← Songline

TERMS OF USE

Effective Date: October 22, 2026

Last Modified Date: October 22, 2026

NOTICE OF SAFETY WAIVER AND DISCLAIMERS:

When you first access the Services (as defined below), you must read and sign the waiver to indicate your understanding of the safety risks involved when motorcycling and using the Services (the “Safety Waiver”). Use of our Services is subject to our Safety Waiver and the disclaimers related to your use of the Services, as described in more detail in Section 7, as well as complying with assumption of risk and use restrictions in Section 6. Do not use any of our Services if you do not agree to the Safety Waiver and the disclaimers, responsibilities, and assumptions of risk provided below.

NOTICE OF MANDATORY ARBITRATION PROVISION:

Use of our Services (as defined below) is subject to mandatory and binding individual arbitration of any disputes which may arise, as provided in Section 16 below. Please read all of that Section carefully and do not use any of our Services if you are unwilling to arbitrate all disputes you may have with us as provided in that section.

1. INTRODUCTION AND ACCEPTANCE

Songline Ride LLC, and its affiliates (collectively, “Songline Ride,” “we,” “us,” or “our”) offer you access to its interactive online and mobile application, website, and services. These “Terms of Use,” together with our Privacy Policy, Safety Waiver, and any Additional Terms which might apply to certain products or services, govern your use of our website (the “Website”) and our mobile application (the “App,” and together with the Website, our “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OUR SERVICES, SIGNING THE SAFETY WAIVER, OR CREATING AN ACCOUNT, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY AND SAFETY WAIVER WHICH ARE INCORPORATED HEREIN BY REFERENCE, ALL OF WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OUR WEBSITE OR APP OR USE ANY OF OUR SERVICES. CONTINUED USE OF THE SERVICES SHALL BE DEEMED AS ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

The Services are offered and available to users who are 18 years of age or older and reside in the United States. By using the Services, you represent and warrant that you meet these requirements and comply, and shall continue to comply, with all laws applicable to you, including traffic and vehicle laws. If you do not meet all of these requirements, you must not access or use the Services.

2. DESCRIPTION OF SERVICES

The Services provide tools for planning, sharing, and reviewing motorcycle routes; capturing notes associated with locations and roads; viewing road-related information derived from user notes and route data; sending announcements or other communications; purchasing subscriptions or premium features; and accessing other functionalities that we may make available from time to time.

These Terms of Use apply to all users of the Services. The Service is an informational and record-keeping tool. It is not an emergency service, does not monitor your safety, and will not contact emergency responders on your behalf. You are responsible for evaluating information provided through the Service and for carrying any independent navigation or safety resources appropriate for your ride. See the “Disclaimer of Warranties” Section below for important limitations and acknowledgments.

3. INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates and/or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Content that you create or submit through the Services is treated as User Content, not Service Content, except to the extent owned by Songline Ride. You are solely responsible for ensuring that you have all rights, licenses, consents, and permissions needed to upload, display, share, or otherwise use such materials through the Services.

4. USER CONTENT

(a) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services routes, messages, text, illustrations, data, files, images, graphics, photos, comments, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

(b) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(c) You represent, warrant, and covenant that you will not submit any User Content that:

  1. (i) Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  2. (ii) Contains any information, image, video, likeness, name, contact information, or other material relating to another person unless you have all necessary rights, permissions, authority, and consents to submit and use that content through the Services;
  3. (iii) Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
  4. (iv) Encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law;
  5. (v) Is an advertisement for goods or services or a solicitation of funds;
  6. (vi) Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  7. (vii) Contains a formula, instruction, or advice that could cause harm or injury; or
  8. (viii) Is a chain letter, spam, or other unauthorized solicitation of any kind.

For the avoidance of doubt, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

(d) By submitting User Content to us, simultaneously with such posting you automatically grant, represent or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

(e) We do not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, including without limitation, creative content, ideas, or suggestions relating to new or improved products, enhancements, names or technologies, advertising, and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that we have no obligation to review or keep them confidential, and we may use and redistribute them for any purpose without restriction or compensation.

(f) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements, sponsorships, branded content, partner offers, or other promotional content in connection with the Services, including near, adjacent to, or in connection with User Content, provided that advertising and sponsorship placements are controlled by Songline Ride unless we expressly enable user-controlled promotional functionality. You acknowledge and agree that your User Content may be included on or through the Services and may be processed by our distribution partners, marketing partners, accounts, and third-party service providers as reasonably necessary to operate, provide, maintain, secure, support, improve, and promote the Services.

