GeoRide Services Agreement

Last Modified: 2024-09-13

 

Please read the following terms and conditions of this Agreement carefully as they govern your rights and obligations when using the location monitoring or crash detection services provided by GeoRide (“GeoRide Services”).

 

BY USING GEORIDE’S SERVICES YOU ARE ACCEPTING THIS AGREEMENT, AND ANY UPDATES AND CHANGES TO THIS AGREEMENT THAT GeoRide MAY MAKE FROM TIME TO TIME IN ITS SOLE DISCRETION. THIS AGREEMENT CONTAINS IMPORTANT TERMS LIMITING YOUR LEGAL RIGHTS AND REMEDIES INCLUDING LIMITATIONS OF LIABILITY AND A BINDING ARBITRATION CLAUSE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS AGREEMENT IS TO CEASE USING THE SERVICES.

 

  1. DEFINITIONS
    1. “Access Provider” means a cellular telephone or data service provider, Wi-Fi or other wired or wireless local area network or broadband connection, or any other form of network using a communication carrier or other service provider.
    2. “GeoRide” means (GeoRide Inc.) and its successors, affiliates, and assigns.
    3. “Device(s)” means any hardware that may be used in connection with the Services.
    4. “Dispute” means any claim or controversy, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims, whether based in contract; tort; fraud; intentional acts; violation of any statute, code or regulation; or other legal theory. The term “Dispute” shall be given the broadest possible meaning and will apply to, without limitation, all claims and controversies arising from this Agreement; sales activities; goods and services; advertisements, promotions, and other statements; billing and collection practices; privacy; and any other dispute arising from your interaction or relationship with GeoRide.
    5. “Event” means when GeoRide receives data from your Device that triggers the Services.
    6. “Personal Information” means the information you provide us while using the Services or may provide to GeoRide from time to time including, but not limited to, your personal contact information (name, address, phone number, location, etc.), Device information, Emergency Contact List, and any information you provide to us during the Services arising from an Event.
    7. “Services” mean the GeoRide Services and/or Third-Party Services as applicable.
    8. “Us”, “we”, or “our” means GeoRide.
    9. “You” or “your” means any person or entity who accesses or uses the Services.

  2. SERVICE ELIGIBILITY
    1. Compliance with Laws/Age. You may use the Services only if you can form a binding contract with GeoRide, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under the age of 13 is strictly prohibited from using the Services, except to the extent allowed by applicable law.
  3. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES
    1. The Services. Your GeoRide Subscription provides you with access to a variety of services, including but not limited to a crash detection service using your Device’s telematics information (“Crash Detection Services”), subject to the following limitations:
      1. Crash Detection Services are not emergency services and do not replace contacting 911, as this service is an additional safety service provided by private parties.
      2. Crash Detection Services will not trigger on all crashes.
      3. Crash Detection Services will only trigger based on how it is designed and based on its configuration.
      4. Crash Detection Services reports may be delayed if there is no or a weak cellular signal.
      5. Crash Detection Services may occasionally trigger false alerts or “false positives,” detecting an event as a crash when no crash has occurred. GeoRide shall not be held responsible for any actions taken based on such false alerts.
      6. You are advised to always prioritize personal judgment and emergency services (such as 911) in case of any potential accident or emergency situation, as the Crash Detection Services may not always reflect the actual situation.
      7. GeoRide Services rely on the proper functioning of your Device’s battery, GPS, and cellular signal. GeoRide cannot be held responsible for service interruptions, inaccuracies, or failures due to device malfunction, low battery, disabled GPS, weak cellular coverage, or other technical limitations that affect the operation of the Device.
      8. GeoRide Services are subject to network availability and may not be accessible in all regions. GeoRide does not guarantee continuous or global service coverage. Services may be unavailable in areas with weak or no cellular signal, or in regions where the network is not compatible with the Device.
      9. Emergency notifications, including crash alerts, may be delayed or not delivered due to factors beyond GeoRide’s control, such as weak cellular signals, third-party system delays, or issues with your Device’s configuration. GeoRide is not responsible for any damages resulting from such delays or failures in delivering emergency notifications.

