If you are 18 or older, Ridesurfing grants you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access Ridesurfing in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from Ridesurfing, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/ sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

YOUR SAFETY AND SECURITY ARE VERY IMPORTANT TO US. THE NATURE OF THIS WEBSITE PROMOTES THE SHARING OF PERSONAL INFORMATION BY USERS WITH OTHER USERS. Ridesurfing CANNOT AND DOES NOT ASSURE THAT IT IS SAFE FOR YOU TO HAVE DIRECT CONTACT WITH OTHER USERS OF THIS WEBSITE.

Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via The Feedback Form so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.

Ridesurfing STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OFTHIS WEBSITE. Ridesurfing DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ITS USERS, USER PROVIDED DATA AND ANY INFORMATION PROVIDED BY THIRD PARTY API’S (FACEBOOK, GOOGLE PLUS ETC…). Ridesurfing ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS (i.e. USERS AND PROVIDERS OF RIDES AND SERVICES) OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS, MEMBER-PROVIDED DATA AND ANY INFORMATION PROVIDED BY THIRD PARTY API’S (FACEBOOK, GOOGLE PLUS ETC...) BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. YOUR ACCEPTANCE OF THESE TERMS OF USE INCLUDES YOUR CONSENT TO SUCH BACKGROUND CHECK. YOU REPRESENT THAT YOU HAVE NEVER BEEN CONVICTED OF A FELONY AND THAT YOU ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY.

By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express prior consent of the user that has provided such information to you.

IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS WEBSITE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS WEBSITE IN VIOLATION OF THESE TERMS OF USE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER. YOU AGREE THAT Ridesurfing IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE WEBSITE AND IS NOT LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE.

USE.You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with Ridesurfing, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users personal and/or contact information ("PI") unless otherwise provided by such user.

MODERATION.You agree we may moderate Ridesurfing access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

The Site, Application and Services are intended to be used and can be used for ride-sharing; that is, to facilitate the posting and booking of rides for drivers and passengers to join each other in a designated vehicle and travel together on various trips, commutes or excursions of limited duration to the confirmed final destination stated on the posting (“Ride(s)”). Available Rides are included in Postings (i.e. an electronic mail message sent to a bulletin board, website, etc, and intended for access by every user) (“Posting(s)”) on the Site, Application and Services by Drivers. You may view Postings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Ride or create a Posting, you must first register to create a Ridesurfing Account (defined below)

As stated above, Ridesurfing makes available an online platform or marketplace with related technology for Ridesurfers (Passengers) and Drivers to meet online and arrange for bookings of Rides directly with each other. Ridesurfing is not an owner or operator of vehicles, including, but not limited to, cars, trucks, motorcycles, tractor trailers (SemiTrucks), boats, planes, other means of transportation or Rides, nor is it a provider of Accommodations of any kind, including, but not limited to, cars, trucks, motorcycles, tractor trailers (SemiTrucks), boats, planes, other means of transportation or Accommodations and Ridesurfing does not own, sell, resell, provide, lease, manage and/or control Accommodations, including, but not limited to, cars, trucks, motorcycles, tractor trailers (SemiTrucks), boats, planes, other means of transportation or travel services. UNLESS EXPLICITLY SPECIFIED OTHERWISE IN THE Ridesurfing PLATFORM, Ridesurfing's RESPONSIBILITIES ARE LIMITED TO: (I) FACILITATING THE AVAILABILITY OF THE SITE, APPLICATION AND SERVICES AND (II) SERVING AS THE LIMITED PAYMENT COLLECTION AGENT OF EACH DRIVER FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM Ridesurfers ON BEHALF OF THE DRIVER.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE DRIVERS AND Ridesurfers CONNECTING AND BOOKING RIDES DIRECTLY WITH EACH OTHER. Ridesurfing CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY POSTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RIDES. Ridesurfing IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TOANY AND ALL POSTINGS AND RIDES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

In order to access certain features of the Site and Application, and to book an Accommodation or create a Posting, you must register to create an account ("Ridesurfing Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Ridesurfing Account with Third-Party Accounts, by either: (i) providing your Third- Party Account login information to Ridesurfing through the Site, Services or Application; or (ii) allowing Ridesurfing to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Ridesurfing and/or grant Ridesurfing access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Ridesurfing to pay any fees or making Ridesurfing subject to any usage limitations imposed by such third-party service providers. By granting Ridesurfing access to any Third-Party Accounts, you understand that Ridesurfing will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Ridesurfing Account and Ridesurfing Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Ridesurfing Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Ridesurfing’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD- PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Ridesurfing MAKES NO EFFORT TO REVIEW ANY SNS CONTENT FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO FOR ACCURACY, LEGALITY, VETTING OR NON-INFRINGEMENT AND Ridesurfing IS NOT RESPONSIBLE FOR ANY SNS CONTENT.

