YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE JUNO WEBSITE, APP OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE OR APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED TO USE THE SERVICE.
The Website, App and Service enable persons using the App to obtain transportation (“Rider”) to independently arrange and schedule a ride in a vehicle driven by a third party (“Driver”).
You represent and warrant that: (i) you are at least eighteen (18) years old, or the age of legal majority in your jurisdiction, (ii) you are accessing the Service from the U.S., (iii) you have the right, capacity and authority to be bound by these Terms, and (iv) you will abide by all these Terms.
The Service enables you to submit and post content, which may include personal information, messages, reviews and ratings (“Rider Submission(s)”). You acknowledge and agree that you are solely responsible for any Rider Submission that you transmit, send or display through the Service and we are not responsible to you or any third party for any Rider Submission that is transmitted or shared by you or any other Rider. By uploading, publishing, modifying or displaying Rider Submissions to any part of Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such Rider Submission for any purpose in any media now known or hereafter developed.
You represent and warrant that: (i) you are either the sole and exclusive owner of all Rider Submissions that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Juno the rights in such Rider Submissions, as contemplated under these Terms; and (ii) neither the Rider Submission nor your posting, uploading, publication, submission or transmittal of the Rider Submission or Juno’s use of the Rider Submission (or any portion thereof) on, through or by means of the Service will (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.
You understand and agree that we do not verify or vouch for any such Rider Submission and if we determine in our sole discretion that any Rider Submission is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the Rider Submission; (b) revoke the applicable Rider's right to use the Juno Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any Rider Submission for any or no reason without prior notice to you and without liability.
The Website, App and Service are not intended to subject Juno or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Juno does not represent or warrant that the Website, App or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
There is no charge to download, install and register for the Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to use the Service, you are required to have a compatible computer, tablet device or mobile phone, internet access, mobile network access, and a Android or iOS operating system. The software for the Website and App may be upgraded from time to time to add support for new functions and services. Juno reserves the right to stop supporting older versions of the App in its sole discretion and without prior notice.
In connection with your use of the Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes (e.g., the transport of hazardous materials); (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Riders or Drivers; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about individual Riders or Drivers, or collect or store personal data about other Riders or Drivers; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Riders; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Riders or Drivers to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.
We reserve the right to suspend or cease providing the Website, App and/or Service, with or without notice, and we shall have no liability or responsibility to you if we do so.
THE WEBSITE, APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE, APP OR SERVICE; (ii) CONCERNING THE ABILITY, QUALITY OR SAFETY OF DRIVERS REQUESTED VIA THE SERVICE; (iii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE, APP OR SERVICE; AND (iv) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, APP OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT (1) ALL WEBSITE OR APP VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SERVICE, AND THAT (2) THE WEBSITE, APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE, APP OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, APP AND SERVICE.
IN NO EVENT WILL JUNO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF DATA AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, APP OR SERVICE, EVEN IF JUNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE, APP OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL JUNO’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE, APP OR SERVICE EXCEED THE PRICE PAID BY YOU FROM YOUR ACCOUNT WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID JUNO FOR THE USE OF ANY SERVICE, THE AMOUNT OF $25.00.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JUNO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF RIDERS OR DRIVERS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, APP OR THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, APP OR SERVICE OR FROM THE USE OF THE WEBSITE, APP OR SERVICE OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE WEBSITE, APP OR SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF DRIVERS WHO HAVE REGISTERED AS DRIVERS WITH JUNO UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
YOUR USE OF THE WEBSITE, APP AND SERVICE IS AT YOUR OWN RISK. The Website, App and Service merely provide Riders the ability to seek the transportation services of a Driver through the use of the Service. Any issues concerning the conduct of a Driver, including, without limitation, the bad behavior or criminal acts of a Driver, must be resolved by you directly with the Driver. Juno will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. BY USING THIS WEBSITE, APP OR SERVICE, YOU HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE TO HOLD JUNO HARMLESS FOR ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND ANY DRIVER OR OTHER USER(S) OF THE WEBSITE, APP OR SERVICE. You agree to take all reasonable precautions in all interactions with Drivers you contact through the Website, App or the Service. By using the Website, App or the Service, you do hereby agree to report any alleged improprieties of any users (including Drivers or other users of the Website, App or Service) therein to Juno immediately by notifying Juno of the same via electronic correspondence at firstname.lastname@example.org.
By using the Service, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
We respect the intellectual property rights of others, and require that people who use the Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy www.gojuno.com/dmca.
The Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein. Any and all controversies, disputes, or claims arising out of or relating to the Terms or a breach thereof shall be submitted to arbitration before a single arbitrator and in accordance with the Commercial Rules then obtained of the American Arbitration Association (“AAA”). The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered or enforced in any Court having jurisdiction thereof. The location of any arbitration proceedings hereunder shall be New York, New York, USA and shall be at such location within said jurisdiction as shall be agreed upon by the parties, or failing such agreement, the facilities of the AAA. All proceedings shall be kept strictly confidential by all involved.
YOU AND JUNO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, UNLESS BOTH YOU AND JUNO AGREE OTHERWISE. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER JUNO USERS.
These Terms constitute the entire agreement between you and us with respect to the use of the Website, App and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
No independent contractor, partnership, joint venture or employer-employee relationship is intended or created by the parties hereto.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Juno may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website or on the App. You are responsible for regularly reviewing these Terms. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to email@example.com or by writing to us at Juno USA, LP, One World Trade Center, 84th Floor, New York, NY 10007.
If you have any questions regarding these Terms or the Website, App or Service, please contact us at firstname.lastname@example.org.