Nashville.Taxi
TERMS OF USE and POLICY DISCLOSURES

The Following Statements Became Effective February 1, 2018

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT.

GENERAL TERMS OF USE.


 These Terms of Use (the "Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services as defined below (the "Services") made available in the United States and its territories and possessions by Chaotic Clockwork LLC doing business as "Nashville.Taxi", which may include, but is not limited to, its parents, subsidiaries, representatives, affiliates, officers, directors, agents or assigns (collectively referred to herein as "Nashville.Taxi" or "Clockwork"). The terms “user,” “you,” “your,” “yours,” or any other implied term which should mean user or client shall refer to the individual who intends to use the Nashville.Taxi Services. Where employed, the words "include" and "including" are intended to mean "including, but not limited to.”


 By accessing or using the Services, you confirm your review of the same and subsequent agreement to be bound by these Terms. If you do not agree to these Terms, you have the option to not access or use the Services. Likewise, Nashville.Taxi may immediately terminate these Terms or any Services with respect to you, or generally cease offering, discontinue, or deny access to the Services or any portion thereof, at any time for any reason, and such reason may or not be thereafter provided. Supplemental terms, or terms which shall supersede the Terms herein, may apply to certain Services offered by Nashville.Taxi, however you the user shall be notified of such terms when and/or where they become applicable.


 Clockwork reserves the right to amend the Terms from time to time. Amendments will be effective upon Nashville.Taxi's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such update confirms and implies your consent to be bound by the Terms as amended, including any additions or changes made therein. If Nashville.Taxi changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Nashville.Taxi written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective Date” above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Chaotic Clockwork LLC doing business as “Nashville.Taxi", the current mailing address for such available via e-mail request directed to “OpenEars@Nashville.Taxi.” In order to be effective, the notice must include your full name, return address, and clearly indicate your intent to reject changes to these Terms, as well as specifically which changes are being rejected. Nashville.Taxi’s collection and use of personal information in connection with the Services is described in Nashville.Taxi's Privacy Statements located on its site located at the universal resource location, or URL, 'http://www.nashville.taxi'.


THE SERVICES. Nashville.Taxi may promote, advertise, or recommend the use of 'iCheetah', and the applications and software related thereto are comprised of software applications designed for use on cellular phones and tablets, (the “Apps"), which enable users to arrange and schedule timely and efficient transportation by means of licensed taxicab operators. Likewise, the Apps may be used to arrange and procure logistics or delivery services and/or to purchase certain goods, including those from third party providers of such services and goods under agreement with Nashville.Taxi ("Third Party Providers”), as such additional Services become available. In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Nashville.Taxi in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

LICENSE. Subject to your compliance with these Terms, Nashville.Taxi grants you a limited, revocable, non-exclusive,, non-transferable license, without rights to sublicense, to: Access and use the Apps on your personal device solely in connection with your use of the Services; and Access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights or reservations not expressly granted herein shall be considered implied by Nashville.Taxi and Nashville.Taxi's licensors.

RESTRICTIONS. Aside from where explicitly stated herein, users of the Apps and related Services are prohibited from engaging in any of the following actions or conduct: Removing any copyright, trademark or other proprietary notices from any portion of the Services; Reproducing, modifying, preparing derivative works based upon, distributing, licensinging, leasing, selling, reselling, transfering, publicly displaying, publicly performing, transmiting, streaming, broadcasting or otherwise exploiting the Services except as expressly permitted by Nashville.Taxi; Decompiling, reverse engineering or disassembling the Services except as may be permitted by applicable law; Linking to, mirror or frame any portion of the Services; Causing or launching 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 Attempting to gain unauthorized access to or impairing any aspect of the Services or its related systems or networks.


 You acknowledge that portions of the Services may be made available under Clockwork's, including but not limited iCheetah, a mobile application offering taxicab booking services, as well as various brands and that the Terms herein apply to any and all products or services trademarked under Clockwork, its agents, affiliates, parents, or subsidiaries.

THIRD PARTY PROVIDERS. The Services may be made available or accessed in connection with third party content, including advertising, of which Nashville.Taxi may not retain full control. You acknowledge that different terms of use and privacy policies may apply to use of such third party services and content. Nashville.Taxi does not endorse such third party services and content and in no event shall Nashville.Taxi be considered responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited are considered third-party beneficiaries 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. Wherein the Services, Apps, logos, trademarks, or any other intellectual property of Nashville.Taxi may appear, Nashville.Taxi effectively retains all rights therein are and shall remain Nashville.Taxi's property or the property of Nashville.Taxi's licensors or agents. Neither these Terms nor your use of the Services convey or grant to you any rights: In or related to the Services except for the limited license granted above; or To use or reference in any manner Nashville.Taxi's company names, logos, product and service names, trademarks or services marks or those of Nashville.Taxi's licensors.