Your Ridesurfing Account and your Ridesurfing Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Ridesurfing Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Ridesurfing reserves the right to suspend or terminate your Ridesurfing Account and your access to the Site, Application and Services if you create more than one (1) Ridesurfing Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Ridesurfing Account, whether or not you have authorized such activities or actions. You will immediately notify Ridesurfing of any unauthorized use of your Ridesurfing Account.

As a Member, you may create Postings. To create a Posting, you will be asked a variety of questions about the Ride to be listed, including, but not limited to, the start and ending locations of travel, capacity, expected travel time, features, and availability of the Ride and pricing and related rules and financial terms. In order to be featured in Postings via the Site, Application and Services. Postings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Ride via the Site, Application and Services based upon the information provided in your Posting. You understand and agree that once a Ridesurfer requests a booking of your Ride, you may not request the Ridesurfer to pay a higher price than in the booking request.

You acknowledge and agree that you alone are responsible for any and all Postings and Member Content you post. Accordingly, you represent and warrant that any Posting you post and the booking of, or a Ridesurfer’s commute to the listed destination on the post (i) will not breach any agreements you have entered into with any third parties, such as a lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as vehicle insurance laws and laws governing rental vehicles), Tax requirements, and rules and regulations that may apply to any Ride included in a Posting you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Ridesurfing assumes no responsibility for a Driver’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Ridesurfing reserves the right, at any time and without prior notice, to remove or disable access to any Posting for any reason, including Postings that Ridesurfing, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Ridesurfing’s then-current Policies and Community Guidelines, or otherwise harmful to the Site, Application or Services.

If you are a Driver, you understand and agree that Ridesurfing does not act as an insurer or as your contracting agent. If a Ridesurfer requests a booking of your Ride and travels using your Ride, any agreement you enter into with such Ridesurfer is between you and the Ridesurfer and Ridesurfing is not a party to it. Notwithstanding the foregoing, Ridesurfing Payment Processing third party vendors serve as the limited authorized payment collection agent of the Driver for the purpose of accepting, on behalf of the Driver, payments from Ridesurfers of such amounts stipulated by the Driver (including transportation fees and/or Taxes).

When you create a Posting, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Ride, such as requiring Members to have a profile picture, verified phone number or meet specific travel preferences such as non- smoking, no pets allowed or kid friendly, in order to book your Ride. Any Member wishing to book Ride included in Postings with such requirements must meet these requirements.

If you are a Driver, Ridesurfing makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Ride. You acknowledge and agree that, as a Driver, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals you travel with or are otherwise present during the Ride at your request or invitation, excluding the Ridesurfer (and the individuals the Ridesurfer invites to the Ride, if applicable)

Ridesurfing recommends that Drivers obtain appropriate insurance for their Rides. Please review any insurance policy that you may have for your Ride carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Ridesurfers (and if the Ridesurfer is covered on your auto insurance if the Ridesurfer helps with driving, if applicable) while on travel with you.

You agree that you alone are responsible for ensuring that your profile and vehicle images on your Posting are accurately represented. You warrant that you will cease to use the images if such images cease to accurately represent your Posting. You agree that Ridesurfing may use these images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Posting or otherwise, without further notice or compensation.

Ridesurfing does not endorse any Member or any Ride. Members are required by these Terms to provide accurate information, and although Ridesurfing may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Ridesurfing about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to travel with a Driver or to accept a booking request from a Ridesurfer, or to have any other interaction with any other Member. Ridesurfing is not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Ridesurfing with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Postings made by you. This limitation shall not apply to any claim by a Driver against Ridesurfing regarding the remittance of payments received from a Ridesurfer by Ridesurfing on behalf of a Driver, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

