Terms of use for GOIN

GOIN’, LLC’s Terms of Use & Terms and Conditions


YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


For additional information

If you have any questions about these terms and conditions, please contact: terms@goin.org


BY ACCEPTING THESE TERMS AND CONDITIONS (THE “CONTRACT” OR “AGREEMENT”) AND/OR BY USING THE GOIN’, LLC ("GOIN", "WE", "US" OR "OUR") WEBSITE(S) AT GOIN.ORG ("WEBSITE") AND ANY OF GOIN’S TECHNOLOGY SERVICES ("SERVICES"), INCLUDING, BUT NOT LIMITED TO, RIDE NOTIFICATIONS AND REQUEST REMINDERS (“RIDE NOTIFICATIONS”) (COLLECTIVELY, SUCH WEBSITE, SERVICES AND RIDE NOTIFICATIONS, THE "TECHNOLOGY PLATFORM"), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT, UNDERSTAND IT, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THIS WILL BE A LEGALLY BINDING CONTRACT BETWEEN YOU AND GOIN’.


IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT, YOU SHOULD REJECT THEM BY NOT ACCEPTING THIS CONTRACT AND BY NOT USING THE TECHNOLOGY PLATFORM.


YOUR ACCESS TO AND USE OF GOIN’S TECHNOLOGY PLATFORM IS SUBJECT IN ALL RESPECTS TO THE TERMS OF OUR PRIVACY POLICY AVAILABLE AT: https://goin.org/privacy-policy/  ("PRIVACY POLICY"), AS WE MAY UPDATE OUR PRIVACY POLICY FROM TIME TO TIME UPON NOTICE TO YOU, AS DESCRIBED IN OUR PRIVACY POLICY.


  1. YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT:


  1. GOIN’ IS NOT A TRANSPORTATION PROVIDER. GOIN’S TECHNOLOGY PLATFORM ENABLES ACCESS TO NON-EMERGENCY GROUND TRANSPORTATION (“TRANSPORTATION”) OPTIONS PROVIDED BY INDEPENDENT PROVIDERS (COLLECTIVELY, “INDEPENDENT PROVIDERS”).  THESE INDEPENDENT PROVIDERS MAY INCLUDE, WITHOUT LIMITATION, THE FOLLOWING Transportation Network Companies, Taxis, ADA Paratransit, Transit, Special Needs Transportation.

  2. BY AGREEING TO USE THE TECHNOLOGY PLATFORM, GOIN’ MAY CONTACT YOU DIRECTLY AND PROVIDE YOU WITH RIDE NOTIFICATIONS BY PHONE CALL, EMAIL, AND/OR TEXT MESSAGE.  STANDARD MESSAGE AND DATA RATES MAY APPLY.

  3. THE TECHNOLOGY PLATFORM SHOULD NEVER BE USED IN A MEDICAL EMERGENCY. THE TECHNOLOGY PLATFORM, INCLUDING ANY RIDE NOTIFICATIONS, DOES NOT PROVIDE MEDICAL ADVICE OR TREATMENT OF ANY KIND AND IS NOT INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE TECHNOLOGY PLATFORM COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER, DIRECTLY AND NOT THROUGH OUR TECHNOLOGY PLATFORM, WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

  4. YOU ARE SOLELY RESPONSIBLE FOR USING THE TECHNOLOGY PLATFORM IN A MANNER CONSISTENT WITH ALL APPLICABLE FEDERAL, STATE, AND INTERNATIONAL LAWS.

  5. GOIN’ DOES NOT GUARANTEE AVAILABILITY OF TRANSPORTATION, ON-TIME ARRIVALS OR DEPARTURES, OR ANY OTHER SERVICE LEVELS RELATED TO INDEPENDENT PROVIDERS THAT MAY BE OBTAINED VIA THE TECHNOLOGY PLATFORM.

  6. THIS AGREEMENT IS NOT A CONDITION FOR RECEIVING ANY TREATMENT, PAYMENT, OR BENEFIT AND YOU UNDERSTAND THAT YOUR REFUSING TO AGREE TO THE TERMS OF THIS AGREEMENT WILL NOT AFFECT ANY TREATMENT, PAYMENT, OR BENEFIT FOR WHICH YOU MAY BE ELIGIBLE.


ADDITIONAL TERMS

The following are additional terms that are material and part of the Contract.  By agreeing to this Contract, you hereby agree to all terms stated herein and below.  References in this Contract to "you" or "your" refer to both you and any person or entity on whose behalf you act, if any.

  1. Use of Technology Platform

    1. You must be at least eighteen (18) years of age to use the Technology Platform or any services provided thereby and said services are not available to persons under the age of 18.  By accepting the terms of use under this Contract, you warrant and represent that you are 18 years or older and that you are competent to enter into this Contract.  You may not allow persons under the age of 18 to use the Technology Platform or the services provided thereby unless they are accompanied by you.  You may be asked to provide proof of identity and you agree that you may be denied access to the Technology Platform or the services provide thereby if you refuse to provide proof of identity.


