Last Updated: 07/10/19
Agreement to Terms
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 18. IF YOU ARE UNDER 18 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.
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, mailing address, e-mail address, mobile phone number, and a photograph. In addition, you agree to the following:
- You have no record of convictions for felonies, sex offenses, or crimes involving violence.
- You agree to respect the privacy of your fellow users. Do not misuse or disclose personal information about Riders or Drivers that you may access through your use of Service.
- 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 will notify us immediately of any unauthorized use of your 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.
In your use of the Zome Services and during your participation in the Services, you agree not to engage in any of the following actions:
- provide any false personal information, create an account for anyone other than yourself without permission, or impersonate any person or entity;
- disclose your password to any third party;
- create more than one personal account;
- stalk, threaten, or otherwise harass any person;
- carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with, disrupt, or attempt to damage the Zome platform, Zome servers, or any networks connected to the Zome platform;
- post information or interact with the Zome Services in a fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal manner.
- use the Zome Services in any way that infringes on any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs to the Zome platform designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers, manipulate identifiers, or otherwise misrepresent or mask source in order to disguise the origin of any information transmitted using or via Zome Services;
- “frame” or “mirror” any part of the Zome platform, without our prior written authorization or use meta tags or code or other devices containing any reference to Zome in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Zome Services or any software used on, for or with the Zome platform without express written consent of Zome Inc.;
- attempt to rent, lease, lend, sell, redistribute, license or sublicense the Zome Services or access to any portion of the Zome platform;
- 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 Zome platform or its contents;
- link directly or indirectly to any other web sites;
- transfer or sell your User account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- suggest to or directly cause any third party to engage in any of the restricted activities above.
If a User violates any of the above, Zome reserves the right to terminate the User’s account, recoup any funds given as part of the Services, and pursue any and all available legal and equitable remedies.
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 (e.g., Driving While Impaired (DWI)), 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.
Zome had built affiliations with certain corporations, businesses, state and local government bodies, business parks, and other organizations (our “Associated Partners”) to support use of the Services among their employees, contractors and other personnel.
If your account is associated with Zome through an Associated Partner (for example your employer), then, by using the Services, you acknowledge and agree to the following:
- Your usage is strictly voluntary and using Zome Services does not in any way suggest that you are acting in the course and scope of your employment, nor does it create or constitute an employer-employee or agency relationship with Zome or its Associated Partners;
- As a Rider or Driver your time spent is your own and it does not constitute remunerable time;
- Zome’s Associated Partners do not have any impact on Reimbursements;
- Associated Partners are not subject to any issues, concerns or disputes between Riders, Drivers, and/or the general public as they are not considered employment disputes and thus Associated Partners will not be participants in any investigation or resolution. Those should be addressed between the relevant parties;
- If injury, illness, death, damage, property damage/destruction, or other loss occurs during usage of the Services, neither Zome nor its Associated Partners will be held responsible or liable.
- You assume and accept any and all risk of injury, illness, death, damage, destruction/damage of property, or other loss associated with the Services;
- It is not the responsibility of Associated Partners to ensure the quality or safety of Zome users, or for ensuring that Drivers’ vehicles are roadworthy or sufficiently insured; and
- Any workers’ compensation offered by an Associated Partner will not be applicable for any resulting injuries or damages while using the Services.
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.
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.
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
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.
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
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 AND ITS ASSOCIATED PARTNERS 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 AND ITS ASSOCIATED PARTNERS 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.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “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
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.
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.
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.
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.
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.
If you have questions about these Terms, please contact us by email at email@example.com.