Terms and Conditions
This Agreement (“Agreement”, “Terms” ) is entered into as of the day this Agreement is agreed to by you, (the “Effective Date”), by and between Nishaan Inc., a Washington corporation, doing business as goEasy (herein after “goEasy," "we," "us," or "our”), and you, Parent or Guardian (herein after “Ride Organizer”). goEasy and Ride Organizer are collectively referred to as the “Parties”, and individually as a “Party”. This Agreement sets forth the legally binding terms and conditions for your use of the Platform, including the website, application, and other services offered (collectively, the "Service").
1. DESCRIPTION OF SERVICES
goEasy, Inc. (“goEasy”) maintains and operates a proprietary technology platform (the “Platform”) that enables the scheduling, coordination and facilitation of transportation services (the “Services”) for children aged five (5) years and older (each, a “Rider” and collectively, the “Riders”) between designated points of origin and destination (the “Service Area”). The Services are performed by established, licensed, and accredited transportation companies and by individual drivers (each, a “Driver” and collectively, the “Drivers”) who have met goEasy's mandatory safety policies, background-check requirements, and credentialing criteria. goEasy does not operate the vehicles used to provide the Services; rather, the Platform connects Riders (or their authorized guardians) with third party Providers and Drivers who provide on-the-ground transportation in accordance with applicable laws, rules, and goEasy’s safety and credentialing policies. By accepting this Agreement, the Ride Organizer formally requests the facilitation of transportation services, and goEasy agrees to provide such facilitation, all subject to and governed by the terms and conditions contained in this Agreement.
2. USE OF SERVICES (RIDE ORGANIZER RESPONSIBILITIES)
2.1 Eligibility. Ride Organizers must be at least thirteen (13) years old to use this Platform. By agreeing with these terms, you represent and warrant that: (a) you are at least thirteen (13) years old; (b) you have not previously been suspended or removed from the Platform.
2.2 Account Registration and Security. The Ride Organizer shall register for and maintain a single account (the “Account”) on the goEasy website or mobile application (collectively, the “Platform”). The Ride Organizer shall not (a) create more than one Account, (b) register using a false identity, or (c) provide false, inaccurate, or misleading information in connection with Account registration. The Ride Organizer agrees to keep all Account information true, accurate, current, and complete, and to promptly update such information as necessary. The Ride Organizer may not create an Account on behalf of another person unless the Ride Organizer has the legal authority to do so. The Ride Organizer is solely responsible for all activity that occurs under the Account, including any access by third parties, and must take reasonable steps to prevent unauthorized access (including safeguarding Account credentials). The Ride Organizer shall continuously monitor the Account to ensure that no unauthorized user accesses or uses it. The Ride Organizer must notify goEasy immediately upon becoming aware of any unauthorized use of the Account or any other security breach. goEasy reserves the right, at its sole discretion, to suspend or terminate any Account at any time and for any reason. goEasy shall not be liable for any loss or damage arising from the Ride Organizer’s failure to comply with the account registration and security obligations.
2.3 Designated Home Address. The Ride Organizer shall provide and maintain in the Account a current and accurate residential address (the “Designated Home Address”) for emergency return or other safety-related purposes.
2.4 Emergency Contact Information. The Ride Organizer shall provide and maintain current, valid emergency contact information, including at least one telephone number and one email address, to be used in the event goEasy is unable to reach the Ride Organizer.
2.5 Duty to Update. The Ride Organizer shall promptly update all Account information required by this Section whenever changes occur. goEasy shall have no obligation to verify the accuracy of information provided by the Ride Organizer and shall not be liable for any losses, delays, or failures to provide service resulting from the Ride Organizer’s failure to provide or update required information.
2.6 Ride Scheduling. All rides must be scheduled and managed exclusively through the Platform. The Ride Organizer may elect to share a scheduled ride with one or more additional Riders. Routes generated by the Platform for shared rides, at goEasy’s discretion, include a single child or multiple children traveling in the same general direction. Route assignments, scheduled times, and designated Drivers are operational in nature and are subject to change for scheduling, safety, or other operational reasons; goEasy will use commercially reasonable efforts to notify the Ride Organizer of assignments, changes, or updates via the Platform, email, or text message.