  1. Applications of GOIN’ and Third Party Applications

    1. GOIN’ reserves the right to make changes to its Applications, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.  You acknowledge and agree that Website may contain typographical errors, other inadvertent errors or inaccuracies and that you are not relying on any the accuracy of any statements or information on the Website.  The Website may provide links to third party websites or advertisements. GOIN’ does not recommend or endorse the content on any third party websites or advertisements, and does not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk and subject to the terms of use for such sites.


  1. Independent Providers

    1. You acknowledge that by using the Technology Platform you are also agreeing to the terms and conditions of our Independent Providers.  In the event of any conflict between the terms and conditions of this Contract and any terms and conditions of our Independent Providers, this Contract shall govern.


  1. Breach and Termination

    1. This Contract may be suspended or terminated by GOIN’ immediately and without notice to you in our sole discretion if you fail to comply with any term or condition of this Contract. In addition, GOIN’ may at any time suspend your access to the Technology Platform in our sole discretion, if you are in breach of this Contract or use the Technology Platform in a manner that impairs the operation of the Technology Platform or that violates our Privacy Policy. You agree that we are not liable to you or any third party for termination of your access to the Technology Platform.

    2. You acknowledge and agree that the Technology Platform is under development and will continually change as GOIN’ may determine from time to time.


  1. Enforcement of Terms; Survival

    1. If you fail to fulfill any of your obligations under this Contract, GOIN’ may pursue all available legal remedies, even in the event of a prior termination of the Contract. Goin’s rights to pursue its legal remedies and any provisions with naturally would survive termination shall be deemed to survive termination of this Contract.


  1. Disclaimers; Limitation of Liability; Indemnity.

    1. THE TECHNOLOGY PLATFORM AND THE INFORMATION THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." GOIN’ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOIN’ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE TECHNOLOGY PLATFORM OR ANY SERVICES REQUESTED THROUGH THE USE OF THE TECHNOLOGY PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOIN’ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF INDEPENDENT PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE TECHNOLOGY PLATFORM, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.


  1. Limitation of Liability.

    1. GOIN’ SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE TECHNOLOGY PLATFORM, EVEN IF GOIN’ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOIN’ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE TECHNOLOGY PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE TECHNOLOGY PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY INDEPENDENT PROVIDER, EVEN IF GOIN’ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOIN’SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOIN’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT INDEPENDENT PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDE SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL GOIN’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE TECHNOLOGY PLATFORM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).


  1. GOIN’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GOIN’ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY TRANSPORTATION NETWORK COMPANIES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

  2. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.


  1. Indemnity

    1. You agree to indemnify and hold GOIN’ and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Technology Platform or services or goods obtained through your use of the Technology Platform; (ii) your breach or violation of any of this Contract; or (iii) your violation of the rights of any third party, including Independent Providers.  GOIN’ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GOIN’. GOIN’ will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.


  1. Assignment of Contract

    1. You shall not to assign your interest or delegate your duties under this Agreement without the prior express written consent of GOIN’.  GOIN’ reserves the right to withhold such consent, whether or not the withholding of said consent would be deemed unreasonable by any Court of law.  GOIN’ may at any time assign any part of its interest under the provisions of this Agreement and your obligations hereunder shall survive such assignment.


  1. Jurisdiction

    1. This Agreement is made in, and shall be governed by and interpreted in accordance with the laws of the State of Washington without giving effect to its choice of law provisions.  Venue shall be proper in Yakima County, Washington.  The Parties waive any argument that such courts are improper or inconvenient.  The Borrowers consent to personal jurisdiction of the Courts of the State of Washington.


  1. Changes to the Contract; Notice

    1. GOIN’ may, in its sole discretion, make changes to the Contract. When we make material changes to the Agreement, we’ll provide you with notice as appropriate under the circumstances, e.g., by posting a new version of this Contract on the Website with the effective date noted at the beginning of the Contract. Your continued use of the Transportation Platform after changes have been made will constitute your acceptance of the changes. Please make sure you read the current version of the Contract carefully each and every time you use the Transportation Platform or the services provided thereby. If you do not wish to continue using the Technology Platform under a new version of the Contract, you may terminate the Contract by sending us notice at stop@goin.org or by emailing GOIN’ at hello@goin.org.


  1. Entire Agreement 

    1. This Agreement constitutes the sole and exclusive agreement concerning the subject matter herein and shall supersede all prior conversations, discussions, and course of dealings between you and GOIN’.


  1. Severability

    1. The provisions of this Settlement Agreement are several.  Any provision which conflicts with applicable law and is deemed by a court of competent jurisdiction to not be enforceable shall not affect other provisions of this Settlement Agreement which shall be given effect without the conflicting provision(s).


  1. Waiver

    1. GOIN’ shall not be deemed to have waived any rights or obligations under this Agreement unless the waiver is given in writing signed by an authorized representative of GOIN’.   

  2. Ride Notifications; Consent to Communicate via Electronic Form

    1. You (a) consent to receive Notifications and other notices from GOIN’ in an electronic form, whether sent by phone call, email, text message, or otherwise; and (b) agree that all terms and conditions, notices, disclosures, and other communications that GOIN’ provides to you in electronic form satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing.