IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE SECTION ON DISPUTE RESOLUTION AND ARBITRATION.
Users must be at least eighteen (18) years old in order to use the website and our services. By using this website and our services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms. You also represent that you will use the website and our services in a manner consistent with any and all applicable laws and regulations. You understand that Haydash is an online platform where individuals may post listings for ride shares or for room shares. Users who learn about the ride shares and the accommodations made available by other users interact directly with the users who make the listings. HAYDASH is not a party to any agreements entered into between users. HAYDASH does not perform any vehicle inspections of Members of the site nor do we inspect any property or residences. HAYDASH has no control over the conduct of users of the site or Services and disclaims all liability in this regard to the maximum extent permitted by law. You understand that your relationship to HAYDASH is that of a user of the site and you are not an employee, agent, joint venturer or partner of HAYDASH and that you act on your behalf exclusively and not on behalf of or for the benefit of HAYDASH. HAYDASH does not control your listings on the site or any other offline activities associated with your listings. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You understand that no material that you upload and provide to us will be treated as confidential. You agree that you will only use this website for lawful purposes and in accordance with all applicable laws. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (or privately transmitted on or through this website are the sole responsibility of the user, not HAYDASH, and that you are responsible for all material you upload, post or otherwise transmit to or through this website. HAYDASH may terminate this Agreement and your use of this website and our services at any time without notice if we believe that you are less than 18 years old or if you have violated this Agreement in any other way.
Account Registration and User Accounts
In order to use certain features of the website and Services, you must register with the site by creating a User Account and becoming a Member of the site. To do this, you must provide us with certain information, including but not limited to, your First and Last Name, E-mail Address, and select a Password. You agree to not let anyone else use your user account. When creating your account on the website, you represent that all information given is accurate and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not have more than one HAYDASH account. You must notify HAYDASH immediately of any breach of security or unauthorized use of your account. HAYDASH will not be liable for any losses caused by any unauthorized use of your account. HAYDASH reserves the right to suspend or terminate your Haydash Account and your access to the site and Services without any notice if you violate any of the Terms governing your use of the site and our Services.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the site and Services, you hereby grant to HAYDASH a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the site and Services. HAYDASH does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You are solely responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the website and/or the Services. You may not upload, post or otherwise make available on the website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any content that you provide or make. You have full responsibility for all content you create and submit, including its legality, reliability, and appropriateness. You understand that by uploading any Member Content, you give HAYDASH the right to use your image and likeness and/or any statements in its publications, advertising, or other media activities, including the Internet and social media platforms, without expectation of compensation or other remuneration. The consent includes, but is not limited to, (a) images and/or videos contributed by you and uploaded to the site; (b) permission to use your name or a pseudonym; and (c) permission to use quotes from your statements (or excerpts, or edited versions of such quotes), the film, photograph(s), tape(s) or reproductions of you, in part or in whole, in our publications, all types of electronic and digital media. You agree to waive any right to royalties or other compensation arising or relating to the use of your Member Content. HAYDASH may modify or adapt your Member Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your Member Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Member Content posted by you to or through the website. You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site. Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent. You agree that HAYDASH has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
Photographs submitted to the site may not include children or adults if you do not have their legal consent. You may not submit or post any information or images that would violate the privacy rights, intellectual property rights (including, but not limited, copyrights) or any other rights of a third party. You may not submit or post any photographs that contain nudity and/or sexual content. HAYDASH reserves the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or that are otherwise unacceptable to us. When you submit a photograph to us, you represent and warrant that (a) you hold all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless HAYDASH from any cause of action arising from any misrepresentation with respect to any and all photographs submitted. You warrant that you are the owner of the copyright in such material or are authorized by the owner thereof to grant to us the rights therein contained and you agree to provide us with any proof of such rights that we may so request. You further agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of either our Site and Services or of your specific listings.