2.7 Pick-up and Drop-off Responsibilities. The Ride Organizer shall bear the following responsibilities with respect to each scheduled ride:
a. Pickup/Drop-off Instructions. The Ride Organizer shall provide accurate, complete, and timely pickup and drop-off instructions (including any building access details or special directions) and shall update such instructions promptly if they change. goEasy is entitled to rely on the instructions provided in the Account and on the Platform.
b. Child Readiness. The Ride Organizer shall ensure that the Rider is ready and available for pick-up at the designated pickup location at the scheduled pickup time and shall remain responsible for any consequences arising from the Rider’s late or nonappearance.
c. Compliance with Car-Seat Laws. The Ride Organizer shall ensure that the Rider's profile is up to date with any required child-restraint device (e.g., car seat or booster seat) in accordance with all applicable federal, state, and local laws and regulations prior to the commencement of the ride.
d. Drop-Off Protocols and Billing. For purposes of this Section, a “Young Rider” means any Rider who, in goEasy’s reasonable judgment, cannot be left unattended. Unless goEasy has expressly approved alternative arrangements in writing, the Ride Organizer shall ensure that a parent, guardian, or other authorized adult is present at the designated drop-off location to receive the Young Rider.
If the Driver is unable to safely complete a scheduled drop-off for any reason (including, without limitation, a locked location, a closed activity site, or the absence of an authorized adult as required by this Section 2.7(d)), the Driver will attempt to contact the Ride Organizer and the emergency contacts provided. If the Ride Organizer and emergency contacts cannot be reached, or if the situation cannot be immediately resolved, the Platform will automatically create an emergency return trip to the Designated Home Address (the “Return Trip”). The Ride Organizer acknowledges and agrees that the Return Trip is a mandatory safety measure, will be automatically created where required, and will be charged to the Ride Organizer’s Account in accordance with Section 4. The Ride
Organizer shall be responsible for any additional fees, charges, or costs (including reasonable wait-time charges, mileage, or administrative fees) incurred as a result of the absence of an authorized adult or the need to effect a Return Trip.
2.8 Prohibited Actions and Service Refusal. Ride Organizer agrees not to use or direct others to use the Platform or perform any Services in any manner that is prohibited by this Agreement and agrees to refrain from prohibited conduct. This includes, but is not limited to, using the Platform for unlawful purposes, submitting false information, impersonating others, or interfering with Platform functionality. Ride Organizer must not harass, discriminate against, threaten, or endanger Drivers, staff, children, or other users. Finally, the Ride Organizer must not circumvent the Platform’s operational processes, such as contacting Drivers for private arrangements, or engaging in fraudulent activity or unauthorized access. Failure to comply with any of the responsibilities in Section 2 may result in missed-ride fees, the Return Trip being charged, or refusal of service.
3. DRIVER AND VEHICLE SAFETY STANDARDS
3.1 Driver Eligibility and Compliance. To ensure the safety and security of all riders, goEasy maintains rigorous standards for all drivers and vehicles operating on the Platform. All drivers must be over twenty-three (23) years old, possess extensive driving and childcare experience, and pass comprehensive background checks and in-person evaluations. Drivers are required to comply with all federal, state and local commercial driving laws, maintain strict safety protocols (including ensuring proper use of child restraints and never leaving minors unattended), and are strictly prohibited from unsafe conduct or driving under the influence.
3.2 Vehicle Safety. All vehicles must be well kept, less than ten (10) years old, legally registered,
and must annually pass a thorough 16-point safety inspection. Vehicles may also utilize
company-provided or driver-owned dashcams and GPS tracking for real-time monitoring and
display identifying signage. Furthermore, drivers are required to carry valid liability insurance,
supplemented by goEasy’s contingent liability insurance coverage during active service.
