richardglasgow.com Terms of Service
Last Updated: January 22, 2019
These terms of service constitute a legally binding agreement (the “Agreement”) between you and R & M Glasgow LLC, doing business as richardglasgow.com. ("R & M Glasgow LLC," “richardglasgow.com,” “we,” “us” or “our”) governing your use of the richardglasgow.com application, website, and technology platform (collectively, the “richardglasgow.com Platform”).
Please be advised: This Agreement contains provisions that govern how claims you and richardglasgow.com have against each other can be brought (see Section 17 below). These provisions will, with limited exception, require you to submit claims you have against richardglasgow.com to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. As a Driver or Driver applicant, you have an opportunity to opt out of arbitration with respect to certain claims as provided in Section 17.
By entering into to this Agreement, and/or by using or accessing the richardglasgow.com platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the richardglasgow.com Platform. If you use the services of richardglasgow.com or its affiliates in another country, by using the Richardglasgow.com Platform in that country you agree to be subject to richardglasgow.com’s terms of service for that country.
1. The richardglasgow.com Platform
The richardglasgow.com Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users.” As a User, you authorize richardglasgow.com to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
2. Modification to the Agreement
In the event richardglasgow.com modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. richardglasgow.com reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the richardglasgow.com Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The richardglasgow.com Platform may only be used by individuals who can form legally binding contracts under applicable law. The richardglasgow.com Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s richardglasgow.com page, plus any tips to the Driver that you elect to pay. richardglasgow.com has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s richardglasgow.com page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (such as “RGPlus,” or “RGSuv” as described on your market’s richardglasgow.com page. You are responsible for reviewing the applicable richardglasgow.com page and shall be responsible for all Charges incurred by you regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
Hourly Fares. Hourly fares consist of a base charge and incremental charges based on the duration of your ride. For particularly short rides, a minimum fare of one half hour may apply.
Fixed Fares. In most cases the Platform will display a Fare for a specified ride or richardglasgow.com may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the richardglasgow.com Platform, we may cancel the fare quote and charge you a hourly fare based on the time and distance of your ride. richardglasgow.com does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
Fees and Other Charges.
Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable richardglasgow.com Cities page.
Cancellation Fee. After requesting a ride you may cancel it through the Platform, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn more about richardglasgow.com’s cancellation policy, including applicable fees.
Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to full replacement or repair cost of the damaged item(s) including labor, or the full cost of cleaning the vehicle depending on the extent of the damage (as determined by richardglasgow.com in its sole discretion). richardglasgow.com reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Tolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help Center and your market’s richardglasgow.com page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by richardglasgow.com will match the toll charged to the Driver, if any.
Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by richardglasgow.com or its marketing partners, and processing fees for split payments. In addition, where required by law richardglasgow.com will collect applicable taxes. See your market’s richardglasgow.com page for details on other Charges that may apply to your ride.
Tips. Following a ride, you may elect to tip your Driver in cash. Any tips will be provided entirely to the applicable Driver.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Square, or a division of PayPal, Inc.). richardglasgow.com may replace its third-party payment processing services without notice to you. Charges shall only be made through the richardglasgow.com Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to richardglasgow.com satisfies your payment obligation for your use of the richardglasgow.com Platform and Services.
Refunds . Refunds will be made in full for cancellations made with 24 hours or more notice in writing using the richardglasgow.com Platform. 50% refunds will be provided for cancellations made with between 12 hours to 23 hours notice in writing using the richardglasgow.com Platform. No refunds will be provided to cancellations made with 12 hours or less notice in writing or otherwise using the richardglasgow.com Platform. Furthermore, no refunds will be provided for a “No Show.” A “No Show” is when the driver arrives at your prearranged destination and texts you using the phone number you provided at booking to inform you that the driver has arrived and you fail to start your prepaid for trip within 10 minutes of the driver arriving at your location and texting you using the number you provided at booking. No refunds will be provided for all and any cancellations at any time attempted using any other media than the richardglasgow.com Platform. This no-refund policy shall apply at all times regardless of your decision to cancel service by using services other than the richardglasgow.com Platform, or for any disruption to the richardglasgow.com Platform or Services, or any other reason whatsoever not mentioned in this paragraph.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the richardglasgow.com Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, richardglasgow.com may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. If you split payment for a Ride with another User, your coupon will only apply to your portion of the Charges. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the richardglasgow.com App.
