Terms of Service
Jumpr, Inc. has created a technology platform comprised of websites (the “Jumpr Websites”) and mobile software (the “Jumpr app”) that offer users a method to arrange and schedule ride-sharing opportunities (collectively, the “Services”). The Services allow any user to share an itinerary of a proposed road trip (the “Ride”) through the Services. Users may participate in the Ride as either a driver providing rides to other users (“the “Driver”) or as a passenger receiving rides from other users (the “Passenger”). While the Services include a platform and method to facilitate the connection of Drivers and Passengers, the arrangement of Rides, and the transfer of funds to reimburse Drivers for mileage, the Rides themselves are not a part of the Services, and Jumpr, Inc. is neither involved in such transportation services nor is a transportation carrier.
By visiting the Jumpr Websites, registering to use the Services, or by downloading or using the Jumpr app, you agree to and are bound by the terms and conditions in this Agreement.
If you do not accept the terms and conditions of this Agreement, you are not authorized to use the Services, the Jumpr Websites, or the Jumpr app. We may modify this Agreement at our sole discretion at any time, with or without notice. Such modification will be effective upon posting to the jumpr.it website or the Jumpr app, though we will endeavor to notify our Users of any such changes via notification when using the Services. Your continued use of the Jumpr Websites, Jumpr app and Services after changes are posted constitutes your acceptance of this Agreement as modified.
Service Eligibility Requirements
Jumpr intends to build a community of Users who are interested in improving the world through ridesharing. While it is our intention to allow everyone to join the Jumpr community, all Users must meet the following “Eligibility Requirements”:
- Users must be at least 18 years of age.
- Users may not have committed any felony or other serious criminal offense.
- Users may not have committed any misdemeanor within the past four years.
In addition to the Eligibility Requirements, Users participating in the Services as a Driver must meet the following additional “Driver Eligibility Requirements”:
- Drivers must have a current and valid driver’s license.
- Drivers may not have any record of convictions for serious driving offenses.
- Drivers must carry all insurance legally required to operate their vehicle (the “Vehicle”) in the location where their Vehicle is registered, including liability insurance with bodily injury coverage sufficient to cover all occupants of the Vehicle.
- Drivers must maintain their Vehicle to the preventative and maintenance services plan standard prescribed by the Vehicle’s manufacturer.
- Drivers must comply with all applicable laws while operating their Vehicles.
Because all insurance policies are different, Users should consult their insurance provider to determine whether their coverage extends to carpooling and ridesharing.
User Representations and Warrants
While Jumpr has Eligibility Requirements for any User to participate in the Services, Jumpr is unable to confirm the truth or accuracy of the data and information provided by Users, a Driver’s ability to drive legally and safely, the condition of a Driver’s Vehicle, status and sufficiency of a Driver’s automobile insurance, the quality or safety of the Ride that occurs as a result of your use of the Services, or any other conditions or characteristics of the Ride or Users. Jumpr is not a transportation company and solely offers a platform for Drivers and Passengers to connect. Because we cannot and do not assess the suitability of Users or conduct any screenings or background checks of Users, you are solely responsible for selecting the individuals with whom you travel. Jumpr is not responsible for the conduct of Users, and if you feel uncomfortable traveling with your matched travel companion, you may cancel the matched ride at any time. You acknowledge and agree that Jumpr shall have no responsibility, liability or obligation with respect to any Ride and/or any injury, loss or damage to person or property arising out of or related to any Ride and your use of the Services.
Payments, Cancellations and Refunds.
Upon registering for a Jumpr account, you must register your means of payment (“Recorded Payment Method”), which shall include the authorization for Jumpr to debit your Recorded Payment Method for the cost of the Connection Fee and Driver Reimbursement Fee (as described below) associated with any Ride.
Drivers owe no fee when they post a Ride opportunity through the Services. The Passenger, upon acceptance of a Ride, agrees to have their Recorded Payment Method debited by an amount equal to the 15% convenience fee paid to Jumpr (the “Connection Fee”) plus the Driver Reimbursement Fee, which is set by the Driver and shall not exceed in any circumstance the then current IRS Standard Mileage Rates. Jumpr reserves the right to change the amount of the Connection Fee from time to time, as deemed necessary for Jumpr’s business.
All fees paid by Passengers are due immediately upon accepting a matched Ride. A full refund will be provided for any cancellation that occurs 24 hours or more prior to the trip. Drivers shall pay a $15.00 penalty fee if they fail to pick up their Passenger without cancelling 24 hours in advance of the agreed upon departure time; Drivers access to the Services shall terminate upon a second failure to pick up a Passenger without a timely cancellation.
Feedback and User Experience
The Jumpr Community is dependent upon Users providing honest feedback and/or ratings of other Users with whom they have shared a Ride. While these reviews should be honest, they also should be fair and accurate. You agree that we may post on your profile reviews and ratings about you left by other Users. While we will not actively screen or monitor reviews and ratings, and have no obligation to do so, we may adjust or delete User feedback at any time and for any reason whatsoever, in our sole discretion.
Because Jumpr does not participate in the Rides themselves and is not involved in the actual transportation services between Users, we cannot and will not be a party to disputes or negotiations of disputes between Users, though we reserve the right to monitor such disputes as we deem fit, in our sole discretion. We encourage Users to resolve any disputes between themselves. We encourage common sense resolutions—if you accidentally break something that doesn’t belong to you, fix it or pay for it to be replaced. If you need to make an unexpected detour, ask nicely. The purpose of Jumpr is to build a community of friends; be friendly. If you ever feel that you may be in danger or are a victim of a criminal act, contact local law enforcement authorities immediately.
