Terms Of Service

Terms Of Service

Last Modified Date: February 24, 2026

Welcome to Riders Share, a peer-to-peer motorcycle and powersport vehicle rental marketplace website provided by Riders Share, Inc., a Delaware corporation ("Riders Share", "we," or "us"). This Terms of Service Agreement ("Agreement" or "Terms") describes the terms and conditions that govern your use of Riders Share services.

Riders Share services include this website, and any systems or software, owned or offered by Riders Share, and the provision of this platform, and administrative support for our users who are offering their vehicle for rent ("Owners") or those seeking to rent a vehicle ("Renters")  from the point of account registration, entering into a contract between Owner and Renter ("Reservation Agreement")  and all related assistance thereafter (collectively the "Service"). 

Your registration for a Riders Share account, and your use of these Services, requires acknowledgment and agreement that you have read, understood and agree to be bound by these Terms of Service and all incorporated policies including the Payment & Administrative Terms, Insurance Terms, Privacy Policy, and Community Guidelines (collectively, the “Terms"). Hyperlinks to all incorporated documents are provided below and at www.riders-share.com. These documents are available at www.riders-share.com and are incorporated herein by reference. By accepting these Terms, you acknowledge that you have had the opportunity to review all incorporated documents. 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RIDERS SHARE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS AND OWNERS, NOR IS RIDERS SHARE A TRANSPORTATION SERVICE, MOTOR VEHICLE LESSOR, OR INSURER OF ANY KIND. RIDERS SHARE ACTS AS A LIMITED AGENT ONLY AS SPECIFICALLY DESCRIBED IN THE "ACCEPTANCE OF RIDERS SHARE AS AGENT" SECTION BELOW, AND SUCH AGENCY IS STRICTLY LIMITED TO THOSE EXPRESS FUNCTIONS. RIDERS SHARE HAS NO CONTROL OVER AND MAKES NO REPRESENTATIONS REGARDING THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR SAFETY OF RENTERS, OWNERS, OR OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS OF ACCEPTING THESE TERMS BY EMAILING support@ridersshare.com WITH YOUR REQUEST TO OPT OUT. THIS PROVISION ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

You agree to the collection and use of your information as set forth in the Privacy Policy. This Agreement applies to all visitors, users, and others who access the Service ("Users"). 

Changes to Terms

We may make changes to these Terms from time to time. We will provide reasonable advance notice of any material changes through email notification and prominent posting on our website as may be required by our relationships with third party partners.

Any changes to these Terms will be noted by updating the “Last Modified" date at the top of this page, and we will notify you of material changes via email to the address associated with your account or through prominent notice in the Service at least 30 days before they become effective. Your continued use of the Service or incorporated features, after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms of Service, do not continue to access the Service.

In addition, Riders Share may provide promotions or programs in addition to those covered in these Terms of Service. For example, our Rider Pass program will require additional agreement and acceptance of supplemental terms in addition to those within these Terms of Service.

Assumption of Risk

TO THE EXTENT THESE TERMS OF SERVICE FACILITATE A TRANSACTION ALLOWING YOU TO RENT A VEHICLE, YOUR USE OF THESE SERVICES REQUIRES YOUR ACKNOWLEDGMENT THAT YOU ARE UNDERTAKING A DANGEROUS ACTIVITY AND YOU ARE ASSUMING CERTAIN RISKS.

WHILE RIDERS SHARE IMPLEMENTS REASONABLE VERIFICATION PROCEDURES AND SAFETY STANDARDS AS REQUIRED BY APPLICABLE LAW, WE CANNOT GUARANTEE THE ACCURACY OF ALL INFORMATION CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY MOTORCYCLE. USERS SHOULD INDEPENDENTLY VERIFY ALL SAFETY-CRITICAL INFORMATION. WE RELY ON OUR USERS TO REPORT INACCURACIES, AND TO UPDATE PROFILE, ACCOUNT OR LISTING INFORMATION TO UPHOLD MARKETPLACE STANDARDS AND COMPLY WITH ACCEPTED USE POLICIES. RIDERS SHARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO INACCURACIES IN LISTINGS OR BEHAVIOR WHICH VIOLATES THIS AGREEMENT OR OUR ACCOUNT ACCEPTABLE USE POLICY IN YOUR USE OF THESE SERVICES, OR PERFORMANCE OF ANY AGREEMENT ARISING THEREFROM. ANY RESERVATIONS AND RENTALS REQUIRE ADHERENCE TO THESE AND INCORPORATED TERMS AND WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.

Users alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their use of these Services, and performance of any resulting transaction, including but not limited to their licensure, condition of their motorcycle, registration, sufficiency of insurance coverage. Users are responsible for complete and timely disclosures, and the accuracy of the information they provide, including accurate disclosures of skill required (Renters), or accurate description of vehicles to be rented with proper disclosure of requirements applicable to prospective Renters (Owners).

