Last Updated: October 4, 2019

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Loyal Lifts, LLC, its parents, subsidiaries, representatives, affiliates, members, and managers (collectively, “Loyal Lifts”, “we”, “us”, or “our”) governing your use of the Loyal Lifts services (collectively, the “Services”).

By entering into this Agreement, and/or by using or accessing the website of Loyal Lifts and using the Services provided thereby, you expressly acknowledge that you understand this Agreement (including the dispute resolution provisions contained in Section 10 hereof) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES. 

1. Modification to Agreement

Loyal Lifts reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Loyal Lifts reserves the right to modify any information contained in these terms and conditions from time to time, and such modifications shall be effective upon posting. Continued use of the Services after any such modification shall constitute your consent to same.

2. Eligibility

The Services may only be used by individuals who have the right, authority, and capacity to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. By becoming a user of the Services (a “User”), you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, a minor under the age of 18 may use the Services when accompanied by a parent or legal guardian. By allowing a minor to use the Services, you, as a parent or legal guardian hereby give permission and consent to this Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor’s use of the Services as provided by the terms of this Agreement.

3. Payment

Payment for use of the Services is due at the time of service. In the event a User fails to pay for services rendered, the User shall be responsible for all legal fees and costs incurred by Loyal Lifts in attempting to collect any outstanding payment. Payments not made at the time of service may be subject to penalty fees or interest.

4. Restricted Activities

With respect to your use of the Services, you agree that you will not:

1. Threaten or otherwise harass any driver or any other person;
2. Carry any weapons;
3. Violate any law, statute, rule, permit, ordinance, or regulation;
4. Engage in any violent, disruptive, disorderly, or troublesome behavior; or
5. Drink alcohol or carry any open containers of alcoholic beverages.

Loyal Lifts reserves the right to refuse or withdraw service to any User or any other passenger who engages in any Restricted Activity.

5. Pets

No pets of any kind will be allowed any vehicle used by Loyal Lifts in the provision of the Services except in the case of registered service animals. Any such registered service animal shall be placed in a carrier or otherwise safely secured in the vehicle at all times.

6. Seating

All passengers agree to abide by any and all laws, rules, ordinances, and regulations applying to vehicle passengers. You agree to wear a seat belt or other restraint as is required by law. If you are seated in a wheelchair, you agree to remain in such wheelchair during the duration of the Services. You agree to safely secure any and all carry-on items, including any medical equipment, for the duration of the Services.

7. Not Designed for Medical Transport

Loyal Lifts is not an ambulance or non-emergency medical transportation service. Loyal Lifts drivers are not required to have medical certifications or specialty training required by the State of North Carolina. Loyal Lifts drivers shall not perform any medical services and Loyal Lifts does not accept Medicare, Medicaid, or any type of private insurance.

8. Limitation of Liability.

In no event will Loyal Lifts, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective members, managers, officers, directors, employees, agents, or shareholders (collectively, “Loyal Lifts” for the purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages arising out of or in connection with the Services or this Agreement, however arising, including negligence.=

9. Indemnification

You will defend, indemnify, and hold Loyal Lifts, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective members, managers, officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Services, including: (a) your breach of this Agreement, (b) your violation of any law or the rights of a third party including drivers, riders, other motorists, and pedestrians, as a result of your own interaction with such third party; and/or (c) any other activities in connection with the Services. 

10. Dispute Resolution

Any and all claims arising under this Agreement or in relation to the Services shall be submitted for resolution to binding arbitration pursuant to the Rules of the American Arbitration Association. All demands for arbitration must be commenced within all applicable statutes of limitations and statutes of repose. The decision of the arbitrator can be reduced to judgment and enforced by any court having lawful jurisdiction thereof.

11. Miscellaneous

1. This Agreement shall be governed by the laws of the State of North Carolina and any dispute arising hereunder shall be arbitrated or litigated in Buncombe County, North Carolina.
2. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision.
3. The provisions of this Agreement, which by their nature are intended to survive the termination, cancellation, completion or expiration of the Agreement, shall continue as valid and enforceable obligations of the parties notwithstanding any such termination, cancellation, completion or expiration.

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