terms-service-user

Customer Terms and Conditions

Last updated: August 9, 2021

By registering as a Customer (as defined below) of Wingmen Technologies, Inc. (referred to herein as “Wingmen”, we”, “us”, or “our” as the context requires) on the Mywngmn.com website or mobile application, or any other website owned, licensed, or otherwise operated by Wingmen (collectively, the “Wingmen Websites”) or any other part of the Wingmen Platform (as defined below), you (hereinafter referred to as “Customer”, “you”, or “your” as the context requires) are agreeing to the following Terms and Conditions (these “Terms and Conditions”).

These Terms and Conditions constitute a binding contract between you and Wingmen. Wingmen is the owner and operator of the Wingmen Websites and the corresponding mobile applications made available on iOS or Android devices (collectively the “Wingmen Applications” and, together with the Wingmen Websites, the Wingmen referral Service, any all other Wingmen software, and any and all Wingmen telephone numbers, collectively, the “Wingmen Platform”).

PLEASE TAKE NOTICE: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH WINGMEN ON AN INDIVIDUAL BASIS, NOT AS A COMPLAINANT OR PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING, THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS AND CONDITIONS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THESE TERMS AND CONDITIONS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Definitions

Except as otherwise defined in these Terms and Conditions, capitalized terms have the meanings set forth herein.

“Customer” means a person or entity that utilizes any part of the Wingmen Platform or Wingmen’s referral Service to avail his, her, or itself, as the case may be, to Drivers willing to provide driving Services.

“Driver” means a person who is registered on the Wingmen Platform in order to utilize the Wingmen Platform and Wingmen’s referral Service to avail themselves to Customers who seek driving Services.

 

Description of Service

 

Wingmen serves as a platform where a Customer who is looking for a means of transportation to a certain destination can be matched with Driver who can assist in providing transportation by driving the Customer’s vehicle to such destinations. Wingmen is a referral Service that provides information to you about where, when, and from whom you may obtain driving Services. By signing up with this Service (referred to as “Online Service,” “Referral Service,” or simply “Service”), we agree to provide you with timely information about individuals that may serve you. We require a referral fee which (“Referral Fee”), and compliance with these Terms and Conditions in exchange for the Service, as detailed in these Terms and Conditions. By creating an account and receiving our referrals to Drivers, you agree to abide by all of these Terms and Conditions. The Wingmen Applications are not intended for the transportation of unaccompanied minors, and are not designed to promote underage drinking, as these activities are expressly banned from the Wingmen Applications. During peak usage of the Service, Drivers may not be available. Referrals to Drivers are available on a “first come, first serve” basis, and not guaranteed until confirmed by Wingmen.

Changes and Modifications to these Terms and Conditions

Wingmen shall be permitted to make changes or modify these Terms and Conditions, and any time and for any reason. If Wingmen changes or modifies these Terms and Conditions, such changes and modifications shall be automatically binding on Customer upon using the Wingmen Applications. Wingmen reserves the right to modify any information referenced in these Terms and Conditions from time to time. The modified terms and conditions shall become effective upon posting. Continued use of the Wingmen Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, Customers agree that modification of these Terms and Conditions does not create a renewed opportunity to opt out of arbitration (if applicable).

Registration

Before receiving any Services from Wingmen, you must become a registered Customer. In order to use our Services, you must register for and maintain an active personal Customer account (“Customer Account”). A registered Customer is one who completes the Customer registration process in one of three ways; by (1) filling out a registration form online through the “Sign Up” or “Customer Registration” section on a Wingmen Website; (2) calling 1-xxx-xxxx and asking to be signed up as a registered Customer; or (3) completing the “Customer Registration” section on Wingmen’s mobile application.

The Wingmen Services may only be accessed and used by persons who can form legally binding contracts under applicable law. The Wingmen Services shall not be available to minors (persons under the age of 18), or under-age, intoxicated individuals. The same applies for Customers whose accounts have been temporarily disabled or permanently deactivated. When you agree to be a Customer, you represent and warrant that you are at least 18 years old, and that if you are under the age of 21, that you will not use the Wingmen Services to facilitate underage drinking, the transportation of unaccompanied minors, or any other unlawful activity. You also represent and warrant that you have the capacity, right and authority to enter into and abide by these Terms and Conditions. You may not allow other persons to use your Customer account, and you agree that you are the sole authorized user of your account, and the individual who will be receiving the Services.