You acknowledge that you shall comply with all local, state and municipal laws, and the terms of contracts entered into with third parties (including insurers). Riders Share reserves the right to delete or suspend Renter or Owner accounts, in the event of actual or threatened noncompliance with these Terms, or the provision of inaccurate information. While Riders Share may verify certain information you submit, we do not guarantee or warrant the accuracy of user-submitted information beyond the specific verifications we perform as described in our Privacy Policy and Community Guidelines. Users are solely responsible for the accuracy of information they provide. Under no circumstances is Riders Share responsible for verifying the sufficiency of insurance coverage, and Riders Share makes no representations or warranties regarding the adequacy of any insurance coverage. Renters may purchase additional insurance coverage as may be made available through Riders Share by our third-party affiliates. Users agree that Riders Share is not the insurer but may act as an agent of third-party service providers as set forth in the Insurance Terms incorporated herein. 

Account Creation

When you create an account, you represent and warrant that: (i) you are at least 18 years of age (or the age of majority in your jurisdiction if greater than 18); (ii) you have the legal authority and capacity to enter into a binding contract; and (iii) you are not prohibited by law from using the Services. Accounts may be created in a representative or agency capacity only with express written authority from Riders Share. Please review the applicable Community Guidelines and contact support@ridersshare.com to create such an account. Any person creating an account in a representative capacity represents and warrants that they have full authority to bind the principal on whose behalf they are acting and will provide documentation of such authority upon request.

 This section explains the requirements for creating a Renter or Owner account. By creating an account, you shall be required to review the Community Guidelines  and comply with them. The obligations of account holders are explained generally hereunder.

By submitting an application to create a Riders Share Account, you represent and warrant that:

·           Your Account is for your personal or individual use only, except as expressly permitted for representative or agency accounts as described in these Terms. 

·           You are at least 18 years of age, or the age of majority in the jurisdiction in which you reside, whichever is greater.

·           You have legal capacity and full authority to use these Services in the municipality or state in which you reside.

Riders Share provides a platform and administrative support to facilitate Users' formation of a contract between them (the "Reservation Agreement".) Prior to creating a listing, you will need to apply for an Owner Account. In order to book a rental, you will need to apply for a Renter Account.

When applying for a Riders Share Account, as Owner or Renter, you shall submit all required documentation as specified in the Community Guidelines and as we may reasonably deem necessary for verification and compliance purposes. You give us permission to disclose the information you provide on your application to third parties for verification purposes, and to obtain additional information about you from third parties, all in accordance with our Privacy Policy.

For Owners, we require documentation, sufficient to demonstrate that your motorcycle is legally registered, and validly titled. Riders Share requires that listed motorcycles, scooters or trikes shall be:

·        Newer than 20 model years old

·        Under $30,000 in market value

·         Street Legal

·        Clean titled (not Salvage)

·        Properly registered and meets minimum state requirements

·        Well maintained and not a danger to the rider

For commercial listings, we do not have a vehicle age restriction. Commercial listings can be of any value, and may be for off-road only use.

For Renters, we shall require documentation sufficient to demonstrate that you have proper motorcycle licensure for the class of vehicle you intend to rent, and proof of an acceptable driving record as defined in the Community Guidelines. For Renters under the age of 25, we require sufficient proof of at least three years of riding experience.

With the creation of a Riders Share account you agree to the Riders Share account acceptable use policy, and you agree to keep all required information updated in accordance with our Renter and/or Owner guidelines, and to respond to all requests for information made to you through the User dashboard.

For Owner accounts, continued registration through this Service requires all  listings created shall be accurate, and include pictures and documentation (make, model and year) along with any other information that shall be required in the Community Guidelines. Owner shall be responsible for disclosing any additional requirements for Renter particular to that vehicle, including whether or not passengers shall be allowed.

Inaccurate or deceptive listings may be reported, failure to correct listings may result in suspension or termination of your account.

For Renters, you accept financial responsibility for vehicles rented using Riders Share, this can include but is not limited to roadside assistance costs. You agree and acknowledge that you have reviewed the Community Guidelines including Prohibited Uses.  

Riders Share does not undertake to warrant the sufficiency or accuracy of information as communicated between Users; however, Riders Share reserves the right to terminate or suspend User accounts that constitute an actual or threatened violation of these Terms.

 You agree that you will not permit anyone else to use your member account, or assign or otherwise transfer your member account to any other person or entity, unless you appoint a third-party (“Manager”) according to the process detailed in the Community Guidelines and receive express written approval from Riders Share.  

Renters may designate a passenger only if permitted by the Owner and the specific vehicle listing. Each passenger shall be required to sign a release ("Passenger Release") prior to the commencement of the rental period, and Renter shall assume sole responsibility for that passenger's conduct and safety. Riders Share shall not be liable to passengers for any injuries, damages, or losses, and Renter shall be solely responsible for ensuring each passenger completes the Passenger Release form before allowing them to ride.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Riders Share immediately of any breach of security or unauthorized use of your Account. Riders Share will not be liable for any losses caused by any unauthorized use of your account.

We may require any additional documentation or information as might be required by law, or changed Riders Share policies, which may be requested via your account dashboard you acknowledge that Riders Share relies on the information you submit during registration to be accurate, complete, and updated to ensure accuracy.

Acceptance of Riders Share as Agent

In order to provide these services , Riders Share shall act as a limited agent in order to facilitate transactions between Users. In this capacity, account holders agree that Riders Share shall be appointed administrative agent. Riders Share, working with trusted third parties (including Stripe and insurance providers) shall act as agent for Users with regards to processing Owner payments and assisting in the insurance process.

