Terms of Service

Driver-partner Benefits

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and GoGreen Mobile Ride-Share Ft. Meyers, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “GoGreen Mobile Ride-Share Ft. Meyers,” “we,” “us” or “our”) governing your use of the GoGreen Mobile Ride-Share Ft. Meyers (the “GoGreen Mobile Ride-Share Ft. Meyers App”), website, and technology platform (collectively, the “GoGreen Mobile Ride-Share Ft. Meyers”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND GOGREEN MOBILE RIDE-SHARE FT. MEYERS CAN BE BROUGHT THESE SECTION! & BELOW PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST GOGREEN MOBILE RIDE-SHARE PLATFORM FLORIDA TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
By entering into this Agreement, and/or by using or accessing the GoGreen Mobile Ride-Share Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE GOGREEN MOBILE RIDE-SHARE FT. MEYERS OR ANY OF THE SERVICES PROVIDED THROUGH THE GOGREEN MOBILE RIDE-SHARE FT. MEYERS. If you use the GoGreen Mobile Ride-Share Ft. Meyers in another country, you agree to be subject to GoGreen Mobile Ride-Share Ft. Meyers’s terms of service for that country.
When using the GoGreen Mobile Ride-Share Ft. Meyers, you also agree to conduct yourself in accordance with our rules and guidelines, which shall form part of this Agreement between you and GoGreen Mobile Ride-Share Ft. Meyers.

The GoGreen Mobile Ride-Share Ft. Meyers

The GoGreen Mobile Ride-Share Ft. Meyers provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from Rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.” As a User, you authorize GoGreen Mobile Ride-Share Ft. Meyers to match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pick up, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such people
In certain markets, Riders may have the option to book electric cars through the GoGreen Mobile RideShare Ft. Meyers to ride to their destination. In some markets these electric cars are owned by GoGreen Mobile Ride-Share Ft. Meyers. In other markets GoGreen Mobile Ride-Share Ft. Meyers may operate a electric car share program on behalf of third parties. In either case, you are booking and use of electric cars through the GoGreen Mobile Ride-Share Ft. Meyers is subject to additional agreements between you and GoGreen Mobile Ride-Share Ft. Meyers and third parties as applicable to the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE THE ELECTRIC CARS IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control.

Modification to the Agreement

GoGreen Mobile Ride-Share Ft. Meyers reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. GoGreen Mobile Ride-Share Ft. Meyers reserves the right to modify any information on pages referenced in the hyperlinks from this agreement from time to time, and such modifications shall become effective upon posting. Continued use of the GoGreen Mobile Ride-Share Ft. Meyers or the standard Rideshare Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The GoGreen Mobile Ride-Share Ft. Meyers may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The GoGreen Mobile Ride-Share Ft. Meyers is not available to Users who have had their user account temporarily or permanently deactivated. You may not allow other people to use your user account, and you agree that you are the sole authorized user of your account. To use the GoGreen Mobile Ride-Share Platform Florida, each User shall create a User account. Each person may only create one User account, and GoGreen Mobile Ride-Share Ft. Meyers reserves the right to deactivate any additional or duplicate accounts. Your participation in certain GoGreen Mobile Ride-Share Ft. Meyers programs and use of certain GoGreen Mobile Ride-Share Ft. Meyers products or services may be subject to additional eligibility requirements as determined by GoGreen Mobile Ride-Share Ft. Meyers.
By becoming a User, you represent and warrant that you are at least 21 years old.
following requirements and restrictions:
  • you ensure that the minor’s use of the GoGreen Mobile Ride-Share Ft. Meyers is not limited solely to accessing and using automotive ride-share services where expressly permitted under the Supplemental Agreement applicable to such services,
  • You determine that the Ride-Share car services are suitable and available.
  • you ensure that the Drivers use of the GoGreen Mobile Ride-Share Ft. Meyers and applicable electric car services are suitable and available is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the GoGreen Mobile Ride-Share Ft. Meyers App.
  • you ensure that the Rider does not request or accept any Rideshare Services unless authorized by GoGreen Mobile Ride-Share Ft. Meyers.

Acceptance of the terms of this Agreement:

By creating a GoGreen Mobile Ride-Share Ft. Meyers account for such service, you hereby give permission and consent to the Agreement on the Driver’s behalf, and you shall assume all responsibility and liability for the Driver’s use of the GoGreen Mobile Ride- Share Platform Florida as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the Driver to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other Terms of Agreement.

Charges:

As a Rider, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges related to bikes and scooters are addressed in the applicable Supplemental Agreement. Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s GoGreen Mobile Ride-Share Ft. Meyers Cities Fees Page, plus any tips to the Driver that you elect to pay. GoGreen Mobile Ride-Share Platform Florida hasthe authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s GoGreen Mobile Ride-Share Ft. Meyers Cities Fees Page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., standard, economy, luxury) as described on your market’s GoGreen Mobile Ride-Share Ft. Meyers Cities Fees Page. You are responsible for reviewing the applicable GoGreen Mobile Ride-Share Ft. Meyers Cities Fees Page or price quote within the GoGreen Mobile Ride-Share Ft. Meyers and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of Fares, variable and quoted.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride.
Quoted Fares. In some cases, GoGreen Mobile Ride-Share Platform quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the GoGreen Mobile Ride-Share Ft. Meyers, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. GoGreen Mobile Ride-Share Ft. Meyers does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.

Fees and Other Charges:

Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable GoGreen Mobile Ride-Share Ft. Meyers Cities Fees Page.
Prime Time. At certain times, including times of high demand for Rideshare Services (“Prime Time”), you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will make reasonable efforts to inform you of any Prime Time increases in effect at the time of your request. For Quoted Fares we may factor in the Prime Time increases into the quoted price of the ride.
Cancellation Fee. After requesting a ride, you may cancel it through the GoGreen Mobile Ride-Share Ft. Meyers App but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn more about and including applicable fees.
DamageFee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by GoGreen Mobile Ride-Share Ft. Meyers in its sole discretion), towards vehicle repair or cleaning. GoGreen Mobile RideShare Ft. Meyers reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Tolls. In some instances, tolls (or return tolls) may apply to your ride. Please see our Help Center and your market’s GoGreen Mobile Ride-Share Ft. Meyers Cities Fees Page for more information on toll charges statewide and a list of applicable fees and charges We do not guarantee that the amount charged by GoGreen Mobile Ride-Share Ft. Meyers will match the toll charged to the Driver, if any.
Other Charges. Other fees and surcharges may apply to your ride, including actual or anticipated airport fees, state or local fees, or event fees as determined by GoGreen Mobile Ride-Share Ft. Meyers or its marketing partners. In addition, where required by law GoGreen Mobile Ride-Share Ft. Meyers will collect applicable taxes. See your market’s GoGreen Mobile Ride-Share Ft. Meyers Cities Fees Page for details on other Charges that may apply to your ride.
Tips. Following a ride, you may elect to tip your Driver only through the Mobile Ride-Share Platform Florida App. You may also elect to set a default tip amount or percentage through the GoGreen Mobile Ride-Share Ft. Meyers App. Any tips will be provided entirely to the applicable Driver.

General:

Facilitation of Charges. All Charges are facilitated through a third -party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). GoGreen Mobile Ride-Share Ft. Meyers may replace its third-party payment processor without notice to you. Charges shall only be made through the GoGreen Mobile Ride-Share Ft. Meyers. Except for tips, cash payments are strictly prohibited. Your payment of Charges to GoGreen Mobile Ride-Share Ft. Meyers satisfies your payment obligation for your use of the GoGreen Mobile Ride-Share Ft. Meyers and Rideshare Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If you don’t recognize a transaction, then check your ride receipts and payment history.
No Refunds. All Charges are nonrefundable. This no -refund policy shall always apply regardless of your decision to terminate usage of the GoGreen Mobile Ride-Share Ft. Meyers, any disruption to the GoGreen Mobile Ride-Share Ft. Meyers or Rideshare Services App, or any other reason whatsoever.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the GoGreen Mobile Ride-Share Ft. Meyers and are not transferable or redeemable in cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your ride exceeds the applicable credit or discount value, we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, GoGreen Mobile Ride-Share Ft. Meyers may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before Platform of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the GoGreen Mobile Ride-Share Ft. Meyers App.
Credit Card Authorization. Upon addition of a new payment method or each ride request, GoGreen Mobile Ride-Share Ft. Meyers may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of preauthorization holds.

Payments

If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Terms of Service, which shall form part of this Agreement between you and GoGreen Mobile Ride-Share Ft. Meyers.

GoGreen Mobile Ride-Share Ft. Meyers Communications

By entering into this Agreement or using the GoGreen Mobile Ride-Share Ft. Meyers you agree to receive communications from us or communications related to the GoGreen Mobile Ride-Share Ft. Meyers at any of the phone numbers provided to GoGreen Mobile Ride-Share Ft. Meyers by you or on your behalf, including via e- mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from GoGreen Mobile Ride-Share Ft. Meyers, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the GoGreen Mobile Ride-Share Ft. Meyers Platform or Rideshare Services, use electric cars through the GoGreen Mobile Ride-Share Ft. Meyers , updates concerning new and existing features on the GoGreen Mobile Ride-Share Ft. Meyers, communications concerning marketing or promotions run by us or our third -party partners, and news concerning GoGreen Mobile Ride-Share Ft. Meyers and industry developments. If you change or deactivate the phone number you provided to GoGreen Mobile Ride-Share Ft. Meyers, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 56088 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE GOGREEN MOBILE RIDE-SHARE FT. MEYERS OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM GOGREEN MOBILE RIDE-SHARE FT. MEYERS (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 56088 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE GOGREEN MOBILE RIDE-SHARE FT. MEYERS OR RELATED SERVICES.

