The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you (“you” or “the Driver”) and Corral Labs, Inc., a Delaware corporation, sometimes doing business as “Hitch” (collectively, “Corral")". In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below.
Corral provides its services (described below) to you through its website located at www.takehitch.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Driver Terms and Conditions (as amended from time to time, the “Terms and Conditions”). “Services” expressly does not include transportation services which are provided by third party drivers such as Driver. By using or receiving any services supplied to you by Corral, and downloading, installing or using any associated software supplied by Corral to use the Services (collectively, the "Software"), you expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at or through the Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE, ACCESS OR REGISTER FOR THE SERVICES AND DO NOT DOWNLOAD, INSTALL OR USE THE ASSOCIATED SOFTWARE.
Corral reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services or Software at any time, effective upon posting of an updated version of this Agreement on the Services or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Services or Software after any such changes shall constitute your consent to such changes. This Agreement may not be otherwise amended except in writing signed by you and Corral.
Services Description. The Service is designed to provide a communication platform to connect and match Users of the Service who are looking for a car ride (“Riders”) with Users of the Service who are offering to provide car rides (“Drivers”) (collectively, "Users"). WHILE CORRAL IS REGISTERED WITH THE CALIFORNIA PUBLIC UTILITIES COMMISSION (“CPUC”) AS A TRANSPORTATION NETWORK COMPANY (“TNC”), DRIVER UNDERSTANDS AND ACKNOWLEDGES THAT (1) CORRAL DOES NOT PROVIDE ACTUAL TRANSPORTATION SERVICES TO RIDERS, (2) CORRAL IS NOT A TRANSPORTATION CARRIER, AND (3) AS A TNC, CORRAL IS PROHIBITED FROM OWNING ANY VEHICLES. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE SERVICE, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SERVICE. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS CONNECTED THROUGH THE SERVICE IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. CORRAL OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT PROVIDE 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 OBTAINED BY ANY RIDER OR PROVIDED BY ANY DRIVER USING THE SERVICES.
Corral reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including fees charged) with or without notice. You agree that Corral will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Eligibility. The Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Users. By using Corral’s Site or the Services, you represent and warrant that you are at least 18 years old, and that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of your Corral account. You may not authorize others to use your user status, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of any password provided by you or Corral for accessing the Services. The Service is not available to any Users currently removed or suspended from the Service. When using the Software or Services you agree to comply with all applicable laws from the country, state, and city in which you are present while using the Software or Service. You are solely and fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Corral of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Corral has no control over the use of any User's account and expressly disclaims any liability derived therefrom.
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. Corral is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. Corral reserves the right to terminate this Agreement should you be using the Service or Software with an incompatible or unauthorized device.
General Practices Regarding Use and Storage. You acknowledge that Corral may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Corral’s servers on your behalf. You agree that Corral has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Corral reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Corral reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services. The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Corral and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Corral account information to ensure that your messages are not sent to the person that acquires your old number.
User Conduct. You are solely responsible for information, data, text, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Corral. Corral reserves the right to investigate and take appropriate legal action against anyone who, in Corral’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Commercial Use. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Prevailing Pricing. Driver understands and acknowledges that in order to successfully offer Driver’s transportation service to Riders, the Corral communication platform must advise Riders of the price that Driver will charge the Rider for the Transportation service (“Prevailing Price” or “Prevailing Pricing”). Driver agrees to charge Riders the Prevailing Price, which may vary by the number of passengers who consent to be transported with other riders and are transported to the final destination. Corral reserves the right to determine final Prevailing Pricing. Please note the pricing information published on the website may not reflect the Prevailing Pricing.
Fees. Any fees that Corral may charge to Driver with regard to the Software or Services, are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever.
Corral will facilitate all payments through Stripe, Inc., and will transfer funds to driver by Stripe, Inc. Corral will receive up to 20% of each payment of more than zero that any passenger makes to a driver as an administrative fee (“Corral Fee”). Corral, in its sole and absolute discretion, may change the Corral Fee.
In the event that a passenger cancels or withdraws a ride request on the Corral platform more than five (5) minutes after the ride request is accepted by a Driver, Corral will require the passenger to pay the Prevailing Price. Corral will not be directly responsible to Driver for any charges or fees in the event that a passenger cancels or withdraws a ride request on the Corral platform.
If a driver reports vehicle or other property damage to Corral following a ride in which a passenger was a party, Corral may, in its sole and absolute discretion, charge that passenger’s credit card a Damage Fee of $250 (“Damage Fee”) to cover the damage and shall cover the full payment for driver’s. This Damage Fee is paid to the driver less the Corral Fee. Corral may, in its sole and absolute discretion, verify or otherwise require documentation of damage prior to processing the Damage Fee.
Corral may, at its sole discretion, make promotional offers with different features and different rates to any Drivers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. These promotional offers shall not, under any circumstances, affect your status as a Driver. Corral may charge fees for our Services or Software as we deem necessary for our business. Corral encourages you to check back at our website periodically if you are interested about how we charge for the Service or Software.