Riders Share, a Delaware corporation with principal place of business in Texas, is not a party to contracts between account holders. Our responsibility is to maintain the Services and platform, and to provide administrative support as required to render these Services, and to ensure the quality of User experience. For provision of this platform, administrative services, and access to user accounts, Riders Share charges transactional fees for the transactions between users before rental fees are distributed to Owners. The fee structure and payment terms are set forth in the Payment & Administrative Terms incorporated herein by reference.

Fees for additional Services shall be charged as necessary on terms communicated to account holders in writing via the account dashboard or email at least five (5) business days prior to such transactions, unless the account holder expressly agrees to a shorter notice period for a specific transaction.

Community Guidelines

Riders Share has published Community Guidelines which reflect policies and practices that shall be used to maintain the Riders Share platform and ensure a positive experience for Users. The Community Guidelines, as they exist on the date of your acceptance of these Terms of Service, are hereby incorporated by reference into these Terms of Service and are available at [URL]. Riders Share reserves the right to modify the Community Guidelines upon thirty (30) days' written notice to Users via email or account dashboard notification. Please be sure to review Community Guidelines as they provide additional information necessary to continually improve these Services.

Reservation and Rental Procedure

Once a Renter and Owner have agreed to the rental terms, the Parties shall execute a Reservation Agreement that reflects the terms of the agreement between them and acknowledges Riders Share’s supporting role in the Transaction.

Prior to completing a reservation, Renter must review the insurance and damage waiver options available through the Services and make an affirmative selection of coverage, including the option to decline all coverage offered through the Services if Renter elects to rely solely on their own insurance. Renter agrees and understands that they assume all inherent risks and responsibilities in selecting the appropriate coverage and for ensuring they have the requisite skill required for safe operation of the motorcycle. Renter acknowledges that Riders Share makes no recommendation regarding which coverage option is appropriate for any particular rental. Renters attest they have at least 2 months of riding experience in order to use Riders Share. Renters under the age of 25 attest that they have at least 3 years of experience.

Renter shall affirm that they have taken responsibility, financially and otherwise, for ensuring that any Passenger complies with all laws and these Terms during the Rental or Trip Period. Owner shall ensure that the Passenger Release has been signed by each Passenger prior to the commencement of the Rental Period.

Once the Reservation Agreement has been completed Owner will send the address for the pick-up and drop-off of the rental via your account dashboard.

Renters must arrive at the pick-up location on time with a copy of their valid motorcycle license (no temporary permits, learner's permits, or expired licenses accepted), and in a manner that satisfies the terms of your reservation (i.e., with designated passengers, required safety gear if not being provided by Owner, etc.). The Rental period does not commence until you have presented your valid license and satisfied Owner as to the terms of your Reservation Agreement.

Owners must inspect the vehicle and perform any required maintenance prior to each rental (i.e., ensuring fuel, fluid, chain, and tire air-pressure levels are acceptable and meet manufacturer specifications). When delivery has been selected as an option in the Reservation Agreement, Owner must deliver the motorcycle and all rented gear to the address/drop-off point specified in the Reservation Agreement at the time agreed upon.

Pick Up Procedures

Unless Renter and Owner have selected a delivery option, Renter shall meet Owner at the designated pick-up point. All pick-up terms shall apply regardless of whether the motorcycle has been delivered to Renter or Renter travels to the pick-up point.

At the time of pick-up, Renter shall receive specific instructions from Owner regarding the operation of Owner's motorcycle. Owner shall confirm all terms of the Reservation Agreement, including the identity of the Renter and previously designated passengers. Renter shall present a valid motorcycle license. Owner shall take a picture of the license next to the vehicle’s odometer. If Renter fails to produce a valid license, or otherwise demonstrates an inability to meet the terms of the Reservation Agreement, Owner is under no obligation to commence the rental period. Passengers must sign Passenger Release.

Prior to the commencement of the rental period, Renter shall photograph and document any existing defects or damage to the vehicle using the Riders Share app or another method agreed upon with Owner shall not be obligated to commence the rental period unless Owner is reasonably assured that: (1) the Rental shall conform to these Terms and the Reservation Agreement, and (2) Renter does not appear likely to engage in the prohibited activities discussed in the following section.

Owner will then upload a photo of Renter's license to the Riders Share app, which will be automatically time-stamped. Both Renter and Owner must sign the check-in form, marking the commencement of the rental period. This generally summarizes the pick-up procedure. Please consult the Renter Guidelines and Owner Guidelines incorporated herein by reference for further detail.

Prohibited Activities

Renter agrees and understands that neither Renter nor any designated passenger under Renter's control shall engage in the following activities during the reservation period. If Renter seems likely to engage in these activities, prior to the commencement of the rental period, this may result in cancellation of the reservation, the early termination of rental, or non-performance of the rental. IF any of the following activity occurs during the rental period, it shall negate any Insurance coverage. Renter's account shall be terminated or suspended, and any monies paid through these Services shall be forfeit.

