Last updated on: October 28, 2019
By signing up for, or using the Aber services or any of the services of Aber LLC or its affiliates (“Aber”), you are agreeing to be bound by the following terms and conditions (“Aber Rider Agreement”). The services offered by Aber under the Aber Rider Agreement include various products and services to help you save long distance Uber rides. Any such services offered by Aber are referred to in this Aber Rider Agreement as the “Services”. Any new features or services which are added to the current Services shall be also subject to the Aber Rider Agreement. You can review the current version of the Aber Rider Agreement at any time at https://aberrideshare.com/terms-of-service/. Aber reserves the right to update and change the Aber Rider Agreement by posting updates and changes to the Aber website. You are advised to check the Aber Rider Agreement from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Aber or any Aber services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. ACCOUNT TERMS
1.1 You must be 18 years or older or at least the age of majority in the jurisdiction in which you live or reside. Anyone under 18 must be accompanied by someone 18 years of age or older on any ride.
1.2 To access and use the Services, you must register for an Aber account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Aber may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
1.3 You acknowledge that Aber will use the phone number and/or email address you provide as the primary method for communication.
1.4 You are responsible for keeping your Account secure. Aber cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account.
1.5 You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
1.6 A breach or violation of any term in the Aber Rider Agreement, including the AUP, as determined in the sole discretion of Aber will result in an immediate termination of your services.
2. GENERAL CONDITIONS
2.1 Technical support is only provided to paying Account holders and is only available via email.
2.2 The Aber Rider Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Kentucky and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Commonwealth of Kentucky with respect to any dispute or claim arising out of or in connection with the Aber Rider Agreement.
2.3 You acknowledge and agree that Aber may amend Aber Rider Agreement at any time by posting the relevant amended and restated Aber Rider Agreement on Aber’s website, available at https://aberrideshare.com/terms-of-service/ and such amendments to the Aber Rider Agreement are effective as of the date of posting. Your continued use of the Services after the amended Aber Rider Agreement is posted to Aber’s website constitutes your agreement to, and acceptance of, the amended Aber Rider Agreement. If you do not agree to any changes to the Aber Rider Agreement, do not continue to use the Services.
2.4 You may not use the Aber Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the Commonwealth of Kentucky. You will comply with all applicable laws, rules and regulations in your use of the Services.
2.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Aber.
2.6 You shall not purchase search engine or other pay per click keywords (such as Aber), or domain names that use Aber or Aber trademarks and/or variations and misspellings thereof.
2.7 Questions about the Aber Rider Agreement should be sent to us on the contact page.
2.8 You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
2.10 The Aber Rider Agreement may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Aber Rider Agreement and Aber’s Aber Rider Agreement available in another language, the most current English version of the Aber Rider Agreement at https://aberrideshare.com/terms-of-service/ will prevail.
2.11 All the terms and provisions of the Aber Rider Agreement shall be binding upon and inure to the benefit of the parties to the Aber Rider Agreement and to their respective heirs, successors, permitted assigns and legal representatives. Aber shall be permitted to assign this Aber Rider Agreement without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Aber Rider Agreement, or any of your rights or obligations hereunder, to any third party without Aber’s prior written consent, to be given or withheld in Aber’s sole discretion.
3. ABER RIGHTS
3.1 We reserve the right to modify or terminate the Services for any reason, without notice at any time.
3.2 We reserve the right to refuse service to anyone for any reason at any time.
3.3 We may, but have no obligation to, terminate you Account if we determine in our sole discretion that the user violates these Terms of Service.
3.4 Verbal or written abuse of any kind (including threats of abuse or retribution) of any Aber customer, Aber employee, member, or officer will result in immediate Account termination.
3.5 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your government issued photo ID and the last four digits of the credit card on file, etc.
3.6 Aber retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Aber reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
4. LIMITATION OF LIABILITY
4.1 You expressly understand and agree that Aber shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, or other intangible losses resulting from the use of or inability to use our Services.
4.2 In no event shall Aber or our employees and contractors be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or this Aber Rider Agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Aber partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Aber Rider Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4.3 Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4.4 Aber does not warrant that the Services will be uninterrupted, timely, or error-free.
5. WAIVER AND COMPLETE AGREEMENT
The failure of Aber to exercise or enforce any right or provision of the Aber Rider Agreement shall not constitute a waiver of such right or provision. TheAber Rider Agreement and the documents it incorporates by reference constitute the entire agreement between you and Aber and govern your use of the Services, superseding any prior agreements between you and Aber (including, but not limited to, any prior versions of the Aber Rider Agreement).
