By use of SJCOG's Vamos Uber Subsidy Program ("Vamos Uber Subsidy Program") or accessing any materials on the Vamos Mobility Site and Mobile Application that reference the Vamos Uber Subsidy Program, you acknowledge that you have read and agree to these Terms of Use ("Terms"), as they may be updated or modified by Vamos Mobility at any time, at its discretion. If you do not agree to them, do not use the Vamos Uber Subsidy Program although you can continue to use Vamos Mobility.
Vamos Mobility reserves the right at any time and from time to time to modify or discontinue the Vamos Uber Subsidy Program (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Vamos Mobility will not be liable to you for any modification, suspension or discontinuance of the Vamos Uber Subsidy Program.
You agree that Vamos Mobility, in its sole discretion, may terminate your use of the Vamos Uber Subsidy Program for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Vamos Uber Subsidy Program under any provision of these Terms may occur without prior notice to you, and you also agree that Vamos Mobility will not be liable to you for any termination of your access to the Vamos Uber Subsidy Program.
The Vamos Uber Subsidy Program enables registered Vamos Mobility users who make a cumulative purchase of at least $5 in public transit tickets during a 30 day period via the Vamos Mobility app to receive a $5 subsidy ("Uber Credit") for an Uber ride booked via the Vamos Mobility app. The Uber Credit is valid for a 30 day period. A Vamos Mobility user can have only one active Uber Credit during a 30 day period that begins when they have been issued an Uber Credit by making a cumulative purchase of $5 or more in public transit tickets. Purchases of public transit tickets during the period when the Vamos Mobility user has an existing un-used Uber Credit will not apply to qualifying for additional future Uber Credits.
The Vamos Mobility user acknowledges that in their use of the Vamos Uber Subsidy Program, any actual Uber trips that they book via the Vamos Mobility platform will occur as a result of Vamos Mobility accessing the Uber Ride Platform via the Uber API and that they will be required to accept Uber's Terms of Use as part of the process of obtaining an Uber ride. They further acknowledge that Uber's ride cancellation policies can require that a customer who cancels a reservation later than the cancellation window permitted by Uber may be required to pay for the entire estimated cost of the Uber ride. They further acknowledge that in the event that a Vamos Mobility user cancels a Vamos Uber Subsidy Program ride reservation later than the cancellation window defined by Uber that the entire estimated cost of the Uber ride will be reimbursed by Vamos Mobility to Uber and that this will require that the user's Uber Credit will be revoked.
YOU AGREE THAT THE VAMOS UBER SUBSIDY PROGRAM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Vamos Mobility does not warrant that the Vamos Uber Subsidy Program will be available at any given time, secure, accurate or free of error. You use the Vamos Uber Subsidy Program at your own risk, and you assume the risk that the Vamos Uber Subsidy Program may provide incorrect information to you, as well as the risk that any material downloaded by you from the Vamos Uber Subsidy Program may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL VAMOS MOBILITY BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF VAMOS MOBILITY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE VAMOS UBER SUBSIDY PROGRAM OR DATA.
You agree to indemnify, defend and hold harmless Vamos Mobility and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Vamos Uber Subsidy Program.
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Vamos Mobility of strict performance of any provision of these Terms will not be a waiver of or prejudice Vamos Mobility's right to require strict performance of the same provision in the future or of any other provision of these Terms.
The laws of the State of California shall govern all rights and obligations under this Agreement, without giving effect to any principles of conflicts of laws.
These Terms constitute the entire agreement between the parties as to their subject matter, and there are no other conflicting terms, conditions or obligations between the parties relating to the use of the Vamos Uber Subsidy Program.