Last Updated: December 1, 2016
These Terms of Use ("Terms") govern the access or use by you, an individual, from within the United States and its territories and possessions of applications (“You”), websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by ShareLift Corp and its subsidiaries and affiliates (collectively, "ShareLift"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ShareLift. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. ShareLift may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. You must agree to and accept all of the Terms, or you do not have the right to use the Services.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
ShareLift may amend the Terms related to the Services from time to time. Amendments will be effective upon ShareLift's posting of such updated Terms at this location, or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in ShareLift's Privacy Policy located at www.ShareLift.com/privacy.
ShareLift provides a marketplace where persons who seek transportation to certain ski resorts (“Riders”) can be connected with persons driving to those ski resorts (“Drivers”). The connected Driver and Rider may travel together (“Carpool”) for a portion or all of the Driver’s trip. For purposes of this Agreement, the driving services provided by Drivers to Riders that are connected through the Platform shall be referred to collectively as the “Services”. Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the ShareLift application. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
YOU ACKNOWLEDGE AND AGREE THAT SHARELIFT DOES NOT PROVIDE TRANSPORTATION SERVICES AND THAT SHARELIFT IS NOT A TRANSPORTATION CARRIER OR A TRANSPORTATION NETWORK COMPANY. IT IS SOLELY UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER, AND IT IS SOLELY UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER DETERMINES A CONNECTION WITH ANOTHER USER THROUGH SHARELIFT IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION AND IS AT THAT USER’S SOLE RISK. SHARELIFT OFFERS INFORMATION AND A METHOD TO ENABLE DRIVERS AND RIDERS TO CONNECT WITH EACH OTHER, BUT DOES NOT INTEND TO AND DOES NOT PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, OR A TRANSPORTATION NETWORK COMPANY AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, INJURY OR ANY OTHER TYPE OF DAMAGE INCLUDING WITHOUT LIMITATION ANY CLAIM RELATED TO SERVICES PROVIDED TO ANY RIDER BY ANY DRIVER USING SHARELIFT.
SHARELIFT DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE SUITABILITY, SAFETY, ELIGIBILITY, OR ABILITY OF DRIVERS OR RIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A DRIVER OR RIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. SHARELIFT WILL NOT PARTICIPATE IN DISPUTES BETWEEN OR AMONG YOU AND ANY USER, DRIVER AND/OR RIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING DRIVERS OR RIDERS THAT ARE POTENTIALLY DANGEROUS, THREATENING TO THE LIFE AND/OR HEALTH OF USERS AND/OR OTHER PEOPLE, DAMAGING TO YOUR OR OTHER THIRD PARTY’S PROPERTY, UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF DRIVERS OR RIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS SOLELY AT YOUR OWN RISK AND JUDGMENT. YOU ARE SOLELY RESPONSIBLE AND BEAR ALL RISKS FOR CHOOSING THE INDIVIDUALS WITH WHOM YOU TRAVEL. SHARELIFT SHALL NOT HAVE ANY LIABILITY, RESPONSIBILITY, OR OBLIGATION ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH DRIVERS OR RIDERS AND/OR ANY RIDES OR TRIPS YOU TAKE IN CONNECTION WITH SHARELIFT’S SERVICES.
The Services are made available solely for your personal noncommercial use.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other Users. In order to display your User Submissions on the Services, and to allow other Users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant ShareLift a royalty-free, worldwide, perpetual, irrevocable, transferable, assignable, sublicensable license to translate, modify (for technical purposes, for example making sure your content is viewable on mobile devices), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only - your ownership in User Submissions is not affected.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified Users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant ShareLift the license above, as well as a royalty-free, worldwide, perpetual, irrevocable, transferable, assignable, sublicensable license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all ShareLift Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with ShareLift’s business, provided that ShareLift will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. In addition, you grant all other Users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
Finally, you understand and agree that ShareLift, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by ShareLift; (iii) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to, or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain ShareLift's exclusive property or the property of ShareLift's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ShareLift's company names, logos, product and service names, trademarks, or services marks, or those of ShareLift's licensors.