6. REFUND POLICY
We will not refund you if the service was canceled by you or if you breach this Aber Rider Agreement or commit any part of the prohibited conduct listed in this Aber Rider Agreement. We will only refund you if we cannot provide the agreed Services except the non-performance was due to weather, vehicle issues during the service, unpredictable forces or force majeure such as earthquakes, natural disasters, etc.
7. CANCELLATION AND TERMINATION
7.1 You may cancel your Account at any time by writing to us on the contact page and then following the specific instructions indicated to you in Aber’s response.
7.2 Upon termination of the Services by either party for any reason:
7.2.1 Aber will cease providing you with the Services and you will no longer be able to access your Account;
7.2.2 Unless otherwise provided in the Aber Rider Agreement, you will not be entitled to any refunds of any charges, pro rata or otherwise; and
7.2.3 Any outstanding balance owed to Aber for your use of the Services through the effective date of such termination will immediately become due and payable in full.
7.3 If at the date of termination of the Services, there are any outstanding balance owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
7.4 We reserve the right to modify or terminate the Aber Services or your Account for any reason, without notice at any time.
7.5 Without limiting any other remedies, Aber may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.
8. PROHIBITED CONDUCT
We have made the Services available to you under certain conditions, provided that you abide by those conditions. We strive to make the Services safe for every user (both drivers and riders), and you have a responsibility to ensure this website is safe for use. You hereby agree to be courteous to our drivers and treat them with respect at all times. You expressly understand that you may not for any reason, during the term of this Aber Rider Agreement, carry out any activity that will be considered harmful to our drivers or do anything that may put them in danger. We reserve the right to cancel your ride without refunds to you and report to a law enforcement agency if you:
8.1 Make any comment that promotes racism, bigotry, hatred or physical harm of any kind against the driver;
8.2 Make any attempt to harass or intimidate the driver;
8.3 Verbally abuse, or threaten, or physically attack the driver or carry out any violent act while using the Services. You will be solely liable for any damages or harm caused by you or any of your guests on the vehicle; or
8.4 Smoke, vape, vomit or leave trash in the driver’s vehicle or do anything to impair the driver’s use of the vehicle.
You understand that a minimum penalty fee of $150 shall be charged to you if you violate any provisions of this Aber Rider Agreement.
9. MODIFICATIONS TO THE SERVICES AND PRICES
9.1 Aber reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
9.2 Aber shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
10. RELEASE AND WAIVER OF LIABILITY
10.1 In consideration of your participation in our ridesharing program, you hereby release Aber, its affiliate, employee, and agents from any claims, demands, and causes of action as a result of any ridesharing service received under this Aber Rider Agreement. You fully understand that you may become injured during transportation from a location to another location.
10.2 You hereby agree to indemnify and hold Aber harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained in connection with the Services.
10.3 You hereby, for yourself, your heirs, executors, administrators, assignees, or personal representatives knowingly waive any and all rights, claims or causes of action of any kind whatsoever arising in connection with the Services provided to you under this Aber Rider Agreement, and do hereby release and forever discharge Aber, their managers, members, agents, attorneys, staff, contractors, heirs, representatives, predecessors, successors and assignees, from any kind of liability, damages, injury, death, compensation or otherwise brought by you or anyone on your behalf, including attorney’s fees and any related cost.
11. FEEDBACK AND REVIEWS
Aber welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, third party services or any third party provider (collectively, “Feedback”) to Aber be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Aber (whether submitted directly to Aber or posted on any Aber hosted blog or page), you waive any and all rights in the Feedback and that Aber is free to implement and use the Feedback if desired, as provided by you or as modified by Aber, without obtaining permission or license from you or from any third party. Any reviews of a third party service or third party provider that you submit to Aber must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Aber reserves the right (but not the obligation) to remove or edit Feedback of third party services or third party providers, but does not regularly inspect posted Feedback.
12. ABER CONFIDENTIAL INFORMATION
During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“Aber Confidential Information”). You agree that: (a) Aber Confidential Information will remain Aber’s exclusive property; (b) you will use Aber Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose Aber Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the Aber Confidential Information as those contained in this Aber Rider Agreement; and (d) you will take all reasonable measures to protect the Aber Confidential Information against any use or disclosure that is not expressly permitted in this Aber Rider Agreement.
13. PRIVACY & DATA PROTECTION