Your Information

Your Information is any information you provide, publish or post to or through the GoGreen Mobile Ride-Share Ft. Meyers (including any profile information you provide) or send to other Users (including via in-Platform feedback, any email feature, or through any GoGreen Mobile Ride-Share Ft. Meyersrelated Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a user account that will allow you to use the GoGreen Mobile Ride-Share Ft. Meyers and participate in the Rideshare Services. Our collection and use of personal information in connection with the GoGreen Mobile Ride-Share Ft. Meyers and Rideshare Services is as provided in GoGreen Mobile Ride-Share Ft. Meyers’s Privacy Policy located within. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current, and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable GoGreen Mobile Ride-Share Ft. Meyers to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. GoGreen Mobile Ride-Share Ft. Meyers does not assert any ownership over your Information; rather, as between you and GoGreen Mobile Ride- Share Application, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights, or other proprietary rights associated with your Information.

Promotions, Referrals, and Loyalty Programs

GoGreen Mobile Ride-Share Ft. Meyers, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with GoGreen Mobile Ride-Share Ft. Meyers. GoGreen Mobile Ride-Share Ft. Meyers reserves the right to withhold or deduct credits or benefits obtained through a promotion or program if GoGreen Mobile Ride-Share Ft. Meyers determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. GoGreen Mobile Ride-Share Ft. Meyers reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you. Currently, GoGreen Mobile Ride-Share Ft. Meyers’s referral program provides you with incentives to refer your friends and family to become new Users of the GoGreen Mobile Ride-Share Ft. Meyers in your county (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional referral program rules.

Restricted Activities

With respect to your use of the GoGreen Mobile Ride-Share Ft. Meyers and your participation in the Rideshare Services, you agree that you will not:
  • Impersonate any person or entity.
  • Stalk, threaten, or otherwise harass any person, or carry any weapons.
  • Violate any law, statute, rule, permit, ordinance or regulation.
  • Interfere with or disrupt the GoGreen Mobile Ride-Share Ft. Meyers or the servers or networks connected to the GoGreen Mobile Ride-Share Ft. Meyers.
  • Post Information or interact on the GoGreen Mobile Ride-Share Ft. Meyers or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal.
  • Use the GoGreen Mobile Ride-Share Ft. Meyers in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the GoGreen Mobile Ride-Share Ft. Meyers or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information.
  • forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the GoGreen Mobile Ride-Share Ft. Meyers.
  • “frame” or “mirror” any part of the GoGreen Mobile Ride-Share Ft. Meyers without our prior written authorization or use meta tags or code or other devices containing any reference to us to direct any person to any other web site for any purpose.
  • Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the GoGreen Mobile Ride-Share Ft. Meyers.
  • Rent, lease, lend, sell, redistribute, license, or sublicense the GoGreen Mobile Ride-Share Ft. Meyers or access to any portion of the GoGreen Mobile Ride-Share Ft. Meyers.
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the GoGreen Mobile Ride-Share Ft. Meyers or its contents.
  • Link directly or indirectly to any other web sites.
  • Transfer or sell your user account, password and/or identification, or any other User’s Information to any other party.
  • Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation.
  • Violate any of the Referral Program rules if you participate in the Referral Program; or
  • Cause any third party to engage in the restricted activities above.

Driver Representations, Warranties and Agreements

By providing Rideshare Services as a Driver on the GoGreen Mobile Ride- Share Platform Florida you represent, warrant, and agree that:
  • You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
  • You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
  • You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the GoGreen Mobile RideShare Ft. Meyers community or third parties.
  • You will only provide Rideshare Services using the vehicle that has been reported to, and approved by GoGreen Mobile Ride-Share Application, and for which a photograph has been provided to GoGreen Mobile Ride-Share Application, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (5) passengers in any instance).
  • You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
  • You will not attempt to defraud GoGreen Mobile Ride-Share Ft. Meyers or Riders on the GoGreen Mobile Ride-Share Ft. Meyers or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
  • You will not discriminate against Riders with disabilities and agree to review GoGreen Mobile Ride-Share Ft. Meyers’s Anti-Discrimination Policies. You will make reasonable accommodation as required by law and our service animal policy and for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
  • You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
  • You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services.
  • You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.

