PLEASE NOTE THAT YOUR USE OF AND
ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF
YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE
SERVICES IN ANY MANNER.
Terms
of Use
Effective date: April 23, 2026
Welcome to Kango! Please read on to
learn the rules and restrictions that govern your use of our website(s),
products, services and applications (collectively the "Services"). If
you have any questions, comments, or concerns regarding these terms or the
Services, please contact us at:
DoLightful, Inc.
31 Winfield Street
San Francisco, CA 94110
Or email us at: support@kangoapp.com
Or
call (844) 977-0443
These Terms of Use (the
"Terms") are a binding contract between you and Dolightful, Inc. (referred to herein as
"Kango," "we" and "us"). You must agree to and
accept all of the Terms, or you don't have the right
to use the Services. Your using the Services in any way means that you agree to
all of these Terms, and these Terms will remain in
effect while you use the Services. These Terms include the provisions in this
document, as well as those in the Privacy Policy (https://www.kangoapp.com/privacy.html)
and Copyright Dispute Policy (https://www.kangoapp.com/copyright.html).
ARBITRATION NOTICE AND
CLASS ACTION WAIVER: EXCEPT FOR CERTAIN
TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT
SECTION BELOW, YOU AGREE THAT
DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION
AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION.
Nature of Kango's Services
Kango's Services help parents create, schedule and manage
carpooling, car rides and other transportation for children. In certain areas,
Kango also provides a venue for people seeking transportation
("Users") to connect with drivers who want to provide those services
for a fee ("Drivers"). Kango does not employ any Drivers. Further,
Kango does not control, supervise, or provide any equipment to the Drivers
except child restraints such as car seats or booster seats if needed, nor does
Kango control the manner or means that the Drivers provide the transportation
services. Instead, Kango provides information and tools to help Users and
Drivers connect and make informed decisions. However, each
individual is solely responsible for selecting an appropriate care
provider or care seeker for themselves or their families and for complying with
all applicable laws in connection with any employment relationship they
establish. For clarity, these Terms apply to both Users and Drivers, provided
that Drivers are subject to certain additional terms as described in the Driver
Supplemental Terms (https://www.kangoapp.com/providers.html).
Will these Terms ever change?
We are constantly trying to improve
our Services, so these Terms may need to change along with the Services. We
reserve the right to change the Terms at any time, but if we do, we will bring
it to your attention by placing a notice on the https://www.kangoapp.com/
website, by sending you an email, and/or by some other means.
If you don't agree with the new
Terms, you are free to reject them; unfortunately, that means you will no
longer be able to use the Services. If you use the Services in any way after a
change to the Terms is effective, that means you agree to all
of the changes.
Except for changes by us as
described here, no other amendment or modification of these Terms will be
effective unless in writing and signed by both you and us.
What about my privacy?
Kango takes the privacy of its users
very seriously.
For the current Kango User Privacy
Policy, please click here: https://www.kangoapp.com/privacy.html
For the current Kango Driver Privacy
Policy, please click here: https://www.kangoapp.com/privacy_driver.html
The Children's Online Privacy
Protection Act ("COPPA") requires that online service providers
obtain parental consent before they knowingly collect personally identifiable
information online from children who are under 13. (Please note that COPPA
applies only to information received from children and not information
that is merely about children.) Although our Services are intended to
facilitate the planning, scheduling and coordination of children's activities
such as carpooling, play dates and babysitting, use of the Services is
restricted to adults over the age of 18. Parents and guardians may provide
information about their children, but we do not knowingly collect or solicit
personally identifiable information from children under 18 or knowingly
allow such persons to register for the Services. If you are a child under 18,
please do not attempt to register for the Services or send any personal
information about yourself to us, including your name, address, telephone
number, or email address. No one under age 18 may provide any personal
information to us or on the Services. If we learn we have collected personal
information from a child under 18, we will delete that information as quickly
as possible. If you believe that a child under 18 may have provided us personal
information, please contact us at support@kangoapp.com.
What are the basics of using Kango's
Services?
You will be required to sign up for
an account, and select a password and user name
("Kango User ID"). You promise to provide us with accurate, complete,
and updated registration information about yourself. You may not select as your
Kango User ID a name that you don't have the right to use, or another person's
name with the intent to impersonate that person. You may not transfer your
account to anyone else without our prior written permission.