Third Party and Background Verification Services
HAYDASH has the right, but not the obligation, to order a background check on Members of the Site from a 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a Member including, but not limited to, name, social security number, and criminal background, and driving record, or your compliance with these Terms of Service, each to the extent permitted by law. Each Member understands that we retain the right, but have no obligation, to take action with respect to a Member’s account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating the Member’s account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. HAYDASH does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information. Haydash does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. By agreeing to these Terms and subsequently going through the Membership Application process, each Member of the site consents to Haydash performing background and/or verification checks. As a user of the site and Services, you understand and expressly agree that the checks done are completed by a 3rd Party Verification Service and that the specific records searched, and the comprehensiveness of the search, varies by the type of check as well as the state and county where the check is performed, and that the checks are not always accurate or a complete compilation of a person’s criminal history. For example, many states prohibit consumer reporting agencies from reporting records that are more than seven years old. In some states, such as California, New Mexico, and New York, consumer reporting agencies are prohibited from reporting most arrest or other non-conviction information and so only criminal convictions generally show up on a background check. Additionally, in some states (such as New Hampshire, New Jersey, and Massachusetts) where the courts maintain the records, our 3rd Party Verification Service may not search the records for each and every courthouse in a particular county. In states where all courthouses are not searched, only certain felonies are typically revealed. As another example, federal law does not allow consumer reporting agencies to report non-conviction information that is more than seven years old. In addition to legal and reporting system limitations of background checks, each check is performed with the consent of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a Member of the site provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions. If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless HAYDASH from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a background check or verification regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that HAYDASH has no obligation to perform background checks or verification checks on any Members. To the extent that HAYDASH performs such checks on Members, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Fair Credit Reporting Act
Pursuant to the federal Fair Credit Reporting Act (“FCRA”), we inform you that the 3rd Party Verification Service may be a consumer reporting agency subject to the FCRA and the reports issued by the 3rd Party Verification Service may be considered to be “consumer reports” subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. If HAYDASH takes adverse action with respect to your account based on information contained in a consumer report, HAYDASH will notify you and provide you the name and contact of the 3rd Party Verification Service that created the report. HAYDASH will also provide you with a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it. If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless HAYDASH from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. HAYDASH does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of HAYDASH and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website. Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by HAYDASH in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. HAYDASH is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by HAYDASH infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send HAYDASH a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to: Haydash LLC 4532 West Kennedy Blvd #190 Tampa FL 33609-9902 Attn: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of our website and/or services. In connection with your use of our website and services, you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and tax regulations;
- hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our website, Service, or Users;
- defame anyone;
- defraud, mislead, or otherwise act dishonestly;
- copy, store, or otherwise access any information contained on the website or within any content appearing therein, for purposes not expressly permitted by these Terms;
- use the website or services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the website or services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
- stalk or harass any other user of the website or services or collect or store any personally identifiable information about any other user;
- impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
- run any bots or other software to aggregate or browse our content;
- post false information;
- infringe on anyone’s intellectual property rights;
- otherwise act in a manner which, at HAYDASH’s sole discretion, is objectionable.
Third Party Links and Services
Disclaimer of Warranties
Your use of this website is at your own risk. This website and all the materials, information, software, facilities, services and other content in this website are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, HAYDASH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. HAYDASH does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that the servers that make the website available are free of viruses or other harmful components. HAYDASH does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. HAYDASH makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and HAYDASH assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THIS SITE OR SERVICES LIES ON YOU. HAYDASH, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, REVIEWING, OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS THE USE OR INABILITY TO USE THIS SITE, SERVICES. THIS LIMITATION OF LIABILITY INCLUDES AND APPLIES TO YOUR USE OF THIS SITE AND SERVICES AS WELL AS FROM YOUR LISTING OR RESPONDING TO ANY OFFER VIA THE SITE AND SERVICES, AND ANY CLAIMS WHETHER BASED ON WARRANTY, TORT, CONTRACT, PRODUCT LIABILITY OR OTHER LEGAL THEORY, AND WHETHER OR NOT HAYDASH KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL HAYDASH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THIS SITE AND SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO HAYDASH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless HAYDASH and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of HAYDASH’ representations and warranties contained herein; (ii) your use and access to the Site and Services or your violation of these Terms; (iii) your interaction with any Member; (iv) the creation of any listing offer or the acceptance of any listing offer; (v) your use of a ride share or room share; or (vi) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.
This Agreement and any Disputes shall be governed by the internal substantive laws of the State of Florida without regard to its choice or conflicts of law provisions.
Dispute Resolution; Arbitration
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. HAYDASH’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect HAYDASH’s ability to enforce such term at any point in the future. This Agreement is the entire agreement between you and HAYDASH and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and HAYDASH about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.
HAYDASH may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by HAYDASH in its sole discretion. HAYDASH reserves the right to determine the form and means of providing notifications to our Users. HAYDASH is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to email@example.com
Last Modified on October 7, 2017.