Key definitions

"Ride Fees" means the amounts that are due and payable by a Ridesurfer in exchange for that Ridesurfer’s travel in such Ride. The Driver alone, and not Ridesurfing, is responsible for the Ride Fees for his or her Posting. The Driver may in his or her sole discretion decide to include in these amounts (i) Taxes that the Driver determines that he or she has to collect.
"Ridesurfer Fees" means the fee that Ridesurfing charges a Ridesurfer for the use of the Services, which is calculated as a percentage of the applicable Ride Fees. The Ridesurfer Fees will be displayed to the Ridesurfer when the Ridesurfer is asked whether to send a booking request to a Driver.
"Driver Fees" means the fee that Ridesurfing charges a Driver for the use of the Services, which is calculated as a percentage of the applicable Ride Fees. The Driver Fees will be displayed to the Driver when the Driver is asked whether to confirm or reject a booking request from a prospective Ridesurfer.
"Services" means the Ride, Driver, other Ridesurfers, and any other information or materials provided by Ridesurfing separate from and in addition to the online marketplace and platform and the access, use and benefits of Ridesurfing website.
"Service Fees" means collectively the Ridesurfer Fees and the Driver Fees.
"Total Fees" means collectively the Ride Fees and the Ridesurfer Fees plus any Taxes.

Bookings and Financial Terms for Drivers

If you are a Driver and a booking is requested for your Ride via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Ridesurfer who has requested the booking, (ii) a link to the Ridesurfer’s Ridesurfing Account profile page, (iii) if the Ridesurfer and Driver have both connected their Ridesurfing accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Ridesurfer on such SNS, and (iv) an indication of whether or not the Ridesurfer has provided other information to Ridesurfing, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amount collected by Ridesurfing for the requested booking will be refunded to the applicable Ridesurfer’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Ridesurfer, Ridesurfing will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Ridesurfing’s third party Payment Processors will collect the Total Fees at the time of booking confirmation (i.e. when the Driver confirms the booking request) and will initiate payment of the Ride Fees (less Ridesurfing’s Driver Fees and any Taxes in respect of the Driver Fees, such as VAT in Europe) to the Driver within 24 hours of when the Ridesurfer arrives at the applicable Ride (except to the extent that a refund is due to the Ridesurfer). The time it takes for the Driver to receive payouts may depend upon the payout method chosen by the Driver. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Driver, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount via Ridesurfing’s third party Payment Processors to Ridesurfing (whether as a result of your bookings or actions as a Ridesurfer or otherwise), then Ridesurfing Payment Processing third party vendor may (but is not obliged to) withhold the amount owing to Ridesurfing from any payout amounts due to you as a Driver, and use the withheld amount to setoff the amount owed by you to Ridesurfing. If Ridesurfing Payment Processing third party vendor does so, then your obligation to pay Breeae will be extinguished to the extent of the amount withheld by Ridesurfing’s third party Payment Processors and Ridesurfing will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Ridesurfing by you. Such communication may be made by Ridesurfing or by anyone on its behalf, including but not limited to a third party collection agent.

Each Driver hereby appoints Ridesurfing’s third party Payment Processors as the Driver’s limited payment collection agent solely for the purpose of accepting the Ride Fees from Ridesurfers.

Each Driver agrees that payment made by a Ridesurfer through Ridesurfing’s third party Payment Processors, shall be considered the same as a payment made directly to the Driver, and the Driver will make the Ride available to the Ridesurfer in the agreed-upon manner as if the Driver has received the Ride Fees. Each Driver agrees that Ridesurfing may, in accordance with the cancellation policy selected by the Driver and reflected in the relevant Posting, (i) permit the Ridesurfer to cancel the booking and (ii) refund (via Ridesurfing’s third party Payment Processors) to the Ridesurfer that portion of the Ride Fees specified in the applicable cancellation policy. Each Driver understands that as Ridesurfing’s third party Payment Processors accepts payments from Ridesurfers as the Driver’s limited payment collection agent and that Ridesurfing’s third party Payment Processors obligation to pay the Driver is subject to and conditional upon successful receipt of the associated payments from Ridesurfers. Ridesurfing does not guarantee payments to Driver for amounts that have not been successfully received by Ridesurfing’s third party Payment Processors from Ridesurfers. In accepting appointment as the limited authorized agent of the Driver, Ridesurfing’s third party Payment Processors assumes no liability for any acts or omissions of the Driver.

Please note that Ridesurfing does not currently charge fees for the creation of Postings. However, you as a Driver acknowledge and agree that Ridesurfing reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Postings. Please note that Ridesurfing will provide notice of any Posting fee collection via the Site, Application and Services, prior to implementing such a Posting fee feature.

