ET World Systems LLC Terms of Use  

Last Modified: November 8, 2021

Acceptance of the Transaction Terms and Terms of Service

These Terms of Use include Terms of Service and Transaction Terms and are collectively referred to as “Terms”. These Terms are entered into between you and ET World Systems LLC (“we,”  “us”, or “our”). The Terms, together with any documents they expressly incorporate by reference, govern your access to and use of the ET Transport application for mobile devices, including any content, functionality, and services offered on or through such application (the “App”).

Please read these Terms carefully before you download, install, or use the App. By downloading, installing, and using the App, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://etride8.com/privacy-policy-2/, incorporated into these Terms by reference. If you do not agree to these Terms or the Privacy Policy, do not download, install, or use the App.

The App is hosted by us. We own and operate the App on our own behalf.

Changes to the Terms

We may change these Terms from time to time at our sole discretion, without notice. All changes are effective immediately when we post them and apply to all access to, and use of, the App after the posting. However, any changes to the dispute resolution provisions in Governing Law will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App.

Your continued use of the App following the posting of changes to these Terms means that you accept and agree to those changes. You are expected to check this page periodically for changes to these Terms since they are binding on you.

Transaction Terms

Online Transactions

All purchases through the App or other transactions formed (a) through the App, (b) resulting from visits made by you to the App, or (c) by contacting us through any other method, is governed by the following Transaction Terms.

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TRANSACTION TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY ENTERING INTO TRANSACTIONS, WHETHER FROM THIS APP OR SOME OTHER METHOD, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU ACCEPT AND ARE BOUND BY THESE TRANSACTION TERMS. FURTHER, YOU REPRESENT THAT IF YOU ENTER INTO A TRANSACTION ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR COMPANY TO THESE TRANSACTION TERMS.

YOU MAY NOT ENTER INTO TRANSACTIONS WITH US IF YOU (A) DO NOT AGREE TO THESE TRANSACTION TERMS, (B) ARE NOT THE OLDER OF (i) 18 YEARS OF AGE, OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS APP, OR ENTERING INTO A TRANSACTION THROUGH SOME OTHER METHOD, BY APPLICABLE LAW.

Transaction Acceptance and Cancellation.

(a) You agree that any transaction you enter into with us through this App or otherwise will be in accordance with these Transaction Terms. A transaction must be accepted by us or we will not be obligated to enter into that transaction. We may choose not to accept a transaction in our sole discretion, even after we send you an email confirming such transaction.

(b) We reserve the right to refuse or cancel any transaction you enter into with us. We may, in our sole discretion, limit a transaction entered into with us. If we make a change to or cancel a transaction, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the transaction was entered into.

Prices and Payment Terms.

(a) All prices, discounts, and promotions, whether posted on the App or otherwise, are subject to change without notice. The price charged for a service will be in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. We strive to provide accurate price information. However, we may, on occasion, include inadvertent typographical errors, inaccuracies, or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any transactions arising from such occurrences.

(b) From time to time, we may offer promotions that may affect pricing and that are governed by terms and conditions separate from these Transaction Terms. If there is a conflict between these promotion terms and conditions and these Transaction Terms, the promotion terms and conditions will govern.

(c) Terms of payment are within our sole discretion. We accept credit cards listed on our App for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Warranty and Disclaimers.

 We do not provide or control any of the services offered by third parties, if any, on our App or otherwise. The availability of services through our App or otherwise does not indicate an affiliation with or endorsement of any service or service provider. Accordingly, we do not provide any warranties with respect to such services.

EXCEPT AS SET FORTH IN THIS SECTION, ALL SERVICES OFFERED THROUGH THE APP ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability. 

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY TO YOU, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US FOR ANY CAUSE WHATSOEVER, IS LIMITED TO THE LESSER OF (A) THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED BY US, OR (B) THE COVERAGE LIMIT OF OUR ERRORS AND OMISSIONS INSURANCE POLICY.

Confidentiality. 

You agree to keep and maintain as confidential any scientific, technical, formulation, process, manufacturing, clinical, non-clinical, regulatory, marketing, financial, or commercial information or data relating to our business, projects, employees, or products.

Force Majeure. 

We will not be liable or responsible to you, nor be deemed in breach of these Transaction Terms, for any failure or delay to perform under these Transaction Terms where such failure or delay is caused by, or results from, acts or circumstances beyond our reasonable control. Acts or omissions beyond our reasonable control include, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability to obtain or delay in obtaining, supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction. 

This Site is operated from the United States. All matters arising out of or relating to these Transaction Terms are governed by and construed in accordance with the internal laws of Georgia, the United States without giving effect to any conflict of law provision that would cause the application of the laws of any jurisdiction other than those of Georgia, the United States to apply.