Renter is prohibited from making use of a motorcycle in the following manner:

·        without a valid appropriate license in good standing, presented and documented at time of drop-off

·        with a suspended license, or without full disclosure of driving record or infractions

·        without demonstrable requisite skill at time of drop-off

·        while under the influence of drugs, alcohol, or medications, or any type of impairment that might prevent safe operation

·        authorizing persons not specifically disclosed on the Reservation to operate or ride as a passenger

·        without legally required safety equipment in acceptable condition whether or not provided by Owner

·        operating motorcycle without proper maintenance (i.e., replenishing fuel, fluids, maintaining tire pressure)

·        alteration of a motorcycle in any way

·        off-road operation, racetrack, or operation on anything other than finished, paved roads unless specifically authorized by Owner with a vehicle designed for such use. Renter must complete an Off-Road Waiver which shall be provided at the time the parties shall enter into the Reservation Agreement. Please review the terms of the Off-Road Waiver as they include additional insurance options which may be found here.

·        in a reckless manner i.e., Stunt driving, wheelies, burn-outs etc.

·        in manner not intended by the motorcycle manufacturer

·        failing to heed Owners specific instructions to the motorcycle being rented

·        to tow an object, or in excess of manufacturers load limits.

·        for commercial uses unless specifically approved by us or the Owner

·        while Renter is distracted, for example, smoking, eating, texting, operating a cellphone or other device while driving

·        to enter a race or competition unless specifically disclosed and allowed according to reservation terms

·        in the commission of any criminal or reckless act

·        without reporting an accident, or malfunction as soon as possible to Owner or Riders Share.

We may decline, cancel, or terminate early any rental at our sole discretion if it seems likely any of these prohibited activities seem likely.

Owner may cancel any reservation at the time of drop-off, if Renter is unable to provide valid motorcycle license, does not possess required safety gear, is visibly impaired, or demonstrates a lack of basic skill in the operation of a clutch, or manual transmission, or any skills fundamental to safe motorcycle operation. Owner is under no duty to perform any extensive assessment of skill and preparedness to begin the rental period, but may in their discretion cancel the Reservation Agreement if Renter is unable to provide a valid license or presents an appreciable threat to engage in these prohibited activities.

Riders Share shall defer to the judgement of owner, and may accept proof, documentation or narrative description of either party in the event an informal dispute resolution process.

Rental Period Responsibilities

Renter, during the trip or rental period assumes all responsibility for checking fluid, fuel and air pressure levels, based on the length of the trip, as may be communicated to you in Reservation Agreement or the vehicle listing from which the reservation is created, or as may be verbally communicated to you by Owner. In the event of mechanical failure, Renter shall promptly report issues to the Owner or us (support@riders-share.com). Upon return of the motorcycle, Renter may be held responsible for any damages beyond normal wear and tear deemed to be the result of negligent operation or failure to provide routine maintenance.

At all times during the rental period, Renter shall retain a copy of the Reservation Agreement, and the Insurance card they may have been provided through the Riders Share dashboard.

Renter's Primary Responsibility

Renters are responsible for their own acts and omissions, as well as the acts and omissions of any individuals whom Renter invites to, or otherwise provides access to the motorcycle. Renter's use of these Services, and any resulting Rental Agreement, is conditioned on Renter's acceptance of Primary Responsibility as defined herein.

Renters agree and understand that any passenger to whom Renter provides access to a vehicle rented via these Services must sign the Passenger Release (as defined in the applicable Reservation Agreement), and Renter further agrees that their responsibility for such passenger shall also be primary.

Renter is responsible for any and all damages incurred during the rental period and return of the vehicle according to Renter's Reservation Agreement at the time specified therein, in the condition in which it was rented.

YOU AGREE AND ACKNOWLEDGE THAT AS A RENTER YOUR FINANCIAL RESPONSIBILITY IS PRIMARY WITH REGARDS TO DAMAGES, INJURIES, OR LOSSES INCURRED DURING YOUR RENTAL.  

Any insurance you provide shall be primary over any Riders Share protection plan or insurance coverage.

Renter agrees that Riders Share has no responsibility for any damages that Renter may cause, except to the extent Riders Share is found to be directly at fault under applicable law, provided that this limitation shall not apply to damages caused by Riders Share's gross negligence, willful misconduct, or breach of its express obligations under this Agreement. 

In the Event of an Accident

Renter shall do the following in the event of an accident during the rental period:

·        Notify authorities and seek medical attention immediately.

·         Inform the Owner as soon as possible, and allow Owner to retrieve and take possession of the motorcycle to prevent further damage or expense that Renter may otherwise be held responsible for, provided that Renter shall not be responsible for any additional damage or expense incurred after Owner takes possession.

·        Obtain names, addresses, phone numbers (work, home) and license numbers of all persons involved, including passengers and witnesses.

·        Obtain license plate number and state of equipment involved in the accident

·        To the extent possible, take photos of accident and document any damages to Passengers, or third party or other property damage

·        For smaller incidents, do not attempt to repair damage or replace parts without the Owner's consent

·        File a claim on the Riders Share website

There are no refunds for trip days remaining in the reservation following an accident.