- PAYMENT, FARES, AND BILLING
4.1 Fares and Pricing. When booking a ride through the Platform, the Ride Organizer will
receive an upfront cost estimate. The final fare (the "Fare") for the transportation services
will be determined by the rate displayed on the Platform at the time of booking, which
includes all applicable pricing factors, such as distance, time, and any promotions or
discounts applied at that time. The displayed Fare is the final price for that ride.
4.2 Billing and Payments. Ride Organizer will be invoiced for all accumulated Fares and fees at
the end of each week (the "Invoicing Period"). This weekly invoice includes standard trip
fares, missed-ride fees, and Return Trip charges incurred under Section 2.6, 2.7(b), and
2.7(d). Payment is processed automatically using the payment method designated in the
Ride Organizer's Account shortly after the invoice is generated. The Ride Organizer is
responsible for ensuring that payment information is valid and up to date.
4.3 Fees and Cancellations. The Ride Organizer may be subject to additional fees, including:
a. Cancellation Fees: A cancellation fee (the amount of which is displayed in the Platform
and may change from time to time) will be charged if a ride is canceled by the Ride
Organizer within twelve (12) hours of the scheduled pickup time. In the event that the
Ride Organizer cancels a ride within two (2) hours of the scheduled pickup time, the
Ride Organizer acknowledges will still be charged the full Fare of the cancelled ride.
b. Operational Changes: The Ride Organizer acknowledges that due to operational
necessities, including driver availability or safety concerns, a finalized ride or route may
be updated or canceled entirely by goEasy or the Driver. In the event a ride is canceled
or significantly changed by goEasy or the Driver, the Ride Organizer will not be
charged the Fare or any cancellation fee for that ride.
c. Damage/Cleaning Fees: Fees assessed if a Driver reports that a Rider or guest has
caused damage to the Driver’s vehicle or required excessive cleaning (beyond normal
wear and tear).
d. Tolls and Taxes: Applicable tolls, fees, and government taxes will be displayed with the
ride fare and added to your invoice.
- LIABILITY
5.1 Disclaimers. Ride Organizer expressly understands and agrees that, to the extent
permitted by applicable law, the use of the Platform is at Ride Organizer’s sole risk and that
the Platform is provided on an "AS IS" and "AS AVAILABLE" basis, with all faults, whether
known or unknown. goEasy, and its officers, directors, shareholders, members, affiliates,
agents, and licensors (collectively, the "Covered Parties") disclaim all warranties,
representations, and conditions of any kind, whether express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a particular use or purpose,
and non-infringement.
5.2 This Section also applies to, without limitation, any booster seats that goEasy may provide
to the Driver or the installation of such booster seats by the Driver. Covered Parties make
no representations or warranties of the accuracy or completeness of the content available
on or through the Platform or for the conduct of any Platform users. The Ride Organizer
and Drivers are not a Covered Party within the meaning of these terms. goEasy does not
control or have the right to control those persons who organize rides to be completed
through goEasy, except to the extent expressly set forth in these or any applicable
supplemental terms or as required by the applicable state law, federal law, regulation, or
ordinance.
5.3 To the extent permitted by applicable law, the Covered Parties are not liable for the acts,
errors, omissions, representations, warranties, or negligence of any users or for any
personal injuries, death, property damage, or other damages or expenses resulting
therefrom. goEasy does not represent or endorse and shall not be responsible for the
Driver’s ability or inability to provide Services using the Platform. goEasy shall not be liable
for any delay in or failure to perform any Services.
5.4 Limitation of Liability. Ride Organizer understands and agrees that in no event shall the
Covered Parties be liable under any theory of liability, whether in contract, tort,
statutory, or otherwise, for any indirect, incidental, special, or consequential damages,
including, without limitation, damages for loss of revenue, profits, goodwill, use, data, or
other intangible losses even if the Covered Parties were advised of the possibility of such
damages arising from or relating to their use of the Platform or Services. In no event shall
the Covered Parties’ total aggregate liability to Ride Organizer exceed (1) an amount
greater than the total amount of fees collected from the Ride Organizer’s assigned route
in the three months before the date of the event giving rise to the liability or (2) one
thousand dollars ($1,000), whichever is greater. The foregoing limitations of liability shall
not apply to the liability of a Covered Party for (a) death or personal injury caused by a
Covered Party's negligence or for (b) any injury caused by the Covered Party’s fraud or
fraudulent misrepresentations. The foregoing limitations of liability are fundamental
elements of the basis of the bargain between goEasy and Ride Organizer.