Dispute Resolution and Binding Arbitration.

YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE. CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS APP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN ATLANTA, GEORGIA.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Assignment. 

You cannot assign any of your rights or delegate any of your obligations under these Transaction Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers. 

The failure by us to enforce any right or provision of these Transaction Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by an authorized representative of ET World Systems LLC.

No Third-Party Beneficiaries. 

These Terms do not and are not intended to, confer any rights or remedies upon any person other than you.

Notices.

(a) To You. We may provide any notice to you under these Transaction Terms by (i) sending a message to the email address you provide or (ii) posting to the App. Notices sent by email are effective when sent. Notices we provide by posting are effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Transaction Terms, you must contact us as follows: (i) by email to support@etride8.com; or (ii) by overnight courier or registered or certified mail to ET World Systems LLC 289 Jonesboro Road, Ste 171, McDonough, GA 30253. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability. 

If any provision of these Transaction Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Transaction Terms and will not affect the validity or enforceability of the remaining provisions of these Transaction Terms.

Terms of Service

Accessing the App and Account Security

We may withdraw or change the App, and any service, feature, or material we provide on the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, you will be personally notified if your account will be restricted.

We do not warrant that the App will be compatible with all hardware and software which you may use. We are not liable for damage to, or viruses, or other code that may affect, any equipment (including but not limited to your mobile device), software, data, or other property as a result of your download, installation, access to, or use of the App, or your obtaining of any material from, or as a result of using, the App. We are also not liable for the actions of third parties.

You are responsible for:

• Making all arrangements necessary for you to access the App; and
• Ensuring that all persons who access the App through your internet connection are aware of these Terms of Service and comply with them.

To download, install, access, or use the App, you must be 18 years of age or over. If you are under 18, and you wish to download, install, access, or use the App, you must get consent from your parent or guardian before doing so. To access the App or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide on this App or otherwise, including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy  and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat your username, password, and any other item of information which is part of our security procedures as confidential, and you must not disclose them 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 any portion of this App using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Use 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 may disable any username, password, or other identifiers, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App, you will require Internet connectivity and appropriate telecommunication links. We will not have any responsibility or liability for any telephone or other costs you may incur.

Intellectual Property Rights

The App, including 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 us, our licensors, or other providers of such material, and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the App 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 the App (the “Materials”), except as follows:

• Your mobile device may temporarily store copies of the Materials in RAM incidental to your accessing and viewing of those Materials.
• You may store files that are automatically cached by your mobile device browser for display enhancement purposes.
• You may download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop applications for download, you may download a single copy to your computer solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by these features.

You must not:

• Modify copies of any Materials.
• 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 the Materials.
• Access or use for any commercial purposes any part of the App or any services or the Materials available through the App.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of these Terms of Service, your right to use the App will end 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 App, or any content on the App, is transferred to you. All rights not expressly granted to you under these Terms of Service are reserved by the Company. Any use of the App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

Our name, our trademarks, and all related names, logos, product and service names, designs, and slogans, are trademarks of ours or our licensors. You must not use these marks, names, logos, product and service names, designs, and slogans without our prior written permission. All other marks, names, logos, product and service names, designs, and slogans on the App are trademarks of their respective owners.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Service. You agree not to use the App:

• 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 U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive upload, download, use, or re-use any material that does not comply with the Content Standards.
• To transmit or procure the sending of, any advertising or promotional material without the Company’s prior written consent including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate, or attempt to impersonate, our company, our 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 App, or which, as determined by us, may harm our company or users of the App, or expose them to liability.

Additionally, you agree not to:

• Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, including their ability to engage in real-time activities through the App.
• Use any robot, spider, or other automatic devices, process, or means to access the App for any purpose, including monitoring or copying any of the Material on the App.
• Use any manual process to monitor or copy any of the Materials, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the App.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
• Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
• Copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by the licensing terms governing the use of any open-sourced components included with the App (if any)

• Otherwise attempt to interfere with the proper working of the App.

User Contributions

The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App.

All User Contributions must comply with the Content Standards in these Terms of Service.

Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our licensees, successors, and assigns a right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

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 service providers, and each of their respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that (a) you are responsible for any User Contributions you submit or contribute, and (b) you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution (a) violates the Terms of Service, including the Content Standards, (b) infringes any intellectual property right or other rights of any person or entity, (c) threatens the personal safety of users of the App or the public, or (d) could create liability for us.
• 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 App.
• Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the bullet-point material above, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS US, OUR LICENSORS AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we (a) cannot, and do not, undertake to review material before it is posted on the App, and (b) cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Service and our Privacy Policy: https://etride8.com
• Be likely to deceive any person.
• Promote any illegal activity or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Copyright Infringement

If you believe that any User Contributions violate your copyright, email us at support@etride8.com for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

Reliance on Materials Posted

The materials presented on or through the App are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the Materials. Any reliance you place on the Materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

This App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any Materials provided by any third parties.

