PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND RYGHT PICKUP HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 30 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST RYGHT PICKUP TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A PICKUP DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 31.
MATERIAL TERMS AND NOTICES
For purposes of this Agreement, the services provided by Pickup Drivers to their Customers that are scheduled through the Ryght pickup Platform shall be referred to as the "Services.” Services specifically do not comprise “Excluded Services” (particular jobs deemed ineligible for scheduling or performing through the Ryght pickup Platform due to applicable licensing/permitting regulations and other similar requirements). Ryght pickup reserves the right to alter, modify and remove Service requests.
Unless otherwise disclosed, Pickup Drivers are deemed to be unlicensed. Please note that in certain markets Pickup Driver may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Customers must determine for themselves whether a Pickup Driver is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.
Services ordered through the Ryght pickup platform may include delivery, installation, and/or assembly of furniture or other items obtained from a third party (“Merchandise”). Ryght pickup does not provide and is not responsible for Merchandise, and does not itself provide the Services.
ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE RYGHT PICKUP PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. IT IS ENTIRELY UP TO THE CUSTOMER TO EVALUATE THE PICKUP DRIVER AND THE PICKUP DRIVER’S QUALIFICATIONS, AND UP TO THE PICKUP DRIVER TO EVALUATE THE JOB ORDERED. EACH SERVICE PROVIDED BY A PICKUP DRIVER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PICKUP DRIVER AND CUSTOMER. PICKUP DRIVERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF RYGHT PICKUP. RYGHT PICKUP MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. RYGHT PICKUP DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PICKUP DRIVERS. RYGHT PICKUP HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PICKUP DRIVERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, RYGHT PICKUP IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PICKUP DRIVER.
Unless otherwise disclosed, Ryght pickup checks the backgrounds of each Pickup Driver using third-party background check services that include, but are not limited to, a sex offenders registry check; county, state, federal and national criminal records check; and domestic and international terrorist watchlist check. Ryght pickup also requires each Pickup Driver to submit to Ryght pickup a government-issued photo ID and a profile picture. Pickup Drivers hereby give consent to Ryght pickup to conduct background checks as often as required in compliance with applicable law, including without limitation the Fair Credit Reporting Act. Although Ryght pickup performs background and identity checks on each Pickup Driver, Ryght pickup cannot confirm that each Pickup Driver is who they claim to be, and therefore, Ryght pickup cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information or any information provided through the Service. Ryght pickup cannot and does not guarantee that a Pickup Driver’s profile and background check information are current and up to date.
YOU ACKNOWLEDGE AND AGREE THAT RYGHT PICKUP IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. RYGHT PICKUP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PICKUP DRIVERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know. Ryght pickup’s sole liability with respect to the Services performed by Pickup Drivers is as set forth in the Ryght pickup Guarantee described in Section 6.
• Services that requires a license or certificate;
• Services that make the User unsafe or uncomfortable;
• Services that involve the handling of weapons, explosives or hazardous materials;
• Services that involve the transportation of and ridesharing among our Users in any type of motor vehicle, aircraft or water craft; or
• Any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.
Users of the Ryght pickup Platform contract for the Services directly with other Users. Except as set forth in Section 33 below, Ryght pickup is not a party to any contracts for the Services. The Ryght pickup Platform facilitates these contracts by supplying a medium through which Customers can connect with Pickup Drivers, schedule the Services, and make payments for the Services directly from the Customer to the Pickup Driver. Notwithstanding the foregoing, Customers may not circumvent the Ryght pickup Platform by using the Ryght pickup Platform to connect with Pickup Drivers and then engage those Pickup Drivers for Services outside of the Ryght pickup Platform.
Except for the Ryght pickup Guarantee, no refunds or credits will be provided once the Customer's selected payment method has been charged or Voucher has been used. While we will use commercially reasonable efforts to protect all payment method information and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. The Job Fee quoted is exclusive of taxes. Ryght pickup is not responsible or liable for any taxes incurred in connection with the Service excluding taxes on Ryght pickup's income. Customers will be liable for all transaction taxes on the Service(s) provided (other than taxes based on Ryght pickup's income).
