ELIGIBILITY FOR USER
In order to become a User, you must first provide DShofer with some information about yourself. DShofer, in its sole discretion, may deny or limit a User request or terminate a User for any reason including but not limited to; inappropriate behavior or language used by a User or a User guest during a trip, obscene gestures or language used by a User or one of User guests traveling with User, or anything that would cause a reasonable, sober individual to have concerns for their safety.
In order to become a User of DShofer, the User must not have any outstanding claims against their vehicle or road violations in effect which would result in the arrest of User and or DShofer driver using such vehicle. Please make sure that your vehicle is lawfully insured and safe to drive. You warrant that the information you provide to DShofer is accurate and complete. DShofer is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
USE OF SERVICES
DShofer is not a transportation carrier, it is an intermediary that connects Users to drivers (the “Shofer”). Prices that apply for the Services can be found on the Website and through the Application. These may be modified or updated by DShofer from time to time. It is your own responsibility to remain informed about the current prices for the Services. DShofer reserves the right to adjust, at any time, the prices for its services.
User understands that DShofer’s services may not be available when a User requires such service. In addition, User understands that on occasion, due to the nature of the service, it may take longer than anticipated for one of our drivers to get to your location. There may be occasions when a deviation from the original booking arrangements could occur due to unforeseen circumstances. In such cases, User agrees to hold DShofer and its employees and agents harmless for any situation or circumstances that may arise as a result of any such delay. Specifically, if we are late, please do not make the decision to drive while under the influence. Further, please refrain from doing anything that would create a liability for you.
All reservations are based on availability and it is recommended that reservations be made as early as possible. All reservations require a valid credit card and we process an authorization for the estimated price of the reservation.
DShofer’s services are based on pickup locations that we serve. These pickup locations we serve are defined by Zip Codes and we reserve the right to change the locations we serve without any prior notice. We also reserve the right to decline a reservation based on time of reservation, total ride distance, or safety concerns.
DShofer shall charge you for the Services provided to you by Shofer on behalf of the Shofer. You agree that you will pay for all Services you purchase and that DShofer may charge your credit card account as provided by you when requesting the Service (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing DShofer with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service and for any paid feature of the service for which you choose or use while this contract is in force using your payment method.
USER INSURANCE REQUIREMENTS
User understands that drivers provided by and through DShofer will not drive any automobile that does not fully comply with all of the applicable Federal and State laws, including but not limited to laws governing insurance, registration and safety equipment. User warrants that by their request to have one of DShofer drivers operate a vehicle in User possession and control, that said automobile is lawfully within User possession and control, and that said vehicle is in full compliance with all applicable Federal and State laws, including but not limited to any law governing insurance, registration and safety equipment. User further warrants that User and/or the vehicle in User’s possession and control is covered by an automobile insurance policy for public liability which satisfies the minimum automobile insurance requirements of the applicable State and insures User, the automobile in User possession and control and DShofer driver. User understands that in the event of an accident while being driven by one of DShofer drivers, whether or not a DShofer driver is at fault in such accident, User’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. User agrees to indemnify DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees against any and all claims made against DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees for any and all damages not paid for by User’s insurance coverage or insurer.
ASSUMPTION OF RISK
User is aware and acknowledges that the use of the services provided by DShofer involves an inherent risk of injury, death, and property damage to User and User guest and invitees. In addition to the inherent risks involved in the operation of an automobile in the possession and control of User on public and private roadways/property, User is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. User voluntarily agrees to assume all risks of injury, death, and property damage to User and any and all passengers of the automobile operated by DShofer and User waives any and all claims or actions that User may have against DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees
INTELLECTUAL PROPERTY OWNERSHIP
DShofer alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
RELEASE OF LIABILITY
USER BEARS SOLE RESPONSIBILITY FOR ANY LOSS.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, DShofer’s aggregate liability shall in no event exceed an amount of $500.
ACKNOWLEDGEMENT AND VOLUNTARY EXECUTION
INDEMNIFICATION BY USER
TIME FOR CLAIM
MODIFICATION AND TERMINATION
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. Please note that the Application may update automatically on your device once a new version or feature is available.
You are entitled to terminate the account at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service.
SUCCESSORS AND ASSIGNS