In order to use aspects of the Services, you must download the Application and register for an account (“Account”) by logging in using your credentials from Facebook Connect. You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to ShareLift certain personal information, such as your name, address, mobile phone number, and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services, or ShareLift's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ShareLift in writing, you may only possess one Account. You must notify ShareLift immediately if you suspect any unauthorized use of your Account or any other breach of security.
ShareLift is not available to children under the age of 18 or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. If we discover or have any reason to suspect that you are not at least 18 years of age, we reserve the right to suspend or terminate your access to the Service immediately and without notice.
Individuals who have been convicted of (a) any felony; (b) any serious criminal offense, including, but not limited to sexual and/or violent offenses; or (c) any misdemeanor within the past seven (7) years are not eligible to use the Service. By using the Service, you represent and warrant that you have never been convicted of (a) any felony; (b) any serious criminal offense, including, but not limited to sexual and/or violent offenses; (c) and that you have not been convicted of committing a misdemeanor in the seven (7) years prior to applying for an Account. If you are convicted of a felony or misdemeanor after you start using the Service, you must notify us and stop using the Service immediately. Any false representation or unauthorized use of the Service may result in immediate termination of all rights to use or access the Service, and may be subject to legal action.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
The Driver agrees:
•The Driver must be at least 21 years of age
•The Driver will not attempt to defraud ShareLift or Riders on the ShareLift Platform or in connection with the Driver’s provision of Services. The trip shall not be for any fraudulent, unlawful, or criminal activity. If we suspect that the Driver has engaged in fraudulent activity, we may withhold applicable gas payments for the Ride(s) in question.
•The Driver possesses a valid driver’s license, is authorized and medically fit to operate a motor vehicle, and has all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which he/she provides Services.
•The Driver owns, or has the legal right to operate, the vehicle he/she uses when providing Services, and 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.
•The Driver will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing 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 ShareLift community or third parties.
•The Driver will only provide Services using the vehicle that has been reported to ShareLift for which a photograph has been provided to ShareLift, and the Driver will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
•The Driver has 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 Services, as outlined in Section 8.
•That the Driver will present themselves on time and at the place agreed with the specified vehicle.
•That the Driver will immediately inform all Passengers of any change whatsoever to the trip. If one or more Passengers have made a booking and the Driver decides to change any aspect of the trip, the Driver undertakes to contact all Passengers who have made a booking in relation to that trip and to obtain the agreement of all Passengers to the change. If a Passenger refuses the change, they are entitled to a full refund without any compensation being paid to the Driver.
•The Driver must wait for the Passenger at the pickup point for at least 15 minutes after the agreed time (however, the Passenger is expected to be punctual).
•The Driver will not make any misrepresentation regarding ShareLift, the ShareLift Platform, the Services, and/or your status as a Driver.
•The Driver will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for Rides (except as expressly provided in this Agreement), 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 the Driver’s obligations under this Agreement.
•The Driver will make reasonable accommodation for Riders and/or service animals, as required by law.
•The Driver agrees that ShareLift may obtain information about him/her, including his/her criminal and driving records, and he/she agrees to provide any further necessary authorizations to facilitate ShareLift’s access to such records during the term of the Agreement.
If a Driver fails to comply with any of these terms or any other Terms and Conditions, ShareLift reserves the right to keep information relating to the breach, and suspend or withdraw the User’s access to the application.
The Passenger agrees:
•That the trip shall not be for any fraudulent, unlawful or criminal activity.
•That he/she will present themselves on time and at the place agreed with the Driver.
•That he/she will immediately inform the Driver or ShareLift if he/she is required to cancel a trip.
•The Passenger agrees to wait at the pickup point for at least 15 minutes after the agreed time for the Driver to arrive.
If a Passenger fails to comply with any of these terms or any other Terms and Conditions, ShareLift reserves the right to keep information relating to the breach and suspend or withdraw the User’s access to the application.
