Last Revised: August 2, 2021
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS RELEASES, WAIVERS, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. IT ALSO SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. CAPITALIZED TERMS HAVE THE MEANINGS GIVEN TO THEM WHERE DEFINED IN THIS AGREEMENT.
THE SERVICES PROVIDED BY REVEL TRANSIT INC. (“REVEL”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. BY EITHER ACCEPTING THIS AGREEMENT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to Revel Rideshare!
Revel’s Rideshare service is an on-demand service providing customers with for-hire transportation in Revel’s all-electric fleet, driven by Revel employees. In order to access the Rideshare Services, you will first need to become a Member. To become a Member, download and register in the App, which can be found on Google Play or the Apple App Store. You will need a valid credit or debit card to register.
HERE ARE THE DEFINITIONS WE USE IN THIS AGREEMENT:
“Agreement” means this Rideshare User Agreement, Waiver of Liability, and Release.
“App” or “Revel App” means Revel’s proprietary software application, which can be downloaded from Google Play and the Apple App Store and accessed with a mobile device.
“Driver” means a Revel employee who operates a Vehicle in connection with the Rideshare Services.
“Effective Date” means the date on which you accept the terms of this Agreement.
“Member” means a person who meets the eligibility criteria described in Section 2.01 below and has been approved by Revel for Membership and is therefore eligible to access the Rideshare Services.
“Member Account” means an App-based portal used by Members to access the Rideshare Services.
“Membership” means a revocable, non-exclusive, nontransferable right to use Revel’s Rideshare Services subject to this Agreement.
“Reservation” means a request submitted by a Member through the App for for-hire transportation service in connection with the Rideshare Services.
“Ride” means a trip taken by a Member in a Vehicle pursuant to a Reservation and in connection with the Rideshare Services.
“Rideshare Services” means the for-hire transportation services and all related or supporting functions or services, including but not limited to Reservations, Rides, dispatching services, trip fulfillment, invoicing, Drivers, Vehicles and Vehicle maintenance, Supplemental Equipment, and customer support, provided by Revel pursuant to the Legal Terms.
“Service Area” means the geographic area in which Rideshare Services are provided by Revel, as described in the App, the Site, or in this Agreement. The current Service Area can be found on the Site, here.
“Site” means Revel’s web site (located at gorevel.com) operated by Revel and pertaining to the Services.
“Supplemental Equipment” means the in-car passenger screen, infant safety seat, and any other equipment located within or appurtenant to a Vehicle.
“Term” means the time period from the Effective Date and while the Membership is active and in good standing, not suspended, and not otherwise terminated as described herein and in your application, including any renewals as applicable.
“Vehicle” means the electric vehicles used by Revel to facilitate for-hire transportation for Members as part of the Rideshare Service, pursuant to the Legal Terms.
2.0 Rideshare Services; this Agreement.
2.01 Eligibility. Before you may use the Rideshare Service, you must first become a Member by applying for Membership through the App. To do so, you must:
(a) Obtain at your own expense all necessary equipment and services needed to use the Revel App (including a mobile device and wireless service). Charges from your wireless carrier or communication service are not Revel’s responsibility. Revel makes no guarantees that the App can be accessed by all wireless devices or service plans or that it will be available in all locations;
(c) Provide Revel with a valid credit or debit card number, billing zip code, and expiration date;
(d) Provide Revel with a valid phone number for purposes of verifying your identity;
(e) Provide Revel with a valid email address;
Satisfaction of the application criteria in this Agreement does not automatically grant the right to a Membership, and Membership criteria and the application process may be changed by Revel from time to time in its sole discretion. Applications are subject to final approval by Revel in its sole discretion.
2.03 Changes to Agreement. Revel may edit and revise this Agreement in its sole discretion at any time, so Members should check the Agreement on the Site periodically. Revel will promptly send Members notice of any material changes by email to the address provided by the Member during registration, by notification through the App, or by other means. Revel will post the revised Agreement on the Site and/or on the App. The revised Agreement is effective the moment the new version is sent to the Member by email or uploaded to the Site or App, unless otherwise indicated. Use of the Services after revision to the Agreement qualifies as acceptance by Member of the new Agreement.