GENERAL USE OF THE SERVICES. In order to use general aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). To obtain an account, you must be at least 18 years of age, or the age of legal majority and adulthood in your jurisdiction, if different than 18. Account registration requires you to submit to Nashville.Taxi certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Nashville.Taxi. You agree to maintain truthful, accurate, complete, and up-to-date information in your Account. Failure to maintain asuch, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity which 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 Nashville.Taxi in writing, users may only possess one Account. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, nor may you allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to a Third Party Provider or any other party not mentioned or defined herein. 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 are unable, or refuse, to provide proof of identity. You agree that Nashville.Taxi may contact you by e-mail, telephone or text messages, which may include contact by an automatic telephone dialing system, at any of the phone numbers provided by you or on your behalf in connection with an Nashville.Taxi account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Nashville.Taxi at any time, either by texting the word “STOP” in response to any message transmitted to you by Nashville.Taxi, or by contacting Nashville.Taxi directly. Nashville.Taxi may, at its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms which Nashville.Taxi may establish. You agree that Promo Codes: Must be used for the intended audience and purpose, and in a lawful manner; 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 Nashville.Taxi; May be disabled by Nashville.Taxi at any time for any reason without liability to Nashville.Taxi; May only be used pursuant to the specific terms that Nashville.Taxi establishes for such Promo Code; Are not valid for cash; and May expire prior to your use. Nashville.Taxi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Nashville.Taxi determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Nashville.Taxi’s Terms. Nashville.Taxi may, at Nashville.Taxi's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Nashville.Taxi 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 Nashville.Taxi, you grant Nashville.Taxi a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to 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 Nashville.Taxi's business and on third-party sites and services, without any 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: You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Nashville.Taxi the license to the User Content as set forth above; and Neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Nashville.Taxi'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 Nashville.Taxi in its sole discretion, whether or not such material may be protected by law. Nashville.Taxi may, but shall not be obligated to, review, monitor, or remove User Content, at Nashville.Taxi's sole discretion and at any time and for any reason, without notice to you.


 The user is solely 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 your 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. Nashville.Taxi 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.

PAYMENT. You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Nashville.Taxi will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. All Charges and payments will be enabled by Nashville.Taxi using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise declined or unable to be charged, you agree that Nashville.Taxi may use a secondary payment method on your Account if available. Charges paid by you are final and non-refundable, unless otherwise determined by Nashville.Taxi. As between you and Nashville.Taxi, Nashville.Taxi reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Nashville.Taxi's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Nashville.Taxi will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Nashville.Taxi may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Nashville.Taxi may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties. In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Nashville.Taxi will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Nashville.Taxi will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Nashville.Taxi or its affiliates, where Nashville.Taxi is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Nashville.Taxi for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Nashville.Taxi will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, Nashville.Taxi does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Nashville.Taxi (on Nashville.Taxi's website, in the Application, or in Nashville.Taxi's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Nashville.Taxi provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.


 You shall bear full responsibility for any cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Nashville.Taxi in Nashville.Taxi's reasonable discretion, Nashville.Taxi reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by Nashville.Taxi to a Third Party Provider, if applicable, and are non-refundable.

DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY. THE SERVICES ARE PROVIDED "AS IS,” "AS AVAILABLE,” AND “UPON REQUEST.” Nashville.Taxi DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Nashville.Taxi MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Nashville.Taxi DOES 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, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY. Nashville.Taxi 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, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF Nashville.Taxi, EVEN IF Nashville.Taxi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nashville.Taxi SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Nashville.Taxi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nashville.Taxi SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Nashville.Taxi'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDE-SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Nashville.Taxi BEARS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Nashville.Taxi’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON Nashville.Taxi’S CHOICE OF LAW PROVISION SET FORTH BELOW.

INDEMNITY. You agree to indemnify and hold Nashville.Taxi and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: your use of the Services or services or goods obtained through your use of the Services; your breach or violation of any of these Terms; Nashville.Taxi's use of your User Content; or your violation of the rights of any third party, including Third Party Providers.

ARBITRATION. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Nashville.Taxi on an individual basis in arbitration. This will preclude you from bringing any class, collective, or representative action against Nashville.Taxi, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Nashville.Taxi by someone else. This Arbitration Agreement is mandatory and binding the same as all other Terms set forth herein.

