TERMS OF SERVICE
The following terms of services (the “Agreement”) describes the terms and conditions on which Three Rivers Transportation, LLC d/b/a VIP Transport (“VIP”) grants access to and use of our website available at (the “Website”) and the related software, mobile applications (“the App”), feeds, and online services owned, controlled or offered by us (referred to collectively as the “Services”).
The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Services constitutes your agreement to be bound by such Terms. Please read these terms carefully, and keep a copy of them for your reference. In these terms, the words “include” and “including” mean “including, but not limited to”. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THREE RIVERS TRANSPORTION OPERATES UNDER THE AUTHORITY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION (“USDOT”) USDOT #2632350 AND PENNSYLVANIA PUBLIC UTILITY COMMISSION (“PUC”) CERTIFICATE NO. A-00119028, A-2015-2503569. THE WEBSITE AND MOBILE APPLICATION IS AN ADVANCED RESERVATION SERVICE WHICH PROVIDES TRANSPORTATION IN BETWEEN INDEPENDENT CONTRACTED DRIVER’S SCHEDULED TRIPS TO USERS WHO ARE UNABLE TO OWN OR OPERATE A VEHICLE AT THE TIME OF THE ADVANCED RESERVATION AND ARE IN NEED OF TRANSPORTATION. BY ACCESSING AND USING OUR SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU ARE A USER UNABLE TO OWN OR OPERATE A VEHICLE AT THE TIME OF SERVICE AS GRANTED BY LICENSE UNDER THE AUTHORITY OF THE PUC.
You agree that (i) you will use the Service solely in accordance with this Agreement, and (ii) all information supplied by you to us will be true, accurate, current and complete.
You acknowledge and agree that your use of the Services, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Services, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Services for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any local, state, or federal law or regulation.
You are responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
VIP does not guarantee the availability of the Services or Apps. You acknowledge and agree that the Services and Apps may be unavailable at any time for any reason, including but not limited to network interruptions, failures, errors or maintenance. Further the services may be subject to delays or limitations and other problems inherently found in cellular coverage, internet and electronic communications and VIP is not responsible for any delays, failures, damages, incidents, liabilities or losses resulting from such problems.
We retain the right at our sole discretion to deny or suspend access to the Services to anyone, at any time and for any reason, without liability. The Services may only be used by individuals who can form legally binding contracts under applicable law. Our Services are not permitted for use by any person under the age of 18. 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 the terms of this Agreement.
Supplemental agreements may apply to certain Services, (for example, independent contractor agreements, etc.) and such supplemental agreements are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable services. Supplemental agreements shall prevail over these terms in the event of a conflict with respect to the applicable services.
You will be required to submit personal information such as you name, address, phone number, age and a valid payment method. By using the Services, you are responsible for maintaining up-to-date information on your account, maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity and you may not authorize third parties to use your account. You acknowledge that VIP is not responsible for third party access to your account that results from theft or misappropriation of your account and VIP expressly disclaims any liability arising from the unauthorized use of your account. VIP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Accordingly, you agree that you will be responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or account, you agree to notify us immediately by using the contact information listed on our website.
VIP utilizes independent contractors to provide transportation to your account through our Services. Each Service provided by an independent contractor and you shall constitute a separate agreement between you and the independent contractor.
You may be asked to provide proof of identity when accessing and using the Services, and agree that you may be denied access to or use of the Services of your account if you refuse to provide such proof.
Use of the Services require data network access. Data and messaging rates and fees may apply.
Your device carrier’s normal messaging, data and other rates and fees will apply to all communications we send to your mobile device and to your access of the Services. Your carrier may prohibit or restrict certain capabilities of the Services, and certain capabilities of the Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. Wireless service is not available in all areas. Not all devices are supported.
In connection with your account, and your use of the Services, you may be able to upload or provide photos, and other materials or information (“User Content”). You agree that you will not upload or provide any User Content unless you have created that content yourself or you have permission from the content owner to do so.
You grant us, our affiliates and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your User Content throughout the world in any media in order to provide and promote the Services and VIP’s business. You retain all rights in your User Content, subject to the rights granted to VIP in this Agreement. You may modify or remove your User Content via your account or by terminating your account, but your User Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You agree not to upload or provide User Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with VIP or its partners’ products and services, as determined by VIP in its sole discretion; or (f) in VIP’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose VIP, its affiliates, its customers, vendors, contractor’s or third party’s to harm or liability of any nature.