Use of the Services
The Services include the provision or display of material, such as software, source code, text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”). The Content may be owned by us or by others, including Users of the Services or other third parties (“Third-Party Content”). Jumpr makes no claim of ownership in connection with Third-Party Content and makes either licensed use or fair use of such Third-Party Content for the editorial, news reporting, or other transformative purposes of the Services. The Content is protected by copyright and trademark under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under this Agreement.
JUMPR™, the Jumpr Logo™, other product or service names or slogans displayed on the Jumpr Websites and Jumpr app, and the “look and feel” of the Jumpr Websites and Jumpr app are the trademarks and trade dress of Jumpr, Inc. and may not be used or copied, in whole or in part, without the prior written consent of Jumpr, Inc. All other trademarks referenced, depicted, or otherwise used in connection with the Services (the “Third-Party Trademarks”) belong to their respective owners or licensees, and Jumpr is not affiliated with, sponsored by, or otherwise associated with such entities unless such a relationship is explicitly identified in the Services. The Third-Party Trademarks may not be used to disparage any applicable third party or their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Services may include links to, and content and data from, third-party websites (“External Sites”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Your use of any such links, content, and External Sites is at your own risk, and Jumpr is not responsible for any loss or damage that arises from, relates to, or is due to your use of or reliance on any content, data, products or services offered on External Sites. In addition, the Services contain content posted, stored, or displayed at the direction of Users of the Services, for which we cannot accept any responsibility or liability.
The Services are for personal use only and may not be used in connection with any commercial endeavors, including providing rides for profit. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in our sole judgment degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, and (iii) any use of the Services that is unlawful or in violation of this Agreement. Installing the Jumpr app grants Jumpr the right to send the identifiers for your device to third parties for the use of advertising.
By using the Services, you represent and warrant that you are 18 years of age or older. Your account may be terminated without warning if we believe that you are under 18 years of age.
Membership in the Services is subject, in our sole discretion, to termination at any time and for any reason whatsoever.
The Services may now or in the future permit the submission of Content at the direction of users of the Services (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. Jumpr does not control, endorse, or verify User Content or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability with regard to such User Content.
In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, translate, and perform all or any portion of the User Content in connection with our operation of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels now known or hereafter devised, for any purpose. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under this Agreement. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not: (i) post, submit, or publish material that is copyrighted, protected by patent, trademark, trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) post, submit or publish falsehoods or misrepresentations that could damage us or any third party; (iii) post, submit or publish material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, fraudulent, abusive, hateful, inflammatory, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post, submit or publish, advertisements or solicitations of business; (v) impersonate another person, (vi) post, submit or publish private information of any third parties, including but not limited to phone numbers, addresses, email addresses, financial information, or other personally identifiable information, (vii) post, submit, upload or transmit viruses, malware, corrupted data, computer code or programs, or other destructive files, or (viii) post, submit or publish any material that is objectionable to Jumpr in any way, in its sole discretion, or which interferes with other Users’ ability to use the Services, or may expose Jumpr, its affiliates, partners, and its Users to harm or liability.
We do not permit copyright infringing activities or infringement of intellectual property rights through the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide, in our sole discretion, whether Content or User Content is appropriate, complies with this Agreement, or constitutes pornographic, obscene or defamatory material, or is excessive in length. We may remove such User Content and/or terminate your access to the Services for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
Notices and Procedures for Making Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic 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 the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for receiving notifications of claimed infringement and other notices relating to User Content and/or violation of this Agreement (e.g., violations of criminal laws) is:Copyright Agent
721 9th Street
Fargo, ND 58102
For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of this Agreement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified through the Services.
Your use of the Jumpr app is subject to this Agreement as well as the Google Play Terms of Service or Apple app Store Terms and Conditions and the Usage Rules set forth therein. You are hereby granted a non-exclusive, non-transferable license to use the Jumpr app on any authorized device that you lawfully own or control, for the sole purpose of accessing and using the Services under this Agreement.
Any use of the Jumpr app beyond the scope of the foregoing license is strictly prohibited.
You agree to defend, indemnify, and hold us harmless from and against any and all liabilities, claims, actions, demands, or expenses, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your violation of the law or rights of any third party, or your access to, use or misuse of the Jumpr Websites, the Jumpr app, the Content (including the User Content), or the Services, and any Rides that arise therefrom. We reserve the right, but are not obligated, to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICES, THE JUMPR WEBSITES, THE JUMPR APP, AND THE CONTENT (INCLUDING THE USER CONTENT) IS AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT THE SERVICES, THE JUMPR WEBSITES OR THE JUMPR APP WILL OPERATE ERROR FREE OR THAT THE JUMPR WEBSITES, THE JUMPR APP, THEIR SERVER(S), OR THE CONTENT (INCLUDING THE USER CONTENT) ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE JUMPR WEBSITES, THE JUMPR APP, THE SERVICES, OR THE CONTENT (INCLUDING THE USER CONTENT) RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE JUMPR WEBSITES, THE JUMPR APP, THE SERVICES AND THE CONTENT (INCLUDING THE USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE JUMPR WEBSITES, THE JUMPR APP, THE SERVICES, OR THE CONTENT (INCLUDING THE USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
This Agreement is governed by the internal substantive laws of the State of North Dakota, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Fargo in the State of North Dakota. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.