    2. Non-commercial Services Only. Unless otherwise authorized by GeoRide or under a separate enterprise services agreement with GeoRide, you acknowledge and agree that the Services are only for your personal use and non-commercial use. The Services are not for business or commercial use, and you hereby waive any claims against GeoRide arising from your use of the Services for a business or other commercial purposes.
    3. Agree to Receive Calls. If you provide GeoRide with a phone number, you agree that GeoRide and/or third-party service providers may contact you at this number. You also agree to receive calls and messages such as pre-recorded messages, calls, and text messages from automated dialing systems at the number(s) provided. You hereby confirm that you are the registered owner of all such numbers.
    4. System Reliability. No alarm system and/or service can provide complete protection or guarantee prevention of injury or loss of property. Accidents and their attendant results are unpredictable and cannot always be detected or prevented. Human error is always possible, and the response time of police, fire, and medical emergency personnel is outside the control of GeoRide. GeoRide may not receive crash signals if communications or power is interrupted for any reason. PLEASE CAREFULLY REVIEW SECTION 6 BELOW (YOUR RESPONSIBILITY FOR DEVICE(S) AND CONNECTIVITY).
    5. Account/Software Use. You are required to setup an account in order to use the Services and GeoRide may provide you with access to certain software or mobile applications related to the Services. In addition to this Agreement, your use of any GeoRide account or software are subject to GeoRide Terms of Use  or any other terms and conditions provided therewith. By using any GeoRide account or software you agree to be bound by all terms and any changes to those terms that GeoRide may make from time to time. Your use of the Services may also involve software provided by one or more third parties (whether on a Device or online) and your use of such third-party software will be governed by any license or other applicable terms and conditions provided by such third party.
  4. LIMITATIONS ON GEORIDE’S LIABILITY
    1. NO WARRANTIES. YOU AGREE THAT GEORIDE MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR DEVICE(S) OR TO THE SERVICES GEORIDE PERFORMS. YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS SET FORTH IN SECTION 4.4 (EXCLUSIVE REMEDY) BELOW. SOME STATES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY. THE LAWS OF THE STATE WHERE YOU RESIDE WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.
    2. INSURANCE; WAIVER OF SUBROGATION. YOU AGREE THAT GEORIDE IS NOT AN INSURER AND THAT GEORIDE IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS YOU MAY PAY GEORIDE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR LIFE, PROPERTY, ANYONE ELSE’S LIFE OR PROPERTY IN YOUR CUSTODY OR LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS OF THE AFOREMENTIONED. INSTEAD, THE AMOUNTS GEORIDE CHARGES YOU ARE BASED SOLELY UPON THE VALUE SERVICES GEORIDE PROVIDES AND UPON THE LIMITED LIABILITY GEORIDE ASSUMES UNDER THIS AGREEMENT. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS OF YOUR LIFE, PROPERTY, ANYONE ELSE’S LIFE OR PROPERTY, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO GEORIDE TO COMPENSATE YOU OR ANYONE ELSE FOR SUCH EVENT OR LOSS. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST GEORIDE ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE, OR INJURY ARISING OF THIS AGREEMENT.
    3. NO GUARANTEE; NO LIABILITY. YOUR DEVICE(S), EQUIPMENT, GEORIDE’S SERVICES, AND/OR YOUR USE OF GEORIDE’S SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT. GEORIDE MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT YOUR DEVICE(S), GEORIDE’S SERVICES, AND/OR YOUR USE OF GEORIDE’S SERVICES WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. GEORIDE DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT GEORIDE. YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST GEORIDE OR ITS THIRD PARTY PROVIDERS FOR LOSS, DAMAGE, OR INJURY RELATING IN ANY WAY TO THE YOUR DEVICE(S) OR THE SERVICES PROVIDED BY GEORIDE.
    4. EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY GEORIDE TO PERFORM ANY OF ITS OBLIGATIONS.  GEORIDE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON GEORIDE’S LIABILITY), GEORIDE IS FOUND LIABLE FOR LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES PROVIDED BY GEORIDE AND/OR YOUR DEVICE(S), GEORIDE’S LIABILITY TO YOU SHALL BE LIMITED TO A SUM EQUAL TO $100. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS YOUR SOLE REMEDY.
    5. APPLIES IN ALL CASES. THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON GEORIDE’S LIABILITY) APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY GEORIDE OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF GEORIDE, ITS AGENTS OR ITS EMPLOYEES.