You represent and warrant that you
are an individual of legal age to form a binding contract (or if not, you've
received your parent's or guardian's permission to use the Services and gotten
your parent or guardian to agree to these Terms on your behalf). You also
represent and warrant that (i) all registration
information you submit is accurate and truthful; and (ii) you will maintain the
accuracy of such information.
You will only use the Services for
your own internal, personal, non-commercial use, and only in a manner that
complies with all laws that apply to you. If your use of the Services is
prohibited by applicable laws, then you aren't authorized to use the Services.
We can't and won't be responsible for your using the Services in a way that
breaks the law.
You will not share your account or
password with anyone, and you must protect the security of your account and
your password. You're responsible for any activity associated with your
account.
What are Kango's Transportation
Services?
In certain areas, Users of Kango's
Services may arrange for transportation from a Driver. Users coordinate,
schedule, and pay for the Drivers' services through the Services. Drivers are
selected by Kango through an application and screening process; however, Kango
does not employ the Drivers and thus does not control, supervise, or provide
any equipment to the Drivers except child restraints such as car seats or
booster seats if needed, nor does Kango control the manner or means that the
Drivers provide the transportation services. Additional terms governing the
Drivers' use of Kango's Services may be found here: https://www.kangoapp.com/providers.html
Does Kango Conduct Background Checks
on any of its Users?
Kango HAS NO OBLIGATION TO CONDUCT
BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right
to conduct background and verification screenings in connection with your
registration and/or use of the services at any time using available public
records.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER
USERS AND FOR ENSURING THE SAFETY AND WELL-BEING OF YOUR CHILD(REN) AND THE
CHILD(REN) OF OTHERS WHO ARE UNDER YOUR CARE. Kango HAS NO OBLIGATION TO VERIFY
THE IDENTITY OF USERS, OR CHECK USERS' DRIVING RECORDS, SUITABILITY OF
AUTOMOBILE AND/OR LOCATIONS FOR PLAY DATES OR BABYSITTING. Kango MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR
APPROPRIATENESS IN TRANSPORTING OR CARING FOR CHILDREN.
Kango conducts background screenings
of those Users who register as Drivers, including criminal background checks,
motor vehicle background checks, identity verification, legally required
medical screening and other relevant screening. Only Drivers who successfully
complete Kango's screening are permitted to provide services in exchange for
fees through Kango's Services. HOWEVER, Kango DOES NOT CONTROL, AND MAKES NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR ACCURACY OF, THE
DRIVERS' PERFORMANCE OF TRANSPORTATION SERVICES. DRIVERS ARE SOLELY RESPONSIBLE
FOR THE QUALITY AND PROVISION OF SERVICES REQUESTED THROUGH Kango'S
SERVICES. Kango MAKES NO WARRANTY, AND UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY
IN CONNECTION WITH AND/OR ARISING FROM THE PROVIDERS' PERFORMANCE OF SERVICES.
Kango DOES NOT EMPLOY THE DRIVERS AND THUS DOES NOT CONTROL, SUPERVISE, OR
PROVIDE ANY EQUIPMENT TO THE DRIVERS EXCEPT CHILD RESTRAINTS SUCH AS CAR SEATS
OR BOOSTER SEATS IF NEEDED NOR DOES Kango CONTROL THE MANNER OR MEANS THAT THE
DRIVERS PROVIDE THE TRANSPORTATION SERVICES. .
What about messaging?
As part of the Services, you may
receive communications through the Services, including messages that Kango
sends you (for example, via email or SMS). When signing up for the Services,
you will receive a welcome message and instructions on how to stop receiving
messages. By signing up for the Services and providing us with your wireless
number, you confirm that you want Kango to send you information regarding your
account or transactions with us and other information that we think may be of
interest to you, which may include Kango using automated dialing technology to
text you at the wireless number you provided, and you agree to receive
communications from Kango, and you represent and warrant that each person you
register for the Services or for whom you provide a wireless phone number has
consented to receive communications from Kango. You agree to indemnify and
hold Kango harmless from and against any and all
claims, liabilities, damages (actual and consequential), losses and expenses
(including attorneys’ fees) arising from or in any way related to your breach
of the foregoing.