Charges may vary based on the type of Services you request. You agree that payments are due immediately following the completion of transportation. Charges include posted fees plus any tips that you may elect to include. Charges are processed through a third-party processing service without notice to you to your authorized payment method. All charges are final and non-refundable and this no-refund policy shall apply at all times, regardless of any disruption to the mobile application or services, your termination of usage, or for any reason whatsoever, unless otherwise determined by VIP. You understand and agree that you are responsible to maintain accurate, complete, and up-to-date payment information in your account and failure to do so, including having an invalid or expired payment method, may result in your inability to use the VIP Services.
VIP may seek authorization of your provided payment method at the addition of a new payment method or a transportation request. An authorization hold ensures the necessary funds are available to complete the transaction by temporarily decreasing your available credit or available bank account funds. Should the amount of authorization exceed your available funds you may be subject to overdraft or insufficient fund charges by your issuing bank. VIP is not responsible for overdraft or insufficient fund charges and are unable to assist you in recovering such charges.
Transportation fees consist of a base rate and incremental per mile and per minute rates. Fares are posted on the website www.rideviponline.com at all times.
Cancellations made on advanced reservations initiated through the advanced reservation app once driver has commenced travel to the passenger point of pick up will incur a $5.00 cancellation fee.
DAMAGE AND CLEANING FEES
If during the use of Services, you have materially damaged a contractor’s vehicle or left it in excess of normal wear and tear requiring a necessary cleaning, VIP reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the contractor utilizing the payment method designated in your account. VIP reserves the right (but is not obligated) to verify or otherwise require documentation for damages prior to processing the Damage and Cleaning Fee. Such amounts will be transferred to the applicable contractor and are non-refundable.
VIP will charge an Advanced Reservation APP Fee related to operational costs of running the mobile platform with the Services.
MINIMUM FARE CHARGE
There is a minimum transportation fare of $5.00 for sedans, and $7.00 for SUV’s.
Tolls and parking charges may apply to your transportation services. Where applicable you are responsible for such charges.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used for the Services and on the Site, is the property of VIP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist) including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, all data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Service are owned by us (or our licensors).
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to Content or contained within the Service.
You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Services and on the Site. VIP content is not for resale. Your use of the Services and Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of VIP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of VIP or our licensors except as expressly authorized by these Terms.
ADVANCED RESERVATION REQUIREMENT
Advanced reservations must be made thirty (30) minutes prior to the service being rendered. Reservations made under thirty (30) minutes will be accepted at the discretion of VIP.
RESTRICTIONS ON USE OF SERVICES
You represent, warrant, and agree that you will not:
(i) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties;
(ii) use the Service for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
(iii) attempt to gain unauthorized access to or impair any aspect of the Services, systems or networks and/or permit or otherwise enable unauthorized users to access and/or use the password-protected portions of the Service;
(iv) use the Services to export data in violation of applicable U.S. laws or regulations;
(v) sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Services, or otherwise permit any third party to use or have access to the Services for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Services;
(vi) remove any copyright, trademark, patent or other proprietary notices from the Services;
(vii) distribute, publish, exhibit, or otherwise use the Services, in any manner and for any purpose not expressly permitted under this Agreement;
(viii) link to, mirror, frame or utilize framing techniques to enclose the Services, or any portion thereof;
(ix) exploit the Services or collect any data incorporated in the Services in any automated manner through the use of bots, metaspiders, crawlers or any other automated means or cause or launch any programs or scripts for the purposes of scraping, indexing, surveying, or datamining any portion of the services;
(x) register as a user of the Services by providing false, inaccurate, or misleading information;
(xi) use the Services to post hyperlinks to commercial services or websites;
(xii) use the Services to impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xiii) collect personal data about other users of the Services for commercial or any other purposes;
(xiv) submit or post irrelevant Content (as defined in Section 7 below), repeatedly submit or post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(xv) attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services (or the servers and networks which are connected to the Services);
(xvi) make available Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing; or
(xvii) create or attempt to create multiple user accounts on the Services.