If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and richardglasgow.com. The Driver Addendum is available in the Driver dashboard when you log into your account.
6. richardglasgow.com Communications
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from richardglasgow.com, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the richardglasgow.com Platform or Services, updates concerning new and existing features on the richardglasgow.com Platform, communications concerning promotions run by us or our third-party partners, and news concerning richardglasgow.com and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
7. Your Information
8. Promotions and Referral Programs
richardglasgow.com, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with richardglasgow.com. richardglasgow.com reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that richardglasgow.com determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
richardglasgow.com may offer you with incentives to refer your friends and family to become new Users of the richardglasgow.com Platform in your country (the “Referral Program”). These incentives may come in the form of richardglasgow.com Credits, and richardglasgow.com may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of richardglasgow.com Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
9. Restricted Activities
With respect to your use of the richardglasgow.com Platform and your participation in the Services, you agree that you will not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, rule, permit, ordinance or regulation;
d. interfere with or disrupt the richardglasgow.com Platform or the servers or networks connected to the richardglasgow.com Platform;
e. post Information or interact on the richardglasgow.com Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
f. use the richardglasgow.com Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Richardglasgow.com Platform;
i. “frame” or “mirror” any part of the richardglasgow.com Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the richardglasgow.com Platform or any software used on or for the richardglasgow.com Platform;
k. rent, lease, lend, sell, redistribute, license or sublicense the richardglasgow.com Platform or access to any portion of the richardglasgow.com Platform;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the richardglasgow.com Platform or its contents;
m. link directly or indirectly to any other web sites;
n. transfer or sell your User account, password and/or identification to any other party
o. 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
p. cause any third party to engage in the restricted activities above.
10. Driver Representations, Warranties and Agreements
By providing Services as a Driver on the richardglasgow.com Platform, you represent, warrant, and agree that:
a. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
b. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
c. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the richardglasgow.com community or third parties.
d. You will only provide Services using the vehicle that has been reported to, and approved by richardglasgow.com, and for which a photograph has been provided to richardglasgow.com, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
e. You will not, while providing the Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
f. You will not attempt to defraud richardglasgow.com or Riders on the richardglasgow.com Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
g. You will make reasonable accommodation for Riders and/or for service animals, as required by law and our Service Animal Policy.
h. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
i. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
j. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
11. Intellectual Property
All intellectual property rights in the richardglasgow.com Platform shall be owned by richardglasgow.com absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the richardglasgow.com Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of richardglasgow.com. richardglasgow.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
RICHARDGLASGOW.COM and other richardglasgow.com logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of richardglasgow.com in the United States and/or other countries (collectively, the “richardglasgow.com Marks”). If you provide Services as a Driver, richardglasgow.com grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the richardglasgow.com Marks solely in connection with providing the Services through the richardglasgow.com Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without richardglasgow.com’s prior written permission, which it may withhold in its sole discretion. The richardglasgow.com Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that richardglasgow.com is the owner and licensor of the richardglasgow.com Marks, including all goodwill associated therewith, and that your use of the richardglasgow.com Marks will confer no additional interest in or ownership of the richardglasgow.com Marks in you but rather inures to the benefit of richardglasgow.com. You agree to use the richardglasgow.com Marks strictly in accordance with richardglasgow.com’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that richardglasgow.com determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the richardglasgow.com Marks or any derivatives of the richardglasgow.com Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by richardglasgow.com in writing; (2) use the richardglasgow.com Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the richardglasgow.com Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair richardglasgow.com’s rights as owner of the richardglasgow.com Marks or the legality and/or enforceability of the richardglasgow.com Marks, including, challenging or opposing richardglasgow.com’s ownership in the richardglasgow.com Marks; (4) apply for trademark registration or renewal of trademark registration of any of the richardglasgow.com Marks, any derivative of the richardglasgow.com Marks, any combination of the richardglasgow.com Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the richardglasgow.com Marks; (5) use the richardglasgow.com Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in richardglasgow.com’s sole discretion. If you create any materials bearing the richardglasgow.com Marks (in violation of this Agreement or otherwise), you agree that upon their creation richardglasgow.com exclusively owns all right, title and interest in and to such materials, including any modifications to the richardglasgow.com Marks or derivative works based on the richardglasgow.com Marks. You further agree to assign any interest or right you may have in such materials to richardglasgow.com, and to provide information and execute any documents as reasonably requested by richardglasgow.com to enable richardglasgow.com to formalize such assignment.