As a Customer Account holder, you agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always exit from your account at the end of each session. You agree that Wingmen cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Online Account

Account registration requires you to submit to Wingmen certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Wingmen. You agree to maintain accurate, complete, and up-to-date information in your Customer Account. Your failure to maintain accurate, complete, and up-to-date Customer Account information, including without limitation, having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Customer Account, and you agree to maintain the security and secrecy of your Customer Account username and password at all times. Unless otherwise permitted by Wingmen in writing, you may only possess one Customer Account.

As a Customer, you will receive a password and account name for access to an online account with one or more of the Wingmen Websites. You will be solely responsible for maintaining the confidentiality of the online account and its password, and are solely responsible for any and all activities that occur under your account. When you open an account with us, ensure to always provide true, correct information and complete information. If we find out that the information you provide to us is incorrect or inadequate, it will result to a breach of these Terms and Conditions set forth herein; and may leave us with no choice than to terminate your account on our Service.

As an account holder on the Wingmen Platform, you agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always exit from your account at the end of each session. You agree that Wingmen cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You acknowledge, consent and agree that Wingmen may access, preserve and disclose your account information if, in our sole discretion, we believe doing so is in any manner necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any online content that violates the legal rights or obligations of third parties with whom we contract; (d) respond to your requests for customer Service; or (e) protect the rights, property and personal safety of Wingmen, its users and the public.

Wingmen, in its sole discretion, expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of our online Services and referral Services. Reasons for doing so include, but are not limited to, instances in which Wingmen believes in its sole discretion, you have: (i) violated or tried to violate the legal rights of others to use the Services of and/or associate with Wingmen; (ii) violated these Terms and Conditions; (iii) violated any law; or (iv) for any other reason in Wingmen’s sole and absolute discretion. You hereby agree that, under these Terms and Conditions, Wingmen is not required to give you any prior notice of termination of your account and referrals.

 

By creating an online account, you acknowledge and understand that the software that embodies the Wingmen Websites includes security components that allow us to protect, record, and preserve data that is utilized by operation of the software and your personal privacy. For more information about Wingmen’s security and privacy controls, see Wingmen’s Privacy Policy available here. By using any software made available through the online Service, you agree that you shall not attempt to override or circumvent any such protective, recording, or preservation measures, including but not limited to the usage rules embedded in the software.

 

Communications with Wingmen

Pursuant to these Terms and Conditions or by using the Wingmen Services, Customers agree to receive various communications from Wingmen. This includes the following: e-mail; SMS or text messages; calls; and push notifications. Customers agree that SMS or texts, calls or messages that are prerecorded may be produced through automated telephone dialing systems.

Any type of communications from Wingmen, may include but are not limited to the following items: operational communications about your Customer account or using the Wingmen Services. This includes updates about new and existing features on the website or application, marketing and advertising communications about promotions from us or our third-party partners. This also includes any news about Wingmen and other types of industry news and developments. Standard text messaging rates and charges applied by your network provider will apply to the text messages that will be sent.

IF YOU NO LONGER WANT TO RECEIVE COMMUNICATIONS LIKE PROMOTIONAL AND MARKETING EMAILS, YOU CAN UNSUBSCRIBE AND REMOVE YOURSELF FROM OUR PROMOTIONAL EMAILING LIST BY CLICKING THE UNSUBSCRIBE OPTION FOUND IN THE PROMOTIONAL EMAIL. IF YOU NO LONGER WANT TO RECEIVE ANY PROMOTIONAL CALLS, MESSAGES OR TEXTS, YOU MAY DO SO BY FOLLOWING THE INSTRUCTIONS THEREIN.