Notwithstanding the above, Pickup Drivers may request an adjustment of their applicable Job Fees upon written notice to the attention of Ryght pickup’s General Counsel. Nothing set forth herein shall prohibit or otherwise restrict Pickup Drivers from negotiating Additional Services with a Customer. Ryght pickup reserves the right to withhold all or a portion of Job Fees if it believes that you have attempted to defraud or abuse Ryght pickup or Ryght pickup's payment systems.
i. Use Fee. As a Pickup Driver, in exchange for permitting you to offer your services through the Ryght pickup Platform and utilize the ancillary services and benefits thereof, you agree to pay Ryght pickup (and permit Ryght pickup to retain) a fee based on a percentage of the Job Fee on each transaction in which you provide Services and, if any, Additional Services (the "Use Fee"). The amount of the applicable Use Fee will be determined by the category and market location of the job and will be communicated to you via your Pickup Driver Dashboard. Ryght pickup reserves the right to change the Use Fee at any time in Ryght pickup's sole and absolute discretion. Continued use of the Ryght pickup Platform after any such change in the Use Fee calculation shall constitute your consent to such change.
iii. Ryght pickup Sharing Program - Royalties. For the Ryght pickup Sharing Program (akaRoyalties),Ryght pickup will assign a Promo Code (“Ryght pickup Sharing Promo Code”) to you via the App or email for distribution at your discretion to your friends, family and other third parties for use on their first Service (each a “Promo User”). Except as otherwise set forth in this subsection, all of the terms and conditions for Ryght pickup Promo Codes apply to the Ryght pickup Sharing Program. If a Promo User uses your assigned Ryght pickup Sharing Promo Code on a Service that is completed via the Ryght pickup Platform within the applicable time period (the “Promo Period”), then you will be eligible for a credit or payment as described in the App and Website at the time the Ryght pickup Sharing Promo Code is redeemed. A Ryght pickup Sharing Promo Code is validly redeemed when the Service it was applied to has been completed and paid for in full through the Ryght pickup Platform. The amount and conditions of the credit or payment shall be determined by Ryght pickup and communicated to you in writing through the App, the Website or via email and are subject to change, without notice, at Ryght pickup’s sole discretion. Unless otherwise communicated to you, all payments will be made via check mailed to the address associated with your User account within ninety (90) days from the earlier of : (i) the date your Royalties balance exceeds $50.00 or (ii) the cancellation of your User account or termination of this program. Your failure to cash a Royalties check within 180 days of issuance by Ryght pickup, or your failure to provide Ryght pickup with your taxpayer identification number (TIN) within thirty (30) days of Ryght pickup’s request thereof, will result in your Royalties payments being converted to Ryght pickup Rewards. We maintain sole discretion to prohibit your participation in the Ryght pickup Sharing Program in the future, for any or no reason. Further, by using the Ryght pickup Sharing Program, you agree to abide by all current material-connection disclosure laws issued by the Federal Trade Commission and/or other governing authority.
iv. Ryght pickup Rewards Program. Ryght pickup may allow registered Users to participate in the Ryght pickup Rewards program through the Website and App, which is designed to provide certain benefits to Users that schedule and successfully complete Services and/or share their Ryght pickup Sharing Promo Code. Please refer to the Ryght pickup Rewards Terms and Conditions for more information about the terms, conditions and policies that apply to your participation and use of the Ryght pickup Rewards program. Exercising opt-out rights will not prohibit Users from participating in the Ryght pickup Rewards Program.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (a) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PROMOTION; (b) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (c) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTIONAL ACTIVITY; (d) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTIONAL ACTIVITY OR THE PROCESSING OF ENTRIES; OR (e) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR (OR ANY OTHER ENTRANT'S) PARTICIPATION IN THE PROMOTIONAL ACTIVITY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
Our Ryght pickup Guarantee is that the Service you order and pay for will be performed as described in the description of the Service when you ordered it. If you have ordered and paid for a Service but you believe the Service was not performed in accordance with the Ryght pickup Guarantee you must report the issue within twenty-four (24) hours of the Service appointment’s completion to our Support Center at [email protected] pickup.com and respond to all follow up questions requested of you from the Support Center, at which point you may be eligible for the Ryght pickup Guarantee Remedies. The "Ryght pickup Guarantee Remedies" are as follows: if we determine that a Service does not meet the Ryght pickup Guarantee we will, in our sole discretion, either refund (in part or in full) the payment you actually made for such Service, or have the applicable Service re-performed. If the Service is re-performed but we determine the re-performance still does not meet the Ryght pickup Guarantee, we will refund the payment actually made by the Customer for such Service. The amount of the Ryght pickup Guarantee is limited to any payment you made for the Service. The Ryght pickup Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. To be clear, the Ryght pickup Guarantee does not apply to any payments made for Services not scheduled and paid for through the Ryght pickup Platform. THIS SECTION 6 STATES RYGHT PICKUP'S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
Ryght pickup reserves the right in its sole discretion to eliminate the Ryght pickup Guarantee altogether or to modify its terms at any time, effective with or without notice and without any liability to Ryght pickup, although Ryght pickup will endeavor to post notification of any material changes.