The Service allows you to Carpool with other individuals who register as Riders or Drivers with the Service. We do not assess the suitability of individuals as Riders or Drivers, and in all cases decline any liability associated with you being introduced to another person through the Service and any related eventualities. While we may perform certain checks to determine the eligibility of Riders and Drivers as documented on our Site, we cannot guarantee that the results of those checks are accurate and up to date, and we do not control the data Riders or Drivers may provide, the ability of Drivers to drive legally and safely, the condition of Driver vehicles, or a Rider or Driver’s criminal background, etc. As a result, there are risks, including, but not limited to, the risks of dealing with: strangers, underage persons, or people acting under false pretenses. Because of the high precision with which we compute your location, it is theoretically possible to trace a location entered in the Service back to a physical location such as your current location, a home, or a work place. It is also theoretically possible that someone could misuse the information acquired through the Service to commit a crime. In all cases you agree to assume all risks, and we disclaim all liability arising out of your use of the Service. Any decision by a Rider or Driver to offer or accept transportation once such Rider or Driver is connected through the Service is a decision made in such Rider or Driver’s sole discretion. It is solely up to a Driver whether or not to offer a Ride. Likewise, it is solely up to a Rider whether or not to take a Ride with a Driver. Drivers and Riders are responsible for all safety measures associated with using the Service, including, but not limited to, safe stopping and wearing seat belts and each person using the Service assumes all risk associated with another person in a motor vehicle. ShareLift does not and does not intend to and does not provide transportation services or act in any manner as a transportation carrier, and disclaims all responsibility or liability for any transportation services provided by a Driver to a Rider using the Service. If you do not feel comfortable sharing a Ride for any reason, you should use another means of transportation. The Service may provide you suggestions, best practices and documentation related to carpooling. These are provided for reference and we are not liable for any consequences arising out of any decisions made by you, regardless of whether the decision was influenced by the Service. In all cases you agree to assume all risks, and we decline all liability arising out of your use of the Service.
Ratings: At the conclusion of each Ride, ShareLift allows both Drivers and Passengers to rate the other party on how well they performed during the service. This rating takes into account reliability, punctuality, safety, and other factors that are involved in the Ride. Outside of ShareLift employees, ShareLift in no way influences or tampers with the ratings of Users, and Users are solely responsible for providing feedback that determines the average rating of each User. Ratings are provided for reference, and we are not liable for rating or for any consequences arising out of any decisions made by you, regardless of whether the decision was influenced by the Service. In all cases, you agree to assume all risks, and we decline all liability arising out of your use of the Service.
Connecting Users: ShareLift offers information and an ability to connect Drivers and Riders with each other in order to travel to ski resorts, and does not match Users. It is solely up to the Driver to decide whether or not to offer a Ride to a Rider, and it is solely up to the Rider to decide whether or not to accept a Ride from any Driver. Any decision by a User to offer or acept transportation once such User determines a connection with another User through ShareLift is a decision made in such User’s sole discretion and is at that User’s sole risk.
ShareLift is not a service for people to meet each other for a romantic interaction. ShareLift does not provide online dating services or act in any manner as an online dating service.
ShareLift does not intend to provide matching services or act in any manner as a matching service, and has no responsibility or liability for any voluntary match of any Rider by any Driver, or of any Driver by and Driver using ShareLift. User suggestions are provided for reference, and we are not liable for any consequences arising out of any decisions made by you, regardless of whether the decision was influenced by the Service. In all cases, you agree to assume all risks, and we decline all liability arising out of your use of the Service.
ShareLift strictly prohibits discrimination on any basis including without limitation of race, national origin, religion, sex, gender identity, physical or mental disability, marital status, age, or sexual orientation. By accessing, downloading, or using the Service, you agree you will not discriminate or engage in harassment on any basis including without limitation race, national origin, religion, gender, gender identity, physical or mental disability, marital status, age, or sexual orientation. We reserve the right to suspend or terminate your access to the Service immediately and without notice for any violation of this policy. To report a violation of ShareLift’s Non-Discrimination Policy, please contact us at: support@ShareLiftapp.com.
By becoming a User, you agree to receive communications via email, text message, and/or calls from ShareLift or fellow Users. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from ShareLift, its affiliated companies and/or Users, may include, but are not limited to: operational communications concerning your User account or use of the ShareLift Platform or Services, updates concerning new and existing features on the ShareLift Platform, communications concerning promotions run by us or our third party partners, and news concerning ShareLift and industry developments. 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. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SHARELIFT PLATFORM OR THE SERVICES.
