Giddyup
Ninja LLC
Terms and Conditions
list of sections,interpretation and definitions are at bottom of page
This Terms and Conditions covers Our Apps :
Giddyup NinjaSM : App to display real time transportation offers.
Giddyup DriverSM : App to gather transportation(Driver's) information.
Welcome to Giddyup Ninja LLCSM and hello! In order to provide our Services through our Apps we need to obtain your agreement to our Terms and Conditions.
Please read these Terms and Conditions carefully as they contain important information related to your legal rights, remedies, and obligations in connection with your use of Our Apps. If you do not agree to be bound by these Terms and Conditions, please immediately stop accessing or using Our Apps and this website.
By using or accessing the Apps, you agree to be bound by all of the Terms and Conditions set forth herein, including without limitation to the Privacy Policy and any supplemental terms, legal notices, and other communications provided to you, all of which are incorporated into these Terms and Conditions by reference.
User Code of Conduct (includes Us)
You agree that you will not: Use the Apps in any unlawful or inappropriate manner, as determined by Us, or in any other manner that could damage, disable, overburden, or impair the Apps; Use automated scripts to collect information from or otherwise interact with the Apps; Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity; or Publish, upload, display, or transmit or otherwise make publicly available on the Apps any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
Our Services
We provide a means, in real time, for someone in need of transportation find transportation services close to them. A potential passenger to locate potential transportation.
NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. We do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points.
Privacy and Protection of Your Information
Your privacy is first and foremost. Our Privacy Policy explains how we may collect and use information from and about You when you use Our Apps.
Limitation of Liability
You expressly understand and agree that Giddyup Ninja LLCSM, Our subsidiaries, agents, affiliates, and/or licensors shall not be liable to you for:
(a) Any indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(1) Any changes which Giddyup Ninja LLCSM may make to Apps or this Website, or for any permanent or temporary cessation in the provision of the Apps (or any features within the Apps);
(2) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Apps or Website; or
(3) your failure to provide Giddyup Ninja LLCSM with accurate information.
These limitations on Our liability to you shall apply whether or not either has been advised of or should have been aware of the possibility of any such losses arising.
Nothing in these terms of use shall exclude or limit Giddyup Ninja LLCSM warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you, and Giddyup Ninja LLCSM liability will be limited to the maximum extent permitted by law.
Disclaimers and Warranties
You expressly acknowledge and agree that your use of the Apps is at your sole risk and that the functions of the Apps and Website are provided "as is" and "as available." in particular, Giddyup Ninja LLCSM, their subsidiaries, agents, affiliates, and/or licensors do not represent or warrant to you that:
(a) Your use of the Apps will meet your requirements;
(b) your use of the Apps will be uninterrupted, timely, secure, or free from error;
(c) any information obtained by you as a result of your use of the Apps will be accurate or reliable; or
(d) defects in the operation or functionality of any software provided to you as part of the Apps will be corrected.
Any material downloaded by or that you otherwise obtain through the use of the Apps is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that results from such download.
No advice or information, whether oral or written, obtained by you from Giddyup Ninja LLCSM or through or from the functions or your use of the Apps, shall create any warranty not expressly stated in the terms of use agreement.
Giddyup Ninja LLCSM and the school further expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
Communication
By providing your email address, phone number, or other points of contact through the Apps or Website, you agree that Giddyup Ninja LLCSM may communicate with you electronically or over the phone about the Apps or Website. You agree to receive communications from or on behalf of Giddyup Ninja LLCSM at any email address, phone number, or other point of contact you provide through the Apps or Website. You further agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing.
Hyperlinks
This Website may contain links to other websites ("Third Party Links") that we provide solely as a convenience to you during your use of the Apps or Website. Giddyup Ninja LLCSM does not endorse such websites and is not responsible for any content contained therein. If you decide to access any Third Party Links, you do so entirely at your own risk.
Use of App Materials
We own and/or license all content and other materials on the Apps and Website, including but not limited to all text, designs, logos, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively "Materials"). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and/or other laws.
You may view, access, download or print hard copies of the Materials for your personal, educational, and non-commercial use only. You may not change the Materials in any way or reproduce, publicly display, distribute, or otherwise use them for any public or commercial purpose. We strictly prohibit any use of the Materials for any purpose not specifically identified or authorized in these Terms and Conditions or expressly permitted by Giddyup Ninja LLCSM.
Digital Millennium Copyright Act
Any copyright owner or its agent that believes that any Materials or other content on the Apps or Website infringes upon its copyright(s) should give written notice to Us, listed below, in accordance with the Digital Millennium Copyright Act ("DMCA"). The notice to Giddyup Ninja LLCSM shall contain the following information:
A physical or electronic signature of the copyright owner or the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit 2U to locate the material;
The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address;
A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual submitting the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to Giddyup Ninja LLCSM, contact@giddyup.ninja, 5900 Balcones Dr Ste 100, Austin, TX 78731-4298. A notice may not be valid if it fails to comply with all of the above-listed requirements.
Intellectual Property
Trademarks, logos, and service marks displayed or otherwise used on the Apps and Website, including, but not limited to Giddyup Ninja LLCSM (collectively the “Intellectual Property”), are registered trademarks of Giddyup Ninja LLCSM,Giddyup NinjaSM,Giddyup DriverSM. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to Giddyup Ninja LLCSM, affiliates, principals, or partners. Nothing contained on the Apps or Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the Website without the written permission of Giddyup Ninja LLCSM or the third party that may own the Intellectual Property displayed on the Website. Your misuse of the Intellectual Property displayed on the Website is strictly prohibited. Giddyup Ninja LLCSM will aggressively enforce its intellectual property rights to the fullest extent of the law.
Eligibility
By using or accessing the Apps or Website, you represent that you are at least 18 years of age and capable of agreeing to the terms and conditions set forth in these Terms and Conditions.
Accuracy of Information
Giddyup Ninja LLCSM believes but does not guarantee that all of the information that appears on the Apps or Website or in any e-mail or other alerts or communications provided in connection with the Apps or Website or is accurate.
Indemnification
You agree to indemnify, defend, and hold harmless Giddyup Ninja LLCSM and each of their subsidiaries, agents, affiliates, and/or licensors against any claim, liability, expense, or damages arising from or relating to your use of the Website. Your obligation to defend and indemnify Giddyup Ninja LLCSM shall survive the termination of your use of the Apps or Website.
Serverability
The various provisions contained within the Terms and Conditions and Privacy Policy are separate and independent, and should any term be declared unlawful, invalid, or unenforceable for any reason by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect.
Applicable Laws
You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, your use of the Website shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Travis’s County, Texas. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, your rights and obligations, or the rights and obligations of Giddyup Ninja LLCSM, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Texas.
Modifications to the Terms and Conditions
Your use of Our Apps is subject to the most current version of the Terms and Conditions posted on this Website at the time of your use.
Last modified : February 10, 2022
We may change this Terms and Conditions at any time and for any reason. We encourage you to review this Terms and Conditions and Privacy Policy each time you visit the Website.
If we make a significant change to our Privacy Statement, we will post a notice on the Homepage of this Website for a period of time after the change is made.
Questions and Contact Us :
You may contact Us at : contact@giddyup.ninja
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Sections :
Privacy Policy And Protection of Your User Data
Digital Millennium Copyright Act
Modifications to the Terms and Conditions
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Terms and Conditions :