(g) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

5. ACCOUNT REGISTRATION

In order to access or use some features of our Services, you may have to become a registered user. If you are under the age of eighteen (18), then you are not permitted to register as a user, create an Account, use the Services, or otherwise provide us any personal information.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a username and password or other log-in link to the Services (“Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us using the method described below immediately if you become aware of any breach of security or unauthorized use of your Account.

6. ACCESS AND USE

(a) We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis, as premium features, or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited, revocable, non-exclusive, non-transferable license to use our Services in accordance with these Terms of Use. The license to use any paid Services does not necessarily transfer across operating systems, account types, users, mobile devices, computers, or other equipment unless we specifically tell you otherwise.

(b) We provide our Services including, without limitation, Service Content for personal, administrative, informational, communication, payment-facilitation, and promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, safety, legality, passability, and usefulness of any Service Content, User Content, or other information made available through the Services. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content or User Content.

(c) Songline Ride is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the Services’ content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Website or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

(d) No Medical/Sensitive Information. You agree not to upload, submit, send, store, or disclose sensitive medical, health, injury, disability, insurance, government identification, financial account, Social Security number, or other highly sensitive personal information about any person unless the Services specifically request or enable that data field. General note fields, messages, comments, or similar features should not be used to store sensitive information.

(e) Subscriptions; Premium Features; Free Trials.

  1. (i) Certain Services may require payment of subscription fees or other charges. By purchasing a subscription or paid feature, you authorize us and our third-party payment processors to charge your selected payment method for all fees, taxes, and other charges disclosed to you at or before purchase. Subscriptions may automatically renew for successive subscription periods unless cancelled in accordance with the cancellation process made available through the Services, the applicable app store, or other applicable purchase channel. You are responsible for all recurring charges incurred before cancellation becomes effective. Unless we state otherwise or applicable law requires otherwise, cancellation will be effective at the end of the then-current paid subscription period, and fees are non-refundable and non-prorated.
  2. (ii) We may offer free trials or promotional access in our sole discretion. We may modify, suspend, or terminate any free trial or promotional offer at any time, subject to applicable law. If a free trial requires payment information and you do not cancel before the trial ends, we may charge your payment method for the applicable subscription or paid feature.
  3. (iii) We reserve the right to change subscription plans, premium features, fees, billing periods, renewal terms, or other charges at any time. Any changes will be disclosed as required by applicable law and will apply as described in the applicable notice or at the start of the next billing cycle. If your payment method is declined, expires, or cannot be charged, we may suspend, limit, downgrade, or terminate access to the applicable paid Services.

(f) Third-Party Terms and Content.

  1. (i) IN CERTAIN INSTANCES, YOUR USE OF THE APP, WEBSITE, OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.
  2. (ii) The Services may use or integrate with third-party services and data, including payment processors, app stores, email providers, SMS/text providers, push notification providers, mapping/location tools, hosting providers, analytics providers, content storage providers, and other technology vendors, (collectively, “Third-Party Services”). We do not own or control Third-Party Services and are not responsible for their availability, functionality, delivery failures, outages, errors, security practices, privacy practices, data loss, unauthorized access, payment processing errors, mapping inaccuracies, weather inaccuracies, or other acts or omissions. Your use of Third-Party Services is subject to the applicable third-party terms, conditions, and privacy policies.
  3. (iii) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
  4. (iv) App Store. You acknowledge and agree that availability of our App and related Services depends on the third-party from whom you received the App license, e.g., the Apple App Store, Google Play, or other app stores (each, an “App Store”). You acknowledge that these Terms of Use are between you and Songline Ride and not with the App Store. Songline Ride, not the App Store, is solely responsible for its Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use our App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable App. You agree to comply with, and your license to use the App is conditioned upon, your compliance with all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

(g) Use Restrictions. Except as expressly permitted in these Terms of Use, you may not:

  1. (i) Use the Services in any unlawful, fraudulent, deceptive, abusive, harassing, bullying, threatening, misleading, discriminatory, obscene, or otherwise objectionable manner, or in a way that infringes or violates the rights of any person or entity;
  2. (ii) Use the Services to send marketing, fundraising, solicitation, advertising, promotional, or commercial messages unless we expressly enable that functionality and you have all required rights, permissions, and consents;
  3. (iii) Upload, submit, send, or store sensitive medical, health, injury, disability, insurance, government identification, financial account, Social Security number, or other highly sensitive personal information unless the Services specifically request or enable that data field;
  4. (iv) Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
  5. (v) Circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
  6. (vi) Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website, App, or Service Content for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission;
  7. (vii) Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses, or phone numbers;
  8. (viii) Share your password, access another user’s Account without authorization, or attempt to access data or functionality not made available to you through the Services;
  9. (ix) Attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
  10. (x) Decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
  11. (xi) Use network-monitoring software to determine architecture of or extract usage data from our Services;
  12. (xii) Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
  13. (xiii) Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  14. (xiv) Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services.
  15. (xv) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