2.04 Duration of Agreement. This Agreement shall be in force between Revel and you from the Effective Date through the duration of the Term, subject to the provisions of Section 11.07.
2.05 Termination of Membership.
Termination by Revel. Revel may terminate this Agreement and any Membership upon notice to Member at any time with or without cause. Without limiting the foregoing, Revel may immediately terminate this Agreement and any Membership, at its sole discretion and without notice, if the Member:
2.06 Availability. The Rideshare Services are available to Members subject to the limitations specified herein and to any changes to the availability of the Rideshare Services that Revel may make from time to time in its sole discretion. The Rideshare Services are only available within the Service Area. Revel makes every effort to provide the Rideshare Services 365 days per year but does not guarantee that the Rideshare Services will be available at all times, as weather conditions, unforeseen events or other circumstances might prevent Revel from providing the Rideshare Services. Revel does not represent or warrant the availability of any Rideshare Services.
From time to time, availability of the Rideshare Services may be subject to a waitlist. In such instances Member may sign-up for the waitlist and Company will notify Member if the Rideshare Services become available for Member’s use.
2.07 Vehicle and Supplemental Equipment is the Exclusive Property of Revel or its Licensor(s). Member agrees that the Vehicle and Supplemental Equipment at all times remain the exclusive property of Revel and/or its licensor(s). Member must not damage, deface, dismantle, or otherwise modify the Vehicle or Supplemental Equipment in any way. Member must not write on, peel, or otherwise modify or deface any sticker or signage on any Vehicle or Supplemental Equipment in any way.
2.09 Safety. Member agrees that during the utilization of the Rideshare Services, including during any Reservation or Ride, Member will refrain from conduct that jeopardizes the safety of Member, any Driver, or any other passenger. Member agrees to exercise caution while utilizing the Rideshare Services and observe all reasonable safety precautions, including wearing a seat belt during a Ride. Revel and all other Released Persons do not represent or warrant the quality or safety characteristics of any Vehicle or Supplemental Equipment, and Member agrees that none of the Released Persons is liable for any injury or illness suffered by Member and/or any passenger while utilizing the Rideshare Services. Member assumes all risk for themselves and for any passengers of not wearing a seat belt or observing other reasonable safety precautions.
2.10 Reservations, Rides, and Destination Requests. Member may request Reservations and Rides pursuant to the Rideshare Services solely within the App. Drivers are not permitted to and will not accept street hails or other requests made outside of the App. Member may set the pick-up and drop-off locations of any Ride solely within the App. Any changes to the requested drop-off location after a Ride has begun must be made within the App. Drivers are not permitted to and will not accept destination change requests made outside of the App, including verbally.
2.11 Wheelchair Accessible Vehicles. Revel is committed to equitable access to transportation. In order to service requests for wheelchair accessible videos, Revel may from time to time contract with third parties to fulfill such requests (“Third Party WAV Providers”). Third Party WAV Providers are not otherwise affiliated with Revel, and drivers of vehicles dispatched by Third Party WAV Providers are not employees of Revel. By executing this Agreement, Member understands and agrees that Revel does not control and will have no liability for the actions of Third Party WAV Providers.
3.0 Charges for the Rideshare Services.
3.01 Charges. As a Member, you understand that a request for, or use of, the Rideshare Services will result in charges to you (“Charges”). Charges for the Rideshare Services include the base fare and other applicable fees, tolls, surcharges and taxes, plus any tips to the driver that you elect to pay. Revel has the authority and reserves the right to determine and modify pricing by quoting you a price for a specific ride at the time you make a request. You are responsible for reviewing the quoted price within the App and will be responsible for all Charges incurred by your Membership account regardless of your awareness of such Charges or the amounts thereof.
3.02 Types of Charges.
3.03 Payment. Member represents and warrants to Revel that Member is authorized to use any credit or debit card Member furnishes to Revel. Member authorizes Revel to charge the card for all Charges incurred by Member, and to transmit Member’s credit card information to Revel’s third-party vendors for the sole purpose of processing such charges. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Revel. All fees and costs are due when they are incurred, including but not limited to Charges and Cancellation Fees, Damage Fees, or Tolls. Temporary or prepaid credit/debit cards are not an acceptable form of payment.