Drop-off

When returning a motorcycle, Renter shall ensure return at the time designated in the Reservation Agreement. Renter shall ensure that fuel levels are the same as when the Rental period commenced. Renter shall notify Owner of any damages incurred during the Rental period. If the issues are the result of normal wear and tear, providing such information will be helpful to Owner and allow for safe and enjoyable use of the Riders Share service for the Riders Share community. If Owner does not believe that the reported damage is the result of normal wear and tear, Owner must notify Riders Share within seven (7) days of the end of the rental period, providing supporting evidence including photographs and a detailed description of the damage.

If fuel levels are not the same as when the rental commenced, the owner may charge refueling costs.

The following sections discuss damages that may be incurred during a reservation, any post-rental period settlement of Renter's payment method which shall remain pending until the Reservation Agreement has been satisfied and performed as agreed according to these terms, as reasonably determined by Riders Share.

Concluding the Reservation Agreement

Amounts agreed upon in advance through the reservation or for fees incidental to the rental (i.e., parking tickets, late fees, trip extensions, replacement of fuel) Riders Share may, subject to Delaware law and other applicable laws, use the informal dispute resolution authority granted by virtue of its role as payment agent (as further detailed in the Payment and Administrative terms). Riders Share may offer an expedited reimbursement tool through the User dashboard for amounts under $1,000.00 which may be billed to Renter’s payment method upon notification of deficiency, which Riders Share, in its reasonable discretion and based on supporting documentation, may use to authorize further payments due under the rental, provided that Renter shall have at least forty-eight (48) hours to dispute such charges before they are processed. All reimbursements are subject to a five percent (5%) processing fee charged by Riders Share, which fee shall not exceed the maximum amount permitted under Delaware law. 

Any balance remaining will be charged to and taken from the payment method Renter has authorized. If your authorized payment method has insufficient funds, Riders Share may take remedial actions to collect payment from you and pursue any avenues available to Riders Share to obtain payment to cover damages for which you bear responsibility. 

Renters agree, through insurance coverage or their authorized payment method, to pay the cost of repairing or replacing damaged items with equivalent items, or providing restitution for injuries or loss of property suffered by any persons as a result of any act or omission by Renter or a passenger in Renter's vehicle. 

Riders Share shall have reasonable discretion in determining if damages resulted from Renter's acts or omissions, based on available evidence including but not limited to inspection reports, photographs, police reports, and statements from the parties. You agree that we may forward payment requests on behalf of Owner and charge your authorized payment method should any insurance you carry be deemed insufficient, and Riders Share has a reasonable belief based on available evidence that you are responsible for the reported damages. Riders Share will provide you with notice and an opportunity to dispute such charges before processing payment, except in cases of suspected fraud or where immediate action is necessary to prevent further loss. If a vehicle has been damaged during the rental period, and the damage occurred as a result of vandalism or there is a reasonable suspicion of vandalism, a police report should be filed by the owner of the damaged vehicle before an insurance claim can be processed. Riders Share may waive this requirement in its reasonable discretion where circumstances make filing impractical or where other evidence sufficiently establishes the cause of damage.

Both Renter and Owner agree to cooperate with and assist Riders Share in good faith, and to provide Riders Share with such information and take such actions as may be reasonably requested by Riders Share, in connection with any complaints or claims made by Users relating to motorcycles or any personal or other property attached to the motorcycle or subject to the reservation between the Users. Subject to the Payment and Administrative Policy incorporated herein and Delaware law, you promise and agree to participate in the manner of dispute resolution Riders Share may determine is necessary for resolution of the matter, with Delaware serving as the exclusive venue for any legal proceedings. 

In the event Riders Share may determine it to be necessary, we may elect to act on behalf of the Owner as their designated payment agent, subject to terms incorporated herein. Upon determination that you are responsible for damages by an arbitrator or court of competent jurisdiction, or upon Riders Share's reasonable determination based on available evidence that you are responsible for damages, you may be required to pay any and all reasonable expenses related to the recovery of damages, fees, and penalties resulting from dispute resolution or arbitration, to the extent permitted by applicable law and the applicable arbitration rules. Your timely and cooperative response to any claims of damage, insurance claims, dispute resolution by Riders Share or a duly appointed third party is expected as a condition of your acceptance of primary financial responsibility.

Terms of Payment

Transactions will not be considered closed until thirty (30) days after the end of the rental and drop-off, except that any financial liabilities incurred during the rental period may be charged to Renter's designated payment method subject to the notice and dispute provisions set forth herein. Renters will be notified of any charges beyond the original rental amount prior to such charges being processed where commercially reasonable, or promptly after such charges are processed. For purposes of this provision, 'promptly' means within five (5) business days, except that notification may be provided within ten (10) business days in cases involving complex damage assessments, third-party billing delays, or pending investigations.  During this time the payment method used by our payment processor will remain open to cover the costs of incidentals, unless and until the parties have mutually agreed to conclude the reservation, and Owner has inspected the vehicle, no insurance and/or damage claim is open, and we are satisfied the transaction has been successfully completed.

Owner will be paid amounts due, to the payout information provided at the time of account creation. Payment will arrive within 7 business days of the end of the transaction. Payments may be held if Riders Share has not received notification that the reservation has concluded successfully by both parties. We reserve the right to hold funds due and payable for a reasonable period not to exceed 90 days if proper procedures are not followed, with notice to the affected party. We may take remedial actions on any account, including temporarily withholding funds, or suspending or terminating accounts if procedures set forth in these Terms are not followed, provided that any such withholding of funds will be released or applied within a reasonable time and in accordance with applicable law.

