new credits or used any credits within a twelve (12) month period, your credits will expire and your Zome Credits will go to zero.

 

You agree that you will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that we may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. You hereby acknowledge and agree that you are not an employee, agent, independent contractor, partner, or joint venture of Zome, and that you do not have any authority of any kind to bind Zome in any respect whatsoever.

 

Your Rights and Limitations

 

Limited License to Zome

Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for your personal and informational use only.

 

Your License Grant to Zome

You own the information you submit to the Services, and you grant Zome and our affiliates a non-exclusive, worldwide, transferable, and sub-licenseable right to use, copy, modify, distribute, publish, and process, the information you provide through our Services, without any additional consent, notice, or compensation to you. You can end the license deleting content you previously submitted to the Services or by deleting your account, except to the extent you shared content with others and taking into account reasonable time for Zome to remove content from backup systems. If you submit suggestions or other feedback regarding our Services to Zome, you agree that we have the irrevocable right to use and/or share such feedback for any purpose without compensation to you.

 

Limits

Zome reserves the right to limit your use of the Services. Zome reserves the right to restrict, suspend, or terminate your account if Zome believes that you may be in breach of these Terms.

 

Availability

Zome may change or abandon any of its Services at any time without notice.  We don’t promise to store or display any information or content that you have shared. We have no obligation to store, maintain, or provide a copy of any content or information except as required by applicable law.

 

Our Services Protected

The Services, including all materials and information, and the selection, arrangement, and composition of such information (“Materials”) are proprietary property of Zome, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter, or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.

 

Third-Party Intellectual Property

All non-Zome trademarks, product names and logos appearing on our Services are property of their respective owners. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third-Party Materials are not owned or controlled by Zome. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship, or recommendation by Zome. Third Party Materials may be subject to their own privacy policies and terms of use that explain and govern your use of those Third-Party Materials.

 

Accuracy of Information

Zome makes no representation or warranty about the accuracy or suitability of the information submitted by Users or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy.

 

Communications

By providing your information or creating an account, you agree that Zome may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Zome account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by at any time.

Zome Services and Fees

Zome Platform

The Zome platform allows people who seek to be transported (“Passengers”) to be matched with people willing to drive (“Drivers”) those Passengers.

 

ZOME DOES NOT PROVIDE TRANSPORTATION SERVICES, AND ZOME IS NOT A TRANSPORTATION NETWORK COMPANY. IT IS SOLELY UP TO A PASSENGER TO SEEK A RIDE, AND SEPARATELY, IT IS SOLELY UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER. ANY DECISION BY A ZOME USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH ZOME IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION AND AT THAT USER’S SOLE RISK. ZOME OFFERS INFORMATION AND A METHOD TO CONNECT PASSENGERS AND DRIVERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY PASSENGER BY ANY DRIVER USING ZOME.

ZOME DOES NOT GUARANTEE ANYTHING ABOUT DRIVERS OR PASSENGERS, INCLUDING BUT NOT LIMITED TO THE SAFETY OR ABILITY OF DRIVERS OR PASSENGERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A DRIVER OR PASSENGER WILL MEET YOUR NEEDS AND EXPECTATIONS. ZOME WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A DRIVER OR PASSENGER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING DRIVERS OR PASSENGERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF DRIVERS OR PASSENGERS ARRANGED OR SCHEDULED USING THE SERVICES IS SOLELY AT YOUR OWN RISK AND JUDGMENT. YOU ARE SOLELY RESPONSIBLE AND BEAR ALL RISKS FOR CHOOSING THE INDIVIDUALS WITH WHOM YOU TRAVEL. ZOME SHALL NOT HAVE ANY LIABILITY, RESPONSIBILITY, OR OBLIGATION ARISING FROM OR IN ANY WAY RELATED TO INTERACTION, FINANCIAL OR PERSONAL, WITH DRIVERS OR PASSENGERS AND/OR ANY RIDES OR TRIPS YOU TAKE IN CONNECTION WITH ZOME’S SERVICES.

 

Although Zome may in some instances attempt to verify certain information provided by Drivers, Zome has no obligation to do so and makes no representations regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Driver.

 

Fees

You understand and agree that use of the Service in the capacity of a Passenger may require you to pay a reimbursement of a portion of the costs incurred by a Driver (“Reimbursement”), including but not limited to gasoline and vehicle depreciation. You agree that you will remit such Reimbursement solely and directly to us, not to a driver. We may take a commission from the reimbursement amount. You further agree that you shall, as a Passenger, neither give a Driver, nor accept when serving as a Driver, Reimbursement in excess of the costs the Driver incurred for the particular trip in which you participated as Passenger. After you have used the Services, we will facilitate payment of the applicable Reimbursement on behalf of the Driver, as such Driver’s limited Reimbursement collection agent, using the preferred payment method chosen when you set up your account, or a secondary payment method if the preferred payment method i expired, invalid, or otherwise unable to process payment. For legal purposes, Reimbursement in such a manner shall be considered the same as a Reimbursement made directly by you to the Driver. Reimbursements will be inclusive of applicable taxes where required by law. Reimbursements paid by you are final and non-refundable, unless otherwise determined by Zome. Reimbursements are due immediately. Zome may from time to time provide any users with promotional offers and/or discounts that may result in different Reimbursements for the same or similar Services without giving you the right to receive the same. As a Passenger, may elect to cancel your request for Services from a Driver at any time. If you elect to cancel your request for Services from a Driver after the Driver arrives, you will be charged for all or a portion of the Driver’s Reimbursement. Even if you elect to cancel your request for Services from a Driver prior to such Driver’s arrival, you may still be charged for all or a portion of the Driver’s Reimbursement, depending on when you cancel, in Zome’s sole discretion. If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. Zome may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “CONFIRM”, “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Zome to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY ZOME. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of coins by other than electronic means.

Disputes, Aribtration, and Limitation of Liability

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or Zome exclusively in the U.S. District Court for the Western District of North Carolina or a state court located in Mecklenburg County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of North Carolina will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

 

Indemnification

You agree to release, defend, indemnify, and hold Zome and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

 

Binding Arbitration

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

 

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

 

Class Action Waiver

ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

 

Notwithstanding anything to the contrary, you and Zome may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER ZOME NOR ANY OTHER PARTY INVOLVED IN THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZOME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ZOME AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ZOME BY YOU ACCORDING TO THE TERMS, OR ONE HUNDRED US DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE.

Termination

Both you and Zome may terminate these Terms at any time with notice to the other party. Upon termination, you lose the right to access or use of the Services.

Miscellaneous Terms

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Zome’s prior written consent, but may be assigned by Zome without restriction and without notice to you.

 

These Terms constitute the entire agreement between you and Zome concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Zome with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

 

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Zome’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that result in a change the current Services shall be subject to these Terms.

 

Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Zome Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

 

Contact Us

If you have questions about these Terms, please contact us by email at info@gozome.net.