richardglasgow.com respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the richardglasgow.com Platform or Services infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
The following disclaimers are made on behalf of richardglasgow.com, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
richardglasgow.com does not provide transportation services, and richardglasgow.com is not a transportation carrier. richardglasgow.com is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the richardglasgow.com Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the richardglasgow.com Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The richardglasgow.com Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the richardglasgow.com Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the richardglasgow.com Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the richardglasgow.com Platform will be corrected, or that the richardglasgow.com Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the richardglasgow.com Platform or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the richardglasgow.com Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the richardglasgow.com Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
richardglasgow.com is not responsible for the conduct, whether online or offline, of any User of the richardglasgow.com Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the richardglasgow.com Platform and participating in the Services, you agree to accept such risks and agree that richardglasgow.com is not responsible for the acts or omissions of Users on the richardglasgow.com Platform or participating in the Services.
You are responsible for the use of your User account and richardglasgow.com expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the richardglasgow.com Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the richardglasgow.com Platform or through the Services. Please carefully select the type of information that you post on the richardglasgow.com Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning richardglasgow.com or made available through the richardglasgow.com Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the richardglasgow.com Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the richardglasgow.com Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Drivers are required to use location data provided by Google maps. The richardglasgow.com Platform is for basic location purposes only, such as to provide Rider’s address and pick up time and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither richardglasgow.com, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the richardglasgow.com Platform. Any of your Information, including geolocational data, you upload, provide, or post on the richardglasgow.com Platform may be accessible to richardglasgow.com and certain Users of the richardglasgow.com Platform.
richardglasgow.com advises you to use the richardglasgow.com Platform with a data plan with unlimited or very high data usage limits, and richardglasgow.com shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the richardglasgow.com Platform.
This paragraph applies to any version of the richardglasgow.com Platform that you acquire from the Apple App Store. This Agreement is entered into between you and richardglasgow.com. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the richardglasgow.com Platform. richardglasgow.com, not Apple, is solely responsible for the richardglasgow.com Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
13. State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.richardglasgow.com.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold richardglasgow.com including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the richardglasgow.com Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the richardglasgow.com Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
15. Limitation of Liability
In no event will richardglasgow.com, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “richardglasgow.com” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the richardglasgow.com Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the richardglasgow.com Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The richardglasgow.com Platform may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that richardglasgow.com has no responsibility or liability to you related to any transportation, goods or other services provided to you by third party providers other than as expressly set forth in this agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
16. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to richardglasgow.com; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, richardglasgow.com may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below richardglasgow.com’s star rating or cancellation threshold; (3) richardglasgow.com has the good faith belief that such action is necessary to protect the safety of the richardglasgow.com community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to richardglasgow.com’s reasonable satisfaction prior to richardglasgow.com permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to richardglasgow.com’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
17. Dispute Resolution and Arbitration Agreement
(a) Agreement to Binding Arbitration Between You and richardglasgow.com.
You and richardglasgow.com mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with richardglasgow.com ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and richardglasgow.com, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and richardglasgow.com’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, all disputes and claims between us (each a “Claim” and collectively, “Claims”) shall be exclusively resolved by binding arbitration solely between you and richardglasgow.com. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the richardglasgow.com Platform, the Services, any other goods or services made available through the richardglasgow.com Platform, your relationship with richardglasgow.com, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on richardglasgow.com’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by richardglasgow.com, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by richardglasgow.com and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
By agreeing to arbitration, you understand that you and richardglasgow.com are waiving the right to sue in court or have a jury trial for all Claims, except as expressly otherwise provided in this Arbitration Agreement. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
You understand and agree that you and richardglasgow.com may each bring Claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“Class Action Waiver”). You understand and agree that you and Richardglasgow.com both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding. Notwithstanding the foregoing, this subsection (b) shall not apply to representative private attorneys general act claims brought against richardglasgow.com, which are addressed separately in Section 17(c).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and richardglasgow.com agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and richardglasgow.com agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceab