Terms of Service
Terms & Conditions
Last Revised: February ___, 2019
You may use the Platform only if you (a) are 18 years of age or older, (b) reside in the United States or any of its territories or possessions and (c) can enter into a binding legal contract (only in compliance with these Terms and applicable laws). If you open an account on behalf of a company, organization, or other entity, then (x) “you” includes you and that entity, and (y) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS YOU SHOULD NOT ACCESS OR USE THE PLATFORM.
CHANGES TO THE TERMS
We may revise these Terms from time-to-time in our sole discretion, and the most current version will always be posted on our website at [www.guzo.io/terms-of-use]. If, in our sole discretion, we deem a revision to be material, we may notify you. You should check these Terms from time to time so you are aware of any revisions. By continuing to access or use the Platform, including use of the Services, after revisions become effective, you agree to be bound by the revised Terms. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU MUST STOP USING THE PLATFORM. No access to the Services will be permitted unless the Terms are accepted in full. If a user does not agree to any portion of the Terms, such User may not use the Services or participate in any activities of the Platform.
TERMS OF SERVICE
In the event that any User fails to comply with any of the Conditions, Guzo reserves the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that User without notice.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Platform at any time, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict or block access to the Platform.
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 this Website or portions of it using your user name, password or other security information. You will be responsible for all activity associated with your account, including any fees incurred or conduct which violates our Intellectual Property Policy. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
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 of these Terms.
Intellectual Property Rights
The Website 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 Guzo, 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 permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
• Your computer 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 one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
• 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 Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Guzo. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Guzo’s name, the term “Guzo” and all related names, logos, product and service names, designs and are trademarks of Guzo or its affiliates or licensors. You may not use such marks without the prior written permission of Guzo.
You may use the Platform only for lawful purposes and in accordance with these Terms. In connection with your use of the Platform, you agree:
• Not to violate any applicable federal, state, local or international law or regulation;
• Not to send unsolicited or misleading messages, or otherwise use the Platform to send messages;
• Not to (or attempt to) exploit, harm, or collect the personal information of minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• Not to impersonate or attempt to impersonate Guzo, a Guzo employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
• Not to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Guzo or users of the Platform or expose them to liability.
Additionally, you agree not to:
• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Website;
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose without the express permission of Guzo, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without the express permission of Guzo.
• Use any device, software or routine that interferes with the proper working of the 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 Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
• Otherwise attempt to interfere with the proper working of the Platform.
Anything that you submit for processing through the Platform or otherwise transmit or make available on our Platform are referred to as “User Contributions.” You retain all rights in, and are solely responsible for, the User Contributions you transmit using the Platform. All User Contributions must comply with the Terms.
We reserve the right to block, remove or modify User Contributions for any reason, including User Contributions that we believe violates these Terms or our policies. We may retain your User Contributions for a commercially reasonable period of time for backup, archival, or audit purposes.
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 and that all of your User Contributions will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Guzo, have 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 provided by you or any other user of the Platform.
Guzo may review, scan, and moderate the messages the Users exchange with each other through the Platform in particular for fraud prevention, customer support purposes, enforcement of the contracts entered into with Guzo’s Users and ensure compliance with applicable law. For example, in order to prevent the circumventing of its Booking Service, Guzo may scan and analyze messages sent through the platform to check that they do not include any contact details or references.
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 the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform 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 Services, 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:
1301 Fannin Street
Houston, TX 77002
It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
Monitoring and Enforcement; Termination
We do not control the User Content posted via the Platform. However, we have the right to:
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms.
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 Website. YOU WAIVE AND HOLD HARMLESS GUZO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GUZO OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GUZO OR LAW ENFORCEMENT AUTHORITIES.
The owner of the Platform is based in the state of Texas in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the 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. 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY WEBSITE LINKED TO THE PLATFORM.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFROM IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GUZO NOR ANY PERSON ASSOCIATED WITH GUZO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER GUZO NOR ANYONE ASSOCIATED WITH GUZO REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
GUZO 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 A PARTICULAR PURPOSE.
GUZO DOES NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE ANY USERS OF THE PLATFORM OR WARRANT ANY SERVICES PROVIDED BY SUCH PARTIES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
Guzo shall not be liable for any loss or damage arising as a result of:
A false, misleading, inaccurate or incomplete information being provided by a user;
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GUZO, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER THESE WEBSITE TERMS EXCEED $100. IN NO EVENT WILL GUZO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Guzo, 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 or your use of the Platform, including, but not limited to services and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms 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 State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Chicago and County of Cook. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If any controversy, allegation, or claim arises out of or relates to the Services or these Terms, including, but not limited to, claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Claim”), then either you or Guzo may elect to submit the Claim to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in Houston, Texas; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Claim is submitted to arbitration, Guzo will have the right to elect to proceed to arbitration in such location. If the value of the relief sought is $10,000 or less, you or Guzo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Guzo subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Guzo, unless the arbitrator requires otherwise.