Driver Status. By entering into this agreement, you represent that you are a Personal Driver and not a Commercial Driver. A Personal Driver is a driver operating his or her own personal vehicle to provide transportation to Riders. A Driver that provides transportation services to riders pursuant to his or her r own operating authority from the CPUC or from a city, county or city and county are Commercial Drivers is not an eligible Driver under this agreement. A Driver that holds such authority but is operating under the terms of this agreement will not be deemed to be operating under the scope of such authirty but, insterad solely under the terms mof this Agreement.
You acknowledge that you will not use the Software and Service in a commercial capacity. This means that you will not use the Software and Service to operate a charter party or common carrier service such as a taxicab service, other than as provided for in this agreement.
As a Driver, you shall not be an employee of Corral. You retain sole discretion with regard to the means and methods of any driving in which you engage while using the Services. You bear the sole responsibility for possessing all appropriate licenses and insurance, paying taxes and making any required withholdings, as well as compliance with applicable federal, state and local laws, rules, and regulations, including tax laws and regulations.
Driver Representations and Warranties. By using the Service, a Driver represents, warrants and agrees that:
CORRAL HAS A ZERO TOLERANCE POLICY FOR THE USE OF ALCOHOL, ILLEGAL SUBSTANCES, OR THE MISUSE OF PRESCRIPTION MEDICATIONS WHILE USING CORRAL’S SERVICES. Corral will suspend Services to the Driver and reserves the right to terminate this agreement after a zero-tolerance complaint is filed by a Rider.
YOU ARE PROHIBITED FROM MAKING ANY NEGATIVE RATING, CONDUCT OR SPEECH ON THE BASIS OF OR INFLUENCED BY GENDER, RACE, ETHNICITY, ABILITY, DISABILITY, SEXUAL ORIENTATION, AGE, LACK OF PAYMENT OR OTHER IMPERMISSIBLE CATEGORY UNDER APPLICABLE LAW. Corral will suspend Services to the Driver and reserves the right to terminate this agreement after a discrimination complaint is filed.
Corral will suspend the provision of its Services to Driver at any time and for any length of time and reserves the right to terminate this agreement in the following events: (1) the Driver is accused of hit and run driving, the use of a motor vehicle to commit a felony, driving under the influence of drugs and/or alcohol, or any other felony, including but not limited to fraud, sexual offenses, drug related offenses, crimes involving property damage, and/or theft, acts of violence, or acts of terror; (2) the Driver is accused of reckless driving or driving with a suspended or revoked license; (3) the Driver’s driving record exceeds a maximum of two points at any time during the term of this agreement; (4) a zero-tolerance policy complaint against the Driver is filed by a Rider; (5) a discrimination complaint against the Driver is filed; and/or (5) the Driver fails to provide information required by Corral to comply with its reporting duties before the California Public Utilities Commission.
This Agreement is effective upon your use of Corral’s Services, and any subsequent amendments to this Agreement will be effective upon the posting of an updated version of this Agreement on the Software or Services. You may terminate your participation in Corral’s Services at any time, for any reason, upon receipt by Corral of your written or email notice of termination. Either you or Corral may terminate your participation in Corral’s Software or Services by removing your information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, Corral will remove all of your information from its servers, though Corral may retain an archived copy of records Corral has about you as required by law or for legitimate business purposes. Corral maintains sole discretion to bar your use of the Services in the future, for any or no reason. Even after your participation in Corral’s Services is terminated, this Agreement will remain in effect.
Without limiting other remedies, Corral may terminate your participation, remove your information, warn the Corral community of your actions, issue a warning, and refuse to provide Services to you if: (1) you breach this Agreement or the documents it incorporates by reference; (2) Corral is unable to verify or authenticate any information you provide to Corral; (3) Corral believes that your actions may cause financial loss or legal liability for you, Corral’s users or Corral, or subject Corral or you or any other User to regulation by any state or local government or regulatory agency; or (4) Corral suspects that you have engaged in fraudulent activity in connection with the Corral’s Software or the Services.
CORRAL FACILITATES RIDES BETWEEN PASSENGERS AND PRIVATE DRIVERS USING THEIR OWN PERSONAL VEHICLES. CORRAL IS REQUIRED BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO MAINTAIN AN INSURANCE POLICY PROVIDING A MINIMUM OF $1,000,000 (ONE MILLION DOLLARS) PER-INCIDENT COVERAGE FOR INCIDENTS INVOLVING VEHICLES AND DRIVERS WHILE THEY ARE USING THE CORRAL SERVICES.
Corral procures an insurance policy that provides excess automobile liability insurance up to $1,000,000 per occurrence over a Driver's existing insurance while such Driver is transporting Rider(s) on a trip arranged through the Corral’s Services. The policy coverage is limited to bodily injury and property damage liability only and does not provide coverage for collision, comprehensive or wear and tear damage, or other damage to a Driver's vehicle. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions apply. Corral does not procure insurance for, nor is responsible for, personal belongings left in the car by Driver(s) or Rider(s).
