Provide A Ride Mobile App End-User License Agreement

IMPORTANT NOTE REGARDING APPLICATION CONTENT

PLEASE READ THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE PROVIDE A RIDE MOBILE APPLICATION. THIS AGREEMENT IS SOLELY BETWEEN YOU AND Future Age, Inc, DBA Provide A Ride., ON BEHALF OF ITSELF AND THOSE HEALTH PLANS FOR WHICH IT IS THE SPECIAL OR SOLE MEMBER (COLLECTIVELY REFERRED TO AS “PROVIDE A RIDE”). IF YOU ARE HELPING ANOTHER PERSON USE THIS APPLICATION, THESE TERMS CONSITUTE A LEGALLY BINDING AGREEMENT BETWEEN BOTH THE HELPER AND THE PERSON BEING HELPED AND PROVIDE A RIDE. APPLE, INC. (INCLUDING ITS SUBSIDIARIES, “APPLE”) AND GOOGLE (INCLUDING ITS SUBSIDIARIES “GOOGLE”) ARE NOT RESPONSIBLE FOR ANY OBLIGATIONS UNDER THIS AGREEMENT OR ANY OBLIGATIONS CONCERNING PROVIDE A RIDE WHATSOEVER. THIS AGREEMENT SETS FORTH THE TERMS UPON WHICH EACH INDIVIDUAL IS AUTHORIZED TO DOWNLOAD, INSTALL AND USE THE PROVIDE A RIDE MOBILE APPLICATION ON HIS OR HER APPLE iOS OR ANDROID DEVICE.

The information and content on this Application (collectively, “Content”) is for your general educational information only.. If you are experiencing a medical emergency, you should not rely on any information on this Application and should seek appropriate emergency medical assistance, such as calling “911”. This Application is intended for a United States audience. If you live outside the U.S., you may see information on this Application about products or therapies that are not available or authorized in your country.

Provide A Ride complies with applicable state and federal civil rights laws and does not discriminate on the basis of age, gender, gender identity, color, race, disability, national origin, marital status, sexual preference, religious affiliation, health status, or public assistance status.

Si usted o alguien a quien ayuda tienen preguntas sobre Provide A Ride, tiene derecho a recibir esta información y ayuda en su propio idioma sin costo. Para hablar con un intérprete, Por favor, llame al número de Servicios para Afiliados que figura en su tarjeta de identificación.

如果您或者您在帮助的人对 Provide A Ride 存有疑问,您有权 免费获得以您的语言提供的帮助和信息。 如果您需要与一 位翻译交谈,请拨打您的会员 ID 卡上的会员服务电话号码。

Provide A Ride complies with applicable state and federal civil rights laws and does not discriminate on the basis of age, gender, gender identity, color, race, disability, national origin, marital status, sexual preference, religious affiliation, health status, or public assistance status.

ATTENTION: If you speak English, language assistance services, free of charge, are available to you. Call 1-888-288-7050

ATENCIÓN: Si habla español, tiene a su disposición servicios gratuitos de asistencia lingüística. Llame al 1-888-288-7050

注意:如果您使用繁體中文,您可以免費獲得語言援助服務 。請致電 1-888-288-7050 。

Agreement & Terms

These Application Terms of Use (“Terms”) describe the rules for using the Provide A Ride Mobile Application. These Terms constitute a legally binding agreement between you, the person using this Application, and Provide A Ride. Terms such as “we” or “our” and “Company” refer to Provide A Ride and its affiliated entities.

By using this Application, you agree to the most-recent Terms as well as the most-recent version of our Privacy Practices. We may change these Terms at any time, and such changes will be posted on this or a similar page of this Application. It is your responsibility to review these Terms each time you use this Application. By continuing to use this Application, you consent to any changes to our Terms.

By using this Application, you acknowledge and agree that any activity on this Application is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicable law.

If you enter into any other agreement with the Company, for example regarding health plan coverage, then these Terms are in addition to the terms of such other agreement. Neither entering into this agreement, nor visiting this Application, nor any of these Terms, guarantees that you are eligible to receive coverage under any plan offered through this Application or otherwise.

License to Use this Application & Content Ownership

Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the Application on any iOS or Android device that you own or control, and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service and/or Google Play Terms of Service, for the sole purpose of collecting information regarding our plan and related activities. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. You agree not to: (i) modify, translate, copy, reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create the source code of the Provide A Ride Mobile Application, or its structural framework, or (ii) modify or create derivative works of the Provide A Ride Mobile Application or use the Provide A Ride Mobile Application in whole or in part for any purpose except as expressly provided in this Agreement. You also agree not to allow or permit others, directly or indirectly (including but not limited to the use of wizards, agents, bots, or other utilities) to perform any of the actions prohibited in (i) and (ii) in the immediately preceding sentence. All rights, title and interest in and to the Application, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Application, granting the foregoing licenses or entering into this Agreement. All rights not expressly granted in the Agreement are reserved to the Company.

In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Practices) and nonproprietary. You hereby grant the Company a perpetual, sub licensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein. Some websites and Applications operated by the Company include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this Application, including all Content, remove the Provide a Ride Mobile Application from your mobile device, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

Consent of Use of Data

You agree that the Company may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Provide a Ride Mobile Application. The Company may also use this information to provide notices to you which may be of use or interest to you.