3.04 Pre-Authorization. Revel may place a temporary hold on your credit/debit card before a ride to verify that your payment information is still valid, or in certain instances to verify that your credit/debit card has the necessary funds to cover Revel’s fees and costs. Pre-authorization is not a charge to your account, it is a hold on those funds. Once your actual charge is posted to your account it can take up to thirty (30) days for the original pre-authorization to be removed by your bank. It is your responsibility to be aware of how your bank handles your transactions, including pre-authorizations.
3.05 Disputed Charges. If Member disputes any charge on Member’s credit or debit card account, then Member must contact Revel within thirty (30) days of the date of the disputed charge and provide to Revel all information that is necessary to identify the disputed charge or any cancellation information associated with the disputed charge. If no notice is given by Member to Revel within the foregoing thirty (30) day period, the charge will be final.
3.06 Delinquent Accounts. Members are billed for amounts due via credit/debit card, or other means as established by Revel. Any Charges, Cancellation Fees, Damage Fees, Tolls or other amounts which are past due may result in suspension or termination of Member’s account and/or use of the Rideshare Services by Revel in its sole discretion. If payment of any amount due is rejected by the credit/debit card provided by Member, Revel may suspend or terminate Member’s account and/or use of the Services, in Revel’s sole discretion. Members are responsible for providing and maintaining current credit/debit card information on file with Revel. Ongoing issues with credit/debit card billings may result in termination of Membership. Under no circumstances will Revel be responsible for any overdraft or other fees charged by a Member’s credit/debit card bank. In addition, Revel may engage third parties to collect amounts owed to Revel by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. Revel also reserves the right to charge interest on overdue charges at the lesser of the rate of 1.5% per month or the highest rate allowable by applicable law.
3.07 No Refunds. Except as set forth above under “Disputed Fees”, once charged all fees are final and nonrefundable.
4.0 Member Responsibilities.
4.02 Restricted Activities. With respect to your use of the Revel Platform and your participation in the Rideshare Services, you agree that you will not:
5.0 Indemnification; Limitation of Liability.
5.01 Indemnification. Member agrees to indemnify, defend, and hold Revel, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively referred to herein as “Company”) harmless from and against all damages, losses, claims, liabilities, injuries, demands, costs, and expenses of any kind (including but not limited to reasonable attorneys’ fees) (collectively, “Losses”) incurred by Revel arising out of, resulting from, or related to Member’s use of the Rideshare Services.
5.02 LIMITATION OF REVEL’S LIABILITY. Except to the extent any loss or damage is ultimately determined to be due SOLELY to Revel’s gross negligence or willful misconduct:
NEITHER REVEL, NOR ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “REVEL” FOR PURPOSES OF THIS SECTION), WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF MEMBER’S USE OF THE RIDESHARE SERVICES OR THIS AGREEMENT. REVEL MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE VEHICLES UTILIZED IN THE RIDESHARE SERVICES OR THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE RIDESHARE SERVICES IS AT YOUR SOLE RISK.
6.0 DISCLAIMERS; RELEASES; ASSUMPTION OF RISK
6.01 Disclaimer. The following disclaimers are made on behalf of Revel, our affiliates, subsidiaries, successors and assigns, and each of our respective officers, directors, employees, agents and shareholders:
6.02 Release and Assumption of Risk. In exchange for Member being allowed to use the Rideshare Services, Member agrees to fully release, indemnify, and hold harmless Revel and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any sponsor of any of the Rideshare Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Member’s use of the Rideshare Services, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims.
“Claims” means, for purposes of this Section 6.0, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, illness, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Rideshare Services or this Agreement or (b) Member’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Member’s use of any of Revel’s Rideshare Services, Revel and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Revel, the Released Parties, or any other party. Member hereby expressly waives any claims against the Released Parties or any other party which Member does not know or suspect to exist in his or her favor at the time of use of the Rideshare Services, and expressly waives Member’s rights under any statutes that purport to preserve Member’s unknown claims.
The Rideshare Services are provided “as is” and “as available,” and Member relies on them at Member’s own risk. Member is aware that Member’s use of any of the Rideshare Services involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury, illness, or death to Member or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. By executing this Agreement and utilizing the Rideshare Services, Member hereby acknowledges and assumes these risks and releases Revel and the Released Parties from any liability in connection therewith.