 

Network Access and Devices

 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Wingmen does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

Customer Conduct

 

  • You agree to use the Wingmen Platform only for lawful purposes.(e.g., no transport of unlawful or hazardous materials, not to facilitate underage drinking, or the transportation of unaccompanied minors).
  • You agree to not make any disparaging comments about Wingmen, its employees, Customers, or Drivers.
  • You agree to use the Wingmen Platform only for its intended purposes.
  • You agree not to disrupt any part of the Wingmen Platform.
  • You agree not to interfere with or compromise the security of any part of the Wingmen Platform, or any computer, server, account, network, data, software and/or hardware associated with Wingmen or the Wingmen Platform.
  • You agree not to disrupt or interfere with any other visitor’s use of any part of the Wingmen Platform.
  • You agree not to offer or recommend any promotional materials, including but not limited to promotion/referral codes, on commercial coupon discount websites. Referral codes may only be personally distributed. You agree that Wingmen has sole discretion to discredit and delete any promotional/referral code at any time for whatever reason Wingmen deems appropriate.
  • You agree not to attempt to obtain access to any portion of the Wingmen Platform, any computer, server, account, network, software and/or hardware associated with Wingmen or the Wingmen Platform from which you are restricted.
  • You agree that you are solely responsible for any actions you undertake while visiting the Wingmen Platform and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to the Wingmen Platform and the Internet, including United States copyright law and export regulations.
  • You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to any part of the Wingmen Platform.
  • You warrant that all information you provide to gain access to any part of the Wingmen Platform or the Services provided by Wingmen is accurate and truthful.
  • Wingmen reserves the right to prohibit any conduct involving any part of the Wingmen Platform that it deems to be inappropriate or illegal.
  • In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
  • You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you always agree to maintain the security and secrecy of your Account username and password. Unless otherwise permitted by Wingmen in writing, you may only possess one Account.
  • Wingmen does not knowingly or intentionally collect personal information from children under the age of 18. The content of the Wingmen Platform is directed at adults and is intended for use only by adults over the age of 18. If you are under the age of 18, you may not submit any personal information to Wingmen.

Payments and Fees

As a Customer, you understand and agree that a request and/or use of the Services will result in charges to you (“Charges”). Charges for Services include the Referral Fee and other applicable fees, tolls, surcharges, and taxes as set forth in the Wingmen app, plus any tips to the Driver that you elect to pay. You are responsible for reviewing the applicable price quote within the Wingmen app and shall be responsible for all Charges incurred under your Customer Account regardless of your awareness of such Charges or the amounts thereof. Wingmen may update any of the Charges for the Services at any time.

In exchange for the Charges, Wingmen shall provide you with the Services which provide the opportunity to engage a Driver willing to provide driving Services as outlined below. You hereby acknowledge and agree that your registration is made in order to facilitate a business transaction, and not a transaction to purchase goods or Services for personal or household use. Wingmen does not provide any driving Services.

Wingmen shall list all pricing for all Services in U.S. Dollars.

Customers shall be permitted to pay immediately or upon an invoice. Customers who choose to be invoiced, shall have only 7 days after the sending of an invoice to request adjustments or edits. After the 7 day window, the Customer shall forfeit the right to make any changes to the invoiced costs and the full balance of the invoice shall be due.

If Wingmen does not receive payment for Services rendered within the agreed upon payment term, which shall be no longer than 30 days after invoice is sent, then a 5% monthly penalty fee will be added to all due balances.

You may consider the following driving Services options:

  1. Chauffeur: Wingmen shall refer you to a Driver that is available for an entire night, on a per-hour basis, for a minimum of three (3) hours. Rates vary by location. You will be billed for both driving and non-driving hours, and the total will be rounded up to the nearest full hour (“Chauffeur Services”).
  2. Designated/Personal Driver: Wingmen shall refer you to two Drivers that are available to drive you and your vehicle from one specified location to another, at a flat rate plus the cost of mileage and time. Mileage rates vary by location. If, upon arriving at the designated location, the Driver waits for over 15 minutes, you will be assessed a fee per each 15 minute period the Driver continues to wait (“Personal Driver Services”).
  3. Events: Wingmen shall refer you to Driver teams able to “stand-by” at an event location, available to transport event attendee(s) and their vehicle(s) home upon signature of a Waiver. Hourly rates per team vary by location. Logistics coordinator is available for an per hour fee and must remain for the duration of the event (“Event Driver Services”).
  4. Car Care: Wingmen shall refer you to a Driver or Driver team, contingent on the request for Service, to drive you and your vehicle or just your vehicle to a specified location(s) to receive routine vehicle Service. The specified location must be a registered and/or licensed business to perform such routine vehicle Service. i.e. automotive mechanic, dealership, car wash, oil change facility etc. A flat rate plus the cost of mileage and time will apply for drop off and pick up Service. For Valet Car Care Service, the Driver will remain with the vehicle until the completion of all Services and return the vehicle to the specified location, on a per-hour basis, for a minimum of one (1) hour. Rates vary by location. You will be billed for both driving and non-driving hours, and the total will be rounded up to the nearest full hour (collectively, “Car Care Driver Services”).