Ryght pickup's cancellation policy for specific Services is as follows:
i. Services Booked 24 Hours in Advance
• If you cancel more than 24 hours before a scheduled Service appointment, there is no cancellation fee.
• If you cancel between 2-24 hours before a scheduled Service appointment, you may be charged a $10.00 cancellation fee.
• If you cancel less than 2 hours before a Service appointment, you may be charged a $50.00 cancelation fee.
ii. Services Booked Less 24 Hours in Advance
• For Services that were booked between two to twenty-four (2-24) hours before the scheduled Service appointment, you may be charged a $10 cancellation fee if you cancel less than two (2) hours before a Service appointment.
• For Services that were booked less than two (2) hours before the scheduled Service appointment, including Services scheduled as "Now" appointments, you may be subject to a $10 cancellation fee if you fail to cancel such appointment within five (5) minutes after if you booked your job.
As a Pickup Driver, you are required to pay a monthly access fee during any calendar month in which you complete a Service. The access fee shall be $2.99 per month (the "Access Fee"). You instruct and authorize Ryght pickup to deduct the Access Fee from the Job Fee of the first job(s) you complete in a calendar month. You acknowledge that Ryght pickup reserves the right, at any time, to modify its Access Fees and billing methods.
To help maintain the quality of the Ryght pickup Platform, Users (both Pickup Drivers and Customers) will have the opportunity to rate each other after the completion of Services. If you rate your Pickup Driver or Customer with less than 3 stars, such User will be excluded from your future Service requests. Customers will see Pickup Driver ratings before selecting a Pickup Driver for a job so each rating a Customer gives can have an impact on that Pickup Driver's future on the Ryght pickup Platform. In addition, Customers with a low star rating may not have their requests accepted.
We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. You agree to Ryght pickup’s use of a service Pickup Driver to mask your telephone number with a number provided by Ryght pickup when you call or exchange text (SMS) messages with another User. Ryght pickup and its service Pickup Driver reserve the right to access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Ryght pickup Platform for our business purposes, including to provide and improve customer service and the Ryght pickup Platform, fraud prevention, and to identify violations of this Agreement. You agree to the use of masked numbers described above as well as Ryght pickup’s use and disclosure of the related data for legitimate business purposes.
To schedule and accept Services, you must possess an iOS or Android smartphone capable of accessing the Ryght pickup Platform (the "Mobile Device"). As a Pickup Driver, you hereby acknowledge and consent to Ryght pickup's collection of the latitude and longitude location ("Location Coordinates") of your Mobile Device so that we can provide our services to you and the Customers. For example, we may collect Location Coordinates when you select "Start Navigation to Site" or equivalent on the App for the purpose of providing support in case you and the Customer cannot find each other and ending upon your notification to the Customer and Ryght pickup that you arrived at the Service location by selecting "I'm Here!" or the equivalent on the App (the "Tracking Period"). In addition, while in Pickup Driver mode, Ryght pickup collects the Location Coordinates of the Mobile Device on which the Ryght pickup Platform is installed for other purposes, including for the purpose of referring Services to you from potential Customers in your vicinity, protecting the safety of Customers and Pickup Drivers, and for legal purposes (such as to enforce our agreements). Ryght pickup does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide the Services contemplated by this Agreement, or the frequency with which you use the Ryght pickup Platform to book Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.
We reserve the right to withdraw or amend the Ryght pickup Platform, and any service we provide on the Ryght pickup Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the Ryght pickup Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Ryght pickup Platform, or the entire Ryght pickup Platform, to Users for any reason or no reason.
You are responsible for:
• Making all arrangements necessary for you to have access to the Ryght pickup Platform.
• Ensuring that all persons who access the Ryght pickup Platform through your account are aware of this Agreement and comply with the terms set forth herein.