Intellectual Property

All intellectual property rights in the GoGreen Mobile Ride-Share Ft. Meyers shall be owned by GoGreen Mobile Ride-Share Ft. Meyers absolutely and in their entirety the state of Florida. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the GoGreen Mobile Ride-Share Ft. Meyers are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of GoGreen Mobile Ride-Share Platform. GoGreen Mobile Ride-Share Platform Florida shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
GOGREEN MOBILE RIDE-SHARE FT. MEYERS and other GoGreen Mobile Ride-Share Ft. Meyers logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks or trade dress of GoGreen Mobile Ride-Share Ft. Meyers in in the United States and/or other countries (collectively, the “GoGreen Mobile Ride-Share Ft. Meyers Marks”). If you provide Rideshare Services as a Driver, GoGreen Mobile Ride-Share Ft. Meyers grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the GoGreen Mobile Ride-Share Ft. Meyers Marks solely on the GoGreen Mobile Ride-Share Ft. Meyers stickers/decals, GoGreen Mobile Ride-Share Ft. Meyers App, and any other GoGreen Mobile Ride-Share Ft. Meyers-branded items provided by GoGreen Mobile RideShare Ft. Meyers directly to you in connection with providing the Rideshare Services (“License”). The License is non-transferable and non- assignable, and you shall not grant to any third party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without GoGreen Mobile Ride-Share Ft. Meyers’s prior written permission, which it may withhold in its sole discretion. The GoGreen Mobile Ride-Share Ft. Meyers logo (or any GoGreen Mobile Ride-Share Ft. Meyers Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a GoGreen Mobile Ride-Share Ft. Meyers Marks in a domain name or GoGreen Mobile Ride-Share Ft. Meyers referral code, or use of a GoGreen Mobile Ride-Share Ft. Meyers Marks as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the GoGreen Mobile Ride-Share Ft. Meyers but may not misidentify yourself as GoGreen Mobile RideShare Application, an employee of GoGreen Mobile Ride- Share Platform, or a representative of GoGreen Mobile Ride-Share Ft. Meyers. You acknowledge that GoGreen Mobile Ride-Share Ft. Meyers is the owner and licensor of the GoGreen Mobile Ride-Share Ft. Meyers Marks, including all goodwill associated therewith, and that your use of the GoGreen Mobile Ride-Share Ft. Meyers logo (or any GoGreen Mobile Ride-Share Ft. Meyers Marks) will confer no interest in or ownership of the GoGreen Mobile Ride-Share Ft. Meyers Marks in you but rather inures to the benefit of GoGreen Mobile RideShare Ft. Meyers You agree to use the GoGreen Mobile Ride-Share Ft. Meyers logo strictly in accordance with GoGreen Mobile Ride-Share Ft. Meyers’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that GoGreen Mobile Ride-Share Ft. Meyers determines to nonconforming or otherwise unacceptable.

You agree that you will not:

(1) create any materials that use the GoGreen Mobile Ride-Share Ft. Meyers Marks or any derivatives of the GoGreen Mobile Ride-Share Ft. Meyers Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by GoGreen Mobile Ride-Share Ft. Meyers in writing.
(2) use the GoGreen Mobile Ride-Share Ft. Meyers Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the GoGreen Mobile RideShare Ft. Meyers Marks other than in accordance with the terms, conditions, and restrictions herein.
(3) take any other action that would jeopardize or impair GoGreen Mobile Ride-Share Ft. Meyers’s rights as owner of the GoGreen Mobile Ride-Share Ft. Meyers Marks or the legality and/or enforceability of the GoGreen Mobile Ride-Share Ft. Meyers Marks, including, challenging, or opposing GoGreen Mobile Ride-Share Ft. Meyers’s ownership in the GoGreen Mobile Ride-Share Ft. Meyers Marks.
(4) apply for trademark registration or renewal of trademark registration of any of the GoGreen Mobile Ride-Share Platform North Carolina Marks, any derivative of the GoGreen Mobile Ride-Share Ft. Meyers Marks, any combination of the GoGreen Mobile Ride-Share Ft. Meyers Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the GoGreen Mobile RideShare Ft. Meyers Marks.
(5) use the GoGreen Mobile Ride-Share Ft. Meyers Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the GoGreen Mobile Ride-Share Platform Florida Driver App, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic GoGreen Mobile Ride-Share Ft. Meyers Driver App or other GoGreen Mobile Ride-Share Ft. Meyers Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from GoGreen Mobile Ride-Share Ft. Meyers.
Violation of any provision of this License may result in immediate termination of the License, in GoGreen Mobile Ride-Share Ft. Meyers’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute- Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the GoGreen Mobile Ride-Share Ft. Meyers Marks (in violation of this Agreement or otherwise), you agree that upon their creation GoGreen Mobile Ride-Share Ft. Meyers exclusively owns all right, title and interest in and to such materials, including any modifications to the GoGreen Mobile Ride-Share Ft. Meyers Marks or derivative works based on the GoGreen Mobile Ride-Share Ft. Meyers Marks or GoGreen Mobile Ride-Share Ft. Meyers copyrights. You further agree to assign any interest or right you may have in such materials to GoGreen Mobile Ride-Share Application, and to provide information and execute any documents as reasonably requested by GoGreen Mobile Ride-Share Ft. Meyers to enable GoGreen Mobile Ride-Share Ft. Meyers to formalize such assignment.
GoGreen Mobile Ride-Share Ft. Meyers respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the GoGreen Mobile Ride-Share Ft. Meyers infringe upon your copyrights, please view copyright policy for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of GoGreen Mobile Ride-Share Application, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
GoGreen Mobile Ride-Share Ft. Meyers does not provide transportation services, and GoGreen Mobile Ride-Share Ft. Meyers is not a transportation carrier. GoGreen Mobile Ride-Share Ft. Meyers is not a common carrier or public carrier. It is up to the Driver to decide whether to offer a ride to a Rider contacted through the GoGreen Mobile Ride-Share Ft. Meyers App, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the GoGreen Mobile Ride-Share Ft. Meyers App. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs because of the Rideshare Services
The GoGreen Mobile Ride-Share Ft. Meyers is provided on an “as is” basis and without any warranty or condition, express, implied, or statutory. We do not guarantee and do not promise any specific results from use of the GoGreen Mobile Ride-Share Ft. Meyers and /or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. GoGreen Mobile RideShare Ft. Meyers reserves the right, for example, to limit or eliminate access to the GoGreen Mobile Ride-Share Ft. Meyers for Rideshare Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the GoGreen Mobile Ride-Share Ft. Meyers or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the GoGreen Mobile Ride-Share Ft. Meyers will be corrected, or that the GoGreen Mobile Ride-Share Ft. Meyers is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the GoGreen Mobile Ride-Share Ft. Meyers or Rideshare Services.
We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the GoGreen Mobile Ride-Share Ft. Meyers and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the GoGreen Mobile Ride- Share Platform Florida by persons under the age of 21 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
GoGreen Mobile Ride-Share Ft. Meyers is not responsible for the conduct, whether online or offline, of any User of the GoGreen Mobile Ride-Share Ft. Meyers or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the GoGreen Mobile Ride-Share Ft. Meyers and participating in the Rideshare Services, you agree to accept such risks and agree that GoGreen Mobile Ride-Share Platform Florida is not responsible for the acts or omissions of Users on the GoGreen Mobile Ride-Share Ft. Meyers or participating in the Rideshare Services.
You are responsible for the use of your User account and GoGreen Mobile Ride-Share Ft. Meyers expressly disclaims any liability arising from the unauthorized use of your user account. Should you suspect that any unauthorized party may be using your user account, or you suspect any other breach of security, you agree to notify us immediately
It is possible for others to obtain information about you that you provide, publish or post to or through the GoGreen Mobile Ride-Share Ft. Meyers (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the GoGreen Mobile Ride-Share Ft. Meyers or through the Rideshare Services. Please carefully select the type of information that you post on the GoGreen Mobile Ride-Share Ft. Meyers App or through Rideshare Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”)
Opinions, advice, statements, offers, or other information or content concerning GoGreen Mobile RideShare Ft. Meyers or made available through the GoGreen Mobile Ride-Share Ft. Meyers, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the GoGreen Mobile Ride-Share Ft. Meyers or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the GoGreen Mobile Ride-Share Ft. Meyers and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the GoGreen Mobile Ride-Share Ft. Meyers is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither GoGreen Mobile Ride-Share Application, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the GoGreen Mobile Ride-Share Ft. Meyers. Any of your Information, including geolocational data, you upload, provide, or post on the GoGreen Mobile Ride-Share Ft. Meyers may be accessible to GoGreen Mobile Ride-Share Ft. Meyers and certain Users of the GoGreen Mobile RideShare Ft. Meyers.
GoGreen Mobile Ride-Share Ft. Meyers advises you to use the GoGreen Mobile Ride-Share Ft. Meyers App with a data plan with unlimited or very high data usage limits, and GoGreen Mobile Ride-Share Ft. Meyers App shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the GoGreen Mobile Ride-Share Ft. Meyers App.
This paragraph applies to any version of the GoGreen Mobile Ride-Share Ft. Meyers that you acquire from the Apple App Store. This Agreement is entered into between you and GoGreen Mobile Ride-Share Application. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the GoGreen Mobile Ride-Share Ft. Meyers. GoGreen Mobile Ride-Share Application, not Apple, is solely responsible for the GoGreen Mobile Ride-Share Ft. Meyers and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end -user.” In the event of a conflict in the terms of the Licensed Platform End User License Agreement and this Agreement, the terms of this Agreement shall control.
As a Driver, you may be able to use “GoGreen Mobile Ride-Share Ft. Meyers Navigation built by Google” while providing Rideshare Services on the Platform. Riders and Drivers may also use Google Maps while using the GoGreen Mobile Ride-Share Ft. Meyers App. In either case, you agree that Google may collect your location data when the GoGreen Mobile Ride-Share Ft. Meyers App is running to provide and improve Google’s services, that such data may also be shared with GoGreen Mobile RideShare Ft. Meyers in order to improve its operations, and that Google’s terms and privacy policy will apply to this usage.
GoGreen Mobile Ride-Share Ft. Meyers shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