Changes to the App

We may change or update the App, and anything described in it, without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely. We may also change the Materials on this App from time to time, but these Materials are not necessarily complete or up to date. Any of the Materials on the App may be out of date at any given time, and we are under no obligation to update such Materials.

Independence from Mobile Platforms

As used in these Terms of Service, “Mobile Platform” means a platform operated by a third party (e.g., the “App Store” operated by Apple, or “Google Play” operated by Google), where you may access and download the App to your mobile device. The App is independent of any Mobile Platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any Mobile Platform operator, including, without limitation, Apple, Google, or Android (each being an “Operator”).

The following terms apply to the Mobile Platform from which you access and download the App:

• Your download, installation, access to, or use of, the App is also bound by the terms and conditions of the Operator.
• You and we acknowledge that these Terms of Service are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Service.
• The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Service.
• We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the App (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
• You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
• You and we acknowledge that, in the event of any third party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
• You must comply with any applicable third-party terms of agreement when using the App (e.g., you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).
• You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.

Purchases and In-App Purchases

• When you purchase the App or related services from a Mobile Platform, including subscriptions and in-app purchases (see below), the payment for such purchases may be processed either by third parties on our behalf or directly by the owner of the Mobile Platform. If You download the App from a Mobile Platform owner, before purchasing it, please ensure that you review and accept the terms and conditions of that Mobile Platform owner with regard to your rights to cancel orders and get related refunds.
• If our App is available on a subscription basis, subscriptions may be weekly, monthly, tri-monthly, semi-annual, annual, or seasonal. Payment for such subscriptions will be charged to your account on confirmation of the purchase. They may be processed by third parties acting on our behalf, or by the Mobile Platform owner. A subscription will automatically renew for the same price and duration period as the original subscription package was chosen by you, unless you turn off the auto-renew: (i) in case of the Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Your account will be charged for renewal within 24-hours prior to the end of the current subscription period (Apple), or at the end of the subscription period (Google) at the cost of the chosen package. You may manage subscriptions and turn off auto-renewal by going to the user’s account settings after the purchase. You can cancel the subscription at any time and the cancellation will take effect after the end of the last day of that subscription period. If our subscription service is offered on a free trial basis for a certain period of time, you may cancel the subscription during its free trial period via the subscription setting on your account. This must be done 24 hours before the end of the free trial subscription period (Apple), or at any time before the end of the free trial subscription period (Google), otherwise, it will be renewed as a paid subscription.
• We have no obligation to make available to You any updates, supplements, or subsequent versions of the App. We reserve the right to modify or discontinue any part of the services provided through the App in our sole discretion with or without prior notice. We may add or remove any features or functions of our App. If we release a new version of the App, or make new features available, we may request you to update the App installed on your mobile device. Such updates may occur automatically or with prior notice. In case of material updates, supplements, or a new version of App, we may also ask you to review and accept our new Terms of Service (applicable at that time) before you may install and start using the updated or new version of the App. If you do not agree with the terms and conditions of the new Terms of Service, you may not install or use the updated or new version of the App, and you must discontinue using the App or any related services, and you must uninstall and remove the App from your mobile device.Any obligations we may have to support the previous versions of the App will be ended upon the availability of material updates, supplements, or subsequent versions of the App.
• The App may contain specific rules, controls, and guidelines, which can be found within the App itself and which are related to the use of the App. Such rules, controls, and guidelines form a part of these Terms of Service and you agree that you will comply with them.
• The App may include in-app purchases that allow you to buy products, services, or subscriptions.
• More information about how you may be able to manage in-app purchases using your mobile device may be described in the Mobile Platform’s own terms and conditions or in your mobile device’s Help settings.
• In-app purchases can only be consumed within the App. If you make an in-app purchase, that in-app purchase cannot be canceled after it has been completed. In-app purchases cannot be redeemed for cash or other consideration or otherwise transferred.
• If any in-app purchase is not successfully completed, or does not work once it has been successfully completed, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you a patch to repair the fault.
  In no event will we charge you to replace or repair the in-app purchase. In the unlikely event that we are unable to replace or repair the relevant in-app purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the Mobile Platform to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting the Mobile Platform directly.
• You acknowledge and agree that all billing and transaction processes are handled by the Mobile Platform from where you downloaded or accessed the App and are governed by that Mobile Platform’s own terms and conditions.
• If you have any payment-related issues with the in-app purchases, you will need to contact the Mobile Platform directly.

