Driver Terms and Conditions
Last updated: August 9, 2021
By registering as a Driver (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 “Driver”, “you”, or “your” as the context requires) are agreeing to the following Terms and Conditions (the “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.
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.
“Pilot”: means a Driver operating their own vehicle pursuant to the Wingmen Platform.
“Co-Pilot”: means a Driver who will operate the customer’s vehicle pursuant to the Wingmen Platform and is partnered with a Pilot.
“Chase Car”: means a Vehicle owned/operated by Pilot which follows the Customer’s vehicle to pick-up Co-Pilot upon completion of trip. A Chase Car may also carry overflow passengers.
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 who 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 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. 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.
As a Driver you agree never to use a Customer’s vehicle for any personal use in all respects. This includes purchasing a meal, seeing friends, returning home during a reservation, etc. You also agree not to make payments to any business on behalf of the Customer, or to deviate in any way from the planned trip as provided by the Wingmen Services, regardless of the Customer’s request to the contrary.
Changes and Modifications to these Terms and Conditions
Wingmen shall be permitted to make changes or modify these Terms and Conditions, at any time and for any reason. If Wingmen changes or modifies these Terms and Conditions, such changes and modifications shall be binding on you upon acceptance of the modified Agreement. 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, you agree that modification of these Terms and Conditions does not create a renewed opportunity to opt out of arbitration (if applicable).
Before receiving any Services from Wingmen, you must become a registered Driver. In order to use our Services, you must register for and maintain an active personal Driver account (“Driver Account”). A registered Driver is one who completes the Driver registration process in one of three ways; by (1) filling out a registration form online through the “Sign Up” or “Driver Registration” section on a Wingmen Website; (2) calling 1-855-699-6466 and asking to be signed up as a registered Driver; or (3) completing the “Driver 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). The same applies for Customers whose accounts have been temporarily disabled or permanently deactivated. When you agree to be a Driver, you represent and warrant that you are at least 18 years old. You also represent and warrant that you have the capacity, right and authority to enter into and abide by these Terms and Conditions, that you will not operate the any vehicles while under the influence of any controlled substance, you will not facilitate underage drinking, or the transportation of unaccompanied minors. You may not allow other persons to use your Driver account, and you agree that you are the sole authorized user of your account.
As a Driver 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.
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 receipt method supported by Wingmen. You agree to maintain accurate, complete, and up-to-date information in your Driver Account. Your failure to maintain accurate, complete, and up-to-date Driver Account information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Driver Account, and you agree to maintain the security and secrecy of your Driver Account username and password at all times. Unless otherwise permitted by Wingmen in writing, you may only possess one Driver Account.
As a Driver, 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 the 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 Wingmen contracts; (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) have violated Wingmen’s 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 the Terms and Conditions, Wingmen is not required to give you any prior notice of termination of your account and referrals.
Communications with Wingmen
Pursuant to these Terms and Conditions or by using the Wingmen Services, Drivers agree to receive various communications from Wingmen, while also abiding by State and Local laws governing the use of handheld devices while driving. This includes the following: e-mail; SMS or text messages; calls; and push notifications. Drivers 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 Driver 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.
- You agree to use the Wingmen Platform only for lawful purposes. (e.g., no transport of unlawful or hazardous materials, unaccompanied minors, intoxicated underage individuals, or any other unlawful form of transportation).
- You agree to not make any disparaging comments about Wingmen, its employees, Customers or other Drivers.
- You agree to act in a professional and responsible manner in performance of all driving services referred by Wingmen.
- 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 to confirm the identity of the Customer using the Wingmen Platform prior to beginning any trip on behalf of the Customer.
- 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 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 disrupt or interfere with any other visitor’s use of the Wingmen Platform.
- 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 agree not to accept any cash as payment for services.
- You agree not to make payments to any business on behalf of the Customer.
- You agree to upload a clear facial picture (above shoulders) to the platform for efficient identification to be made by the Customer.
- You agree the vehicle you use while on the Wingmen Platform will be at minimum a four (4) door sedan and in safe, good working condition with current inspection certification and valid registration.