    6. INDEMNITY BY YOU. IF ANY OTHER PERSON, INCLUDING YOUR SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST GEORIDE IN ANY WAY RELATED TO (1) YOUR DEVICE(S), EQUIPMENT, OR THE SERVICES PROVIDED BY GEORIDE TO YOU, OR (2) ANY INACCURACIES IN ANY PERSONAL INFORMATION, INCLUDING ANY CONTACT INFORMATION, PROVIDED BY YOU TO GEORIDE IN ORDER FOR TO COMMUNICATE WITH YOU FOR ANY REASON, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD GEORIDE HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS’ FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST GEORIDE AND REGARDLESS OF WHETHER GEORIDE HAS BEEN FOUND LIABLE OR WHETHER GEORIDE HAS INCURRED ANY EXPENSE.
    7. TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST GEORIDE AFTER THE SHORTER OF (1) ONE YEAR AFTER THE DATE OF THE LOSS, OR (2) THE SHORTEST TIME ALLOWED BY APPLICABLE LAW.
    8. BENEFIT TO OTHERS. THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON GEORIDE’S LIABILITY) SHALL APPLY TO AND BENEFIT GEORIDE AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS, THIRD PARTY SERVICE PROVIDERS OR DEVICE(S) PROVIDERS, AND ALL OTHER PARTNERS USED BY GEORIDE IN PROVIDING THE SERVICES TO YOU.
  5. REQUIREMENTS FOR RESOLVING DISPUTES
    1. Binding Arbitration. YOU AGREE THAT ANY AND ALL DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE GOVERNED BY BINDING ARBITRATION AS SET FORTH IN THE GEORIDE TERMS OF USE 
  6. YOUR RESPONSIBILITY FOR DEVICE(S) AND CONNECTIVITY
    1. Services Depend on Your Equipment and Device(s). GeoRide is providing a monitoring service under this Agreement and will have no liability for the maintenance, operation, non-operation, connectivity, or failure of any of your equipment or Device(s). GeoRide recommends that you maintain your equipment and Device(s) according to the manufacturer’s guidelines, and that you only use manufacturer approved technicians for any repairs to your equipment and Device(s).
    2. Requirements for Using the Services. For GeoRide to provide the Services to you under this Agreement, you agree that:
      1. You will pay for and provide compatible network connectivity;
      2. Your equipment and Device(s) comply, and will continue to comply, with all applicable codes, regulations, and laws for the duration of this Agreement;
      3. You are solely responsible for the repair or replacement of any defective part of your equipment and Device(s), including any batteries, wiring, or communications;
      4. You will to follow all manufacturer instructions for using and maintaining all of your equipment and Device(s) including the connectivity of such equipment and Device(s); and
      5. You assume all responsibility and liability related to the installation, maintenance, and use of your equipment and Device(s) and you will indemnify and hold GeoRide harmless from all liabilities, losses, damages, injuries, death, and damage to or non-operation of your equipment and Device(s), any of your property, or any other claim arising, in each case, from the use of your
  1. Network Connectivity. You acknowledge and agree that it is your sole obligation to provide network connectivity to maintain service with an Access Provider to transmit signals between your equipment and Device(s) and GeoRide’s Customer Monitoring Center or applicable Third-Party Service provider contact center (“CMC”) and to ensure compatibility with any of your equipment and Device(s). Any Access Provider’s liability is limited to the same extent as GeoRide’s liability in Section 4 (LIMITATIONS OF GeoRide’S LIABILITY) of this Agreement. GeoRide cannot alter the configuration of any non-GeoRide device or network with which you are using the Services, and GeoRide is not responsible for the setup, operation, maintenance, or compatibility of any such equipment or network, or any telecommunications or other connectivity charges (including SMS charges) incurred by you from any Access Provider as a result of using the Services. You acknowledge and agree that you shall be solely responsible for all disputes with any Access Provider. GeoRide is not responsible for performance issues or failures resulting from your network equipment, and Device(s) including, without limitation, Internet latency, local area networks and non-conforming or non-compatible hardware, software, equipment, or Device(s). GeoRide may transmit, record, store, provide, and receive unencrypted data, images, voice transmissions, e-mails, and text messages via the Internet and your Access Provider(s) in the course providing the Services to you. You will not be able to utilize the Services, automation functions, or receive e-mail or text alerts if your network connection is impaired, disrupted, or unavailable for any reason. GeoRide does not warrant or guarantee the integrity, accuracy, confidentiality, or security of any such transmission or from any unauthorized or unexpected use, disclosure, corruption, interception, or other improper act.
  2. Event Communications. YOUR DEVICE WILL NOT BE ABLE TO COMMUNICATE WITH GEORIDE IF YOUR NETWORK IS NOT OPERATING, HAS BEEN DISCONNECTED, INTERRUPTED, OR INTERFERED WITH, OR IS OTHERWISE DAMAGED OR INCOMPATIBLE. If GeoRide determines in its sole discretion that your communication mode is or later becomes non-compatible, or if you change to another communication mode that is not compatible, then GeoRide requires that you use an alternate mode of communication acceptable to GeoRide as the method to connect your Device(s) to the CMC.