By creating an Account, you agree that the Services may send you informational push notifications to your personal device as part of the normal business operation of your use of the Services. You may opt-out of receiving push notifications from ShareLift at any time by adjusting your mobile device notification settings. You acknowledge that opting out of receiving push notifications may impact your use of the Services, including but not limited to missing Ride notifications, missing updates to Rides you are apart of, missing notifications when your Driver has arrived, and missing notifications of additional incentives to use ShareLift.
ShareLift may, in ShareLift's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that ShareLift establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by ShareLift; (iii) may be disabled by ShareLift at any time for any reason without liability to ShareLift; (iv) may only be used pursuant to the specific terms that ShareLift establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. ShareLift reserves the right, in ShareLift’s sole discretion, to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that ShareLift determines or believes, in ShareLift’s sole discretion, that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
ShareLift may, in ShareLift's sole discretion, distribute incentives that may be redeemed at ski resorts, or to other locations related to the Services, subject to any additional terms that ShareLift establishes on a per incentive basis ("Incentives"). You agree that Incentives: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ShareLift; (iii) may be disabled by ShareLift or ski resort at any time for any reason without liability to ShareLift or ski resort; (iv) may only be used pursuant to the specific terms that ShareLift establishes for such Incentive; (v) are not valid for cash; and (vi) may expire prior to your use. ShareLift reserves the right to withhold the redemption of Incentives by you or any other User in the event that ShareLift determines or believes that the use or redemption of the Incentive was in error, fraudulent, illegal, or in violation of the applicable Incentive terms or these Terms.
ShareLift may, in ShareLift's sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to ShareLift through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to ShareLift, you grant ShareLift a worldwide, perpetual, irrevocable, transferable, assignable, royalty-free, fully paid-up license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ShareLift's business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content, or you have all rights, licenses, consents, and releases necessary to grant ShareLift the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content, nor ShareLift's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ShareLift in its sole discretion, whether or not such material may be protected by law. ShareLift may, but shall not be obligated to, review, monitor, or remove User Content, at ShareLift's sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ShareLift does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
ShareLift is not responsible for, and does not maintain insurance coverage for, any damaged or lost personal items associated with your use of the Service.
ShareLift strictly prohibits open containers of or in consumption of alcohol in a Driver’s vehicle, regardless of whether you are a Driver or Rider. ShareLift strictly prohibits the use of alcohol or drugs by any Driver using the Service. If you suspect a Driver is driving under the influence of alcohol or drugs, take all steps necessary to protect yourself and do not get into the car, or leave the Driver’s vehicle as soon as possible. Call the authorities if necessary, and inform ShareLift of the incident. To report a violation of ShareLift’s Drug and Alcohol Policy, please contact us at: support@ShareLiftapp.com.
As a Rider, you agree to pay the amounts charged for your use of the ShareLift Platform and Services (“Charges”). Charges are only for expenses incurred by the Driver for the Ride to take place. You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. ShareLift will quote you a Charge at the time of your request. The quote is subject to change until the Ride request is confirmed. If during your Ride, you attempt to abuse the ShareLift Platform by delaying the trip or having the Driver drive an indirect route, we may cancel the original quoted Charge and charge you a higher Charge based on the time and distance of your Ride. ShareLift does not guarantee that the quoted price will be equal to a variable Charge for the same Ride.
Cancellation Fee. After requesting a Ride, you may cancel it through the 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 ShareLift’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Driver who had accepted your Ride request.
Damage Fee. 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 ShareLift in its sole discretion), towards vehicle repair or cleaning. ShareLift reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Driver whose car was damaged.
Other Charges. Other fee and surcharges may apply to your Ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by ShareLift or its marketing partners, and processing fees for split payments. In addition, where required by law ShareLift will collect applicable taxes.
All Charges are facilitated through a third party payment processing service (Stripe) and will be subject to such payment processor’s Terms and Conditions and Privacy Policy (HYPERLINK), which we suggest you review and make sure you are comfortable prior to use of Stripe’s payment processing services. ShareLift may replace its third party payment processing services without notice to you. Charges will not be made through the ShareLift Platform.
All Charges are non-refundable. This no-refund policy shall apply at all times, regardless of your decision to terminate usage of the ShareLift Platform, any disruption to the ShareLift Platform or Services, or any other reason whatsoever.