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and Guzo will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Guzo to pay a greater portion or all of such fees and costs in order for this Agreement to Arbitrate to be enforceable, then Guzo will have the right to elect to pay the fees and costs and proceed to arbitration.
In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A CLAIM AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR IT WILL BE FOREVER BARRED.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION MAY BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
Limitation on Time to File Claims
You agree to pay reasonable attorneys’ fees and court costs incurred by Guzo in enforcing Guzo’s rights under this agreement. Should this portion of the agreement be found unenforceable under the law, all remaining provisions will continue to be valid and enforceable without exception. You recognize and understand that Guzo is operating in a limited capacity as an agent for the parties, and furthermore agrees to indemnify and hold harmless Guzo and Guzo’s agents from any damages not directly a result from Guzo or Guzo’s agent’s actions.
Waiver and Severability
No waiver of by Guzo of any term or condition set forth in these Terms 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 Guzo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 will continue in full force and effect.
Comment and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to [email@example.com].
Mobile Application Private Policy
Information We Collect
Through the App we collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as your IP address, device ID, anonymous usage data, general demographic information we may collect, preferences you submit and preferences that are generated based on the data you submit. Personal Information includes information that can be linked to a specific individual, such as a name, address, gender, telephone number, payment information, email address, login information for third party sites and other information, which you submit to us through the App. Information you provide us when setting up a profile or using the App. When you use the App, you will be asked to provide us with personally identifiable information, including your email address, phone number, name, gender, date of birth, payment information (including zip code) and login information for third party sites (e.g. Facebook) (a “Social Network Site”).
If you have provided permission through your device, Guzo may obtain pinpointed physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for Guzo to acquire pinpointed location information from your device through your device settings. The App can use the geo-location features (GPS or network-based) to support your use of location-based tools.
Information Collected Automatically
The App may access certain device information and/or components automatically. This access is only for purposes of providing the Service to you within the App.
A push notification token will be used to send push notifications to your mobile device with updates regarding your Routes. If you choose, the App can also open your default e-mail program to enable to you send e-mails to Guzo.
Our Policies Concerning Children
You need to be 18 years of age in order to create a Trip or join a Trip using the Service. Guzo does not knowingly collect or use personally identifiable information from children under 13. If a child under 13 has provided us with personally identifiable information without parental or guardian consent, the parent or guardian should contact us at the email address provided below and we will remove the information and unsubscribe the child from any promotional opportunities. In the event that a Ride is booked for a child under the age of 18 on such child’s behalf, the person providing any personally identifiable information about such child must be such child’s parent or legal guardian.
How We Use & Share Information
We do not sell Personal Information collected through the App to any third parties, except as may arise in connection with a sale of all or part of our assets, a bankruptcy, or business combination, in which event our subscriber database including Personal and Non-Personal Information would be expected to be transferred to the parties to such transactions.
Mergers, Acquisitions and Similar Business Transactions
Sharing Information with the Government or As Otherwise Required by Law
The App will store user-provided data for as long as you use the App, unless you choose to delete it or ask us to delete it. Only information provided for Ride purchases and related activities will be stored in our operational systems as needed to provide your requested services.
We implement security measures designed to protect your information from unauthorized access, disclosure or accidental loss or destruction of Non-Personal Information and Personal Information. We have established appropriate physical, technical and managerial safeguards designed to protect the information we collect from or about our users. These safeguards are regularly reviewed to protect against unauthorized access, disclosure and improper use of your information, and to maintain the accuracy and integrity of that data.
Opt-Out Rights; Tracking Preferences
You may opt-out of all information collection by uninstalling the Apps. You may opt-out of receiving push notifications in your preferences registered on the Apps. You may use the standard uninstall, application and data management processes available as part of your mobile device or via the removal features provided in the applicable mobile app store. Once you have uninstalled the App, all information that it stored is deleted, including any preferences you previously set around location permissions and whether you have allowed Guzo to send you push notifications. Once the App is uninstalled and preferences are deleted, the push notifications stop.
We do not use information gathered within the App to serve you targeted advertisements. The “limit ad tracking” or similar advertising-related privacy settings offered by device manufacturers do not change how Guzo tracks your device.
Users Outside the United States