Last Modified: 05/19/22
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Sweet Ride Transportation, Inc., a Pennsylvania corporation located at 142 West Chocolate Ave., Hershey, PA 17033 ("Sweet Ride," "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://sweetridehershey.com/ and the Sweet Ride mobile application, including any content, functionality, and services offered on or through https://sweetridehershey.com/ and the Sweet Ride mobile application (the "Sweet Ride platform").
Please read the Terms of Use carefully before you start to use the Sweet Ride platform. By using the Sweet Ride platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://sweetridehershey.com/privacy-policyincorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sweet Ride platform.
This Sweet Ride platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Sweet Ride platform, you represent and warrant that you are of legal age to form a binding contract with Sweet Ride and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sweet Ride platform.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sweet Ride platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Sweet Ride Sweet Ride platformor mobile application.
Your continued use of the Sweet Ride platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Sweet Ride platform and Account Security
We reserve the right to withdraw or amend the Sweet Ride platform, and any service or material we provide on the Sweet Ride platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sweet Ride platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sweet Ride platform, or the entire Sweet Ride platform, to users, including registered users.
• Making all arrangements necessary for you to have access to the Sweet Ride platform.• Ensuring that all persons who access the Sweet Ride platform through your internet connection are aware of these Terms of Use and comply with them.To access the Sweet Ride platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sweet Ride platform that all the information you provide on the Sweet Ride platform is correct, current, and complete. You agree that all information you provide to register with Sweet Ride or otherwise, including, but not limited to, through the use of any interactive features on the Sweet Ride platform, is governed by our Privacy Policy https://sweetridehershey.com/privacy-policy,and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sweet Ride platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Sweet Ride platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Sweet Ride, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Sweet Ride platform for your personal, non-commercial use only (except for Advertisers using the Sweet Ride platform for advertising purposes, consistent with any and all other advertising agreements that may apply). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Sweet Ride platform, except as follows:
• Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.• You may store files that are automatically cached by your Web browser for display enhancement purposes.• You may print or download one copy of a reasonable number of pages of the Sweet Ride platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.• If we provide social media features with certain content, you may take such actions as are enabled by such features. • Modify copies of any materials from this site.• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.You must not access or use for any commercial purposes any part of the Sweet Ride platform or any services or materials available through the Sweet Ride platform, except in the case of Advertisers using the Sweet Ride platform for advertising purposes, consistent with any and all other advertising agreements that may apply.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sweet Ride platform in breach of the Terms of Use, your right to use the Sweet Ride platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sweet Ride platform or any content on the Sweet Ride platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sweet Ride platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Sweet Ride name, the terms, the Sweet Ride logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sweet Ride or its affiliates or licensors. You must not use such marks without the prior written permission of Sweet Ride. All other names, logos, product and service names, designs, and slogans on the Sweet Ride platform are the trademarks of their respective owners.
You may use the Sweet Ride platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sweet Ride platform:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.• To impersonate or attempt to impersonate Sweet Ride, a Sweet Ride employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sweet Ride platform, or which, as determined by us, may harm Sweet Ride or users of the Sweet Ride platform, or expose them to liability.Additionally, you agree not to:
• Use the Sweet Ride platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sweet Ride platform, including their ability to engage in real time activities through the Sweet Ride platform.• Use any robot, spider, or other automatic device, process, or means to access the Sweet Ride platform for any purpose, including monitoring or copying any of the material on the Sweet Ride platform.• Use any manual process to monitor or copy any of the material on the Sweet Ride platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.• Use any device, software, or routine that interferes with the proper working of the Sweet Ride platform.• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sweet Ride platform, the server on which the Sweet Ride platform is stored, or any server, computer, or database connected to the Sweet Ride platform. • Attack the Sweet Ride platform via a denial-of-service attack or a distributed denial-of-service attack.• Otherwise attempt to interfere with the proper working of the Sweet Ride platform.Expectations of Conduct The Sweet Ride platform is intended to provide a safe and enjoyable experience for its Riders, Drivers, and other parties. Everyone – Riders, Drivers, and other passengers alike – is therefore expected to conduct themselves appropriately and to always treat each other with respect and courtesy. Inappropriate behavior by any party will not be tolerated, and any person who fails to act with respect and courtesy towards others will be held accountable for their actions.Sweet Ride welcomes registered Riders to bring their friends and companions along with them as passengers on their trips. However, please note that Riders will also be held responsible for the conduct and actions of their travel companions.
The Sweet Ride platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews, and feedback on for Riders and Drivers, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Sweet Ride platform.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sweet Ride platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.• All of your User Contributions do and will comply with these Terms of Use.You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sweet Ride platform.