Indemnity

You will defend, indemnify, and hold GoGreen Mobile Ride-Share Ft. Meyers including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the GoGreen Mobile RideShare Ft. Meyers Platform and participation in the Rideshare Services, including:
(1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the GoGreen Mobile Ride-Share Ft. Meyers Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL GOGREEN MOBILE RIDE-SHARE FT. MEYERS INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “ GOGREEN MOBILE RIDE-SHARE FT. MEYERS” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE GOGREEN MOBILE RIDE-SHARE FT. MEYERS APPLICATION , SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE GOGREEN MOBILE RIDE-SHARE FT. MEYERS PLATFORM, RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE GOGREEN MOBILE RIDESHARE FT. MEYERS APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT GOGREEN MOBILE RIDE-SHARE PLATFORM FLORIDA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Terms and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to GoGreen Mobile Ride-Share Platform Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, GoGreen Mobile Ride-Share Ft. Meyers may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below GoGreen Mobile Ride-Share Ft. Meyers’s star rating or cancellation threshold; (3) GoGreen Mobile Ride-Share Ft. Meyers has the good faith belief that such action is necessary to protect the safety of the GoGreen Mobile Ride-Share Ft. Meyers community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to GoGreen Mobile Ride-Share Ft. Meyers ’s reasonable satisfaction prior to GoGreen Mobile Ride-Share Ft. Meyers permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided with notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to GoGreen Mobile Ride-Share Ft. Meyers’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11 – 12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

DISPUT E RESOLUTION AND ARBIT RAT ION AGREEMENT

(a) Agreement to Binding Arbitration Between You and GoGreen Mobile RideShare Ft. Meyers.

YOU AND GOGREEN MOBILE RIDE-SHARE FT. MEYERS MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Florida, without regard to choose of law principles in the State of Florida . This Arbitration Agreement survives after the Agreement terminates or your relationship with GoGreen Mobile Ride-Share Ft. Meyers ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and GoGreen Mobile Ride-Share Platform our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and GoGreen Mobile RideShare Ft. Meyers’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RE SOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND GOGREEN MOBILE RIDE- SHARE APPLICATION. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the GoGreen Mobile Ride-Share Ft. Meyers Platform, the Rideshare Services, rental or use of electric cars through the GoGreen Mobile Ride-Share Ft. Meyers, GoGreen Mobile Ride-Share Ft. Meyers Application promotions, gift card, referrals or loyalty programs, any other goods or services made available through the GoGreen Mobile Ride-Share Ft. Meyers, your relationship with GoGreen Mobile Ride-Share Ft. Meyers, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on GoGreen Mobile Ride-Share Ft. Meyers’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by GoGreen Mobile Ride-Share Ft. Meyers, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by GoGreen Mobile Ride-Share Ft. Meyers and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND GOGREEN MOBILE RIDE-SHARE FT. MEYERS ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b)Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND GOGREEN MOBILE RIDE-SHARE FT. MEYERS MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND GOGREEN MOBILE RIDE-SHARE FT. MEYERS BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOT WITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GE NERAL ACT CLAIMS BROUGHT AGAINST GOGREEN MOBILE RIDE-SHARE APPLICATION, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.