Online Purchases and Other Terms and Conditions

All purchases through our App, or other transactions for the sale of goods or services formed through the App, or resulting from visits made by you, are governed by the Transaction Terms [Coming soon] and these Terms of Service.

Additional terms and conditions may also apply to specific portions, services, or features of the App. All such additional terms and conditions are hereby incorporated by reference into the Transaction Terms or these Terms of Service, as applicable.

Linking to the App and Social Media Features

You may link to our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link that suggests any form of association, approval, or endorsement by us.

This App may provide certain social media features that enable you to:

• Link from your own or certain third-party apps to certain content on this App.
• Send emails or other communications with certain content, or links to certain content, on this App.
• Cause limited portions of content on this App to be displayed or appear to be displayed on your own or certain third-party apps.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any App that is not owned by you.
• Cause the App or portions of it to be displayed on, or appear to be displayed on, any other site, for example, by framing, deep linking, or in-line linking.
• Link to any part of the App other than the homepage.
• Otherwise take any action with respect to the Materials on this App that is inconsistent with any other provision of these Terms of Service.

The App from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to end immediately. We may withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

We may provide you with access to third-party tools which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party apps linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such apps. Please carefully review the third party’s policies and practices and make sure that you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third party.

Geographic Restrictions

The owner of the App is based in Georgia in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

We operate the software underlying and required for your use of the App from the United States of America and it is possible that some downloads from the App could be subject to government export controls or other restrictions. If you download anything from or use the App, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible, or available for use outside the United States, and using the App from territories in which such use or the information available from such use is illegal, restricted, or not permitted, is expressly prohibited. If you choose to access or use the App from or in locations outside of the United States, you do so on your own initiative and are responsible for:

• Ensuring that what you are doing in that country is legal;
• The consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits, and authorizations (including any laws that relate to businesses providing services).
• All access to the App through your mobile device and for bringing these Terms of Service to the attention of all such persons.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App 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 App for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO (A) YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR (B) YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP (A) IS AT YOUR OWN RISK, AND (B) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE PRECEDING SENTENCE, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP (A) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THE APP OR THE SOFTWARE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM 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.

THE DISCLAIMERS IN THIS SECTION DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE APP, OR ANY APPS LINKED TO THE APP, OR (B) ANY CONTENT ON THE APP OR SUCH OTHER APPS TO WHICH THE DISCLAIMER OF DAMAGES IN THE PRECEDING SENTENCE APPLIES, INCLUDING, WITHOUT LIMITATION, (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND (II) CLAIMS FOR, WITHOUT LIMITATION, PERSONAL INJURY, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER SUCH CLAIMS WERE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You hereby release us, our officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App users.

Indemnification

You agree to defend, indemnify, and hold us, our affiliates, licensors, and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Service or your use of the App, (b) your User Contributions, (c) any use of the App’s content, services, and products other than as expressly authorized in these Terms of Service, or (d) your use of any information obtained from the App.

Termination

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our App. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Governing Law and Jurisdiction

All matters relating to the App and these Terms of Service, and any dispute or claim arising from, or related, to them (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of Georgia, the United States without giving effect to any choice or conflict of law provision or rule (whether of Georgia, the United States, or any other jurisdiction).

Any suit, action, or proceeding arising out of, or related to, these Terms of Service or the App must be instituted exclusively in the U.S. federal courts or the courts of Atlanta, Georgia, the United States. However, we may bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms of Service or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying the laws of Georgia, the United States.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM WILL BE PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition in these Terms of Service will be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent so that the remaining provisions of the Terms of Service will continue in full force and effect.

Personal Health Certification

In connection with using our ride services, whether as a rider or driver, you must self-certify that you will wear face masks throughout a ride, are symptom-free, and will follow CDC and local guidelines related to COVID-19. Specifically, you must confirm that:

• You will wear a face mask or covering.
• You will not ride or drive using our services if you have COVID-19, think you have it, or have related symptoms.
• You will keep vehicles clean and sanitize your hands frequently.
• You will leave windows open when possible and avoid recirculated air when possible.
• As a passenger, you will not ride in the front side.

If you do not agree to this personal health certification, you will be unable to use our ride services.

Entire Agreement

The Transaction Terms, Terms of Service, and our Privacy Policy constitute the sole and entire agreement between you and us regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

Your Comments and Concerns

This App is operated by ET World Systems, LLC, 289 Jonesboro Road, Ste 171, McDonough, GA 30253.

All other feedback, comments, requests for technical support, and other communications relating to the App must be directed to: support@etride8.com.