(h) You are responsible for ensuring safety and compliance with all regulations, ordinances, and other laws applicable to your motor vehicle and the use of the Services. You understand and agree that your use of certain Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. YOU ARE SOLELY RESPONSIBLE FOR YOUR EXERCISING GOOD JUDGMENT, ACTING IN A SAFE AND RESPONSIBLE MANNER, AND OBEYING ALL LAWS AND REGULATIONS AT ALL TIMES. You understand that failing to pay full attention in the operation of a motor vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of a motor vehicle, Services and Service Content.

(i) YOU ACKNOWLEDGE AND AGREE THAT MOTORCYCLING IS AN INHERENTLY DANGEROUS ACTIVITY THAT CAN RESULT IN SERIOUS INJURY OR DEATH. THE SERVICES DO NOT MAKE MOTORCYCLING SAFE AND DO NOT SUBSTITUTE FOR YOUR OWN SKILL, ATTENTION, JUDGMENT, AND COMPLIANCE WITH THE LAW. ALL CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ROUTES, MAPS, NAVIGATION GUIDANCE, ROAD-QUALITY INFORMATION, TAGS, AND NOTES (WHETHER CREATED BY YOU, BY OTHER USERS, OR BY US), IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. DO NOT RELY ON THE SERVICE AS YOUR ONLY SOURCE OF NAVIGATION OR SAFETY INFORMATION. YOU DECIDE WHEN IT IS SAFE TO INTERACT WITH THE APP; ANY INTERACTION WITH THE SERVICE WHILE RIDING IS YOUR RESPONSIBILITY, AND YOU SHOULD ONLY INTERACT WITH THE APP WHEN AND HOW YOU CAN DO SO SAFELY AND LEGALLY, BASED ON YOUR OWN JUDGMENT, YOUR RIDING CONDITIONS, AND THE LAWS WHERE YOU RIDE. YOU EXPRESSLY ASSUME ALL RISKS OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE ARISING FROM MOTORCYCLING AND FROM YOUR USE OF OR RELIANCE ON THE SERVICE.

7. DISCLAIMER OF WARRANTIES

(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND SERVICE CONTENT: (A) IS AT YOUR SOLE RISK; (B) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND, WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, (C) SONGLINE RIDE, ITS AFFILIATES, SERVICE PROVIDERS, AND LICENSORS (COLLECTIVELY, THE “ADDITIONAL ENTITIES”) DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (I) WARRANTIES THAT SERVICES AND SERVICE CONTENT WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH THE SERVICES AND SERVICE CONTENT; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND SERVICE CONTENT; (VI) WARRANTIES THAT YOUR USE OF THE SERVICES AND SERVICE CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (VII)WARRANTIES THAT ERRORS IN THE SERVICES AND SERVICE CONTENT WILL BE CORRECTED.

(b) NO EMERGENCY COMMUNICATIONS. THE SERVICES ARE NOT AN EMERGENCY COMMUNICATIONS SYSTEM AND SHOULD NOT BE RELIED UPON FOR URGENT, SAFETY-CRITICAL, MEDICAL, WEATHER, TRAVEL, OR EMERGENCY NOTIFICATIONS. COMMUNICATIONS THROUGH THE SERVICES MAY BE DELAYED, MISDIRECTED, BLOCKED, FILTERED, UNDELIVERED, OR OTHERWISE UNAVAILABLE. YOU ARE SOLELY RESPONSIBLE FOR USING APPROPRIATE ALTERNATIVE METHODS FOR EMERGENCY, SAFETY-CRITICAL, OR TIME-SENSITIVE COMMUNICATIONS.

