Legal

Terms of Service

© COPYRIGHT 2018 JOYRIDES Online ALL RIGHTS RESERVED.
Updated April 9th, 2018

YOUR ACCEPTANCE OF THE TERMS OF USE. Welcome to JOYRIDES! The website [www.joyridesapp.com], the mobile, tablet, and other smart device applications, and application program interfaces (collectively, the “Platform”) and all associated services is brought to you by JOYRIDES, LLC. (“JOYRIDES,” “we,” “us,” or “our”). This user agreement sets forth the “terms and conditions” which govern your use of the Platform and of the services and features made available on or through the Platform (as further described in Section 2.A below and including, but not limited to the “Registered User Services,” the “Services”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE (the “Terms of Use,” or the “Agreement”) CAREFULLY BEFORE USING THIS PLATFORM AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND JOYRIDES AND GOVERN YOUR ACCESS TO THE PLATFORM. BY ACCESSING OR USING THIS PLATFORM AND/OR THE SERVICES IN ANY MANNER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF (1) THESE TERMS OF USE, (2) OUR PRIVACY POLICY (“THE PRIVACY POLICY”); AND (3) ANY OTHER LEGAL NOTICES, CONDITIONS, OR GUIDELINES LOCATED ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE PLATFORM OR SERVICES AND EXIT NOW. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE FROM TIME TO TIME. YOUR CONTINUED USE OF THE PLATFORM AND/OR SERVICES NOW, OR FOLLOWING THE POSTING OR NOTICE OF ANY CHANGES TO THE TERMS OF USE OR PRIVACY POLICY WILL INDICATE YOUR ACCEPTANCE OF THOSE CHANGES.

1. PLATFORM USERS.

Two types of users may access the Platform and use the Services – "Visitors" and "Registered Users.".

A. Visitors: To become a visitor of the Platform (“Visitor”), you must read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use and the Privacy Policy as a Visitor, You may access the Site, and read our general information. You may NOT access any password-restricted information and/or portions of the Site, or upload any information.

B. Registered Users: To become a registered user of the Platform (“Registered User”) and to access the password-restricted areas of the Platform and the Registered User Services (as defined in Section 2A below), You must read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use, and the Privacy Policy. You may become a Registered User of the Site, by accessing the unique link provided to you upon initiation, for the Site. Without limiting the foregoing, the password-restricted areas of the Platform and the Registered User Services are not available to temporarily or indefinitely suspended Registered Users or to persons under 18 years of age.

You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify JOYRIDES of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. JOYRIDES will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

2. USE OF CONTENT AND SERVICES AVAILABLE THROUGH THE SITE.

A. Content. The Platform contains a wide variety of Content (defined below), whether (1) proprietary to JOYRIDES, or (2) proprietary to third parties, or Content proprietary to our commercial partners. “Content” includes, but is not limited to text, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you may view or access through the Site, and Registered User Content. Under no circumstances will JOYRIDES be liable in any way for any Content, including any errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.

B. Services. Through the Platform, we offer (1) to Visitors and to Registered Users free of cost access to our description of the service (2) to Registered Users only, access to an online system that allows users to purchase commercial transportation services and (3) to certain Registered Users only, the ability to promote, sell and manage commercial transportation services. JOYRIDES does not guarantee (i) the existence, quality, safety, suitability, or legality of any of the commercial transportation services on the Platform, (ii) the truth or accuracy of any descriptions, ratings or reviews of the commercial transportation services on the Platform, or (iii) the performance or conduct of any third party. C. Restrictions on Your Use of Content. The following restrictions apply to your use of Content:

i. The Content and the trademarks, services marks and logos on the Platform are owned by or licensed to JOYRIDES, subject to copyright and other intellectual property rights under the law.

ii. Content is provided to You AS IS. You may access Content for your information and use solely as intended through the provided functionality of the Platform and as permitted under this Agreement. You shall not use Content in any manner that infringes our or any third party's intellectual property rights, or other proprietary right or rights of publicity in or to the Content. All rights not expressly granted herein by JOYRIDES and/or its licensors to you are reserved by JOYRIDES and/or its licensors.

iii. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Platform or contained in a file that is uploaded to the Site.

D. Restrictions on Your Rights to Use the Site/Materials. You agree that you shall not (and you agree not to allow any third party to): (i) access or use the Platform and/or the Materials (as defined in Section 3 below) in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement and our Privacy Policy; (ii) attempt to disrupt the operation of the Platform through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming; (iii) use the Site/Materials in any manner that could damage, disable or impair our services or networks; (iv) attempt, through any means, to gain unauthorized access to the Site, Services, to a Registered User’s account, and/or any computer systems or networks, through hacking, password mining or any other means; (v) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) use any robot, spider, Platform search/retrieval application, or other device to access, retrieve, screen scrape, screen surf or employ any other data scraping method, or index any portion of the Site/Services/Materials for any purpose. Systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited; (vii) create a Registered User account by automated means or register as a Registered User under false or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as "spam" to Registered Users or otherwise interfere with Visitors and/or Registered Users’ enjoyment of the Site; (ix) reformat or frame any portion of the web pages that are part of the Site; (x) use the Site/ Materials to defame, abuse, harass, threaten or otherwise violate the rights of others; (xi) use the Platform to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure or that may otherwise interfere with the functioning of the Site/Services; (xiii) access or otherwise use any aspect of the Site/ Materials if you are not in compliance with the age requirements; (xiv) create liability for JOYRIDES or cause JOYRIDES to lose (in whole or in part) the services of its information technology partners or other suppliers; (xv) use the Site/Materials, intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xvi) collect or store Personal Information (as defined in our Privacy Policy) about Users in connection with any of the prohibited activities described in this paragraph, (xvi) alter, or attempt to alter any register user’s account balance.

3. PROPRIETARY RIGHTS RESTRICTIONS.

A. All material on the Site, including, but not limited to, Content, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by JOYRIDES or other parties that have licensed their material to JOYRIDES, and are protected by copyright, trademark, and other intellectual property laws. All JOYRIDES trademarks and service marks, logos, slogans and taglines are the property of JOYRIDES. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as specifically permitted, nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Platform without the express written permission of JOYRIDES, or such third-party that may own the trademark, service mark, logo, slogan or tagline.

B. Except as otherwise specifically permitted herein, the Materials on the Platform may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of JOYRIDES or such third-party that owns the Materials. Any modification of the Materials, use of the Materials on any web Platform or networked computer environment, or use of the Materials for any purpose other than as specifically permitted herein or in the applicable Registered User agreement without the prior consent of JOYRIDES or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

4. CHARGES FOR SERVICES.

A. You understand and agree that you are responsible for all charges relating to your use of JOYRIDES Registered User Services. You will be informed of the fees to be charged when you select a commercial transportation service. Fees may vary from provider to provider. You will be responsible for all charges or fees related to any commercial transportation service you select. In the event you dispute any fee or charge, you must dispute such charge directly with the provider. You are free to cancel the services of any provider of commercial transportation services through the JOYRIDES site.

B. You authorize JOYRIDES to charge your credit card for any fees or charges. You will be asked to supply credit card information, which will be verified prior to your selection of any commercial transportation service. You will not be able to use the JOYRIDES Registered User Services to purchase commercial transportation services if the credit card information you provide is inaccurate or if your credit card is declined.

C. By selecting and utilizing commercial transportation services, you authorize us to charge your credit card for any charges. In order to facilitate payment for your commercial transportation services, we will share your credit card information and related personal information with the designated credit card payment processor. This information is shared solely for the purpose of collecting the fees.

D. You agree to update or renew a credit card that is expired or rejected. JOYRICES reserves the right to cancel any commercial transportation services if you do not provide a valid credit card within a reasonable amount of time.

E. In the event you incur any overcharges or additional fees from a provider of commercial transportation services, such as charges or fees caused by additional services ordered by you or penalties for missed services, you hereby authorize JOYRIDES to charge your personal credit card.

F. In the event that you terminate any commercial transportation services purchased through the JOYRIDES Platform or are credited for any other charges and a provider reimburses you for any such charges, JOYRIDESS shall credit such direct reimbursement to your credit card. JOYRIDES shall have no responsibility for, and shall not provide any reimbursements or credits for, any purchases made, or transactions concluded, outside of the JOYRIDES Platform or any transactions between a Registered User offering commercial transportation services and a Registered User purchasing such commercial transportation services. G. JOYRIDES may charge fees to Registered Users and or commercial service providers in consideration for the use of the JOYRIDES Platform. JOYRIDES reserves the right to change the service fees at any time, and Registered Users are responsible for paying for any service fees they owe to JOYRIDES. Except as otherwise provided on the Platform, services fees are non-refundable.