Collections

In addition to the amount due, and to the extent permitted by applicable law, delinquent accounts and/or chargebacks will be charged with reasonable fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to collection fees, convenience fees, and/or other third party charges. Members hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Riders Share by members. Such communication may be made by Riders Share, or by anyone on its behalf, including but not limited to a third-party collection agent.

You will be responsible for reasonable reimbursement of the fee of any collection agency, which may be based on a percentage at a maximum of 35% of the debt, subject to applicable law, and all costs and expenses, including reasonable collection and attorney’s fees incurred during collection efforts.

In order for Riders Share, or its designated external collection agency to service your account, and where not prohibited by applicable law, you agree that, subject to the requirements of the Telephone Consumer Protection Act (TCPA), Delaware debt collection laws, and other applicable laws, Riders Share and the designated external collection agency are authorized to (i) contact you by sending text messages (message and data rates may apply) or emails, using any email address you provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable. 

Insurance

Renters are required to provide proof of an auto liability insurance policy if they have a pre-existing policy, and they agree and understand that such policy shall be primary over any protection plan offered by Riders Share. For further information please review the Riders Share Insurance Terms. 

When you book a rental, you agree that if any damage occurs during the rental period, you will work with the Owner or Riders-Share to make a claim for coverage under any policy of insurance that applies to the loss. 

Renters can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the motorcycle during the rental by choosing the appropriate protection plan when this option is made available. The limitation on the amount a primary Renter may have to pay out of pocket, included in any protection plan, requires that you abide by these Terms at all times during the rental period. 

For motorcycles registered or located in New York, we require owners to maintain commercial insurance that provides certain coverage to Renters for rentals transacted through the Service.

In the event that a rental results in a claim covered by the owner’s insurance, we will make reasonable efforts to assist you in submitting a claim. We do not guarantee the results of any claim submitted for coverage under the owner’s insurance. In addition, you agree that all insurance-related communications will be conducted electronically. Please read the electronic business consent, which provides further details regarding your agreement to receive all insurance-related communications electronically.

Protection Plans

Protection Plans are offered by Riders-Share for rentals from our third-party partners.

Riders Share is not a broker, agent or insurer. 

Protection plans are excess offerings, which means that the personal insurance of the Renter is the primary insurance for coverage. The primary insurer shall be initially responsible for defending and indemnifying Renters in the event of a claim. Riders Share’s excess offerings provide coverage above a Renter’s underlying limit of primary insurance. The personal insurance of the Renter or authorized Passenger is the primary insurance for the rented Vehicle. It is understood and agreed that compliance with these Terms of Service, including but not limited to prohibited activities, is required in order for the Protection Plan to be applicable. Protection plans are available through the Services in jurisdictions where such plans (or type of plan) are permitted. 

With its protection plans, Riders-Share may provide coverage for vehicles that have been approved by Riders-Share for excess coverage. Liability, physical damage, comprehensive and collision excess coverage is available only for Renters or Owners during the rental period for rentals through the Riders Share.

In order for excess coverage through the Protection Plan to be applicable, the entirety of the rental transaction must occur through the Riders Share Services.

Riders Share Account Acceptable Use Policy

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 the Services, or any content you may post in your use of these Services. In connection with your use of our Services, you shall not:

●       breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights;

●       use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;

●       use the Services for any commercial or other purposes that are not expressly permitted by these Terms;

●       use the Services to connect with an Owner or Renter, and then perform a rental transaction outside of Riders Share to circumvent Riders Share’s fee

●       copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;

●      infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Riders Share, or that comes from the Services and belongs to another Rider Share user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Riders Share

●       interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

●       use our 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;

●        use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to motorcycle rentals;

●        “stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user or otherwise communicate with a Riders Share user for any reason other than to book a reservation, or as specifically required by an Owner-Renter transaction.

●       offer, as an Owner, any motorcycles that you do not yourself own or have permission to offer as a rental

●       offer, as an Owner, any motorcycle that may not be rented pursuant to the terms and conditions of an agreement with a third party;

●       register for more than one Riders Share Account or register for a Riders Share Account on behalf of an individual other than yourself unless explicitly authorized by these terms or Riders Share in writing;

●       contact an Owner for any purpose other than asking a question related to a booking such Owner’s motorcycles or Listings;

●       contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;

●       as a Member, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Riders Share;

●       use automated scripts to collect information or otherwise interact with the Services;

●       use the Services to find an Owner or Renter and then complete a booking of a motorcycle transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Riders Share’s provision of the Services;

●       as an Owner, submit any Listing with a false or misleading price information or submit any Listing with a price that you do not intend to honor;

●       fail to respond timely to Reservation requests, or requests for further information. Users shall complete a Reservation Agreement for any transaction arising from any communication, negotiation or discussion arising between Users of this Service. Users agree that they shall use Riders Share to complete all transactions or rental arising therefrom, and that failure to complete a requested rental, for failure to enter into a Reservation or non-responsiveness may mean termination or suspension of the Reservation request, further misuse, or workarounds may be cause for remedial action against your User account.