5.5 Indemnity and Hold Harmless. Ride Organizer agrees to indemnify and hold harmless the
Covered Parties against any claims, damages, losses, costs, liabilities, and expenses or
fees (including reasonable attorneys’ fees), of any kind, relating to or arising out of:
i. Their use of the Platform or Services.
ii. Ride Organizer’s violation or breach of any provision of this Agreement, the policies
referenced herein, or any applicable law or regulation, whether or not referenced
herein;
iii. Ride Organizer’s violation of any rights of any third party;
iv. Ride Organizer’s use of, or inability to use, the Platform to provide Services, or for any
reason.
5.6 goEasy reserves the right, at its sole discretion and expense, to assume the exclusive
defense of any matter otherwise subject to indemnification by the Ride Organizer, in which
event the Ride Organizer shall fully cooperate with goEasy in asserting any available
defenses. This Section does not require Ride Organizer to indemnify any of the Covered
Parties for any unconscionable commercial practice by such party or for such party’s fraud,
deception, false promise, misrepresentation, or concealment, suppression, or omission of
any material fact in connection with the Platform.
5.7 Ride Organizer agrees that the provisions in this Section shall survive the termination of
their Ride Organizer account or their access to the Platform.
- CONFIDENTIALITY AND PRIVACY
6.1 Confidentiality. The Ride Organizer shall treat all technical, financial, strategic, and other
proprietary and confidential information relating to goEasy's business and operations as
("Confidential Information"). This includes, but is not limited to, the Company’s internal
systems, unreleased features, and pricing structures. The Ride Organizer acknowledges
that information exchanged on the Platform, including specific instructions, pickup/dropoff times, and details regarding Riders, may include Protected Health Information ("PHI")
of Riders, as that term is defined under the Health Insurance Portability and Accountability
Act of 1996, 42 U.S.C. § 1320d-3120d-8 ("HIPAA") and its implementing regulations
thereunder by the U.S. Department of Health and Human Services (the "Privacy Rule") and
other applicable laws, as amended, and shall be treated as Confidential Information. PHI
includes any information that (i) relates to the past, present, or future physical or mental
condition of an individual; the provision of health care to an individual; or the past, present,
or future payment for the provision of health care to an individual; and (ii) that identifies
the individual or with respect to which there is a reasonable basis to believe the
information can be used to identify the individual. Furthermore, information the Ride
Organizer accesses through the Services may be considered Confidential Information under
the Family Educational Rights and Privacy Act ("FERPA") (20 U.S.C. § 1232g; 34 CFR Part 99)
and the Protection of Pupil Rights Amendment ("PPRA") of 1978. The Ride Organizer may
only use Confidential Information to organize and receive Services through the Platform.
6.2 Use and Disclosure. Any Confidential Information is provided to the Ride Organizer solely
for the purpose of utilizing the Services. The Ride Organizer agrees not to disseminate,
distribute, disclose, or otherwise share any Confidential Information. In the event of any
improper disclosure by the Ride Organizer, the Ride Organizer agrees to notify goEasy. of
such disclosure immediately. Any improper disclosure violates this Agreement and may
result in the deactivation of the Ride Organizer's Account and immediate termination of
this Agreement.
- TERM AND TERMINATION
7.1 Term. This Agreement may be terminated by the Ride Organizer, without cause, upon one
week's written notice to goEasy, or by either Party immediately, without notice, upon the
other Party’s material breach of the terms, including but not limited to any violation of
Section 2. In addition, goEasy may terminate this Agreement or deactivate the Account on
the Platform immediately in the event that:
i. Ride Organizer no longer qualifies to arrange for Services or operate under applicable
law, rule, ordinance, permit, or regulation; or
ii. goEasy has the good faith belief that such action is necessary to protect the safety of
the goEasy community or third parties.