5. MODIFICATIONS TO THESE TERMS OF USE AND OUR PLATFORM AND/OR SERVICES.

You agree and understand that the terms of this Agreement, the Site, and/or the Services may be modified by us at any time in our sole discretion without prior notice, and such modifications will be effective immediately upon our posting of the new terms and/or upon implementation of the new changes to the Platform and/or Services. You acknowledge that JOYRIDES reserves the right to discontinue the Services, or any features, functionality or services provided as part of or in connection with the Platform and/or the Services, and to remove Content that violates the requirements set forth in this Agreement, without prior notice. While the non-password restricted portions of the Platform are currently free of charge, you acknowledge that JOYRIDES reserves the right to charge for aspects or additions to the Platform and/or Services in the future. You agree to review this Agreement periodically so that you are aware of the most current rights and obligations, which apply to your agreement with us. Your continued use of the Platform and/or the Services after any modifications indicates your acceptance of the modified Agreement. The most current version of this Agreement can be accessed at any time by selecting the Terms of Use link on the bottom of any page on the Site. You understand that the Content is provided as a courtesy to our Registered Users and Visitors and that we may suspend or terminate all or a portion of the Platform and/or Services at any time in our discretion without notice to you. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

6. VISITOR/USER SUGGESTIONS.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to JOYRIDES (“Comments”) are not confidential and you hereby grant to JOYRIDES a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

7. DIGITAL MILLENIUM COPYRIGHT ACT.

JOYRIDES respects the intellectual property of others and expects users of our services to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Platform or through this service, you must provide the following information when providing notice of the claimed infringement to JOYRIDES:

  • • A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed;
  • • Information reasonably sufficient to permit JOYRIDES to contact you, such as an address, telephone number and/or electronic mail address;
  • • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
  • • A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification to JOYRIDES by writing us at support@joyrideapp.com, ATTENTION: LEGAL DEPARTMENT/DMCA COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

8. LINKS TO THIRD PARTY SITES AND SERVICES; NO IMPLIED ENDORSEMENT.

This Platform contains links to other web sites owned by third parties, which may lead to some sites maintained by our advertisers. Please note that when you click on any of these links, you are entering another web Platform for which JOYRIDES has no responsibility or control. You agree that JOYRIDES shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

9. DISCLAIMER OF WARRANTY.

ACCESS TO THE SITE, THE SERVICES, THE MATERIALS, AND TECHNOLOGY AVAILABLE ON OR THROUGH THE PLATFORM OR DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOYRIDES AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER JOYRIDES NOR ITS LICENSORS WARRANT THAT ACCESS TO THE PLATFORM AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES JOYRIDES AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE PLATFORM OR THE SERVICES OR DOWNLOADED THEREFROM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE SERVICES AND YOUR RELIANCE UPON THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, THE SERVICES OR DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. FURTHER, JOYRIDES AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE PLATFORM OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE PLATFORM OR THE SERVICES OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE PLATFORM OR THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE PLATFORM OR THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER JOYRIDES NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM JOYRIDES OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT COMMERCIAL TRANSPORTATION SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN THOSE SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VULUNTARILY. FOR EXAMPLE, SOME COMMERCIAL TRANSPORTATION SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE COMMERCIAL TRANSPORTATION SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN COMMERCIAL TRANSPORTATION SERVICES.

10. LIMITATION OF LIABILITY.

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF JOYRIDES OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE JOYRIDES AND HOLD JOYRIDES AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

11. EXCLUSIVE REMEDY.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES, THE MATERIALS AND/OR THE TECHNOLOGY. UNDER NO CIRCUMSTANCES SHALL JOYRIDES, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS, ANY INFRINGEMENT BY THE MATERIALS, AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM, THE SERVICES OR ANY OF MATERIALS OR TECHNOLOGY AVAILABLE THEREON. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

12. TERMINATION/EXCLUSION.

We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Platform for any reason or for no reason whatsoever, including improper use of this Platform or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that JOYRIDES shall not be liable to you or any third party for any termination of your access to the Platform and/or to any Materials therein.

13. INDEMNIFICATION.

You agree to indemnify, hold harmless, and defend JOYRIDES and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Site, the Services or any of its Materials or technology, or any breach or violation of these Terms of Use by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

14. GOVERNING LAW; DISPUTE RESOLUTION.

You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver County, Colorado, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between JOYRIDES and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

15. MISCELLANEOUS.

A. You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to JOYRIDES as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that JOYRIDES shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by JOYRIDES in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

B. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.

C. A printed version of this Agreement and of any related Notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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