●       post, upload, publish, submit or transmit any Content that, in Riders Share’s sole judgment:

 (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 

(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;

 (iii) is fraudulent, false, misleading, libelous or deceptive; 

(iv) is defamatory, obscene, or serves to offend members of the Riders Share community

(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group based on an individual’s race, religion, color, sex, ethnicity, national origin, sexual orientation, gender identity, or marital status. 

(vi) threatens or promotes violence or actions that are threatening to any other person; 

(vii) promotes illegal or harmful activities or substances;

(viii) encourages violations of Rider Share Terms.

●       systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. Additionally, Members may not harvest or otherwise collect information about or from Members without their and Riders Share consent;

●       access any Services or Content on the Riders Share through any technology or means other than those provided or authorized by the Service in a manner intended to bypass security, restrict access or otherwise interfere with Rules, Terms or Protocols intended to safeguard the integrity of the Service or facilitate transactions between Users.

●       use, display, mirror or frame the Services, or any individual element within the Services, Riders Share’s name, any Riders Share trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Riders Share’s express written consent;

●       access, tamper with, or use non-public areas of the Services, Riders Share’s computer systems, or the technical delivery systems of Riders Share’s providers;

●       attempt to probe, scan, or test the vulnerability of any Riders Share system or network or breach any security or authentication measures;

●       avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Riders Share or any of Riders Share’s providers or any other third party (including another user) to protect the Services or Content;

●       forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;

●       attempt to scrape assets and content from the website

●       commercialize any content found on the Services or software associated with the Services, including reviews

●       attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or

●       endeavor to circumvent a suspension, termination, or closure of your Riders Share Account or the account of another Member, including, but not limited to, creating a new Riders Account or listing vehicles affiliated with or registered to a Rider Share Account holder that has been suspended, terminated, or closed

●       advocate, encourage, or assist any third party in doing any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your use of the Services, or review the content of listings or User accounts to verify their accuracy or compliance with these terms, except as required by applicable law. We encourage Users to inform us of violations of this Acceptable Use Policy. At our discretion we shall review such reports. We shall not incur an obligation to take action unless we independently determine a violation of any Riders Share terms and policies has occurred, or as otherwise required by law.

Riders Share reserves the right, at any time and without prior notice except as required by applicable law, to suspend, terminate or disable access to any User Account, or related Content that Riders Share, at its sole discretion, considers to be objectionable for or appears to be a violation or imminent violation of these Terms or is otherwise harmful to the Services. Where feasible and not contrary to legal obligations or platform security, Riders Share will endeavor to provide reasonable notice before termination.

International Rentals

Riders Share may partner with various international rental agencies to facilitate rentals in non-US jurisdictions. Such partnership, and the terms of rental, including all applicable fees, insurance requirements, cancellation policies, and local regulations, shall be clearly disclosed in the related listing. All listings must be in English with any local language terms clearly translated. For international rentals the following terms may be found in this Community Guidelines.

Other Users; No Endorsement

While we may take actions to verify User identities and descriptions and information regarding vehicles available via the Service to the extent we deem appropriate, Riders Share does not endorse any Users, any user content, or listings, and makes no representations or warranties regarding the accuracy or completeness of any verification performed. You are solely responsible for your interactions with other Users. We rely on our community to improve and maintain the community by providing feedback subsequent to a rental or to report any inaccuracies or violations of our Terms. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Riders Share shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to rentals or the Service. You acknowledge that Riders Share does not offer transportation services or motorcycle rental services. Instead, the Service is a platform that allows Renters and Owners to transact rentals directly with each other, and Riders Share acts solely as an intermediary facilitating such transactions.

By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to the User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from Riders Share with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint venturers, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service. If you are a California resident, to the extent permitted by law, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You expressly waive and relinquish all rights and benefits under Section 1542 and any law of any jurisdiction of similar effect with respect to any claims you may have against Riders Share, to the maximum extent permitted by applicable law. 

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS. RIDERS SHARE CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY MOTORCYCLES PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. RIDERS SHARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND USER CONTENT. ACCORDINGLY, ANY RENTALS MADE BY A USER, RENTER, AND/OR OWNER WILL BE MADE AT THE USER, RENTER, AND/OR OWNER'S OWN RISK.

Riders Shares Services Does Not Constitute Legal Advice

To the extent forms or templates may be provided to document a Reservation Agreement between users or for any other purposes, you are hereby informed that Riders Share is not providing legal advice or assisting in the preparation of forms. You are advised to contact an attorney to the extent you require an agreement adapted to your particular use.

To the extent any help articles or FAQs are published providing generalized guidance, this does not constitute legal advice, and should not be relied on as such.

Licensing and Proprietary Terms

You retain all ownership rights in your user content. By posting any user content on the Service, you expressly grant, and you represent and warrant that you have the right to grant, to us a royalty-free, sublicensable, transferable, perpetual (or for the maximum duration permitted by applicable law), irrevocable (except as required by applicable law), non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service and Riders Share's (and its successors' and affiliates') business operations, provided that such use complies with applicable privacy and data protection laws.

End User Licenses

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use of the Riders Share platform for your personal use, as agreed.