The Drivers, not Ridesurfing, are solely responsible for honoring any confirmed bookings and making available any Rides reserved through the Site, Application and Services. If you, as a Ridesurfer, choose to enter into a transaction with a Driver for the booking of an Ride, you agree and understand that you will be required to enter into an agreement with the Driver and you agree to accept any terms, conditions, rules and restrictions associated with such Ride imposed by the Driver. You acknowledge and agree that you, and not Ridesurfing, will be responsible for performing the obligations of any such agreements, that Ridesurfing is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Ridesurfing disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Ridesurfing is not a party to the agreement between you and the Driver, Ridesurfing’s third party Payment Processors acts as the Driver’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Driver. Upon your payment of the Total Fees to Ridesurfing’s third party Payment Processors, your payment obligation to the Driver for the Ride Fees is extinguished, and Ridesurfing’s third party Payment Processors is responsible for remitting the Ride Fees (less the Driver Fees and any Taxes in respect of the Driver Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Ridesurfing’s third party Payment Processors does not remit any such amounts as described in these Terms, such Driver will have recourse only against such Ridesurfing entity.

The Total Fees payable will be displayed to a Ridesurfer before the Ridesurfer sends a booking request to a Driver. As noted above, the Driver is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Driver), any amounts collected by Ridesurfing’s third party Payment Processors will be refunded to such Ridesurfer, depending on the selections the Ridesurfer makes via the Site and Application, and any pre- authorization of such Ridesurfer’s credit card will be released, if applicable.

You as a Ridesurfer agree to pay Ridesurfing for the Total Fees for any booking requested in connection with your Ridesurfing Account if such requested bookings are confirmed by the applicable Driver. In order to establish a booking pending the applicable Driver’s confirmation of your requested booking, you understand and agree that Ridesurfing’s third party Payment Processors, on behalf of the Driver, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Ridesurfing’s third party Payment Processors will collect the Total Fees due once Ridesurfing receives confirmation of your booking from the applicable Driver; if necessary, Total Fees may instead be collected at a later point. Please note that Ridesurfing cannot control any fees that may be charged to a Ridesurfer by his or her bank related to Ridesurfing’s collection of the Total Fees, and Ridesurfing disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information to Ridesurfing’s third-party payment processor(s). You agree to pay Ridesurfing for any confirmed bookings made in connection with your Ridesurfing Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Ridesurfing to charge your credit card in the event of damage caused at an Ride as contemplated under "Damage to Rides" below and for Security Deposits, if applicable. If you are directed to Ridesurfings’ third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Driver may choose to include security deposits in their Postings ("Security Deposits"). Each Posting will describe whether a Security Deposit is required for the applicable Ride. If a Security Deposit is included in a Posting for a confirmed booking of an Ride, and a Driver makes a claim against such Security Deposit, Ridesurfing’s third party payment processor(s) will, in its capacity as the payment collection agent of the Driver, use its commercially reasonable efforts to charge the Ridesurfer’s payment method in the amount of the Security Deposit, within a reasonable period of time after the Ridesurfer’s travels from the Driver’s Ride. Ridesurfing will also use its commercially reasonable efforts to address Driver’s requests and claims related to Security Deposits, but Ridesurfing is not responsible for administering or accepting any claims by Drivers related to Security Deposits, and disclaims any and all liability in this regard.

In consideration for the use of Ridesurfing’s online marketplace and platform, Ridesurfing charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Driver Fees and Ridesurfer Fees. Ridesurfing third-party processor(s) deducts the Driver Fees from the Ride Fees before remitting the balance to the Driver as described in these Terms. Ridesurfer Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Ridesurfing’s third-party payment processor(s) to Drivers via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the Driver’s currency of choice, depending upon the selections the Driver makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.

Please note that Ridesurfing third-party payment processor(s), may impose or deduct foreign currency processing costs on or from any payments or payouts by Ridesurfing in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application in the About Us Page. Except as otherwise provided herein, Service Fees are non-refundable.