In the event of deactivation under (i)-(ii) above, the Ride Organizer shall be notified of the
potential or actual deactivation and an opportunity to cure the breach. If the violation is
cured promptly and to goEasy’s satisfaction, the Ride Organizer’s account on the Platform
shall not be permanently deactivated. Ride Organizer may not use the Platform after their
account has been deactivated unless expressly authorized by goEasy. All Sections shall
survive any termination or expiration of this Agreement, unless stated otherwise.
- GOVERNING LAW AND DISPUTE RESOLUTION
8.1 Dispute Resolution. If any claims, disputes, or other matters (collectively, a “Dispute”) arise
out of or relate to this Agreement or its breach, and the parties are unable to resolve the
matter through direct discussions, they agree to first attempt resolution through
mediation. The mediation will be resolved in accordance with the Alternative Dispute
Resolution (“ADR”) Rules of the ADR Organization (“ADR Organization”). However, if any
ADR Rules are inconsistent with the procedures for mediation and arbitration stated in
Section 8, the procedures in this Section 8 will control. If the dispute remains unresolved
after mediation, any remaining controversy or claim arising out of or relating to this
contract, or its breach, shall be settled by arbitration administered in accordance with its
Commercial Arbitration Rules. Judgment on the arbitrator’s award may be entered in any
court with appropriate jurisdiction.
8.2 Mediation. All claims, disputes, and other matters in controversy between the goEasy and
the Ride Organizer arising out of or pertaining to this Agreement shall be submitted for
resolution by non-binding mediation conducted under the auspices of the Commercial
Mediation Rules of the ADR in effect at the time that a written Demand for Mediation is
filed. The commencement and completion of mediation proceedings pursuant to the
foregoing are conditions precedent to either goEasy or the Ride Organizer commencing
arbitration proceedings.
a. The Parties shall mutually select a neutral mediator. If the Parties cannot agree
within ten (10) days, the mediator shall be appointed by the ADR Organization.
b. The mediation shall be held in King County, Washington, in a venue or manner
mutually agreed upon by the Parties, in accordance with and under the then-
current provisions of the rules of the ADR Organization, except as otherwise
provided herein.
c. The mediation will start within 15 days after the selection of the mediator and
conclude within 30 days after the start of the mediation.
d. Expenses of the mediation will be allocated to the Parties as mutually agreed by
them as part of the mediation.
e. No arbitration may be commenced unless mediation has been attempted in good
faith and has not resolved the Dispute within thirty (30) days of initiation, unless
both Parties mutually waive the mediation requirement in writing. If the Parties
fail to agree at the completion of the mediation, arbitration procedures may
commence stated in Section 8.3)
8.3 Arbitration. Claims, disputes or other matters in question between the parties to this
Agreement arising out of or relating to this Agreement or breach thereof which are not
resolved through the mandatory mediation procedures set forth above shall be resolved
by binding arbitration The parties shall promptly submit any dispute, claim, or controversy
arising out of or relating to this Agreement (including with respect to the meaning, effect,
validity, termination, interpretation, performance, or enforcement of this Agreement) or
any alleged breach thereof (including any action in tort, contract, or otherwise), to binding
arbitration before one arbitrator (the “Arbitrator”). Binding arbitration shall be the sole
means of resolving any dispute, claim, or controversy arising out of or relating to this
Agreement (including with respect to the meaning, effect, validity, termination,
interpretation, performance or enforcement of this Agreement) or any alleged breach
thereof (including any claim in tort, contract, or otherwise).
a. If the parties cannot agree upon the Arbitrator, the Arbitrator shall be selected by
the King County, Washington chapter of the ADR Organization upon the written
request of either side. The Arbitrator shall be selected within thirty (30) days of
such written request.