 Riders Share reserves all rights not expressly granted herein in the Service and the Riders Share Content (as defined below). Riders Share may terminate this license at any time for any reason or no reason.

License Grant

Riders Share hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Riders Share Software for one Riders Share Member Account on one mobile device owned or leased solely by you, for your personal use.

Software Upgrades

You acknowledge that we may from time-to-time upgrade versions of this platform including the software. You consent to such automatic upgrading on the device you use to access this Service.

Third-Party Code

Any third-party code that may be incorporated in our software is covered by the applicable open source or third-party license EULA, which authorizes use of such code.

Rights Reserved

The foregoing license grant is not a sale of our software or any copy thereof, and Riders Share or its third-party partners or suppliers retain all right, title, and interest therein. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.

Export Control

The Riders Share platform and attendant services and software originate in the United States and is subject to United States export laws and regulations. This platform and software may not be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States.

Our Proprietary Rights

Except for your user content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and user content and all intellectual property rights related thereto, are the exclusive property of Riders Share and its licensors. 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 Service. Use of the materials on the Service for any purpose not expressly permitted by this agreement is strictly prohibited.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure, in accordance with applicable state and federal privacy laws. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge the inherent security risks in electronic transmission and storage of data. Notwithstanding the foregoing, Riders Share remains responsible for security breaches resulting from our gross negligence or willful misconduct in failing to implement reasonable security measures as required by applicable law.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure, in accordance with applicable state and federal privacy laws. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge the inherent security risks in electronic transmission and storage of data.

DMCA Notice

Since we respect content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

• If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Riders Share's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Service;
• Information reasonably sufficient to permit Riders Share to contact you, such as your address, telephone number, and, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent: 

Attn: DMCA Notice Riders Share, Inc. 

Email: info@RidersShare.com

Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse any such sites, or the information, materials, products, or services contained on or accessible through such sites. If you access a third-party website from the Service, you do so at your own risk. You agree that Riders Share shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers, affiliates or third parties.

No Warranty

IF YOU CHOOSE TO USE THE SERVICE AND/OR PARTICIPATE IN A RENTAL, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT RIDERS SHARE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO RENTERS AND OWNERS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIDERS SHARE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, RIDERS SHARE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE RIDERS SHARE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.

YOU UNDERSTAND THAT RIDERS SHARE DOES NOT COMPREHENSIVELY VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND RIDERS SHARE IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.

RIDERS SHARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RIDERS SHARE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND RIDERS SHARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIDERS SHARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL RIDERS SHARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RIDERS SHARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL RIDERS SHARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY YOU TO RIDERS SHARE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100), EXCEPT FOR LIABILITY ARISING FROM RIDERS SHARE'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR AS OTHERWISE PROHIBITED BY APPLICABLE LAW.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RIDERS SHARE AND YOU.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RIDERS SHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

The Service is controlled and operated from its facilities in the United States. Riders Share makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Termination

You may terminate your participation in the Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.

Governing Law

This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the state and federal courts located in Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court, or if the arbitration provision below is found to be unenforceable. 

Arbitration

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RIDERS SHARE ("COMPANY").

Any legal or equitable dispute, claim, or controversy arising from or relating to these Terms or the breach, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement, shall be finally resolved exclusively by binding arbitration/dispute resolution through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its "Abridged Rules and Procedures" by a professional Neutral with relevant experience (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under these terms or, if silent, in accordance with the rules and procedures of the New Era Platform. The [SBB1] Neutral may award attorneys' fees and costs to the prevailing party if permitted by applicable law and the Neutral determines such an award is warranted under the circumstances. Judgment on the arbitration award may be entered in any court having jurisdiction.
A party shall initiate an arbitration through New Era ADR at https://app.neweraadr.com. The contact information for Riders Share shall be : info@RidersShare.com  and for the User it  shall be the last known email address. For more information on initiating disputes please go to New Era ADR’s Virtual Arbitration Help Center. For support when initiating a dispute please contact support@neweraadr.com.

Arbitration Venue and Seat. The legal seat of any arbitration conducted under this Agreement shall be the State of Delaware. The arbitration proceedings may be conducted remotely via the New Era Platform or, if an in-person hearing is required or requested by either party, at a location in Delaware to be determined by the Neutral. The parties may mutually agree in writing to an alternative venue for in-person proceedings.

 [SBB1]We changed the fee-shifting provision to make it discretionary rather than mandatory. Mandatory fee-shifting against us (as a service provider dealing with consumers) could make the arbitration agreement unenforceable as unconscionable under many state laws. The revision ensures the Neutral has discretion to award fees only when warranted, which is the safer approach.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY APPLICABLE LAW. THIS WAIVER APPLIES TO CLASS ARBITRATION. UNLESS RIDERS SHARE AGREES OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RIDERS SHARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Entire Agreement/Severability

This Agreement, together with all amendments executed in writing by both parties, all documents expressly referenced and incorporated by reference in this Agreement, and any other legal notices and agreements published by Riders Share via the Service and accepted by you, shall constitute the entire agreement between you and Riders Share concerning the Service. If a court of competent jurisdiction or arbitrator deems any provision of this Agreement invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent. If such modification is not possible, the invalid or unenforceable provision shall be severed from this Agreement.