 

7. GEORIDE’S EVENT MONITORING SERVICES
    1. Contacting You. GeoRide may, at its sole discretion, attempt to contact you and/or your designated Emergency Contact List to confirm that the Event is not false. If GeoRide does not contact you and/or your designated Emergency Contact List, or if GeoRide questions the response it receives upon such contact, no further action will be taken by GeoRide. GeoRide may use an automated calling device to deliver such notification. If emergency notification services are provided, you agree that the very nature of such services, regardless of any delay, involves uncertainty, risk, and possible serious injury, disability or death, for which you will not attempt to hold GeoRide responsible or liable; that your Device(s) for emergency notification services is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for emergency response providers to arrive at your location and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, Device(s) function, and human factors both within and outside of GeoRide’s control. You agree that the person(s) identified on your Emergency Contact List are authorized to act on your behalf. Local laws, ordinances, or policies may restrict GeoRide’s ability to provide the Event monitoring and notification services described in this Agreement and/or necessitate modified or additional services with additional charges to you. 
    2. DELAYS. GEORIDE HAS NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD, THIRD PARTY SOFTWARE, SERVICE, OR ACCESS PROVIDER ERRORS, OR ANY OTHER CAUSE WITHIN OR BEYOND GEORIDE’S CONTROL. IF THERE ARE SERVICE INTERRUPTIONS, GEORIDE HAS NO OBLIGATION TO SUPPLY YOU WITH SUBSTITUTE SERVICES.
8. PAYMENT TERMS
    1. Payment for Services. You authorize GeoRide or GeoRide’s approved service provider (such as in-app payments from third parties like Apple or Google) to charge your credit card, debit card, or other payment method monthly for the Services immediately upon the expiration of any promotional period provided by GeoRide. You represent and warrant that you will keep your payment information up to date and that you are an authorized user of the credit card, or debit card, or other payment method you use with the Services and that you will not dispute the payment with your credit card company or bank, so long as the amount corresponds to the terms indicated in this Agreement.
    2. Failure to Pay or Breach of Agreement. If you fail to make any payment when due or otherwise breach any term or condition of this Agreement, GeoRide may stop providing the GeoRide Services to you. GeoRide has no liability if it stops providing the GeoRide Services to you. GeoRide does not waive, and retains the right to exercise, any other legal remedy, and/or interest on the unpaid amount and the right to report you to one or more consumer reporting agencies if you become delinquent on your Account (more than 90 days without a payment).
    3. Payment Information and Automatic Billing. When subscribing to any GeoRide service (monthly, annual, or biennial), you are required to provide valid payment information on the application before using the GeoRide Device or services. Your GeoRide Device will not be activated or operational until valid payment information is provided, and you agree to allow GeoRide to charge your card automatically for recurring payments. If your card becomes invalid or cannot be charged, GeoRide reserves the right to suspend or terminate your service until valid payment information is updated.
    4. Term. The term of this Agreement will continue if you use the Services. Subject to the terms and conditions of any free Service offerings, free trial, or promotional period, the paid Service plan will begin when you are charged monthly in accordance with Section 8.1. Any paid Service plan, including monthly, 1-year, and 2-year plans, will automatically renew for successive terms unless terminated by either party in accordance with this Agreement. Payments for any subscription period, including automatic renewals, are non-refundable. If terminated, this Agreement ends on the last day you use any free Services offerings or the end of your current term for any paid Service plan. You may terminate your Service within your account and taking appropriate action as specified therein.