Your use of the Services is subject
to the following additional restrictions:
You represent, warrant, and agree
that you will not contribute any Content or User Submission (each of those
terms is defined below) or otherwise use the Services or interact with the
Services in a manner that:
Additionally, you may not
A violation of any of the foregoing
is grounds for termination of your right to use or access the Services.
What are my rights in Kango's
Services?
The materials displayed or performed
or available on or through the Services, including, but not limited to, text,
graphics, data, articles, photos, images, illustrations, User Submissions, and
so forth (all of the foregoing, the
"Content") are protected by copyright and/or other intellectual
property laws. You promise to abide by all copyright notices, trademark rules,
information, and restrictions contained in any Content you access through the
Services, and you won't use, copy, reproduce, modify, translate, publish,
broadcast, transmit, distribute, perform, upload, display, license, sell or
otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content
or (ii) in a way that violates someone else's (including Kango's) rights.
You understand that Kango owns the
Services. You won't modify, publish, transmit, participate in the transfer or
sale of, reproduce (except as expressly provided in this Section), create
derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy
or download certain Content; please remember that just because this
functionality exists, doesn't mean that all the restrictions above don't apply,
they do!
Do I have to grant any licenses to
Kango or to other users?
Anything you post, upload, share,
store, or otherwise provide through the Services is your "User
Submission." Some User Submissions are viewable by other users. In order to display your User Submissions on the Services,
and to allow other users to enjoy them (where applicable), you grant us certain
rights in those User Submissions. Please note that all of
the following licenses are subject to our Privacy Policy (https://www.kangoapp.com/privacy.html) to the
extent they relate to User Submissions that are also your personally-identifiable
information.
For all User Submissions, you hereby
grant Kango a license to translate, modify (for technical purposes, for example
making sure your content is viewable on an iPhone as well as a computer) and
reproduce and otherwise act with respect to such User Submissions, in each case
to enable us to operate the Services, as described in more detail below. This
is a license only and your ownership in User Submissions is not affected.
If you share a User Submission only
in a manner that only certain specified users can view (for example, a private
message to one or more other users)(a "Limited Audience User
Submission"), then you grant Kango the licenses above, as well as a license
to display, perform, and distribute your Limited Audience User Submission for
the sole purpose of making that Limited Audience User Submission accessible to
such other specified users, and providing the Services necessary to do so.
Also, you grant such other specified users a license to access that Limited
Audience User Submission, and to use and exercise all rights in it, as
permitted by the functionality of the Services.
If you share a User Submission
publicly on the Services and/or in a manner that more than just you or certain
specified users can view, or if you provide us (in a direct email or otherwise)
with any feedback, suggestions, improvements, enhancements, and/or feature
requests relating to the Services (each of the foregoing, a "Public User
Submission"), then you grant Kango the licenses above, as well as a
license to display, perform, and distribute your Public User Submission for the
purpose of making that Public User Submission accessible to all Kango users and
providing the Services necessary to do so, as well as all other rights
necessary to use and exercise all rights in that Public User Submission in
connection with the Services and/or otherwise in connection with Kango's
business, provided that Kango will try to notify you if it uses your Public
User Submission for any reason other than displaying it on the Services. Also,
you grant all other users of the Services a license to access that Public User
Submission, and to use and exercise all rights in it, as permitted by the
functionality of the Services.
You agree that the licenses you
grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide,
provided that when you delete your Kango account, we will stop displaying your
User Submissions (other than Public User Submissions, which may remain fully
available) to other users (if applicable), but you understand and agree that it
may not be possible to completely delete that content from Kango's records, and
that your User Submissions may remain viewable elsewhere to the extent that
they were copied or stored by other users.
Finally, you understand and agree
that Kango, in performing the required technical steps to provide the Services
to our users (including you), may need to make changes to your User Submissions
to conform and adapt those User Submissions to the technical requirements of
connection networks, devices, services, or media, and the foregoing licenses
include the rights to do so.
What if I see something on the
Services that infringes my copyright?