If you are a Driver, you will receive payment for your provision of Services. ShareLift will process all payments due to you through its third party payments processor (Stripe). You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
Pricing. You expressly authorize ShareLift to set prices on your behalf for all Charges that apply to the provision of Services. ShareLift reserves the right to change the Charge schedule at any time, in our sole discretion, and we will provide you with notice in the event of changes to the base charge, per mile, or flat rate amounts that would result in a change in the applicable Charge.
Charge Adjustment. ShareLift reserves the right, in its sole discretion, to adjust or withhold all payment, or a portion of payment, if (i) it believes that you have attempted to defraud or abuse ShareLift or ShareLift’s payment systems; or (ii) it is in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the ShareLift application when the Ride was over).
Users accept that given the nature of the service, Drivers and Passengers will have no recourse to ShareLift for any aspect of the transaction, including in relation to cancellation, last minute changes, failure by the Driver or the Passenger to turn up, or non-payment of the Charge. In particular it is the Driver’s responsibility to collect payment from the Passenger at the time of the Ride.
ShareLift will not contact either party, and will take no other steps whatsoever in the connection of two Users through our platform. The operation of the Ride is solely managed by the respective Driver and Passenger(s).
The Driver may collect no payment from the Passenger other than the Charge calculated by ShareLift, as this amount is a calculation of expenses accrued by the Driver (fuel, maintenance, repairs, depreciation, and insurance of their vehicle), and is guaranteed that the total Charge requested from Passengers does not result in the vehicle running for livery conveyance, public conveyance, for hire, or for reward.The Driver must not in any event provide his/her vehicle for livery conveyance, public conveyance, for hire, or for reward.
If the Driver does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Ride for any other reason, the Driver will be responsible for the financial consequences, losses, and damages arising, and ShareLift will not be liable under any circumstances to the Driver or the Passenger.
ShareLift reserves the right, but not the obligation at its own discretion, to suspend immediately the account of a User including the money displayed, and to make aware to competent authorities any professional activity.
The Driver agrees and undertakes to take out and maintain a comprehensive valid insurance policy satisfying state and local laws where the vehicle is registered, and covering the vehicle such Driver uses when accepting Riders. Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver's vehicle to cover any anticipated losses related to such Driver's provision of Rides to Riders. The Driver agrees that they will, on request, provide the Passenger with evidence, in advance of the trip, of the complete validity of their insurance policy. The Driver also undertakes to hold a valid driving licence and that the Driver will own, or will be entitled to use, the vehicle and the Passenger is entitled to request evidence of the Driver’s insurance, registration, and driving licence at any time up to completion of the Ride.
It is ShareLift’s understanding that governmental authorities take the view that a Passenger who contributes only towards travel expenses is treated as without hire or reward to the driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in the United States. However, ShareLift gives no warranty or assurance in this regard and it is the Driver’s responsibility to verify that their insurance provides adequate cover.
It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance. The Driver must confirm that their insurance policy allows them to carry Passengers, and that their insurance policy covers all Passengers and any accident or incident which may occur during a trip. The Driver and the Passenger are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Driver had made ,or was seeking to make, a profit.
The Driver may collect no payment from the Passenger other than the Charge calculated by ShareLift, as this amount is a calculation of expenses accrued by the Driver (fuel, maintenance, repairs, depreciation, and insurance of their vehicle), and is guaranteed that the total Charge requested from Passengers does not result in the vehicle running for livery conveyance, public conveyance, for hire, or for reward.The Driver must not in any event provide his/her vehicle for livery conveyance, public conveyance, for hire, or for reward.
If the Driver does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Ride for any other reason, the Driver will be responsible for the financial consequences, losses, and damages arising, and ShareLift will not be liable under any circumstances to the Driver or the Passenger.
ShareLift reserves the right, but not the obligation at its own discretion, to suspend immediately the account of a User including the money displayed, and to make aware to competent authorities any professional activity.
Location data provided by the Service is provided for informational purposes, 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 a safety issue, death, personal injury, property, or environmental damage. Neither ShareLift, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Service.
The Services may be made available or accessed in connection with third party services and content (including advertising) that ShareLift does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. ShareLift does not endorse such third party services and content and in no event shall ShareLift be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract, and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
The ShareLift platform integrates a variety of third party developer Application Program Interfaces, and associated software ("APIs"). This includes, but is not limited to, Google and Stripe. By accessing or using our services, you are agreeing to the terms set forth by all APIs that we use. For a complete list of APIs and their terms, please contact support@ShareLiftapp.com.
ShareLift is a marketplace that provides Users transportation options to ski resorts and destinations (“Destinations”). ShareLift’s Destinations include, but are not limited to: Alta Ski Resort, Beaver Mountain, Brian Head, Brighton, Deer Valley, Eagle Point, Nordic Valley, Park City Mountain Resort, Powder Mountain, Snowbasin, Snowbird, Solitude Mountain Resort, Sundance Resort, Big Sky, Blacktail Mountain Ski Area, Bridger Bowl, Discovery Ski Area, Great Divide, Lost Trail-Powder Mountain, Maverick Mountain, Montana Snowbowl, Red Lodge Mountain, Showdown Montana, Teton Pass Ski Resort, Whitefish Montana Resort, Silver Mountain, Bogus Basin, Brundage Mountain Resort, Kelly Canyon Ski Resort, Lookout Pass Ski Area, Magic Mountain Ski Area, Pebble Creek Ski Area, Pomerelle Mountain Resort, Schweitzer, Soldier Mountain Ski Area, and Sun Valley.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SHARELIFT AND ITS DESTINATIONS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SHARELIFT AND ITS DESTINATIONS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SHARELIFT AND ITS DESTINATIONS DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SHARELIFT AND ITS DESTINATIONS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SHARELIFT OR ITS DESTINATIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ShareLift AND ITS DESTINATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SHARELIFT OR ITS DESTINATIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHARELIFT AND ITS DESTINATIONS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. IN NO EVENT SHALL SHARELIFT'S OR ITS DESTINATION’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
SHARELIFT’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH USERS, BUT YOU AGREE THAT SHARELIFT AND ITS DESTINATIONS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 11 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless ShareLift and its Destinations, officers, directors, employees, and agents from any and all claims, demands, losses, liabilities, and expenses (including without limitation attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ShareLift's use of your User Content; or (iv) your violation of the rights of any third party, including without limitation Third Party Providers.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and ShareLift, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and ShareLift are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and ShareLift otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and ShareLift otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ShareLift submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. ShareLift will not seek, and hereby waives all rights ShareLift may have under applicable law to recover, attorneys' fees and expenses if ShareLift prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, ShareLift will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the modification-related provisions above, if ShareLift changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing ShareLift written notice of such rejection by mail or hand delivery to: ShareLift Corp, PO Box 10667 Bozeman, MT 59718, or by email from the email address associated with your Account to: support@ShareLiftapp.com, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and ShareLift in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms are governed by and construed in accordance with the laws of the State of Montana, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. Any legal suit, action or proceeding that derives or arises as a result of this Agreement shall be instituted in the state or federal courts of the United States of America in Missoula, MT, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
Claims of copyright infringement should be sent to ShareLift's designated agent. Please email ShareLift at support@ShareLiftapp.com for the designated address and additional information.
ShareLift may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post), or 12 hours after sending (if sent by email). You may give notice to ShareLift, with such notice deemed given when received by ShareLift, at any time by first class mail or pre-paid post to ShareLift Corp, PO Box 10667 Bozeman, MT 59718.
You may not assign these Terms without ShareLift's prior written approval. ShareLift may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of all or substantially all of ShareLift's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, ShareLift, or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law. ShareLift's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ShareLift in writing.
You may terminate your Account or your use of the Services at any time by contacting us at support@ShareLiftapp.com. ShareLift reserves the right to terminate or suspend the Services or your Account at any time, for any or no reason, and without explanation or prior notice. These Terms will automatically terminate upon your breach of these Terms. If terminated, you must immediately destroy all copies of the Application. Upon termination, we will remove your personally identifiable information from the Services, although some information (including personally identifiable information) may be archived indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud, abuses or a breach of our contract. Any promotional credits or coupons we may have made available to you will be forfeited upon termination.