(c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and GoGreen Mobile Ride-Share Ft. Meyers agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), Federal Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the Federal PAGA, both you and GoGreen Mobile Ride-Share Ft. Meyers agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative Federal PAGA Waiver”). Not provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative Federal PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative Federal PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative Federal PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative Federal PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d)Rules Governing Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”). Not Withstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAAS Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and GoGreen Mobile Ride-Share Ft. Meyers will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
1. If GoGreen Mobile Ride-Share Ft. Meyers initiates arbitration under this Arbitration Agreement, GoGreen Mobile Ride-Share Ft. Meyers will pay all AAA filing and arbitration fees.
2. With respect to any Claims brought by GoGreen Mobile Ride-Share Ft. Meyers against a Driver, or for Claims brought by a Driver against GoGreen Mobile Ride-Share Ft. Meyers that: (A) are based on an alleged employment relationship between GoGreen Mobile Ride-Share Ft. Meyers and a Driver; (B) arise out of, or relate to, GoGreen Mobile Ride-Share Ft. Meyers’s actual deactivation of a Driver’s User account or a threat by GoGreen Mobile Ride-Share Ft. Meyers to deactivate a Driver’s User account; (C) arise out of, or relate to, GoGreen Mobile Ride-Share Ft. Meyers’s actual termination of a Driver’s Agreement with GoGreen Mobile Ride-Share Ft. Meyers under the termination provisions of this Agreement, or a threat by GoGreen Mobile RideShare Ft. Meyersto terminate a Driver’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including GoGreen Mobile Ride-Share Ft. Meyers’s commission or fees on the Fares), tips, or average hourly guarantees owed by GoGreen Mobile Ride-Share Ft. Meyers to Drivers for Rideshare Services, other than disputes relating to referral bonuses, other GoGreen Mobile Ride- Share Platform Florida promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Driver Claims”), GoGreen Mobile Ride-Share Ft. Meyers shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by GoGreen Mobile Ride-Share Ft. Meyers pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Rideshare Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(2), the term “Driver” shall be deemed to include both Drivers and Driver applicants who have not been approved to drive.
3. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
4. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
5. Although under some laws GoGreen Mobile Ride-Share Ft. Meyers may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, GoGreen Mobile Ride-Share Ft. Meyers agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
6. If the arbitrator issues you an award that is greater than the value of GoGreen Mobile Ride-Share Ft. Meyers’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then GoGreen Mobile Ride-Share Ft. Meyers will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and GoGreen Mobile Ride-Share Ft. Meyers agree otherwise, any arbitration hearings between GoGreen Mobile Ride-Share Ft. Meyers and a Rider will take place in the county of your billing address, and any arbitration hearings between GoGreen Mobile Ride-Share Ft. Meyers and a Driver will take place in the county in which the Driver provides Rideshare Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for AAA arbitration. Your right to a hearing will be determined by the AAA Rules.

g) Exceptions to Arbitration

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the GoGreen Mobile Ride-Share Ft. Meyers Platform or Rideshare Services. Where these claims are brought in a court of competent jurisdiction, GoGreen Mobile Ride-Share Ft. Meyers will not require arbitration of those claims. GoGreen Mobile Ride-Share Ft. Meyers’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such a claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h)Severability

Except as otherwise provided in the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Driver Claims in Pending Settlement

If you are a member of a putative class in a lawsuit against GoGreen Mobile Ride-Share Ft. Meyers involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action

As a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e)(2) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in GoGreen Mobile Ride-Share Ft. Meyers’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with GoGreen Mobile Ride- Share Platform Florida. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying GoGreen Mobile Ride-Share Ft. Meyers in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by USPS or electronic mail.
In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and GoGreen Mobile Ride-Share Ft. Meyers shall be bound by the terms of this Arbitration Agreement in full (including with respect to Driver Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver Claims that are part of a Pending Settlement Action and your Driver Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable GoGreen Mobile Ride-Share Ft. Meyers Terms of Use that you agreed to prior to the effective date of this Agreement.
Cases have been filed against GoGreen Mobile Ride-Share Ft. Meyers and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against GoGreen Mobile Ride-Share Ft. Meyers alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with GoGreen Mobile Ride-Share Ft. Meyers under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against GoGreen Mobile Ride-Share Ft. Meyers in an individual arbitration, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of any Driver Claims under this Arbitration Agreement.