WE ASK THAT YOU PLEASE REVIEW THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CLOCKWORK AND/OR Nashville.Taxi ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND FULLY ALL OF THE TERMS OF THIS AGREEMENT.

Agreement to Binding Arbitration Between You and Clockwork / Nashville.Taxi:


You and Nashville.Taxi agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Nashville.Taxi, and not in a court of law.


a.) ACKNOWLEDGEMENT. You acknowledge and agree that you and Nashville.Taxi are each waiving the right to a trial by judge or jury, as well as to participate, whether actively or passively, as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Nashville.Taxi otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Nashville.Taxi each retain 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. Rules and Governing Law:


b.) ADMINISTRATION OF FAIR ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the city, state and county of incorporation for Chaotic Clockwork LLC, Nashville, Davidson County, Tennessee.


c.) PROCESS. 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 - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California 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.


d.) JURISDICTION AND VENUE. Unless you and Nashville.Taxi 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 Nashville.Taxi 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.


e.) ARBITRATOR'S DECISION. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. 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. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedent or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Nashville.Taxi will not seek, and hereby waives all rights Nashville.Taxi may have under applicable law to recover, attorneys' fees and expenses if Nashville.Taxi prevails in arbitration.


f.) FILING FEES AND COURT COSTS. It is your sole responsibility to pay any AAA filing against Nashville.Taxi Administrative and arbitrator fees will be solely as set forth in the AAA Rules.

g.) SEVERABILITY AND SURVIVAL OF TERMS. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.


h.) CHANGES. The portion of these Terms dealing with the Arbitration Agreement shall be subject to changes and updates made from time to time as defined in Section 3 above, including your rights to reject such changes.

MISCELLANEOUS PROVISIONS. These Terms are governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above, or in supplemental terms applicable thereto. Claims of copyright infringement should be sent to Nashville.Taxi's designated agent. Please visit Nashville.Taxi's web page at 'http://www.nashville.taxi' for the designated address and additional information. Aside from notices, messages, or alerts associated with the use of the Apps or Services, Nashville.Taxi reserves the right to issue notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with 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 or telephone. You may not assign these Terms without Nashville.Taxi's prior written approval. Nashville.Taxi may assign these Terms without your consent to: An subsidiary or affiliate; An acquirer of Nashville.Taxi's equity, business or assets; or An 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, Nashville.Taxi 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. Nashville.Taxi'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 Nashville.Taxi in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
[ end of General Terms of Use ]



USER PRIVACY STATEMENT.       back to top

Nashville.Taxi collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with Nashville.Taxi. These Services are provided by Chaotic Clockwork LLC doing business as "Nashville.Taxi" and its agents or affiliates (collectively, “Nashville.Taxi”). Nashville.Taxi may be referred to throughout this Privacy Statement as “we,” “us,” or by the terms “our,” or “ours.” The terms “you” and “yours” refers to all users of the Services.

SCOPE AND APPLICATION. This Privacy Statement (“Statement") applies to persons anywhere in the world who use our apps or Services to request transportation, delivery, or other on-demand services (“Users”). This Statement does not apply to information we collect from or about drivers, couriers, partner transportation companies, or any other persons who use the Nashville.Taxi platform under license (collectively “Drivers”). If you interact with the Services as both a User and a Driver, the respective privacy statements apply to your different interactions.

COLLECTION OF PERSONAL DATA YOU PROVIDE US. We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include your name, email, phone number, postal address, profile picture, payment method, items requested (for third party services), delivery notes, and other information you choose to provide. LOCATION AND GEOCODED DATA. When you use the Services for transportation or delivery, we collect precise location data about the trip from the Nashville.Taxi app used by the Driver. If you permit the Nashville.Taxi app to access location services through the permission system used by your mobile operating system (the “Platform”), we may collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address. Contacts: If you permit the Nashville.Taxi app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.

TRANSACTIONAL AND RELEVANT FINANCIAL DATA. We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person. Usage and Preference: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Disclosure Statement. Device: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and verions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

CELLULAR CALL AND SMS DATA. Our Services facilitate communications between Users and Drivers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message. Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.

PLATFORM PERMISSIONS. Most mobile platforms (such as iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Nashville.Taxi app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Nashville.Taxi app seeks before you first use the app, and your use of the app constitutes your consent. To learn about the platform-level permissions that the app seeks, please visit our Platform Permissions page at 'http://www.nashville.taxi'.