THIS IS AN UNOFFICIAL SUMMARY OF CORRAL’S MASTER INSURANCE POLICY AND MAY NOT ALWAYS BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING AND ARE PROVIDED FOR QUICK REFERENCE ONLY.
Corral has no responsibility whatsoever for the actions or conduct of Drivers or Riders. Corral has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Riders, or third parties. Responsibility for the decisions you make regarding providing transportation rest solely with you. It is up to you to take reasonable precautions in all actions and interactions with any party you may interact with through use of the services. Corral may but has no responsibility to screen or otherwise evaluate potential Riders or Users. You understand and accept that Corral has no control over the identity or actions of the Riders and Drivers, and Corral requests that you exercise caution and good judgment when using the services. You hereby agree that your use of the Services is at your sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORRAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RIDES FACILITATED BY THE SERVICE. UNDER NO CIRCUMSTANCES WILL CORRAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORRAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (INCLUDING RIDES FACILITATED BY THE SERVICE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CORRAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID TO YOU BY CORRAL HEREUNDER OR $1,000.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CORRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Corral EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Corral MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (V) AS TO THE MANNER, PROFESSIONALISM, SECURITY OR FITNESS OF THE PERSONAL AND/OR COMMERCIAL DRIVERS.
The Service is not intended for and should not be used or relied on in the case of an emergency, while driving or operating vehicles, or in a manner where the failure or inaccuracy of the Service could lead directly to death, personal injury, or severe physical or property damage.
Corral cannot ensure the quality or safety of the transportation that occurs as a result of using the Service; nor do we have any control over the truth or accuracy of the Users’ information listed on the Corral platform. We cannot ensure that a Driver or Rider will actually complete an arranged service.
Service Content, Software and Trademarks. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Corral, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Corral, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Corral’s software. Any rights not expressly granted herein are reserved by Corral.
Corral’s name and logos, including but not limited to the name “Hitch” and its related logos, are trademarks and service marks of Corral (collectively the “Corral Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Corral. Nothing in these Terms and Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Corral’s Trademarks, without our prior written permission in each instance. All goodwill generated from the use of Corral’s Trademarks will inure to our exclusive benefit.
Corral alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. These Terms and Conditions are not a sale and do not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by Corral.
Third Party Material. Under no circumstances will Corral be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Corral does not have a duty to pre-screen content, but that Corral and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Corral and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by Corral, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service. With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Corral and its affiliated companies and/or designees a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Corral are non-confidential and Corral will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Corral may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Corral, its Users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Corral has no control over such sites and resources and Corral is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Corral will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Corral is not liable for any loss or claim that you may have against any such third party.
In addition, Corral is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Corral is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Corral enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to indemnify, hold harmless and defend Corral from any and all claims that you were misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that you were misclassified as an independent contractor (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Corral was your employer, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, disability compensation benefits, unemployment benefits, or any other employee benefits.
You and Corral are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Corral WILL NOT BE LIABLE FOR DELAY, FAILURE, OR INADEQUATE PERFORMANCE IN ITS SERVICES TO THE EXTENT CAUSED BY A CONDITION (FOR EXAMPLE, NATURAL DISASTER, ACT OF WAR OR TERRORISM, RIOT, LABOR CONDITION, GOVERNMENTAL ACTION, AND INTERNET DISTURBANCE) THAT WAS BEYOND Corral’s REASONABLE CONTROL.
For any dispute with Corral, you agree to first contact us and attempt to resolve the dispute with us informally. Any legal disputes or claims between Corral and you that cannot be resolved informally will be submitted to binding arbitration in California. The arbitration shall be conducted by JAMS, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the arbitrator’s rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that in no event shall any claim, action or proceeding by you related in any way to the Corral’s platform, these Terms and Conditions, and/or the Services (including your use of the Corral platform and/or the Services) be instituted more one (1) year after the cause of action arose.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Corral ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms and Conditions constitute the entire agreement between you and Corral. This agreement govern your use of the Service, superseding any prior agreements between you and Corral with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Corral agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Corral to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms and Conditions without the prior written consent of Corral, but Corral may assign or transfer these Terms and Conditions, in whole or in part, without restriction. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms and Conditions or other matters by displaying notices or links to notices generally on the Service. Notwithstanding the foregoing paragraph Coral may from time, in its sole discretion, with or without notice, provide incentive payments directly to drivers in an amount set by Corral in ints sole discretion; Corral may initiate or suspend such payments at any time, Corral may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Corral's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Corral's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Corral (such notice shall be deemed given when received by the Corral) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Corral at the following addresses (whichever is appropriate): 645 Harrison St. Suite #200, San Francisco, CA, 94107 addressed to the attention of: Chief Executive Officer.