You may have heard of the Digital
Millennium Copyright Act (the "DMCA"), as it relates to online
service providers, like Kango, being asked to remove material that allegedly
violates someone's copyright. We respect others' intellectual property rights,
and we reserve the right to delete or disable Content alleged to be infringing,
and to terminate the accounts of repeat alleged infringers; to review our
complete Copyright Dispute Policy and learn how to report potentially
infringing content, click here https://www.kangoapp.com/copyright.html.To
learn more about the DMCA, click here.
Who is responsible for what I see
and do on the Services?
Any information or content publicly
posted or privately transmitted through the Services is the sole responsibility
of the person from whom such content originated, and you access all such
information and content at your own risk, and we aren't liable for any errors
or omissions in that information or content or for any damages or loss you
might suffer in connection with it. We cannot control and have no duty to take
any action regarding how you may interpret and use the Content or what actions
you may take as a result of having been exposed to the
Content, and you hereby release us from all liability for you having acquired
or not acquired Content through the Services. We are not responsible for any
claims relating to inaccurate, untimely or incomplete information provided by
users of the site. Further, Kango disclaims any liability for any misstatements
and/or misrepresentations made by any users of the site. We can't guarantee the
identity of any users with whom you interact in using the Services and are not
responsible for which users gain access to the Services.
You are responsible for all Content
you contribute, in any manner, to the Services, and you represent and warrant
you have all rights necessary to do so, in the manner in
which you contribute it. You will keep all your registration information
accurate and current. You are responsible for all your activity in connection
with the Services.
You may from time to time receive
personal information of another User. For example, upon confirmation of a
booking, Users and/or Drivers will be provided with each other's contact
information. Any personal information you receive may only be used for the
specific purpose it was provided to you in connection with the Services.
The Services may contain links or
connections to third party websites or services that are not owned or
controlled by Kango. When you access third party websites or use third party
services, you accept that there are risks in doing so, and that Kango is not
responsible for such risks. We encourage you to be aware when you leave the
Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Kango has no control over, and
assumes no responsibility for, the content, accuracy, privacy policies, or
practices of or opinions expressed in any third party
websites or by any third party that you interact with through the Services. In
addition, Kango will not and cannot monitor, verify, censor or edit the content
of any third party site or service. By using the
Services, you release and hold us harmless from any and all
liability arising from your use of any third party
website or service.
Your interactions with organizations
and/or individuals found on or through the Services, including payment and
delivery of goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation you
feel necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties. You agree that Kango shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings. In
particular, you acknowledge and agree that under no circumstances
will Kango have any responsibility, liability or obligation with respect to any
trip that you may take as a result of using the
Services or resulting from any interaction with any User you may encounter
through the Services.
If there is a dispute between
participants on this site, or between users and any third party, [we will try
to reasonably assist in resolving such dispute at our discretion, but] you agree that
Kango is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you release Kango,
its officers, employees, agents, and successors from claims, demands, and
damages of every kind or nature, known or unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way related to such disputes
and/or our Services. If you are a California resident, you shall and hereby do
waive California Civil Code Section 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which, if known by
him or her must have materially affected his or her settlement with the
debtor."
Will Kango ever change the Services?
We're always trying to improve the
Services, so they may change over time. We may suspend or discontinue any part
of the Services, or we may introduce new features or impose limits on certain
features or restrict access to parts or all of the
Services. We'll try to give you notice when we make a material change to the
Services that would adversely affect you, but this isn't always practical.
Similarly, we reserve the right to remove any Content from the Services at any
time, for any reason (including, but not limited to, if someone alleges you
contributed that Content in violation of these Terms), in our sole discretion,
and without notice.
Does Kango cost anything?
Paid Services. Certain of our Services may be subject to payment of
fees, including per-ride transportation services and related charges (the “Paid
Services”). Our current Paid Services and applicable fees are described on our
pricing or Paid Services page available at https://www.kangoapp.com/payment.html which is incorporated into these Terms by reference. All
rides under the Paid Services are charged on a per-ride or other per-use basis,
as described at the time you request the applicable Service.
Per-Ride and Other Usage-Based
Charges. When you request a ride that
you are responsible for paying, we may display an estimated price or price
range; the actual amount charged may differ based on factors such as time,
distance, route, tolls, wait time, regulatory fees, taxes, and other applicable
charges, as described on our pricing or Paid Services page. By submitting a
ride request, you authorize us and our Payment Processor to charge your Payment
Method for the applicable amount, plus any permitted adjustments (for example,
for route changes, wait time, or tolls) and any applicable taxes, surcharges,
or fees.