If you choose, or are provided with, a User name, 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 Ryght pickup Platform or portions of it using your User name, password or other security information, including Third-Party Site Password(s). You agree to notify us immediately of any suspected unauthorized access to or use of your User name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. 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 computer so that others are not able to view or record your password or other personal information.
We have the right to disable any User name, 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 this Agreement. Ryght pickup may, from time to time, access your account to make certain changes that you request or remove prohibited information from the Platform.
THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, RYGHT PICKUP IS NOT AFFILIATED WITH ANY CARRIER, PICKUP DRIVER, OR THIRD-PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PICKUP DRIVER, OR THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE RYGHT PICKUP (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You may not modify, alter, reproduce, or distribute the Ryght pickup Platform in part or entirety. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Ryght pickup Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Ryght pickup Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third-Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the Ryght pickup Platform or any content available through the Ryght pickup Platform.
The Ryght pickup 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 Ryght pickup, its licensors or other Pickup Drivers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
• Modify copies of any materials from the Ryght pickup Platform.
• 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 the Ryght pickup Platform.
Except as permitted herein, you must not access or use for any commercial purposes any part of the Ryght pickup Platform or any services or materials available through the Ryght pickup Platform.
You may use the Ryght pickup Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Ryght pickup 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 impersonate or attempt to impersonate Ryght pickup, a Ryght pickup employee, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Ryght pickup Platform, or which, as determined by us, may harm Ryght pickup or Users of the Ryght pickup Platform or expose them to liability.
• To solicit, advertise for, or contact Users for employment, contracting, or other purposes unrelated to the Services facilitated through the Ryght pickup Platform without the express written consent of Ryght pickup.
Additionally, you agree not to:
• Use the Ryght pickup Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Ryght pickup Platform, including their ability to engage in real-time activities through the Ryght pickup Platform.
• Use any robot, spider or other automatic device, process or means to access the Ryght pickup Platform for any purpose, including monitoring or copying any of the material on the Ryght pickup Platform.
• Use any manual process to monitor or copy any of the material on the Ryght pickup Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Ryght pickup Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Ryght pickup Platform, the servers on which the Ryght pickup Platform is stored, or any server, computer or database connected to the Ryght pickup Platform.
• Attack the Ryght pickup Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Ryght pickup Platform.
• Defame, harass, abuse, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to Ryght pickup employees and Platform Users.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service Pickup Drivers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Ryght pickup Platform, you may contact our Designated Agent at Ryght pickup, Inc., Attn: Copyright Compliance Team, 1005 Flagpole Court, Brentwood, TN 37027 or [email protected] pickup.com.
Any notice alleging that materials hosted by or distributed through the Ryght pickup Platform infringe intellectual property rights must include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on the Ryght pickup Platform;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of those materials on the Ryght pickup Platform is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Ryght pickup Platform may contain profiles and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, "Post") content, photographs, images, or other related materials (collectively, "User Contributions") on or through the Ryght pickup Platform, including User-supplied profile pictures, bio lines, and job/service-related photos.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above to us and our licensees, successors and assigns and other Users.
• All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Ryght pickup, are fully 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 Ryght pickup Platform.
In exchange for the right to use the Ryght pickup Platform, Users who post their User Contributions hereby irrevocably grant to Ryght pickup the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their User Contributions in connection with the Ryght pickup Platform:
• The right to use User Contributions in the advertising, marketing, and/or publicizing of the Ryght pickup Platform to perform and improve upon the Ryght pickup Platform; or
• The right to exercise all copyright, publicity rights, and any other rights therein.
Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers). User hereby releases Ryght pickup from (and shall not bring any) proceeding, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your User Contributions.
18. Monitoring and Enforcement
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• 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 Ryght pickup Platform.
• Terminate or suspend your access to all or part of the Ryght pickup Platform for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to fully cooperate 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 Ryght pickup Platform. YOU WAIVE AND HOLD HARMLESS RYGHT PICKUP AND ITS AFFILIATES, LICENSEES AND SERVICE PICKUP DRIVERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Pickup Driver or a Customer cannot be resolved independently, you hereby agree, at Ryght pickup’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Ryght pickup or a neutral third-party mediator or arbitrator selected by Ryght pickup. Notwithstanding the foregoing, you acknowledge and agree that Ryght pickup is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
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