- It is recommended that all drivers maintain a neat, clean, professional personal appearance.
- 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 the Wingmen Platform.
- You warrant that all information you provide to gain access to the services provided by the Wingmen Platform is accurate and truthful.
- Wingmen reserves the right to prohibit any conduct involving the Wingmen Platform that it deems to be inappropriate or illegal.
- 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.
- 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.
As a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of these Terms and Conditions between the Driver and Wingmen.
Repair, Cleaning or Lost and Found Fees
You shall be responsible for the cost of maintenance and repair for damage to, or necessary cleaning of, your vehicles and property resulting from use of the Services, except for instances above normal wear and tear (“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 the Customer’s payment method designated in the Customer’s 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.
If a Customer wishes to cancel Customer’s request for a referral, Customer is requested to do so within two hours of the requested start time. Failure to do so may result in a cancellation charge to Customer. 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. If the Wingmen grants the cancellation request of the Customer, Driver, shall not be entitled to compensation for the granted Customer cancellation request. If the Wingmen grants the revision request of the Customer, Driver, shall be required to meet the terms of the revised Customer request. If the Driver cannot meet the terms of the revised Customer request, Driver must notify Wingmen within two hours of the notification of the revised Customer request, but in no event no later than 1 hour before the original requested start time, otherwise the Driver shall be subject to a failure to report fee of an amount up to the total Referral Fee for the applicable referral.
If a Driver wishes to cancel a receipt of a Customer’s request for a referral, Driver must do so within two hours of the requested start time. Failure to give proper notice shall result in the Driver being subject to a failure to report fee of an amount up to the total Referral Fee for the applicable referral.
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 the Customer attempts to switch or change Customer’s 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. Wingmen has the option to modify the Referral Fee and charges quoted to Customer based upon actual use or as Wingmen deems necessary.
You are not permitted to provide driving services to Customers 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 the Driver is used. This amount will be due immediately on breach of these Terms and Conditions.
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.
By creating an online account and/or accepting referrals with Wingmen, you hereby agree to keep confidential all Customer referral information, including but not limited to names, addresses, contact information, vehicle information, insurance information and any other information garnered as a result of your relationship with Wingmen.
You shall not use or disclose, in any manner or to any person, any fact or occurrence that resulted from a referral related to your relationship with Wingmen. You are prohibited from publishing to any person any information regarding referrals that may be of a personal or confidential nature, including but not limited to personal observations which, if disclosed, would be embarrassing or humiliating, or cause any individual to be held in lower esteem in their community or the community in which the information is published. This term does not apply where disclosure is required (i) by law; (ii) to otherwise comply with legal process; (iii) to comply with the terms and conditions set forth in these Terms and Conditions; or (iv) to protect any individual from immediate risk of serious physical or financial harm.
The foregoing restriction shall continue in effect indefinitely, and shall survive the expiration or termination of your status as a registered Driver for Wingmen.
If you violate this provision, Wingmen may, in its sole discretion and without notice (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) damages in the amount that may be obtained were the Customer to pursue any related claim against you in a court of law; (b) moneys that are paid in settlement or award of a claim against Wingmen; (c) costs; (d) expenses; and (e) 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.
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.
You hereby acknowledge and agree that you are an independent contractor receiving referral service from Wingmen. You hereby acknowledge that you are 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 parties. You are not authorized to enter into or commit Wingmen to any agreements, and you shall not represent yourself as the agent or legal representative of Wingmen.
Further, as an independent contractor, you shall not be entitled to participate in any of the Company’s benefits, including without limitation any health or retirement plans. You shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in these Terms and Conditions.
Wingmen shall not be liable for taxes, Worker’s Compensation, unemployment insurance, employer’s liability, employer’s FICA, social security, withholding tax, or other taxes or withholding for or on behalf of you or any other person consulted or employed by you in performing services under these Terms and Conditions. All such costs shall be your responsibility.