Billing.
We use one or more third-party payment processors (each, a “Payment Processor”)
to collect fees and other amounts owed for Paid Services from an account
associated with your user account(your “Billing
Account”). The processing of payments will be subject to the terms, conditions
and privacy policies of the applicable Payment Processor in addition to these
Terms. Currently, our primary Payment Processor is Stripe, Inc. whose terms and
privacy policy are available at https://stripe.com/us/checkout/legal and https://stripe.com/us/privacy (or such updated URLs as Stripe may provide. We are not
responsible for any error by, or other acts or omissions of, any Payment
Processor. By purchasing or using Paid Services, you authorize us, through the
Payment Processor, to charge your chosen payment provider (your “Payment
Method”) for all amounts described in these Terms or at the time of purchase,
including all applicable fares, fees, surcharges, taxes, and charges described
on our pricing or Paid Services page. We reserve the right to correct any
errors or mistakes that the Payment Processor makes even if it has already
requested or received payment.
Payment Method. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment
Method. If we, through the Payment Processor, do not receive payment from you,
you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE
INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION
TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE
IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND
YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS
CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH
OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR
PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT
SETTINGS<LINK>. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION,
YOU AGREE THAT WE MAY SUSPEND OR TERMINATE YOUR ACCESS TO PAID SERVICES AND YOU
WILL REMAIN RESPONSIBLE FOR ANY AMOUNTS ALREADY INCURRED.
Changes in Pricing. We may change our pricing and fees for rides and
other Paid Services from time to time, as described on our pricing or Paid
Services page. Changes will apply to rides requested after the effective date
of the updated pricing. You are responsible for reviewing the applicable
pricing before you request a ride.
Third-Party Payment Arrangements. In some cases, a school, school district, camp, or
other program (a “Program Sponsor”) may agree under a separate agreement with
us to pay for some or all of your Paid Services. When
a Program Sponsor is designated as responsible for payment for a particular
ride, we will bill the Program Sponsor rather than charging your Payment Method
for that ride. However, you remain responsible for: (a) any amounts that are
not covered by the Program Sponsor or that the Program Sponsor fails or refuses
to pay, and (b) any other charges incurred under your account (for example,
rides that are not part of the Program Sponsor’s arrangement, or fees resulting
from your or your child’s violation of these Terms).
What if I want to stop using Kango?
You're free to do that at any time,
by contacting us at support@kangoapp.com;
please refer to our Privacy Policy (https://www.kangoapp.com/privacy.html
), as well as the licenses above, to understand how we treat information
you provide to us after you have stopped using our Services.
Kango is also free to terminate (or
suspend access to) your use of the Services or your account, for any reason in
our discretion, including your breach of these Terms. Kango has the sole right
to decide whether you are in violation of any of the restrictions set forth in
these Terms.
Account termination may result in
destruction of any Content associated with your account, so keep that in mind
before you decide to terminate your account. We will try to provide advance
notice to you prior to our terminating your account so that you are able to
retrieve any important User Submissions you may have stored in your account (to
the extent allowed by law and these Terms), but we may not do so if we
determine it would be impractical, illegal, not in the interest of someone's
safety or security, or otherwise harmful to the rights or property of Kango.
If you have deleted your account by
mistake, contact us immediately at support@kangoapp.com
and we will try to help, but unfortunately, we can't promise that we can
recover or restore anything.
Provisions that, by their nature,
should survive termination of these Terms shall survive termination. By way of
example, all of the following will survive
termination: any obligation you have to pay us or
indemnify us, any limitations on our liability, any terms regarding ownership
or intellectual property rights, and terms regarding disputes between us.
I use the Kango App available via
the Apple App Store, should I know anything about that?