COLLECTION OF PERSONAL DATA FROM THIRD-PARTY SOURCES. We may also receive information from other sources and combine that with information we collect through our Services. For example: If you choose to link, create, or log in to your Nashville.Taxi account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app. If your employer uses certain third party services, we may receive information about you from your employer or such services. When you request on demand services, our Drivers may provide us with a User rating after providing services to you. If you also interact with our Services in another capacity, for instance as a Driver or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User or rider. Use of Information: We may use the information we collect about you to: Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Drivers, develop safety features, authenticate users, and send product updates and administrative messages; Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends; Send or facilitate communications (i) between you and a Driver, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests, or ETA sharing; Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Nashville.Taxi and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards; Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements. We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.

LIMITATION ON SHARING OF PERSONAL DATA. With Drivers to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average User rating given by Drivers, and pickup and/or drop-off locations with Drivers; With other riders if you use a ride-sharing service like Nashville.TaxiPOOL; and with other people, as directed by you, such as when you want to share your estimated time of arrival or split a fare with a friend; With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us; With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public. With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and With your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider), if you participate in any of our enterprise solutions such as Nashville.Taxi for Business. Other Important Sharing: We may share your information: With Nashville.Taxi subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes; With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf; In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process; With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Nashville.Taxi or others; In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; If we otherwise notify you and you consent to the sharing; and In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

SOCIAL MEDIA DATA AND RELATED FEATURES. The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them. Analytics and Advertising Services Provided by Others: We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Disclosure Statement. Account Information: You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at OpenEars@Nashville.Taxi. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.

RIGHTS TO ACCESS. Nashville.Taxi will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

LOCATION ACCESS PERMISSIONS. We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a Driver's device nor our ability to derive approximate location from your IP address. Contact Information:We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting. Promotional Communications: You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations. Your California Privacy Rights: California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Nashville.Taxi does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so. Cookies and Advertising: Please refer to the Cookie Disclosure Statement for more information about your choices around cookies and related technologies. Changes to the Statement: We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices. Contact Us: If you have any questions about this Privacy Statement, please contact us via OpenEars@Nashville.Taxi.
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TAXICAB AFFILIATE DISCLOSURE STATEMENT.       back to top

The use of Nashville.Taxi Services and mobile applications, by private consumers or by licensed taxicab drivers (“Drivers”), is governed by the Terms of Use and Privacy Statement, as well as any other applicable legal disclaimer or disclosures as they may be available on our website at 'http://www.nashville.taxi'. Additionally, Nashville.Taxi explicitly provides the following statements and terms concerning the use of the Services by a Driver: Nashville.Taxi is not by any means an employer of the Driver. The Driver uses Apps and Services provided by Nashville.Taxi either under contract between Nashville.Taxi and the Driver, or between Nashville.Taxi and a Taxicab Company. Nashville.Taxi is not liable to fulfill any requirements on permits, license, or any other regulations imposed on taxicab operators in any city, nor is Nashville.Taxi liable, either civilly or otherwise, for any actions carried out by a Driver or Taxicab Company, its employees, managers, agents, or affiliates. In order to utilize Nashville.Taxi as a Driver or Taxicab Company, a Software Licensing Agreement must be agreed upon and executed with Nashville.Taxi Unauthorized use of the Service, software, including mobile applications, or any logos, trademarks, or other intellectual property is defined and addressed in the Terms of Use.
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COOKIE DISCLOSURE STATEMENT.       back to top

Nashville.Taxi, along with our affiliates, third parties, and other partners employ cookies, as well as other identification technologies on our websites, mobile applications, electronic communications, advertisements, and other online services (collectively, the "Services") for a number of purposes, including but not limited to authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Services. It is your right to not accept cookies if that is your decision, however we cannot guarantee the Services to be fully operational if cookies are not enabled on your device.
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UNSOLICITED IDEA SUBMISSION POLICY.       back to top

Chaotic Clockwork LLC, doing business as Nashville.Taxi, deeply respects the rights to ideas. Therefore, we ask you do not make any submission containing unsolicited ideas, suggestions, or other manifestations of your thought processes. However, if you choose to disregard our request, the following terms will apply unconditionally: By making an unsolicited submission, you agree that: Your submissions and their contents will automatically become the property of Nashville.Taxi, without compensation of any kind to you in exchange; Nashville.Taxi has no obligation or duty to review unsolicited submissions made by its users; Nashville.Taxi subsequently retains the rights to make, use, sell, or distribute your submissions or ideas and their contents for any purpose, in any manner; and Nashville.Taxi makes no guarantee concerning confidentiality of submissions made.
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