Wingmen will automatically and immediately bill you for any referral you request, based upon the billing option you choose, by means of the credit card information you provide during the registration process, whenever possible. Wingmen reserves the right to charge payment prior to the start time for any reservation without prior notice.

If your credit card is invalid or unauthorized for any reason, your access to the Wingmen’s driving Service may be suspended or cancelled immediately, without notice, and all the information contained within it deleted permanently. When a payment is due, such payment shall be paid immediately, and a 2% daily non-payment fee will be added to the already outstanding balance.

For corporate customers who choose weekly billing, an invoice will be generated every week for the previous weeks billed hours and payment will be due upon the sending of the invoice.

You will be responsible for paying any tolls or parking fees required during your use of the Service, and will be responsible for any tolls required for the Driver to travel to your location during your Service request or prior to commencing your Service request.

You hereby agree that Wingmen may alter Service fees at any time, without prior notice to you, to affect any future referral from Wingmen.

You hereby agree that Wingmen will charge a 2% weekly compounding late fee for any past due balances charged on the Monday of each week.

Repair, Cleaning or Lost and Found Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by Wingmen in Wingmen’s reasonable discretion, Wingmen reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Wingmen to a Third Party Provider, if applicable, and are non-refundable. This will apply if the Customer has overflow passengers who are riding in Driver vehicle.

Referral Cancellation/Revisions

If you wish to cancel your request for a referral, you must do so within two hours of the requested start time. Failure to do so will result in an automatic, minimum cancellation charge of two hours. Any cancellations/revisions to a reservation must be made through the Wingmen corporate office either by editing the order in your profile on one of the Wingmen Websites or by calling 1-855-699-6466 and speaking to a live customer Service representative. Wingmen has the authority and reserves the right to modify or change the Referral Fee and Charges, after the commencement of the Customer’s trip if you attempt to switch or change your destination, add or make multiple stops, or in any way abuse or attempt to abuse the Wingmen Platform, not made in accordance with the terms of this Section. We have the option to modify the Referral Fee and Charges quoted to you and instead charge you a revised Referral Fee and Charges based upon actual use or as Wingmen deems necessary.

Restriction

You are not permitted to receive driving Services from Drivers registered with Wingmen except through your contractual relationship with Wingmen. All requests for Service with Wingmen must be placed directly with Wingmen through the Wingmen Platform, or on the Wingmen phone line, and calling a Driver directly is not considered a request for Service with Wingmen. You hereby agree that receiving driving Services of the type provided to referrals from Wingmen, and from the Drivers you obtain knowledge of through Wingmen is a material breach of these Terms and Conditions and all rights and protections provided by these Terms and Conditions to you are null and void, and you hereby waive any rights or remedies you have against Wingmen under these Terms and Conditions or under applicable law. Any breach of these restrictions will result in a $10,000 fine per use of Service, each and every time a Driver is used. This amount will be due immediately upon breach of these Restrictions.

If you violate this provision, Wingmen may, in its sole discretion and without notice, in addition to any remedies available under applicable law, (i) suspend or terminate you from current or future Services through Wingmen; (ii) pursue any remedy necessary to enforce this this provision in a court of law; and (iii) and recover damages related to enforcing this provision including but not limited to (a) lost profits; (b) costs; (c) expenses; and (d) attorney fees.

Copyright, Trademark and Intellectual Property

All information, content and material made available by Wingmen through any part of the Wingmen Platform, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising any part of the Wingmen Platform or any component or element thereof (collectively, the “Content”) is owned by or licensed to Wingmen. The compilation of the Content on the Wingmen Platform is the exclusive property of Wingmen and its licensors and is protected by U.S. and international copyright law.

Wingmen and its licensors retain all rights in the Content of the Wingmen Platform. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.

Wingmen grants you permission to display and print the Content of the Wingmen Websites (other than the computer code) for your personal, non-commercial use only; provided, that, even if you display or print the Content of any Wingmen Website as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.