Monitoring and Enforcement; Termination
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sweet Ride platform or the public, or could create liability for Sweet Ride.• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sweet Ride platform. • Terminate or suspend your access to all or part of the Sweet Ride platform for any or no reason, including without limitation, any violation of these Terms of Use.Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sweet Ride platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Sweet Ride platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://sweetridehershey.com/privacy-policy• Be likely to deceive any person.• Promote any illegal activity, or advocate, promote, or assist any unlawful act.• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") or the Sweet Ride Platform infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
• Your physical or electronic signature.• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.• A statement that the information in the written notice is accurate.• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Our designated copyright agent to receive DMCA Notices is: Copyright Notice, Sweet Ride Transportation, Inc., 142 West Chocolate Ave., Hershey, PA 17033, 717-580-5406, legal@sweetridehershey.com.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The information presented on or through the Sweet Ride platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sweet Ride platform, or by anyone who may be informed of any of its contents.
This Sweet Ride platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Sweet Ride, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Sweet Ride Platform
We may update the content on the Sweet Ride website and mobile application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sweet Ride platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Sweet Ride platform
All information we collect on this Sweet Ride platform is subject to our Privacy Policy https://sweetridehershey.com/privacy-policy. By using the Sweet Ride platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Additional terms and conditions may also apply to specific portions, services, or features of the Sweet Ride platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
The following are additional terms and conditions that may apply to you based on the mobile device the Application is installed on:
iOS – Apple
• These terms are an agreement between you and us, and not with Apple. Apple is not responsible for the Application and the content thereof. We grant you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.• Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.• Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.• In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.• Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these terms against you.Windows – Microsoft
• These terms are an agreement between you and us, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.• You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.• Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.• Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.• You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.• To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.Android- Google
The following applies to any Apps you acquire from the Google Play Store ("Google-Sourced Software"):You acknowledge that these terms are between you and us only, and not with Google, Inc. ("Google");
• You acknowledge that these terms are between you and us only, and not with Google, Inc. ("Google");• Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;• Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;• We, and not Google, are solely responsible for the Google-Sourced Software;• Google has no obligation or liability to you with respect to Google-Sourced Software or these terms; and• You acknowledge and agree that Google is a third-party beneficiary to these terms as it relates to the Google-Sourced Software.Linking to the Sweet Ride platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Sweet Ride platform may provide certain social media features that enable you to:
• Link from your own or certain third-party Sweet Ride platforms to certain content on this Sweet Ride platform.• Send emails or other communications with certain content, or links to certain content, on this Sweet Ride platform.• Cause limited portions of content on this Sweet Ride platform to be displayed or appear to be displayed on your own or certain third-party Sweet Ride platforms.You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any Sweet Ride page or content that is not owned by you.• Cause the Sweet Ride platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.• Link to any part of the Sweet Ride platform other than the homepage.• Otherwise take any action with respect to the materials on the Sweet Ride platform that is inconsistent with any other provision of these Terms of Use.The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Sweet Ride Platform
If the Sweet Ride platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sweet Ride website or mobile application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Sweet Ride platform is based in the State of Pennsylvania in the United States. We provide this Sweet Ride platform for use only by persons located in the United States. We make no claims that the Sweet Ride platform or any of its content is accessible or appropriate outside of the United States. Access to the Sweet Ride platform may not be legal by certain persons or in certain countries. If you access the Sweet Ride platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sweet Ride platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SWEET RIDE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SWEET RIDE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SWEET RIDE PLATFORM LINKED TO IT.
YOUR USE OF THE SWEET RIDE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SWEET RIDE PLATFORM IS AT YOUR OWN RISK. THE SWEET RIDE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SWEET RIDE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SWEET RIDE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SWEET RIDE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SWEET RIDE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SWEET RIDE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SWEET RIDE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SWEET RIDE PLATFORM, WEBSITES LINKED TO IT, ANY CONTENT ON THE SWEET RIDE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Sweet Ride, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Sweet Ride platform, including, but not limited to, your User Contributions, any use of the Sweet Ride platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sweet Ride platform.
Governing Law and Jurisdiction
All matters relating to the Sweet Ride platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sweet Ride platform shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the City of Harrisburg and County of Dauphin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Sweet Ride platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applyingPennsylvania law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SWEET RIDE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Sweet Ride regarding the Sweet Ride platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sweet Ride platform.
This Sweet Ride platform is operated by Sweet Ride Transportation, Inc., located at 142 West Chocolate Ave., Hershey, PA 17033.
All other feedback, comments, requests for technical support, and other communications relating to the Sweet Ride platform should be directed to: legal@sweetridehershey.com
13