Port

Passengers – Terms of Service Definitions ◦ “We” or “Us” refers to Port Inc.. ◦ “Port Inc.” refers to Port Inc. Inc., a corporation established under the federal laws of Canada, which is the Port Platform provider. ◦ “Port Platform” refers collectively to the Port website, mobile application, and Services. ◦ “Driver” refers to any User that has registered as a driver on the Port Platform for the purposes of arranging to provide Rides. ◦ “Ride” refers to transportation that a Driver has shared with a Rider in order to offset some, or all, of the costs of the transportation. Such transportation must have been provided through the Port Platform. ◦ “Rider” refers to any User that has registered as a passenger on the Port Platform for the purposes of arranging to receive Rides. ◦ “Services” refers to any of the services provided by Port Inc. by or through the Port Platform. ◦ “User” refers to any person who has downloaded the Port mobile application, or has registered with the Port Platform for the use or potential use of the Services. This term refers to both Drivers and Riders. ◦ “Vehicle” means the vehicle offered by a Driver for the purpose of providing the Ride to the Rider. User Agreement The terms and conditions stated herein constitute a legal agreement between each individual Rider (“You” or “Rider”) and Port Inc. (sometimes doing business as “Port”). By using or receiving services provided by Port Inc. to You through its website located at www.Port.com (the “Site”) or through its mobile applications and related services (such applications and services, including any new features and applications, and the Site, hereinafter being referred to collectively as the “Services”), or by downloading, installing or using the mobile application or any associated software supplied by Port Inc. to use the Services (collectively, the “Software”), you expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at or through the Services. “Services” expressly excludes any and all Rides and associated transportation services which are provided by Drivers. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY AMENDMENTS HERETO), PLEASE DO NOT USE OR ACCESS Port Inc./Port OR REGISTER FOR THE SERVICES PROVIDED ON THE Port PLATFORM. Port Inc. does not provide any transportation services. The Site is a communications platform for Users to transact with one another. Port Inc. does not schedule or interfere with Rides, destinations or timing. The contract for ride sharing is solely between the Driver and the Rider. Port Inc. is not a party to any such contract or transaction between Users, nor is Port Inc. liable in respect of any booking between Users or any death, personal injury or property damage arising out of any act or omission by any User. Port Inc. is not and will not act as an agent for any User. Right to Amend Port Inc. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services, Software or Port Platform at any time, effective upon posting of an updated version of this Agreement on Site or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Services or Software after any such changes shall constitute your consent to such changes. Disclaimers The Services are designed to provide a communication platform to connect and match Riders with Drivers. We provide the Port Platform and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Port Platform and/or the Services. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from jurisdiction to jurisdiction. We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Port Platform or the Services by persons under the required minimum age in violation of this Agreement. We are not responsible or liable in any manner for any content posted on the Port Platform or in connection with the Services, whether posted or caused by Users of the Port Platform, by Port Inc., or by third parties associated with the Port Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Port Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Port Platform or in connection with any content. We are not responsible or liable in any manner for any harm caused by the acts or omissions of any User including before, after, or in the course of the provision of a Ride or other transortation services. Port Inc. is not responsible for the conduct, whether online or offline, of any user of the Port Platform or Services. It also is possible for others to obtain personal information about You due to your use of the Port Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Port Platform or through the Services. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Port Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other participants or Users (including unauthorized users, or “hackers”). Port Inc. only offers a venue that enables Drivers and Riders to match with each other. Port Inc. does not offer transportation services and Port Inc. is not a transportation company. We are not involved in the actual transportation provided by Drivers to Riders. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the participants’ information listed on the Port Platform. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We reserve the right to change any and all content, software and other items used or contained in the Port Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Port Inc. or the Port Platform. The Port Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Port Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Port Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Port Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services. RIDER UNDERSTANDS AND ACKNOWLEDGES THAT (1) Port Inc. DOES NOT PROVIDE ACTUAL TRANSPORTATION SERVICES TO RIDERS, (2) Port Inc. IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE SERVICE, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SERVICE. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS CONNECTED THROUGH THE SERVICE IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. Port Inc. OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT PROVIDE AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OBTAINED BY ANY RIDER OR PROVIDED BY ANY DRIVER USING THE SERVICES. User Conduct You are solely responsible for information, data, text, messages or other materials that you upload, post, publish or display or email or otherwise use via the Service. Port Inc. reserves the right to investigate and take appropriate legal action against anyone who, in Port Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such Users and reporting You to law enforcement authorities. You agree to not use the Service to: ◦ Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; ◦ “Stalk” or otherwise harass any person; ◦ Solicit personal information from anyone under the age of 18; ◦ Harvest or collect email addresses or other contact information of other Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; ◦ Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; ◦ Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or ◦ Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. ◦ Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Port Inc., is objectionable, does or could restrict or inhibit any other person from using or enjoying the Service, or may expose Port Inc. or its Users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or violate any applicable local, state, provincial, national or international law, or any regulations having the force of law; Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services are for your personal use only. You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate your participation in the Port Platform if You have misused the Port Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. Insurance Port Inc. is not responsible for maintaining valid car or other insurance of Drivers. The responsibility for obtaining and maintaining valid insurance falls solely with the Driver. Riders use the platform at their own risk. The Rider shall not hold Port Inc. liable for improper insurance coverage or lack thereof. Port Inc. is not responsible for personal belongings left in the car by a Rider and the loss of these items may not be covered under the Driver’s insurance policy. It is the responsibility of the Rider to ensure they remove all personal belongings from the car after a Port Inc. ride. Riders who have lost an item should immediately call Port Inc.’s Customer line toll-free at 1 (800) 360-6143 or email support@Port.com promptly so the driver may be contacted to try and locate the lost item. We encourage Drivers to immediately notify Port Inc. so we can help contact the Rider if a lost item is found. Drivers should make every effort to return the item to the Rider as soon as possible. Terms of Payment and Fees Cash prohibited: All Payments made by Riders to Drivers shall only be made through the Port Platform. Cash Payments are strictly prohibited. Neither Drivers nor Riders may make or accept Payments in cash under any circumstances. Administrative Fee: Port Inc. receives an administrative fee of up to 20% (the “Administrative Fee”) of each payment that a Rider makes to a Driver. Promotional Offers: Port Inc., at its sole discretion, may make available promotional offers with different features to any of our customers. Port Inc. may change its Administrative Fee as it deems necessary, in its sole discretion. Cancellation with Insufficient Notice and No-Show Fees: Users may be charged up to $10 for cancellation with insufficient notice or no-show. Sufficient cancellation notice is considered twenty-four (24) hours notice or more. Damage Fee: In the event that a Driver reports to Port Inc. that a Rider has in any manner materially damaged the Driver’s vehicle, Rider agrees to pay to Port Inc. a “Damage Charge” for the damage caused depending on the extent of the damage (as determined by Port Inc. in its sole discretion), which shall constitute full payment for Driver’s cost of repairing or cleaning the vehicle, or otherwise remediating the damage. The Damage Charge shall be transferred by Port Inc. to Driver. Facilitation of Payments: All payments for Rides, as applicable, shall be facilitated through Stripe Inc., Port Inc.’s third-party payment processing service. Eligibility Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. You represent and warrant that by using the Port Platform or the Services, You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by You or Port Inc. for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. Port Inc. has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using your password or account or You suspect any other breach of security, You must contact Us immediately. Relationship with Third Parties This paragraph applies to any version of the Port Platform that You acquire from the Apple App Store. This Agreement is entered into between You and Port Inc.. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Port Platform. Port Inc., not Apple, is solely responsible for the Port Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control. Indemnity You agree to defend, indemnify and hold harmless Port Inc. and its affiliates, and their respective shareholders, employees, independent contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by You; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of a Ride that You provide as a Driver or a Ride that You take as a Rider. Release In the event that You have a dispute with one or more Users, You agree to release Port Inc. and its affiliates, and their respective shareholders, employees, independent contractors, agents, officers and directors, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Port Platform or the Services. Limitation of Liability IN NO EVENT WILL WE AND OUR AFFILIATES, AND OUR RESPECTIVE SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS OR DIRECTORS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE Port PLATFORM, OUR SERVICES OR THIS AGREEMENT (HOWSOEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE Port PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF THE Port PLATFORM OR THE SERVICES, OR OTHER PARTICIPANTS INTRODUCED TO YOU VIA THE Port PLATFORM OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR RESPECTIVE SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS OR DIRECTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Please keep in mind that the Internet is like a big city with all kinds of people in it. Don’t travel with someone you don’t trust. By using the Services you agree that Port Inc., partner organizations and individuals including organizers or sponsors of carpool groups, and related persons are not responsible for your safety, comfort, or successful travel arrangements, or for your belongings, or for any other liability with regard to your use of the Port Platform. Port Inc., at its own discretion, may take steps to check its Drivers’ backgrounds, driving history, proof of automobile insurance, or possession of a valid driver’s license. However, Port Inc. makes no representation or warranty, either express or implied, that any such check has been carried out or that any information provided to it is true or correct or not misleading, and makes no assurance or guarantee as to the safety of a Ride, the reliability of a Driver, or a Driver’s vehicle, or for anything else, and Port Inc. expressly disclaims all warranties as to any Drivers and Riders. Responsibility for the decisions You make regarding accepting transportation rest solely with You. It is each Rider’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the Port Platform and Services. Port Inc. requests that Users exercise caution and good judgment when using the Services. DRIVERS AND RIDERS USE THE SERVICES AT THEIR OWN RISK. Port Inc. is not responsible for any damages (including personal injury, death, property damage, lost time or wages, and the like) resulting from or related to a ride facilitated by the Services, or for resolving any disputes between You and another user. You hereby agree that your use of the Services is at your sole risk. No Liability for Online Content Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Port Inc., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Port Inc. does not guarantee the accuracy, completeness, or usefulness of any information on the Services and Port Inc. does not adopt nor endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than those made by Port Inc.. Port Inc. reserves the right, but Port Inc. has no obligation, to monitor the materials posted in the public areas of the Services. No Agency By agreeing to use our Service, you agree you are not an employee or independent contractor of Port Inc., and no agency, partnership, joint venture, or franchisor-franchisee relationship is intended or created by this Agreement. DRIVERS ARE NOT Port Inc. EMPLOYEES OR INDEPENDENT CONTRACTORS. DRIVERS VOLUNTARILY USE OUR MOBILE PLATFORM TO BE MATCHED WITH RIDERS AND OBTAIN PAYMENT CASHLESSLY THROUGH THE Port PLATFORM. IT IS UP TO THE DRIVER TO DECIDE WHEN HE OR SHE WISHES TO DRIVE USING THE Port Inc. APP, WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE Port PLATFORM, THE ROUTE THEY WILL TAKE, AND WHAT PRICING ADJUSTMENT THE DRIVER WISHES TO SET. A RIDER DECIDES WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE Port PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE Port PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. Privacy Statements Port Inc. cares about your privacy, and has a detailed and thorough Privacy Policy in place. We strongly recommend that you take the time to read over the Privacy Policy carefully. You should know that by agreeing to the Terms and Conditions of Use, you explicitly express that you have read the Privacy Policy and consent and agree to the terms contained therein. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information, your GPS location relating to ride pick-up and drop-off locations, and aggregate data as set forth in our terms of service, and to have your personally identifiable information collected, used, transferred to and processed in the United States. Users specifically agree to the release of their Port Platform ride data to airport authorities who may request such data from Port Inc. as a condition of operating on airport property. If a User chooses to share a Port Inc. ride with another User, Users may see each other’s pick-up and drop-off locations, either in person or on the app’s map. Users who share rides specifically consent to this information being disclosed to the other and Users agree never to disclose this information in any way. Use of Google Services: Port Inc.’s technology incorporates certain software provided by Google (namely, the Maps API). In agreeing to this Agreement, all Users also agree to Google’s current Terms of Use. Port Inc. cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Your Information Your Information is any information, including photos, You provide, publish or display (“post”) to the Port Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and your interactions with other people in the public, and We act only as a passive conduit for your online posting of Your Information. When You use the Port Platform, You agree to provide accurate, current and complete information as prompted by our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that Port Inc. may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and your use of the Services. By agreeing to these Terms and Conditions, you expressly consent, in compliance with Canada’s Anti-Spam Legislation, to receiving electronic messages containing newsletters, surveys, promotions and special offers. If you do not want to receive such electronic messages, You will be given the option to opt out or change Your preferences. Zero Tolerance Policy Rider agrees to report to Port Inc. promptly any Driver reasonably suspected to be in violation of this zero-tolerance policy by calling Port Inc.’s Customer Support line toll-free at 1 (800) 360-6143, and emailing us at support@Port.com. Drivers may be deactivated from using the Port Platform while an investigation takes place. Users agree to report to Port Inc. promptly any safety-related complaint by calling Port Inc.’s Customer Support line toll-free at 1 (800) 360-6143 or emailing us at support@Port.com. Anti-Discrimination Port Inc. HAS AN ANTI-DISCRIMINATION POLICY. USERS ARE PROHIBITED FROM MAKING ANY NEGATIVE RATING, CONDUCT OR SPEECH ON THE BASIS OF OR INFLUENCED BY GENDER, RACE, ETHNICITY, ABILITY, DISABILITY, SEXUAL ORIENTATION, AGE, OR OTHER PROTECTED GROUND UNDER APPLICABLE LAW. Users agree to report to Port Inc. promptly any discrimination related complaint by calling Port Inc.’s Customer Support line toll-free at 1 (800) 360-6143, and emailing us at support@Port.com. Users may be deactivated from the Port Platform for discriminatory behavior. Termination This Agreement is effective upon use of the Port Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate your participation in the Services at any time, for any reason upon receipt by Us of your written notice of termination. Either party hereto may terminate your participation in the Port Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written notice to the other party. Upon such termination, We will remove all of Your information from our servers, though We may retain an archived copy of Your Information as required by law or for legitimate business purposes. We maintain sole discretion to prohibit your use of the Services in the future, for any or no reason. Even after your participation in the Port Platform is terminated, this Agreement will remain in effect. Entire Agreement/Severability This Agreement, together with the Privacy Policy and any amendments and any documents incorporated by reference herein and any additional agreements you may enter into with Port Inc. in connection with the Services, shall constitute the entire agreement between you and Port Inc. concerning the Services. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Driver and Rider Obligations If the Rider or Driver fail to comply with any of these terms and conditions, Port Inc. reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the Port Platform. It is up to each Driver and Rider to confirm with each other that the Driver is covered by valid insurance. The Driver must confirm that their insurance policy allows them to share a Ride with Riders, and that their insurance policy covers all Riders and any accident or incident which may occur during a Ride. The Driver and the Rider acknowledge that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Driver had made or was seeking to make a profit. Governing Law This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of Ontario, except for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. Disputes Port Inc. has no responsibility whatsoever for the actions or conduct of Drivers or Riders. Port Inc. has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Riders, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. Arbitration For any dispute with Port Inc., you agree to first contact us by calling Port Inc.’s Customer Support line toll-free at 1 (800) 360-6143 or emailing us at support@Port.com, and attempt to resolve the dispute with us informally. If the matter is not resolved, any disputes or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination will be referred to and finally determined by arbitration, from which there will be no appeal, before a single arbitrator in Toronto in accordance with the provisions of the Arbitration Act (Ontario). For greater certainty, the application of article 34 is expressly excluded. Liability for costs will be decided through the arbitration process. The award rendered by the arbitrator shall include costs of arbitration, reasonable legal fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Port Inc. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.