The Content may not be used in connection with any Service or information that is not Wingmen’s or in any manner that is likely to cause confusion among consumers or that disparages Wingmen. The rights granted herein terminate automatically if you breach these Terms and Conditions. Upon termination of these rights, you agree that you will immediately destroy any Content you displayed or printed.

Wingmen and all derivations thereof are trademarks of Wingmen. Other marks used on the Wingmen Platform are either registered trademarks, trademarks, trade names, Service marks, or otherwise protected property of Wingmen and may not be used, copied or imitated without the prior written consent of Wingmen.

Alteration of the Wingmen Platform

Wingmen may change, suspend or discontinue any feature, aspect, or Service available through any part of the Wingmen Platform at any time. Wingmen may alter the availability of any feature of any part of the Wingmen Platform or Service related to any feature of the Wingmen Platform at any time. Wingmen may add, remove or modify any content of any part of the Wingmen Platform, including that of third parties, at any time.

Liability

Wingmen carries general corporate insurance only. Wingmen requires that that both the Driver and the Customer maintain current automobile registration and automobile liability insurance in amounts as required by the Driver’s and the Customer’s respective state laws (respectively, the “Driver’s Insurance” and the “Customer’s Insurance”). The Customer’s Insurance must cover the vehicle the Customer plans to be transported in by a Wingmen referred Driver. Customer herby grants to Driver the permission to drive the Customer’s Vehicle pursuant to the Vehicle insurance policy of the Customer. If the Customer’s Insurance or the Driver’s Insurance does not cover the extent of the liability, the Customer agrees, to indemnify and hold harmless Wingmen for any liability in excess of the Customer’s Insurance or the Driver’s Insurance. Wingmen does not insure or guarantee any payment or compensation for incidents that may occur during the Service, and you acknowledge and agree that either you or the Driver may be personally liable for damages that are not covered by either the Driver’s Insurance, the Customer’s Insurance, or any other insurance. In addition, Wingmen is not responsible for any items lost or stolen, or any damage that may occur to the vehicle while it is parked whether attended or unattended by the Driver. Accordingly, you are at risk for any loss or physical damage or personal injury that occurs during your use of the Service.

You shall provide your Driver with proof of the Customer Insurance prior to each time that you receive the Service. In the case of a Customer renting a vehicle, the customer must purchase insurance from the rental car company covering the potential liability to the vehicle, any individuals in the vehicle, or any third party that may be involved in an incident. If the insurance purchased from the rental car company does cover the extent of the liability, the Customer agrees to be solely responsible for any liability in excess of the policy they purchased from the rental car company from which they rented the vehicle.

Wingmen shall not be responsible for any damage, loss, cost, or other liability whether or not any such damage, loss, cost, or other liability results from the Service unless the actions of Wingmen directly caused or resulted in such damage, loss, cost, or other liability; provided that you hereby acknowledge and agree that any damage, loss, cost, or other liability that arises as a result of where the vehicle was placed at the conclusion of a reservation (the conclusion of a reservation being the time when the Driver returns the keys to the vehicle back to the Customer, to a person authorized by the customer or in a place identified and authorized by the customer) shall not under any circumstances be considered to have been caused directly or indirectly by the Driver or Wingmen. In addition, if after an investigation and inquiry by Wingmen, Wingmen determines in its sole discretion that the Driver was at fault for an accident, Customer may be eligible (such eligibility determined by Wingmen in its sole discretion), to be reimbursed by Wingmen solely for payments Customer made toward the deductible in respect of the Customer Insurance in an amount not to exceed One Thousand Dollars ($1,000) (individually, each an “At Fault Deductible Reimbursement Payment”). Customer shall follow the procedures set forth in the section below titled “Procedure in Case of Accident or Injury” in order to submit and be eligible to receive a claim for an At Fault Deductible Reimbursement Payment.

Wingmen shall not be held responsible in any occasion for a referred Driver who may or may not be sick with any illness, sickness, virus, or any medical issue that may be contagious. All risk brought on by utilizing the Wingmen Platform shall be the liability and choice of the Wingmen Customer.

Procedure in Case of Accident or Injury

Once you notify Wingmen of any accident or injury to persons or property, Wingmen will provide you with the information necessary to contact the Driver and the carrier of the Driver’s Insurance. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with the carrier of Customer’s Insurance or the carrier of the Driver’s Insurance.

For Wingmen to consider a claim for an At Fault Deductible Reimbursement Payment, you must submit to Wingmen at support@mywngmn.com (1) an official police report of the accident that states that the Driver was at fault within five days of the accident giving rise to the claim, (2) written statement that includes a detailed narrative of the accident, where it occurred, when it occurred, who was involved, and the damages the occurred within five days of the accident giving rise to the claim, and (3) evidence in form and substance satisfactory to Wingmen (in its sole discretion) that Customer paid the deductible for Customer’s Insurance in respect of the accident giving rise to the claim within five days of making such payment (collectively, the “At Fault Deductible Reimbursement Payment Claim Submission”). After Customer has submitted the At Fault Deductible Reimbursement Payment Claim Submission related to the accident, if after an investigation and inquiry by Wingmen, Wingmen determines in its sole discretion that Driver was at fault for an accident and that Customer is eligible to receive the At Fault Deductible Reimbursement Payment related to the accident, then Wingmen shall send a waiver to Customer (each an “At Fault Deductible Reimbursement Payment Customer Waiver”). Within thirty (30) days of Customer returning the executed At Fault Deductible Reimbursement Payment Customer Waiver related to the accident giving rise to the claim to Wingmen at support@mywngmn.com, Wingmen shall send to Customer the At Fault Deductible Reimbursement Payment related to the accident giving rise to the claim.

Duty to Notify & Cooperate

In case of an accident, injury, violation of law, or violation of these Terms and Conditions by any person, you agree to provide immediate, written notice to Wingmen. Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to support@mywngmn.com.

You also agree to fully and timely cooperate in any investigation by Wingmen of any incident reported by you, a Driver, or any other person; any suit brought by a third party; and/or any process of binding arbitration that may affect a right or interest of Wingmen. You acknowledge that your cooperation shall include, when relevant, release of any insurance information and medical information and/or tests, including your medical and law enforcement records, related to any accident, injury, violation of law, or violation of these Terms and Conditions.

 

Car Ownership

In the event that you do not own the vehicle in which you plan to be transported by a Wingmen referred Driver, you must notify Wingmen immediately. Failure to do so is a material breach of these Terms and Conditions.

Prior to receiving any requested driving Services under these circumstances, the vehicle owner must provide to Wingmen a completed, written and notarized authorization by the vehicle owner (“Authorization”). If the Authorization is not completed within two hours prior to the beginning of your reservation, the order may be subject to cancellation. If your order is cancelled for your failure to provide the Authorization two hours prior to your reservation, you will be assessed a late cancellation fee of $30.00.

Notwithstanding your previous representations to Wingmen or your Driver regarding vehicle ownership, in the instance that you utilize driving Services through Wingmen and Wingmen has not received Authorization regarding vehicle ownership, you represent and warrant to Wingmen that you have obtained lawful access to a vehicle that you own, and are lawfully using that vehicle to consummate Wingmen’s referral Service.

By failing to obtain the Authorization based on vehicle ownership, Wingmen does not waive any right to enforce any provisions of these Terms and Conditions, including indemnification and hold-harmless provisions.

If a vehicle is rented from a third-party, you represent and warrant that insurance for the vehicle has been purchased from that third-party or another third-party covering the vehicle, any individuals in the vehicle, and any damage caused to a 3rd party during the duration of the rental.

Independent Contractor

You hereby acknowledge that you are receiving only referral Services from Wingmen, and that each Driver to whom you are referred is an independent contractor and is not an employee of Wingmen. You and Wingmen agree that this relationship does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the Driver and Wingmen.

You also acknowledge that any Driver to whom you are referred is not authorized to enter into or commit Wingmen to any agreements beyond those authorized by these Terms and Conditions. Furthermore, the Driver is contractually bound to not represent itself as the agent or legal representative of Wingmen, and shall not be construed as ever doing so.

Indemnification & Waiver

You agree to forever waive, indemnify, defend, and hold harmless Wingmen and its officers, directors, employees, agents and other representatives from and for any claims, allegations, lawsuits, or other proceedings for any injury, loss, or damage resulting from a referral from Wingmen, including costs of litigation, settlement, award, and attorney fees. You agree to forever indemnify, agree to defend, and hold harmless Wingmen and its officers, directors, employees, agents and other representatives from and against all damages, losses, and causes of action including, without limitation, costs, awards, settlements, attorney fees, and damages to the extent caused by:

  1. Breach of any provision of these Terms and Conditions by you, your Driver, or Wingmen;
  2. Misrepresentation or falsity of any affirmation, warranty, or claim by you, the Driver, or Wingmen within these Terms and Conditions or while receiving Service;
  3. Negligent or willful acts by you, your Driver, or Wingmen;
  4. Non-compliance or breach of any applicable law, rule or regulation by you, your Driver, or Wingmen; and/or
  5. Infringement of any right of any third party by you, your Driver, or Wingmen.

In the event of any litigation or proceeding brought against Wingmen and arising out of or in any way connected with any of the above events or claims against which you agree to defend Wingmen, you shall, upon notice from Wingmen, vigorously resist and defend such actions or proceedings in consultation with Wingmen through legal counsel reasonably satisfactory to Wingmen.

You hereby agree that, should Wingmen determine to pay you an At Fault Deductible Reimbursement Payment, such payment does not constitute a waiver of any of the terms in this section.

Disclaimers

EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS, THE WINGMEN PLATFORM IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. WINGMEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE WINGMEN PLATFORM, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH ANY PART OF THE WINGMEN PLATFORM.

THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH ANY PART OF THE WINGMEN PLATFORM (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.

YOU AGREE THAT WINGMEN IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO ANY PART OF THE WINGMEN PLATFORM OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH A PART OF THE WINGMEN PLATFORM.

WINGMEN MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE ANY PART OF THE WINGMEN PLATFORM OR ANY PAGE OF ANY WINGMEN WEBSTIE AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.

YOU AGREE TO VISIT THE WINGMEN WEBSTIES AND USE THE WINGMEN PLATFORM SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF ANY PART OF THE WINGMEN PLATFORM, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH ANY PART OF THE WINGMEN PLATFORM IS SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE WINGMEN PLATFORM WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH ANY PART OF THE WINGMEN PLATFORM ARE ACCURATE, RELIABLE, OR CURRENT.

THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH ANY PART OF THE WINGMEN PLATFORM.

Limitation of Liability

EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING ANY PART OF THE WINGMEN PLATFORM SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PART OF THE WINGMEN PLATFORM, THE SERVICE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE ANY PART OF THE WINGMEN PLATFORM, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH ANY PART OF THE WINGMEN PLATFORM. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, WINGMEN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF ANY PART OF THE WINGMEN PLATFORM OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THE WINGMEN PLATFORM OR ANY OTHER WEBSITE LINKED TO ANY WINGMEN WEBSITE RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.

Waiver

Any failure by Wingmen to exercise its rights or obligations as stated in these Terms and Conditions shall not constitute a waiver thereof. You shall not be entitled to a waiver of any of the terms or conditions of these Terms and Conditions unless one is obtained in a writing signed by both parties.

Marketing

Except through a Wingmen Website or with express permission from Wingmen, you hereby agree that you shall not create or participate in any advertisement that identifies both you and any affiliation with any part of the Wingmen Platform or Wingmen. “Advertisement” is defined as any informational message, including any radio advertisement, billboard, flyer, leaflet, or other physical medium; or any website, mobile application, banner ad, or other digital medium that either identifies any part of the Wingmen Platform or Wingmen, and/or uses any of the Content, intellectual property, including copyrighted text, pictures, and images of Wingmen or being used as part of the Wingmen Platform, including marks protected by US trademark laws.

You agree that Wingmen retains sole authority to advertise it Service, and may continue to do so in its sole discretion, notwithstanding the terms, conditions and obligations set forth in these Terms and Conditions. Wingmen also has the sole authority to use your name, image, likeness, personal attributes, and/or driving record to promote its Service and your relation thereto.

Enforceability

You hereby affirm that you are of sound mind and body to enter these Terms and Conditions, are able to understand it, and hereby waive any defense to the enforceability of its terms and conditions, including intoxication.

Agreement to Arbitration

By agreeing to these Terms and Conditions, you agree that you are required to resolve any claim that you may have against Wingmen on an individual basis in arbitration, as set forth in this section Agreement to Arbitrate. This will preclude you from bringing any class, collective, or representative action against Wingmen, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Wingmen by someone else.

You and Wingmen agree that any dispute, claim or controversy arising out of or relating to (a) these Terms and Conditions or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the these Terms and Conditions, will be settled by binding arbitration between you and Wingmen, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration.

YOU AGREE AND ACKNOWLEDGE YOU HAVE READ THIS ARBITRATION AGREEMENT CLAUSE AND BY GIVING YOUR CONSENT, YOU EXPRESSLY AND CONSCIOUSLY WAIVE ALL RIGHTS TO INSTITUTE AN ACTION IN THE COURT BUT WILL RATHER RESORT AT ALL TIMES TO ARBITRATION AS A MEANS OF EFFECTIVE DISPUTE RESOLUTION.

Applicable Law and Location of Arbitration

The place of arbitration shall be the State of New York, County of Nassau or Suffolk. The arbitration shall be governed by the laws of the State of New York. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

You and Wingmen agree that no federal, state, or any other institution shall have any power to decide or sit to determine any dispute arising between the parties except the Arbitrator. You and Wingmen agree, that any arbitrator shall chosen by Wingmen and that You and Wingmen agree to equally share the cost of any arbitrator.

Any provision of this Arbitration Agreement that is held invalid or unenforceable shall not affect the remaining provisions of these Terms and Conditions and such other provisions shall remain valid and enforceable while the other invalid provisions or severed provisions shall be negotiated by the parties and brought within the applicable laws.

Cancellation

These Terms and Conditions is effective upon your creation of a Customer Account. These Terms and Conditions may be terminated: a) by Customer, at time by deleting the Customer Account and ceasing to use the Services; or b) by either Party immediately, without notice, upon the other Party’s material breach of these Terms and Conditions. In addition, Wingmen may terminate these Terms and Conditions, suspend your Customer Account or deactivate your Customer Account for any reason or no reason at all. In addition Wingmen reserves the right to immediately suspend your Customer Account or deactivate your Customer Account if you engage in any conduct that we believe, in our sole discretion: (i) violates any term or provision of these Terms and Conditions, (ii) violates the rights of Wingmen or third parties, or (iii) is otherwise inappropriate for continued access and use of the Services. Unless otherwise expressly agreed in writing, you agree that upon termination, either by you or us, we may delete all Information related to your account and may bar your access to your account and the Services. If you have any questions about the cancellation of the your Customer Account at any time, email support@mywngmn.com or call 1-855-699-6466. The cancellation of you Customer Account for any reason shall not release the Customer from any liability that, at the time of such cancellation, has already accrued or that is attributable to a period prior to such cancellation, including without limitation any Charges or Referral Fees, nor will any cancellation preclude either Party from pursuing all rights and remedies it may have under these Terms and Conditions, or at law or in equity, with respect to breach of these Terms and Conditions.


Amendments

Wingmen shall be permitted to make changes or modify these Terms and Conditions, ant any time and for any reason. If Wingmen changes or modifies these Terms and Conditions, such changes and modifications shall be automatically binding on Customer. Wingmen reserves the right to modify any information referenced in these Terms and Conditions from time to time. The modified terms and conditions shall become effective upon posting. Continued use of the Wingmen Services after any such changes shall constitute your consent to such changes. You may not alter these Terms and Conditions, your obligations, or our obligations unless such an alteration is obtained in a writing signed by both parties.

 

Severability

If any provision of these terms and conditions is found invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions herein.

Assignment

Please note that Wingmen is at liberty to assign the Services without giving you notice but you shall not transfer or assign your rights or obligation whether wholly or partly. Any attempted or purported assignment in violation of this Section shall be null and void ab initio.

Miscellaneous

Except as provided these Terms and Conditions shall be governed by the laws of the State of New York without regard to choice of law principles. This choice of law provision is only intended to specify the use of New York law to interpret these Terms and Conditions and is not intended to create any other substantive right to non- New York residents to assert claims under New York law whether by statute, common law, or otherwise. Any notices to you shall be provided to you through the Wingmen Platform or given to you via the email address or physical address you provide to Wingmen during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include,” “includes” and “including” are deemed to be followed by the words “without limitation.” A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. These Terms and Conditions sets forth the entire understanding and agreement between you and Wingmen with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.