You agree to indemnify, defend and hold harmless Three Rivers Transportation, its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use or misuse of, or reliance upon the Services obtained through your use of the Services; your breach or violations of the these terms, VIP’s, use of your User information and Content; your violation of the rights of any third party or third party provider, or your violation of any applicable laws, rules or regulations. VIP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VIP in asserting any available defenses. For the avoidance of doubt, this section shall survive the termination of this Agreement.
THE SERIVCES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. VIP MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT PROVIDED IN THESE TERMS ABOUT THE SUITABILITY, RELIABILITY, QUALITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES, INCLUDING IMPLIED WARRANTIED OF MERCHANTABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES PROVIDED ARE “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BY USING THESE SERVICES, YOU ACKNOWLEDGE THAT VIP UTILIZES INDEPENDENT CONTRACTORS TO PROVIDE TRANSPORTATION AND AGREE THAT VIP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO SUCH TRANSPORTION SERVICES PROVIDED BY INDEPENDENT CONTRACTORS OTHER THAN EXPRESSLY SET FORTH IN THESE TERMS. YOU ACKNOWLEDGE THAT INDEPENDENT CONTRACTORS OFFERING TRANSPORTATION SERVICES MAY OFFER SERVICES THAT ARE NOT PROFESSIONALLY LICENSED OR PERMITTED BY VIP. IN NO EVENT SHALL VIP’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERFVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $500.00 (FIVE HUNDRED DOLLARS).
YOU MAY USE VIP’S SERVICES TO RESERVE TRANSPORTATION BUT AGREE THAT VIP HAS NO LIABILITY OR RESPONSIBILITY TO YOU RELATED TO TRANSPORTATION PROVIDED BY AN INDEPENDENT CONTRACTOR OTHER THAN EXPRESSLY SET FORTH HEREIN.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
VIP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and VIP as a result of this agreement or use of the Site. Three Rivers Transportation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Three Rivers Transportation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by VIP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VIP with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VIP with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
You and VIP agree that any legal disputes or claims arising out of or related to the Agreement including but not limited to the use of Services, a breach, termination, the interpretation, enforceability, revocability or validity of this Agreement, or the arbitrability of any dispute, that cannot be resolved informally, shall be submitted to binding arbitration in the State of Pennsylvania. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) or as mutually agreed by you and VIP. By using the services, you agree that any claim, action or proceeding must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and mot not otherwise preside over any form of a representative, collective or class proceeding. You acknowledge and agree that you are waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding. Each party retains to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
By becoming a user, you consent to receive electronic communications, including but not limited to, e-mails, text messages, calls and push notifications to cellular devices. You agree that VIP may send you SMS text messages as part of the operation of the Services. You may opt out of SMS text messages and agree and understand that opting out may impact the use of Services.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of VIP and VIP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VIP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VIP of the site or any association with its operators.
Certain services made available be delivered by third party sites and organizations. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that VIP may share such information and data with any third party with whom VIP has a contractual relationship to provide the requested product, service or functionality on behalf of VIP users and customers.
CHANGES TO TERMS
VIP reserves the right, in its sole discretion, to change, amend and/or modify this Agreement, in whole or in part, at any time. The most current version of the Terms will supersede all previous versions and be effective upon posting of such Terms on our website. VIP encourages you to periodically review the Terms to stay informed of our updates. IF ANY OF THE TERMS OF THIS AGREEMENT ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU TO BE BOUND BY SUCH CHANGES.
For issues regarding our Services, it is recommended that you first contact our Customer Service by email at firstname.lastname@example.org
Except as explicitly stated otherwise, any notices or claims to VIP shall be given via certified mail, postage prepaid and return receipt requested to:
Three Rivers Transportation, LLC d/b/a VIP Transport
6 Market Square
Pittsburgh, Pennsylvania 15222
For unresolved complaints you may contact the Pennsylvania Public Utility Commission at (800) 782-1110 or at www.state.pa.us. Include Three Rivers Transportation T/A VIP Transport PUC # A-00119028, A-2015-2503569 in your correspondence.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Nothing herein shall make either Party the agent of the other for any purpose whatsoever. The Parties are independent of each other and nothing contained herein shall be construed as creating any agency, employment relationship, partnership, principal-agent or other form of joint enterprise between the parties.
This Agreement shall be governed by the law of the State of Pennsylvania, County of Allegheny without regard to choice of law principals. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall be enforced.
Effective as of February 5, 2016