OnDeMaX Terms of Use

(Effective as of 21 February 2017)

Welcome to OnDeMaX, a website (“Website”) and app (“App”) operated by AIB, Inc., doing business as OnDeMaX (the “Company”).

Using the Website or App, you can sign up for and obtain transportation services or other services (the “Service”).
The following Terms of Use (“Terms”) apply when you use the Website, App, and/or Service.

Please review these Terms carefully.  By accessing or using the Website, App, or Service, or by creating an account, you show you agree to these Terms.  If you don’t agree to these Terms, you may not access or use the Website, App, or Service.

ABOUT THE SERVICE

You will be charged based on your use of the Service.

You will be required to provide the Company or its third-party credit card service provider with information regarding your credit card or other payment method. You represent and warrant to the Company that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you for Services, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within five (5) days after the date that you are billed.

We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Website or App when the change takes effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.

We may terminate your access to the Service for any reason, at our sole discretion

You can terminate your use of the Service at any time.

The Website, App, and Service are under constant development. New features may be added frequently, so it’s important to check back to this page for updates.

USE OF THE SERVICE
You need to be at least 18 years of age to use the Service.

You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account.

USE RESTRICTIONS

Your permission to use the Service is conditioned upon the following restrictions and conditions.

You agree that you will not:

  • sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Service available to any third party
  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • use the Service to attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • reverse engineer, decompile or disassemble any portion of the Service;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Website or App or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device.

CONTENT AND RESTRICTIONS

You may provide comments, photos, and videos (“User Content”) that you share using the Service.

Your User Content belongs to you. However, you grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and User Content that you provide through the Service, without any further consent, notice, and/or compensation to you or others. Any reproduction of your User Content may include your username and city.

Your User Content will be stored by the Company.

You are solely responsible for the User Content that you make available via the Service.

By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for what you submit;
  • You will not post information that is malicious, false, or inaccurate;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use.
  • You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.

The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Website, App, and Service (except for user content, third-party content, and public domain content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.

You agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose, without compensation or attribution.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

If you discover that someone has posted material belonging to you via the Website or App without your permission, please note the following.

(a) Termination of Repeat Infringer Accounts.  The Company respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.  The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at ondemax@ondemax.xyz.

The date of your notification;

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website or App are covered by a single notification, a representative list of such works at the Site;
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email 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.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Website or App is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;

  • A description of the content that has been removed and the location at which the content appeared before it was removed;
  • A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Oregon and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Website and/or App in 10 to 14 business days or more after receipt of the counter-notice.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Website, App, or Services; (b) your violation of any law or rights of any third party.

DISCLAIMER

The Company does not guarantee the safety or quality of any transportation or other services you receive using the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s use of the Service.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive emails via the email address you provide when you sign up for the Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company, App, and Service and special offers. You may opt out of such email by changing your account settings or sending an email to ondemax@ondemax.xyz.

WARRANTY DISCLAIMER

THE WEBSITE, APP, AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE, APP, OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, APP, OR SERVICE; (C) THE WEBSITE, APP, AND SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE, APP, AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE, APP, OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

The Company can amend these Terms at any time.  It’s your responsibility to check the Website and App from time to time to view any such changes.  If you continue to use the Website, App, or Service, you show your agreement to our revisions to these Terms.   Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

PRIVACY POLICY
The Company respects the privacy of its users.  Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the App or Service, you show that you agree to this Privacy Policy.

GENERAL TERMS

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of these Terms.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.
These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of Oregon, without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the App or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its consumer arbitration rules. The arbitration will be held in Eugene, Oregon.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you attempt to bring any legal action against the Company based in any way on its Website, App, or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

If you have any questions, you can contact the Company at ondemax@ondemax.xyz.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY AT [ https://ondemax.xyz/privacy-policy/ ‎] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

If you are agreeing to these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, you may not use the Service on behalf of such entity.