    5. Cancellation by You. You may, at any time, cancel this Agreement as outlined in Section 8.3. If you cancel you will not be entitled to a refund for any money prepaid to GeoRide for a paid Service term. GeoRide shall have no obligation to continue providing the Services to you as of the termination date, and GeoRide shall have no liability if it stops providing the Services to you.
    6. Cancellation by GeoRide. GeoRide may, at any time, cancel this Agreement at its option if: (1) the Device is destroyed or damaged so that it is impractical to continue the Service; (2) GeoRide cannot transmit signals between your equipment and/or Device(s) and the applicable fire emergency response authorities; (3) You fail to follow GeoRide’s recommendations to repair or replace any defective parts of your equipment and/or Device(s); (4) you fail to follow the operating instructions for your equipment and/or Device(s); or (5) GeoRide determines that it is impractical to continue the Service due to the modification or alteration of your equipment and/or Device(s). If GeoRide cancels for any of the reasons stated immediately above, GeoRide will refund any advance payments made for the Services to be supplied after the date of such termination, less any amounts still due for Services already rendered, and for any other charges due. GeoRide may also cancel this Agreement upon written notice to you if: (1) you fail to pay any monies when due under this Agreement, (2) you change to a telephone / communications service not suitable for Event signal transmission or (3) you fail to comply with any other term or condition of this Agreement. Upon receipt of written notice from GeoRide, you will have ten (10) days to correct the deficiency.
9.GENERAL TERMS
    1. Relationship of Parties. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise or fiduciary relationship between you, GeoRide and any Third-Party Services providers. Neither party, by virtue of this Agreement, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other party. GeoRide does not warrant or support Third-Party Services, unless otherwise expressly provided in the Service description, and is not responsible or liable for such Third-Party Services or any losses or issues that result as your use of such Third-Party Services. 
    2. Assignment. You may not assign this Agreement without prior written consent from GeoRide. GeoRide does have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without your approval and without notice to you.
    3. Changes and Notice. GeoRide reserves the right to change this Agreement from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Agreement for modifications. Your continued use of the Services after such modifications will constitute acknowledgement and acceptance of the modified Agreement. Any modifications to this Agreement become effective upon posting a revised version to GeoRide’s or the website that GeoRide maintains for the purposes of providing the Services.
    4. Governing Law. Except where expressly provided in this Agreement or required by applicable law, this Agreement shall be construed, interpreted, and governed by the laws of the State of Delaware without regard to the conflicts of law provisions thereof, and the exclusive forum for any disputes arising out of or relating to this Agreement shall be brought in an appropriate federal or state court sitting in the State of Delaware.
    5. Entire Agreement. This Agreement constitutes the entire agreement between you and GeoRide relating to the subject matter hereof. You are not relying on GeoRide’s advice or advertisements. GeoRide is not bound by any representation, promise, condition, inducement, or warranty, express or implied, that is not included in writing in this Agreement. The terms and conditions of this Agreement shall control and govern even if there are other documents with inconsistent or additional terms and conditions. If a court determines that any provision of this Agreement is invalid or unenforceable, that provision shall be deemed amended and enforced to the maximum extent permitted by law. Each other provision of this Agreement shall continue to be valid and enforceable. 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 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.