If, as a Ridesurfer, you cancel your requested booking before the requested booking is confirmed by a Driver, Ridesurfing Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Ridesurfer, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Ride, the cancellation policy of the Driver contained in the applicable Posting will apply to such cancellation. Our ability to refund the Ride Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application in the “About Us” page

If a Driver cancels a confirmed booking made via the Site, Services, and Application, (i) Ridesurfing’s third-party payment processor(s) will refund the Total Fees for such booking to the applicable Ridesurfer within a commercially reasonable time of the cancellation and (ii) the Ridesurfer will receive an email or other communication from Ridesurfing containing alternative Postings and other related information. If the Ridesurfer requests a booking from one of the alternative Postings and the Driver associated with such alternative Posting confirms the Ridesurfer’s requested booking, then the Ridesurfer agrees to pay Ridesurfing the Total Fees relating to the confirmed booking for the Ride in the alternative Posting, in accordance with these Terms. If a Driver cancelled a confirmed booking and you, as a Ridesurfer, have not received an email or other communication from Ridesurfing, please contact Ridesurfing.

If, as a Driver, you cancel a confirmed booking, you agree that Ridesurfing may apply penalties or consequences to you or your Posting, including (i) publishing an automated review on your Posting indicating that a reservation was cancelled, (ii) keeping the calendar for your Posting unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Ridesurfing Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Ridesurfing may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in Ridesurfing’s Extenuating Circumstances policy or for any other reason. Ridesurfing third-party payment processors may also determine, in its sole discretion, to refund to the Ridesurfer part or all of the amounts charged to the Ridesurfer in accordance with the Ridesurfer Refund Policy. You agree that Ridesurfing and the relevant Ridesurfer or Passenger will not have any liability for such cancellations or refunds.

If, as a Driver, your Ridesurfer cancels a confirmed booking or Ridesurfing decides that it is necessary to cancel a confirmed booking, and Ridesurfing issues a refund to the Ridesurfer in accordance with the Ridesurfer Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Ridesurfing shall be entitled to recover the amount of any such Ridesurfer refund from you, including by subtracting such refund amount out from any future Ride Fees due to you.

In some instances, Ridesurfers may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her Ride (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Ridesurfer authorizes Ridesurfing Payments, on behalf of the Driver, to collect the Total Fees and the Driver agrees that such Ridesurfing entity will initiate payouts to the Driver, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services.

Ridesurfing may, in its sole discretion, round up or round down amounts that are payable from or to Ridesurfers or Drivers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Ridesurfing will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, Ridesurfing may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Ridesurfing to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

You as a Driver understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Postings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Ridesurfing cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Driver, Ridesurfing may issue a valid VAT invoice to such Driver.

As a Ridesurfer, you are responsible for leaving the Ride vehicle or means of transportation (“Ride Vehicle”) in the condition it was in at the beginning of your trip. You acknowledge and agree that, as a Ridesurfer, you are responsible for your own acts and omissions. In the event that a Driver claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of the damages. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Ridesurfing Account. Ridesurfing also reserves the right to charge the credit card on file in your Ridesurfing Account, or otherwise collect payment from you and pursue any avenues available to Ridesurfing in this regard, including using Security Deposits, in situations in which you have been determined, in Ridesurfing's sole discretion, to have damaged any Ride, including, but not limited to, in relation to any payment requests made by Drivers under the Ridesurfing Driver Guarantee, and in relation to any payments made by Ridesurfing to Drivers. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Ride to the applicable Driver or to Ridesurfing (if applicable). Both Ridesurfers and Drivers agree to cooperate with and assist Ridesurfing in good faith, and to provide Ridesurfing with such information and take such actions as may be reasonably requested by Ridesurfing, in connection with any complaints or claims made by Members relating to Rides or any personal or other property located at an Ride (including, without limitation, payment requests made under the Ridesurfing Driver Guarantee) or with respect to any investigation undertaken by Ridesurfing or a representative of Ridesurfing regarding use or abuse of the Site, Application or the Services. If you are a Ridesurfer, upon Ridesurfing's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Driver, at no cost to you, which process will be conducted by Ridesurfing or a third party selected by Ridesurfing or its insurer, with respect to losses for which the Driver is requesting payment from Ridesurfing under the Ridesurfing Driver Guarantee.

If you are a Ridesurfer, you understand and agree that Ridesurfing may make a claim under your auto insurance policy related to any damage or loss that you may have caused or been responsible for or to an Ride or any personal or other property located at an Ride (including without limitation amounts paid by Ridesurfing under the Ridesurfing Driver Guarantee). You agree to cooperate with and assist Ridesurfing in good faith, and to provide Ridesurfing with such information as may be reasonably requested by Ridesurfing, in order to make a claim under your auto insurance policy, including, but not limited to, executing documents and taking such further acts as Ridesurfing may reasonably request to assist Ridesurfing in accomplishing the foregoing.