(k)Optional Pre-Arbitration Negotiation Process

Before initiating any arbitration or proceeding, you and GoGreen Mobile Ride-Share Ft. Meyers may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time is mutually extended by you and GoGreen Mobile Ride-Share Ft. Meyers. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to GoGreen Mobile Ride-Share Ft. Meyers’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by GoGreen Mobile Ride- Share Platform Florida for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the GoGreen Mobile Ride-Share Ft. Meyers any User Information obtained from the GoGreen Mobile Ride-Share Ft. Meyers Platform. As a Driver, you understand that some of Rider Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped off the Rider, as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of GoGreen Mobile Ride-Share Platform Florida in order to prevent it from falling into the public domain. Not Withstanding the above, you shall not have liability to GoGreen Mobile Ride-Share Ft. Meyers with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by GoGreen Mobile Ride-Share Ft. Meyers or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of GoGreen Mobile Ride-Share Ft. Meyers; becomes known to you, without restriction, from a source other than GoGreen Mobile Ride-Share Ft. Meyers without breach of this Agreement by you and otherwise not in violation of GoGreen Mobile RideShare Ft. Meyers’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided , however, that You shall provide prompt notice of such court order or requirement to GoGreen Mobile Ride-Share Ft. Meyers to enable GoGreen Mobile RideShare Ft. Meyers to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with GoGreen Mobile Ride-Share Ft. Meyers

As a Driver on the GoGreen Mobile Ride-Share Ft. Meyers, you acknowledge and agree that you and GoGreen Mobile Ride-Share Ft. Meyers are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and GoGreen Mobile Ride-Share Ft. Meyers expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and GoGreen Mobile Ride-Share Ft. Meyers; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind GoGreen Mobile Ride-Share Ft. Meyers and you undertake not to hold yourself out as an employee, agent, or authorized representative of GoGreen Mobile RideShare Ft. Meyers. GoGreen Mobile Ride-Share Ft. Meyers does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the GoGreen Mobile Ride-Share Ft. Meyers GoGreen Mobile Ride-Share Ft. Meyers does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the GoGreen Mobile Ride-Share Ft. Meyers App. You retain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via the GoGreen Mobile RideShare Ft. Meyers, or to cancel an accepted request for Rideshare Services via the GoGreen Mobile RideShare Ft. Meyers, subject to GoGreen Mobile Ride-Share Ft. Meyers’s then-current cancellation policies. GoGreen Mobile Ride-Share Ft. Meyers does not, and shall not be deemed to, require you to accept any specific request for Rideshare Services as a condition of maintaining access to the platform. Except for any signage required by law or permit/license rules or requirements, GoGreen Mobile Ride-Share Ft. Meyers shall have no right to require you to: (a) display GoGreen Mobile Ride-Share Ft. Meyers’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying GoGreen Mobile Ride-Share Ft. Meyers’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Ride-share Services or otherwise engage in any other business or employment activities, including but not limited to providing services like the Ride-share Services to other companies, and that GoGreen Mobile Ride-Share Ft. Meyers does not, and shall not be deemed to, restrict you from engaging in any such activity.

Other Services

In addition to connecting Riders with Drivers, the GoGreen Mobile Ride-Share Ft. Meyers may enable Users to provide or receive services from other third parties. For example, Users may be able to use the GoGreen Mobile Ride-Share Ft. Meyers to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third -party provider. If you choose to purchase Other Services through the GoGreen Mobile Ride-Share Ft. Meyers, you authorize GoGreen Mobile Ride-Share Ft. Meyersto charge your payment method on file according to the pricing terms set by the third -party provider. You agree that GoGreen Mobile Ride-Share Ft. Meyers is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the GoGreen Mobile Ride-Share Ft. Meyers. This Agreement incorporates by reference. In the event of a conflict in the terms of the Mobile Security Monitoring Terms and this Agreement, the terms of this Agreement shall control with respect to GoGreen Mobile Ride-Share Ft. Meyers and your agreements with GoGreen Mobile Ride-Share Ft. Meyers herein, and the limitations of liability set forth in Section 15 above shall also apply. The Dispute Resolution and Arbitration Agreement provisions in Section 17 above shall apply instead of any terms in the Mobile Security Monitoring Terms for all purposes except with respect to claims.

General

Except as provided, this Agreement shall be governed by the laws of the State of Florida without regard to choose of law principles. This choice of law provision is only intended to specify the use of Florida law to interpret this Agreement and is not intended to create any other substantive right to non-Florida as to assert claims under Florida law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by GoGreen Mobile RideShare Ft. Meyers, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to GoGreen Mobile Ride-Share Ft. Meyers shall be given by certified mail, postage prepaid and return receipt requested to GoGreen Mobile Ride-Share Ft. Meyers. Any notices to you shall be provided to you through the GoGreen Mobile Ride-Share Ft. Meyers or given to you via the email address or physical you provide to GoGreen Mobile Ride-Share Ft. Meyers during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and GoGreen Mobile RideShare Ft. Meyers with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. If you have any questions regarding the GoGreen Mobile Ride-Share Ft. Meyers or Rideshare Services, please contact us through our GoGreen Florida Support Email: support@gogreenftmeyers.com
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