8. LIMITATION OF LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF SONGLINE RIDE AND THE ADDITIONAL ENTITIES TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND SERVICE CONTENT PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS ($100). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, NEITHER SONGLINE RIDE NOR ANY OF THE ADDITIONAL ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, SONGLINE RIDE’S AND EACH OF THE ADDITIONAL ENTITIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

9. RELEASE/WAIVER OF CLAIMS

FOR YOURSELF AND ANYONE ELSE CLAIMING UNDER YOU OR ON YOUR BEHALF, YOU AGREE TO RELEASE AND DISCHARGE SONGLINE RIDE AND EACH OF THE ADDITIONAL ENTITIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND EACH THIRD-PARTY BENEFICIARY (INCLUDING EACH APP STORE) FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICES AND SERVICE CONTENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICES AND SERVICE CONTENT, INCLUDING, WITHOUT LIMITATION, DUE TO NEGLIGENCE BY SONGLINE RIDE OR THE ADDITIONAL ENTITIES. YOU AGREE TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT. YOU HEREBY RELEASE AND DISCHARGE SONGLINE RIDE AND EACH OF THE ADDITIONAL ENTITIES FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICES AND SERVICE CONTENT.

10. INDEMNIFICATION

(a) You agree to defend, indemnify and hold harmless Songline Ride, our officers, directors, employees, successors, partners, affiliates, subsidiaries, and their related companies (collectively, the “Songline Ride Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; (v) your acts or omissions; (vi) your equipment, travel, safety decision, eligibility decision, or compliance decision; (vii) any allegation that you lacked authority, rights, permissions, or consents to upload, submit, display, share, or otherwise use User Content or information relating to other persons through the Services; or (viii) any claim by any third party alleging that your use of the Services violates any law, rule, policy, agreement, privacy right, publicity right, intellectual property right, or other obligation. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

(b) If you are using our Services on behalf of a business, organization, or other entity, that entity accepts these terms. It will hold harmless, defend, and indemnify the Songline Ride Parties from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.

11. PROMOTIONAL MESSAGES

Our Services may include sending you promotional messages. These are typically recurring message programs that, upon registration, results in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy.

Emails/Newsletters. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy, or by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).

12. DATA EXPORT; RETENTION

If enabled by the Services, you may be able to export, download, or access certain account data, such as payment history, message history, photos, notes, routes, or other content. You are solely responsible for any export, download, storage, transfer, disclosure, security, or use of data outside the Services. We may retain account records, transaction records, communications, User Content, security logs, backup copies, and other information as needed to operate the Services, comply with law, enforce our agreements, prevent fraud or abuse, resolve disputes, support billing and audit requirements, maintain security, and satisfy legitimate business purposes, subject to our Privacy Policy and applicable law.

13. TERMINATION

(a) We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we are not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services. You may stop using the Services and request deletion of your Account at any time.

(b) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use (which by their nature should survive the suspension or termination of your Account or these Terms of Use) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, intellectual property provisions, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law and dispute resolution, and all of the provisions under the “Miscellaneous” Section below.

14. COPYRIGHT POLICY

(a) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Services or hosted on our systems that may be infringing or the subject of infringing activity.

(b) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of infringement claims(the “Designated Agent”). Our Designated Agent is:

Songline Ride LLC
1000 Main St, Unit #2230
Pittsburgh, PA 15215
(412) 342-8452
dmca@songline-ride.com

(c) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following information:

  1. (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
  3. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

15. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be subject to mandatory arbitration as set forth in the “Dispute Resolution & Mandatory Arbitration” Section below and, if arbitration does not apply, brought exclusively in the state or federal courts of Pittsburgh, Pennsylvania. We each waive any jurisdictional, venue, or inconvenient forum objections to such courts.

16. DISPUTE RESOLUTION & MANDATORY ARBITRATION

(a) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at Songline Ride LLC 1000 Main St, Unit #2230 Pittsburgh, PA 15215 with a copy to info@songline-ride.com. We will contact you based on the contact information you have provided us.

(b) If, after thirty (30) days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.

(c) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Rules of Arbitration and procedures in effect when the claim is filed applying Pennsylvania law. The rules and procedures and other information, including information on fees, may be obtained from the AAA directly. The arbitration shall take place at a location mutually agreed to by the parties or, if no such agreement is reached, as determined by the AAA.

(d) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(e) Notwithstanding the foregoing, we may bring any claim for injunctive relief regarding any infringement of our intellectual property rights. Either of us may bring qualifying claims in small claims court. Furthermore, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.

17. NO CLASS ACTIONS

TO THE EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, EITHER TO JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

18. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

19. AMENDMENT; ADDITIONAL TERMS

(a) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique aspects of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(b) Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting on the Services. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account.

20. MISCELLANEOUS

(a) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

(b) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect.

(c) Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, Safety Waiver, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

(d) These Terms of Use (including the Privacy Policy, Safety Waiver, and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

(e) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.