b. The laws of the State of Washington shall apply to any arbitration hereunder. In
any arbitration hereunder, this Agreement shall be governed by the laws of the
State of Washington applicable to a contract negotiated, signed, and wholly to be
performed in the State of Washington, which laws the Arbitrator shall apply in
rendering their decision. The Arbitrator shall issue a written decision, setting forth
findings of fact and conclusions of law, within sixty (60) days after they have been
selected. The Arbitrator shall have no authority to award punitive or other
exemplary damages.
c. The arbitration shall be held in King County, Washington, in accordance with and
under the then-current provisions of the rules of the ADR Organization, except as
otherwise provided herein.
d. On application to the Arbitrator, any party shall have rights to discovery to the
same extent as would be provided under the Federal Arbitration Act (9 U.S.C. § 1
et seq.), the Federal Rules of Civil Procedure, and the Federal Rules of Evidence
shall apply to any arbitration under this Agreement; provided, however, that the
Arbitrator shall limit any discovery or evidence such that their decision shall be
rendered within the period referred to in Section 8.3(b).
e. The Arbitrator may, at their discretion and at the expense of the party who will
bear the cost of the arbitration, employ experts to assist them in their
determinations.
f. The costs of the arbitration proceeding and any proceeding in court to confirm any
arbitration award (including actual attorneys’ fees and costs), shall be borne by
the unsuccessful party and shall be awarded as part of the Arbitrator’s decision,
unless the Arbitrator shall otherwise allocate such costs in such decision. The
determination of the Arbitrator shall be final and binding upon the parties and not
subject to appeal.
g. Any judgment upon any award rendered by the Arbitrator may be entered in and
enforced by any court of competent jurisdiction. The parties expressly consent to
the non-exclusive jurisdiction of the courts (Federal and State) in King County,
Washington, to enforce any award of the Arbitrator or to render any provisional,
temporary, or injunctive relief in connection with or in aid of the arbitration. The
parties expressly consent to the personal and subject matter jurisdiction of the
Arbitrator to arbitrate any and all matters to be submitted to arbitration
hereunder.
h. The parties shall indemnify the Arbitrator and any experts employed by the
Arbitrator and hold them harmless from and against any claim or demand arising
out of any arbitration under this Agreement, unless resulting from the gross
negligence or willful misconduct of the person indemnified.
8.4 Class-Arbitration Waiver. Arbitration is handled on an individual basis. If a dispute is
arbitrated, Ride Organizers expressly waive any right to participate as a class representative
or class member on any class claim Ride Organizers expressly may have against goEasy or
goEasy against Ride Organizers expressly, or as a private attorney general or in any other
representative capacity, to the maximum extent permitted by law. Parties also waive any
right to participate in any class or representative action in any form, including any class
arbitration, or any consolidation of individual arbitrations.
8.5 Small Claims Court Option. As an alternative to arbitration, Ride Organizer may bring an
individual case in King County, Washington, if Ride Organizer meets the court’s
requirements, so long as it remains an individual case in that court. Ride Organizers may,
but are not required to, mail a Notice of Dispute to goEasy and give us sixty (60) days to
resolve the dispute before filing in small claims court.
8.6 Jury Waiver. Ride Organizers agree that, by entering into this agreement, the Parties are
each waiving the right to a trial by jury or to participate in a class action or to sue in court
(other than an individual action in small claims court as described herein).
8.7 Opt-Out Right. If required by applicable law, Ride Organizers may opt out of arbitration
within thirty (30) days of first accepting these Terms by sending written notice to goEasy’s
designated legal address. Opting out of arbitration does not opt out of mediation.
8.8 Continued Service During Dispute. Unless prohibited by law, goEasy is not required to
continue providing Services during a pending Dispute.
8.9 Governing Laws. These Terms and all Disputes shall be governed by and construed in
accordance with the laws of the State of Washington, without regard to its conflict-of-law
principles, except that the Federal Arbitration Act governs the interpretation and
enforcement of the arbitration provisions.