7.0 MEMBER ACCEPTANCE OF AGREEMENT
By filing an application for Membership, you hereby certify the following:
9.0 DISPUTE RESOLUTION
We are committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this section.
Initial Dispute Resolution
You agree to give us an opportunity to resolve any dispute or claim relating to the Platform or your use of (including access to) the Platform, any dealings with our customer service representatives, any concern regarding any services or products provided, any representations made by us, any statement displayed on our Platform, or in any of our Legal Terms (for purposes of this section, “Claim”) by contacting Revel customer support at 855-690-9180.
Most concerns may be quickly resolved in this manner. Each of you and Revel agrees to use best efforts to settle any such Claim through consultation and good faith negotiations, and this consultation and negotiations shall be a precondition to either initiating a lawsuit or arbitration. If we are not able to resolve your Claim within sixty (60) days from the time the information dispute resolution is pursued pursuant to this clause, you may seek relief through arbitration or in small claims court, as set forth below.
Agreement to Binding Arbitration
If we do not reach an agreed upon solution pursuant to the clause immediately above, then the sole recourse for either party is to initiate binding arbitration pursuant to the following:
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THE LEGAL TERMS, OR YOUR USE OF (INCLUDING ACCESS TO) THE PLATFORM, THE RIDESHARE SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce the Legal Terms as a court would.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Platform shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Revel customer support at email@example.com.
If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Each party will have the right to use legal counsel in connection with arbitration at its own expense.
The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator’s decision will follow the provisions of the Legal Terms and will be final and binding.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration. You will not be required to pay fees and costs incurred by Company if you do not prevail in arbitration.
Conducting of the Arbitration
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of the Legal Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Legal Terms, including, but not limited to, any claim that all or any part of the Legal Terms is void or voidable.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action and Class Arbitration Waiver
You and Revel further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Revel each expressly waive your respective right to file a class action or seek relief on a class basis.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Waiver of Jury Trial; Exclusive Venue for Litigation
To the extent that the arbitration clause set forth above does not apply, and a Claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Further, each party agrees that any litigation between them for disputes arising out of Company’s provision of Rideshare Services shall be filed exclusively in state or federal courts located in New York County, NY, except for small claims court actions which may be brought in New York County, NY or in the county where you reside.
Notwithstanding any of the foregoing, nothing in the Legal Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
10.0 CHOICE OF LAW
The interpretation of the Legal Terms shall be construed in accordance with the laws of the United States (including the Federal Arbitration Act) and the State of New York, U.S.A., without regard to its principles of conflicts of law or the U.N. Convention on Contracts for the International Sale of Goods.
11.01 Revel reserves the right to change or amend the Rideshare Services at any time, or deny the Rideshare Services to a Member for any reason.
11.02 No waiver by Revel of any of the provisions hereof is effective unless set forth in writing and signed by Revel.
1.05 Unless stated otherwise, all remedies hereunder shall be in addition to any other remedies available to either party at law or in equity.
11.06 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
11.07 Provisions of these terms that by their nature should apply beyond the Term will remain in force after any termination or expiration of this Agreement.
11.08 This Agreement may only be amended or modified by Revel’s in its sole discretion.
11.09 This Agreement, and any rights hereunder may not be transferred or assigned by the Member without Revel’s express written consent, which may be granted in Revel’s sole discretion.
11.10 This Agreement is binding upon the parties hereto and their permitted successors and assigns.
11.11 Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for Member’s payment obligations.
11.12 This Agreement, including all terms incorporated herein by reference constitutes the entire agreement between the parties hereto regarding the subject matter hereof.
11.13 Member acknowledges and agrees that Member has not relied upon any promise, representation, or warranty, either express or implied, not contained herein.
11.14 In the event of a conflict between the terms of this Agreement and any other document referenced herein, the terms of this Agreement shall govern.
11.15 Member agrees that execution of this Agreement and the Legal Terms by Member constitutes a transaction or transactions involving commerce, as that phrase is defined in and for purposes of the Federal Arbitration Act, 9 U.S.C. § 1, et seq.