Terms of use | CAK DROP

Term of Use

Your Information

Your Information is any information you provide, publish or post to or through the CAK Drop Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any CAK (Akron/Canton) Drop-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the CAK (Akron/Canton) Drop Platform and participate in the Rideshare Services. Our collection and use of personal information in connection with the CAK (Akron/Canton) Drop Platform and Rideshare Services are as provided in CAK (Akron/Canton) Drop’s Privacy Policy located at https://www.cak-drop.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current, and complete information and that other members of the public and we may rely on your Information as accurate, current, and complete. To enable CAK (Akron/Canton) Drop to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. CAK (Akron/Canton) Drop does not assert any ownership over your Information; rather, as between you and CAK (Akron/Canton) Drop, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

Restricted Activities

With respect to your use of the CAK (Akron/Canton) Drop Platform and your participation in the Rideshare Services, you agree that you will not:

impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the CAK (Akron/Canton) Drop Platform or the servers or networks connected to the CAK (Akron/Canton) Drop Platform;
post Information or interact on the CAK (Akron/Canton) Drop Platform or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the CAK (Akron/Canton) Drop Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the CAK (Akron/Canton) Drop Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the CAK (Akron/Canton) Drop Platform;
“frame” or “mirror” any part of the CAK (Akron/Canton) Drop Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the CAK (Akron/Canton) Drop Platform;
rent, lease, lend, sell, redistribute, license or sublicense the CAK (Akron/Canton) Drop Platform or access to any portion of the CAK (Akron/Canton) Drop Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the CAK (Akron/Canton) Drop Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
violate any of the Dynamic Ride Share rules if you participate in the Dynamic Ride Share;
cause any third party to engage in the restricted activities above.

Driver Representations, Warranties and Agreements

By providing Rideshare Services as a Driver on the CAK (Akron/Canton) Drop Platform, you represent, warrant, and agree that:

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the CAK (Akron/Canton) Drop community or third parties.
You will only provide Rideshare Services using the vehicle that has been reported to, and approved by CAK (Akron/Canton) Drop, and for which a photograph has been provided to CAK (Akron/Canton) Drop, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud CAK (Akron/Canton) Drop or Riders on the CAK (Akron/Canton) Drop Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services.
You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.

Ohio State Drivers Disclosures

You can access CAK (Akron/Canton) Drop’s Certificates of Insurance, including specific coverage limits, at Link.
While you are using a vehicle in connection with the CAK (Akron/Canton) Drop platform, your private passenger automobile insurance policy might not afford any coverage depending on its terms.
If the vehicle that you plan to use to transport passengers for our transportation network company has a lien against it, you must notify the lienholder that you will be using the vehicle for transportation services that may violate the terms of your contract with the lienholder.

Indemnity

You will defend, indemnify, and hold CAK (Akron/Canton) Drop including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the CAK (Akron/Canton) Drop Platform and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the CAK (Akron/Canton) Drop Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL CAK (AKRON/CANTON) DROP, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “CAK (AKRON/CANTON) DROP” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE CAK (AKRON/CANTON) DROP PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE CAK (AKRON/CANTON) DROP PLATFORM, RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CAK (AKRON/CANTON) DROP PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT CAK (AKRON/CANTON) DROP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to CAK (Akron/Canton) Drop; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, CAK (Akron/Canton) Drop may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below CAK (Akron/Canton) Drop’s star rating or cancellation threshold; (3) CAK (Akron/Canton) Drop has the good faith belief that such action is necessary to protect the safety of the CAK (Akron/Canton) Drop community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to CAK (Akron/Canton) Drop’s reasonable satisfaction prior to CAK (Akron/Canton) Drop permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach.

Disclaimers

The following disclaimers are made on behalf of CAK (Akron/Canton) Drop, our affiliates, subsidiaries, parents, successors and assign, and each of our respective officers, directors, employees, agents, and shareholders.

CAK (Akron/Canton) Drop does not provide transportation services, and CAK (Akron/Canton) Drop is not a transportation carrier. CAK (Akron/Canton) Drop is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the CAK (Akron/Canton) Drop Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the CAK (Akron/Canton) Drop Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.

The CAK (Akron/Canton) Drop Platform is provided on an “as is” basis and without any warranty or condition, express, implied, or statutory. We do not guarantee and do not promise any specific results from the use of the CAK (Akron/Canton) Drop Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. CAK (Akron/Canton) Drop reserves the right, for example, to limit or eliminate access to the CAK (Akron/Canton) Drop Platform for Rideshare Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in the law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the CAK (Akron/Canton) Drop Platform or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the CAK (Akron/Canton) Drop Platform will be corrected, or that the CAK (Akron/Canton) Drop Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the CAK (Akron/Canton) Drop Platform or Rideshare Services.

We cannot guarantee that each Rider or Driver is whom he or she claims to be. Please use common sense when using the CAK (Akron/Canton) Drop Platform and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication, or other use or access of the CAK (Akron/Canton) Drop Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.

CAK (Akron/Canton) Drop is not responsible for the conduct, whether online or offline, of any User of the CAK (Akron/Canton) Drop Platform or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the CAK (Akron/Canton) Drop Platform and participating in the Rideshare Services, you agree to accept such risks and agree that CAK (Akron/Canton) Drop is not responsible for the acts or omissions of Users on the CAK (Akron/Canton) Drop Platform or participating in the Rideshare Services.

You are responsible for the use of your User account and CAK (Akron/Canton) Drop expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish, or post to or through the CAK (Akron/Canton) Drop Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the CAK (Akron/Canton) Drop Platform or through the Rideshare Services. Please carefully select the type of information that you post on the CAK (Akron/Canton) Drop Platform or through the Rideshare Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning CAK (Akron/Canton) Drop or made available through the CAK (Akron/Canton) Drop Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the CAK (Akron/Canton) Drop Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the CAK (Akron/Canton) Drop Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the CAK (Akron/Canton) Drop Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither CAK (Akron/Canton) Drop, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the CAK (Akron/Canton) Drop Platform. Any of your Information, including geolocational data, you upload, provide, or post on the CAK (Akron/Canton) Drop Platform may be accessible to CAK (Akron/Canton) Drop and certain Users of the CAK (Akron/Canton) Drop Platform.

CAK (Akron/Canton) Drop advises you to use the CAK (Akron/Canton) Drop Platform with a data plan with unlimited or very high data usage limits, and CAK (Akron/Canton) Drop shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the CAK (Akron/Canton) Drop Platform.

This paragraph applies to any version of the CAK (Akron/Canton) Drop Platform that you acquire from the Apple App Store. This Agreement is entered into between you and CAK (Akron/Canton) Drop. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the CAK (Akron/Canton) Drop Platform. CAK (Akron/Canton) Drop, not Apple, is solely responsible for the CAK (Akron/Canton) Drop Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

As a Driver, you may be able to use "CAK (Akron/Canton) Drop navigation built by Google" while providing Rideshare Services on the Platform. Riders and Drivers may also use Google Maps while using the CAK (Akron/Canton) Drop App. In either case, you agree that Google may collect your location data when the CAK (Akron/Canton) Drop App is running in order to provide and improve Google's services, that such data may also be shared with CAK (Akron/Canton) Drop in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.

CAK (Akron/Canton) Drop shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.