8.10 This arbitration section shall survive the termination of this Agreement.
- MISCELLANEOUS
9.1 Notices. All notices, requests, and other communications to any Party hereunder shall be
in writing (including email) to the addresses or emails listed below or to such other address
or email addresses, phone number, and with such other copies as such Party may hereafter
specify for the purpose by notice to the other Party delivered in accordance with this
Section. Each such notice, request, or other communication shall be effective: (a) on the
day delivered (or if that day is not a business day, or if delivered after 5:00 p.m. Pacific
Standard Time on a business day, on the first following day that is a business day) when (i)
delivered in person or (ii) sent by overnight courier; (b) on the day when transmittal
confirmation is received if sent by email (or if that day is not a business day, or if after 5:00
p.m. Pacific Standard Time on a business day, on the first following day that is a business
day); or (c) if provided by any other means, upon receipt.
To contact goEasy: To contact Ride Organizer: To contact Driver:
Attn: goEasy Operations
Team
Email: contact@goEasy.kids
Contact information as
provided in the Ride
Organizer’s Account
registration on the Platform
Contact information as
provided in the Driver’s
Account registration on the
Platform
9.2 Amendments; Waivers. Any provision of this Agreement may be amended by goEasy with
notice to Ride Organizer, at any time, and is deemed accepted by Ride Organizer by lack of
termination pursuant to the time frame provided in Section 7.1 of this Agreement,
acceptance of the terms after such amendment is announced. No failure or delay by either
Party in exercising any right, power, or privilege under this Agreement shall operate as a
waiver thereof, nor shall any single or partial exercise thereof preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege. Except as otherwise
provided herein, no action taken according to this Agreement, including any investigation
by or on behalf of any Party, shall constitute a waiver by the Party taking such action of
compliance with any representations, warranties, covenants, or agreements contained in
this Agreement. Any term, covenant, or condition of this Agreement may be waived at any
time by the Party entitled to the benefit thereof, but only by a written notice agreed to by
such Party expressly waiving such term or condition. The waiver by any Party of a breach
of any provision hereunder shall not operate or be construed as a waiver of any prior or
subsequent breach of the same or any other provision.
9.3 Assignment: Successors and Assigns. Except as outlined in this Agreement, this Agreement
shall not be assignable by Ride Organizer, and any such purported assignment is null and
void (such consent not to be unreasonably withheld). goEasy may assign this Agreement
without any prior notice or approval.
9.4 Entire Agreement. This Agreement constitutes the entire agreement between the Parties
with respect to the subject matter hereof. It supersedes all prior agreements,
understandings, and written and oral negotiations between the Parties for the subject
matter hereof.
9.5 Force Majeure. Neither Party shall be liable for any loss or damage whatsoever arising out
of any delay or failure in the performance of its obligations under this Agreement to the
extent such delay or failure results from events beyond the control of such Party, including
acts of God, acts or regulations of any governmental authority, war, accident, pandemic,
fire, flood, strikes, industrial disputes or shortages of fuel.
9.6 Severability. Any provision of this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions of this Agreement or
affecting the validity or enforceability of such provision in any other jurisdiction. The
application of such invalid or unenforceable provision to persons or circumstances other
than those as to which it is held invalid or unenforceable shall be valid and be enforced to
the fullest extent permitted by applicable law. To the extent any provision of this
Agreement is determined to be prohibited or unenforceable in any jurisdiction, goEasy and
Ride Organizer agree to use commercially reasonable efforts to substitute one or more
valid, legal, and enforceable provisions that, as far as practicable, implement the purposes
and intent of the prohibited or unenforceable provision.
9.7 Third-Party Beneficiaries. Except as expressly provided herein, nothing expressed or
implied in this Agreement is intended, or shall be construed, to confer upon or give any
person other than the Parties and their successors or permitted assigns any rights,
remedies, obligations, or liabilities under or because of this Agreement or result in such
person being deemed a third-party beneficiary of this Agreement.
9.8 Changes to This Agreement. goEasy reserves the right, at our sole discretion, to modify or
replace these Terms at any time. We will provide at least 2 weeks' notice before any new
terms take effect. By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms.
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