These Terms apply to your use of all
the Services, including our iOS applications (the “Application”) available via
the Apple, Inc. ("Apple") App Store , but
the following additional terms also apply to the Application:
a) Both you and Kango acknowledge that the Terms are concluded
between you and Kango only, and not with Apple, and that Apple is not
responsible for the Application or the Content;
b) The Application is licensed to you on a limited,
non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in
connection with the Services for your private, personal, non-commercial use,
subject to all the terms and conditions of these Terms as they are applicable
to the Services;
c) You will only use the Application in connection with an
Apple device that you own or control;
d) You acknowledge and agree that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the Application;
e) In the event of any failure of the Application to conform to
any applicable warranty, including those implied by law, you may notify Apple
of such failure; upon notification, Apple's sole warranty obligation to you
will be to refund to you the purchase price, if any, of the Application;
f) You acknowledge and agree that Kango, and not Apple, is
responsible for addressing any claims you or any third party may have in
relation to the Application;
g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession
and use of the Application infringes that third party's intellectual property
rights, Kango, and not Apple, will be responsible for the investigation,
defense, settlement and discharge of any such infringement claim;
h) You represent and warrant that you are not located in a
country subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a "terrorist supporting" country, and that you
are not listed on any U.S. Government list of prohibited or restricted parties;
i) Both you and Kango acknowledge and agree that, in your use
of the Application, you will comply with any applicable third
party terms of agreement which may affect or be affected by such use;
and
j) Both you and Kango acknowledge and agree that Apple and
Apple's subsidiaries are third party beneficiaries of these Terms, and that
upon your acceptance of these Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
k)
In the event you use the Application
to provide yourself with real-time route guidance, YOUR USE OF THIS REAL TIME
ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE
ACCURATE.
What else do I need to know?
Warranty Disclaimer. Kango has no special relationship with or fiduciary duty to
you. You acknowledge that Kango has no control over, and no duty to take any
action regarding: which users gain access to the Services; what Content you
access via the Services; what effects the Content may have on you; how you may
interpret or use the Content; or what actions you may take as a result of
having been exposed to the Content. You release Kango from all liability for
you having acquired or not acquired Content through the Services. Kango makes
no representations or warranties concerning any content contained in or
accessed through the Services, and we will not be responsible or liable for the
accuracy, copyright compliance, legality, or decency of material contained in
or accessed through the Services. We make no representations or warranties
regarding suggestions or recommendations of services or products offered or
purchased through the Services. Services purchased or offered (whether or not following such recommendations and
suggestions) through the Services are provided "AS IS" and without
any warranty of any kind from Kango or others (unless, with respect to such
others only, provided expressly and unambiguously in writing by a designated
third party for a specific Service). THE SERVICES AND CONTENT ARE PROVIDED BY
Kango (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT,
CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Kango (OR ITS LICENSORS OR
SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES
FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF
THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Kango IN CONNECTION
WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE
CLAIM, OR (C) FOR BODILY INJURY, EMOTIONAL DISTRESS AND/OR ANY OTHER DAMAGES
RESULTING FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM
PARTICIPATION IN ACTIVITIES SCHEDULED THROUGH THE SERVICES, OR COMMUNICATIONS
WITH OTHER USERS, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ARE RESPONSIBLE FOR
ENSURING THE SAFETY AND WELL-BEING OF YOUR CHILD(REN) AND THE CHILD(REN) OF
OTHERS WHO ARE UNDER YOUR CARE AT ALL TIMES AND TO TAKE REASONABLE PRECAUTIONS
IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE.
Indemnity. You agree to indemnify and hold Kango, its affiliates,
officers, agents, employees, and partners harmless from and against any and all
claims, liabilities, damages (actual and consequential), losses and expenses
(including attorneys' fees) arising from or in any way related to any third
party claims relating to (a) your use of the Services (including any actions
taken by a third party using your account), and (b) your violation of these
Terms. In the event of such a claim, suit, or action ("Claim"), we
will attempt to provide notice of the Claim to the contact information we have
for your account (provided that failure to deliver
such notice shall not eliminate or reduce your indemnification obligations
hereunder).
Insurance. Kango will maintain all insurance it is required by law to
maintain in connection with the transportation arranged using the Services.
Assignment. You may not assign, delegate or transfer these Terms or
your rights or obligations hereunder, or your Services account, in any way (by
operation of law or otherwise) without Kango's prior written consent. We may
transfer, assign, or delegate these Terms and our rights and obligations
without consent.