Ridesurfers agree that a confirmed reservation is merely a license granted by the Driver to the Ridesurfer to enter and ride with the Driver for a limited duration of the confirmed final destination on the posting and in accordance with the Ridesurfer's agreement with the Driver. Ridesurfers further agree to leave the Ride no later than the checkout time that the Driver specifies in the Posting or such other time as mutually agreed upon between the Driver and Ridesurfer. If a Ridesurfer stays past the agreed upon confirmation or such other time as mutually agreed upon between the Driver and Ridesurfer without the Driver's consent, they no longer have a license to stay in the Ride and the Driver is entitled to make the Ridesurfer leave. In addition, Ridesurfers agree that the Driver can charge the Ridesurfer, for each one hour period that the Ridesurfer stays over the agreed period without the Ridesurfers consent, an additional trips fee of two times the average distance Ride Fee originally paid by the Ridesurfer to cover the inconvenience suffered by the Driver, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Driver to make the Ridesurfer leave (collectively, "Additional Sums"). Ridesurfers agree that Ridesurfing third-party payment processor(s), in its role as limited collection agent for the Driver, shall charge the Ridesurfer's credit card or other payment methods it has on file to collect these Additional Sums. In addition, Ridesurfing third-party payment processor(s) may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Ridesurfer's credit card or other payment method on file.

You, as a User of this Site and Services offered hereunder, understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content.

In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, and Tax regulations; use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content; access or use our Site, Application, Services or the Ridesurfing API to use, expose, or allow to be used or exposed, any Ridesurfing Content: (i) that is not publicly displayed by Ridesurfing in its search results pages or posting pages before a booking is confirmed; (ii) in any way that is inconsistent with the Ridesurfing Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Ridesurfing's users or any other third party; use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of- service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Ridesurfing Ridesurfer or Driver; offer, as a Driver, any Ride that you do not yourself own or have permission to use as a personal vehicle or other property (without limiting the foregoing, you will not list Rides as a Driver if you are serving in the capacity of a leasing agent or posting agent for a third party); register for more than one Ridesurfing Account or register for a Ridesurfing Account on behalf of an individual other than yourself; unless Ridesurfing explicitly permits otherwise, request a booking with an Ride you will not actually be using yourself; contact a Driver for any purpose other than asking a question related to a booking, such Driver's Rides or Postings; contact a Ridesurfer for any purpose other than asking a question related to a booking or such Ridesurfer's use of the Site, Application and Services; recruit or otherwise solicit any Driver or other Member to join third-party services or websites that are competitive to Ridesurfing, without Ridesurfing's prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content; use the Site, Application, Services or Collective Content to find a Driver or Ridesurfer and then complete a booking of an Ride independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Ridesurfing's provision of the Services or for any other reasons; as a Driver, submit any Posting with false or misleading price information, or submit any Posting with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Ridesurfing's name, any Ridesurfing trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Ridesurfing's express written consent; access, tamper with, or use non-public areas of the Site, Application or Services, Ridesurfing's computer systems, or the technical delivery systems of Ridesurfing's providers; attempt to probe, scan, or test the vulnerability of any Ridesurfing system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Ridesurfing or any of Ridesurfing's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

You will not accept or make a payment for Ride Fees outside Ridesurfing Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Ridesurfing harmless from any liability for such payment. Ridesurfing has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

To the extent permitted by law, (1) we make no promise as to Ridesurfing, including without limitation, its website and operations, their completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) we make no promise regarding the Driver, Ride Vehicle or Ridesurfer (i.e. Rider) or other users or parties related to the website; your access and use of the website and Ride are at your own risk, and Ridesurfing in all of its manifestations is provided "AS IS" and "AS AVAILABLE"; (3) Ridesurfing is not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your Ridesurfing use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("Ridesurfing ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) Ridesurfing ENTITIES AND PRINCIPALS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the Terms of Use, or your Ridesurfing use, is governed by Arizona ("AZ") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Phoenix, AZ (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by (one) 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against Ridesurfing Entities; (6) (except government agencies) to indemnify Ridesurfing Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your Ridesurfing use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day. MISC. Users complying with prior written licenses may access Ridesurfing thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy for how we collect, use and share data. IAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.