Location Data

Provide A Ride may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device as necessary to provide the Provide A Ride Mobile Application’s location-based features. By using or activating any location-based features on your mobile device, you agree and consent to Provide A Ride’s collection, maintenance, publishing, processing and use of your location data to provide you with such features. If you do not want us to collect this information you may opt out at any time by time by turning off the location-based feature on your mobile device or by not using any location based features. For more information, click here. Note, however, that opting out of the Provide A Ride’s collection of location information will cause its location-based features to be disabled. Location data provided by the Provide A Ride Mobile Application is for basic navigational 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. Use of location-based features are at your sole risk. Location data may not be accurate. Provide A Ride does not guarantee the availability, accuracy, completeness, reliability or timeliness of information or location displayed by the Provide A Ride Mobile Application.

Acceptable Use of this Application

You agree not to use this Application or Content in any way not explicitly permitted by these Terms or the text of the Application itself or for an unlawful or illegitimate purpose. You shall not misrepresent your identity or provide us with any false information in any information-collection portion of this Application, such as a registration or enrollment application page. You shall not take any action intended to interfere with the operation of this Application. You shall not access or attempt to access any portion of this Application to which you have not been explicitly granted access. You shall not share any password assigned to or created by you with any third parties or use any password granted to or created by a third party. You shall not directly or indirectly authorize anyone else to take actions prohibited in this section. You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms of Use on your behalf.

Posting Messages, Comments or Content

Certain portions of this Application may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post, transmit, or store any content which is (a) profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (b) a violation, or facilitates the violation of, any applicable law, regulation, or intellectual property rights of others or publicity rights of others.

You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other Application visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.

If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and any of its sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply.

Changes to Application Content

We may change, add or remove some or all of the Content on this Application at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this Application, such as participating healthcare providers, pricing information or other Content, may not be accurate or up to date. In addition, please note that features of any plan or plans described in this Application may change over time as permitted by law, including benefit levels, items included in any formulary, pricing or lists of participating providers or other associated vendors.

Installation/Uninstallation

You are responsible for installing the Content through the Apple App Store or Google Play Store. By choosing to install the Provide A Ride Mobile Application, you agree to these Terms. To uninstall the Content, remove the Provide A Ride Mobile Application from your mobile device, similar to how you would remove any other app. This will cancel your license and upon doing so, you agree to destroy all copies of the Content supplied under these Terms.

Content Updates

Content updates may periodically become available to you through the Apple App Store or Google Play Store. It is your responsibility to accept and install updates as they become available in order to enable the Content’s full functionality.

Links

While visiting this Application you may click on a link to other websites and leave this Application. We may provide link to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.

Third party services

Certain components of the Provide A Ride Mobile Application may be provided by third parties. Any software, content or services provided by Provide A Ride from a third party (“Third Party Components”) is provided to you hereunder subject to the terms and conditions of the applicable third party, which terms and conditions for such Third Party Components may change from time to time and if not otherwise provided to you are available by request from Provide A Ride. If any such Third Party Components become unavailable to Provide A Ride for any reason, or Provide A Ride deems it appropriate, in its reasonable discretion, then Provide A Ride may remove or replace such Third Party Components.

You must comply with all applicable third party terms of agreement while using the Provide A Ride Mobile Application, such as the terms of your agreement with your wireless data service provider.

NO WARRANTIES

ALL CONTENT ON THIS APPLICATION IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS APPLICATION, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS APPLICATION (COLLECTIVELY, “APPLICATION-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE APPLICATION-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS APPLICATION. WITHOUT LIMITING THE FOREGOING, THE APPLICATION-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE.THE APPLICATION-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS APPLICATION IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE APPLICATION-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS APPLICATION OR THE CONTENT.THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.THIS PROTECTION COVERS THE APPLICATION-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE APPLICATION-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE APPLICATION-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE APPLICATION OR CONTENT ARE EXCLUDED EVEN IF THE APPLICATION-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS APPLICATION AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS APPLICATION OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

Indemnification

Without limiting the generality or effect of other provisions of these Terms, as a condition of use of the Provide A Ride Mobile Application, you agree to indemnify, hold harmless, and defend Provide A Ride, and its parents, subsidiaries, affiliates, licensors, suppliers, Apple and Google, and the officers, directors, affiliates, subcontractors, agents and employees of each of them (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Provide A Ride Mobile Application; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party. Apple and Google have no obligations under this Agreement including, without limitation, any obligation to indemnify you for any third party claims, any responsibility for the operation of the Provide A Ride Mobile Application, or any provision of maintenance or support for the Provide A Ride Mobile Application.

Governing Law, Arbitration & Statute of Limitations

The laws of the State of Ohio govern these Terms and any cause of action arising under or relating to your use of the Application, without reference to its choice-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this Application, is in the state or federal courts in Cuyahoga County, Ohio, U.S.A. This Agreement constitutes the sole Agreement between you and Provide A Ride for your use and our provision of the Provide A Ride Mobile Application and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms shall bind either you or Provide A Ride. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Any cause of action must be filed with the appropriate court within one (1) year after the claim has arisen, or that party will be barred from pursuing any cause of action.

Electronic Notices

You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Company (collectively, “Notices”). The Company can send you electronic Notices (1) to the e-mail address that you provided to the Company during registration for online services or (2) by posting the Notice on the applicable service or otherwise through the Company’s member portal. The delivery of any Notice from the Company is effective when sent, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the applicable service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices.

Contact us

To contact us regarding these Terms or the operation of the Application itself, contact us at:

Provide A Ride

4299 Cranwood Parkway

Cleveland, OH 44128

Acknowledgement By selecting “accept”, you indicate that you have read these Terms, understand them, and agree to be bound by them.