Choice
of Law. These Terms are governed by and
will be construed under the Federal Arbitration Act, applicable federal law,
and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully
because it requires you to arbitrate certain disputes and claims with Kango and
limits the manner in which you can seek relief from
Kango. Both you and Kango acknowledge and agree that for the purposes of any
dispute arising out of or relating to the subject matter of these Terms,
Kango’s officers, directors, employees and independent contractors (“Personnel”)
are third-party beneficiaries of these Terms, and that upon your acceptance of
these Terms, Personnel will have the right (and will be deemed to have accepted
the right) to enforce these Terms against you as the third-party beneficiary
hereof.
(a) Arbitration Rules; Applicability
of Arbitration Agreement. The parties shall use their best
efforts to settle any dispute, claim, question, or disagreement arising out of
or relating to the subject matter of these Terms directly through good-faith
negotiations, which shall be a precondition to either party initiating
arbitration. If such negotiations do not resolve the dispute, it shall be
finally settled by binding arbitration in San Francisco County, California. The
arbitration will proceed in the English language, in accordance with the JAMS
Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by
one commercial arbitrator with substantial experience in resolving intellectual
property and commercial contract disputes. The arbitrator shall be selected
from the appropriate list of JAMS arbitrators in accordance with such Rules.
Judgment upon the award rendered by such arbitrator may be entered in any court
of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees.
Kango will pay all arbitration fees for claims less than seventy-five thousand
($75,000) dollars. Kango will not seek its attorneys’ fees and costs in
arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Kango may assert claims, if they qualify, in
small claims court in San Francisco County, California or any United States
county where you live or work. Furthermore, notwithstanding the foregoing
obligation to arbitrate disputes, each party shall have the right to pursue
injunctive or other equitable relief at any time, from any 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.
(d) Waiver of Jury Trial. YOU AND KANGO WAIVE ANY CONSTITUTIONAL AND STATUTORY
RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and
Kango are instead choosing to have claims and disputes resolved by arbitration.
Arbitration procedures are typically more limited, more efficient, and less
costly than rules applicable in court and are subject to very limited review by
a court. In any litigation between you and Kango over whether to vacate or
enforce an arbitration award, YOU AND KANGO WAIVE ALL RIGHTS TO A JURY TRIAL,
and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated
Actions. ALL CLAIMS AND DISPUTES WITHIN THE
SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR
USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF
ANY OTHER CUSTOMER OR USER. If however, this waiver of
class or consolidated actions is deemed invalid or unenforceable, neither you
nor Kango is entitled to arbitration; instead all
claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this
Section by sending written notice of your decision to opt out to the following
address: 31 Winfield Street, San Francisco, CA 94110 postmarked within thirty
(30) days of first accepting these Terms. You must include (i)
your name and residence address, (ii) the email address and/or telephone number
associated with your account, and (iii) a clear statement that you want to opt
out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any
circumstances where the foregoing arbitration agreement permits either you or
Kango to litigate any dispute arising out of or relating to the subject matter
of these Terms in court, then the foregoing arbitration agreement will not
apply to either party, and both you and Kango agree that any judicial
proceeding (other than small claims actions) will be brought in the state or
federal courts located in, respectively, San Francisco County, or the federal
district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims
brought on behalf of third parties contained above is found to be
unenforceable, then all of the preceding language in
this Arbitration Agreement section will be null and void. This arbitration
agreement will survive the termination of your relationship with Kango.
Miscellaneous. You will be responsible for paying, withholding, filing,
and reporting all taxes, duties, and other governmental assessments associated
with your activity in connection with the Services, provided
that Kango may, in its sole discretion, do any of the foregoing on your
behalf or for itself as it sees fit. The failure of either you or us to
exercise, in any way, any right herein shall not be deemed a waiver of any
further rights hereunder. If any provision of these Terms is found to be
unenforceable or invalid, that provision will be limited or eliminated, to the
minimum extent necessary, so that these Terms shall otherwise remain in full
force and effect and enforceable. You and Kango agree that these Terms are the
complete and exclusive statement of the mutual understanding between you and
Kango, and that it supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the subject
matter of these Terms. You hereby acknowledge and agree that you are not an
employee, agent, partner, or joint venture of Kango, and you do not have any
authority of any kind to bind Kango in any respect whatsoever. Except as
expressly set forth in the section above regarding the Apple Application, you
and Kango agree there are no third party beneficiaries
intended under these Terms.