Wingmen may change, suspend or discontinue any feature, aspect, or service available through the Wingmen Platform at any time. Wingmen may alter the availability of any feature 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 the Wingmen Platform, including that of third parties, at any time.
Wingmen requires that that both the Driver and the Customer maintain 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. As a condition of receiving referrals from Wingmen, you are required to maintain current coverage by and carry proof of your respective state’s motor vehicle insurance in the minimum amount of $300,000 liability. You shall provide a copy of the policy to Wingmen prior to receiving referrals. If the Customer’s Insurance or the Driver’s Insurance does not cover the extent of the liability or is cancelled or suspended at the time Services are rendered, the Customer and Driver each agrees, to indemnify and hold harmless Wingmen for any liability in excess of the Customer’s Insurance or the Driver’s Insurance. Furthermore, you agree to confirm, by visual inspection, that the Customers for whom you provide driving services also have current automobile insurance (liability insurance and property damage insurance) coverage that covers services provided through Wingmen referral and contemplated in these Terms and Conditions. You hereby acknowledge and affirm that you or the referred Customer may be personally liable for damages that either the Customer’s or your insurance does not cover. In addition, Wingmen is not responsible for any items lost or stolen, or any damage that may occur to the Driver’s or Customer’s vehicle while it is parked whether attended or unattended by the Driver. Accordingly, you are at risk for any loss or physical damage that occurs during your use of the service.
You also agree to inspect the Customer’s vehicle for any scratches, dents, or any other preexisting damages prior to beginning the trip. You agree to make a written record of these damages and bring them to the Customer’s attention prior to the beginning of the trip.
You also agree that you will notify Wingmen immediately if you or the referred individual does not have insurance for any reason, including failure to purchase, cancellation, or lapse.
For purposes of providing its referral services, and in the interest of protecting itself from general liability, Wingmen carries general corporate insurance that may, in limited instances, cover damage and loss in the event of certain automobile accidents.
Wingmen shall not be held responsible in any occasion with respect to a Customer 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 Driver.
Duty to Abide by Laws and Safety Guidelines
You are required to drive safely and obey all applicable laws, including but not limited to any posted traffic and safety laws, at all times while performing the driving services contemplated in these Terms and Conditions.
For example, the following occurrences are prohibited during the existence of these Terms and Conditions between you and Wingmen, and may lead to termination of your account:
- Arrest or conviction of any major traffic offense;
- Any conviction for DUI (driving under the influence) or DWI (driving while intoxicated) or OVI (operating a vehicle while intoxicated) or such similar offense in any U.S. state that prohibits operation of a motor vehicle while under the influence of any chemical agent that causes intoxication or substantial impairment of the senses required to operate a motor vehicle;
- Suspension or loss of your driver’s license or your unrestricted driving privileges;
- Conviction of any felony, or any other crime involving moral turpitude;
- Suspension or loss of your automobile insurance;
- A belief, formed by Wingmen and manifested in its sole discretion and in reliance on any available information, that you have provided driving services through these Terms and Conditions while using, having used, or under the influence of any chemical agent or substance that causes intoxication or substantial impairment of the senses required to operate a motor vehicle;
- Involvement in any automobile accident where you are found to be at fault;
- Any false statements made on your driver registration form;
- The use of a mobile device while driving, including, but not limited to, texting while driving or using an app or the internet while driving;
- The transportation of unaccompanied minors;
- The transportation of underage intoxicated individuals; or
- The Transportation of Customers who appear to require medical services of any kind.
You agree to hereby release and indemnify Wingmen and its officers, directors, employees, agents and other representatives from and against any liability for any injury, loss or damage resulting from a referral from Wingmen. You agree to hereby indemnify, 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 damage to property, bodily injury, or death to the extent caused by:
- Any breach of these Terms and Conditions by you, the Customer, or Wingmen;
- Misrepresentation or falsity of any affirmation, warranty, or claim by you, the Driver, or Wingmen within these Terms and Conditions or while receiving Service;
- Any negligent or willful acts by you, the Customer, or Wingmen;
- Non-compliance or breach of any applicable law, rule or regulation by you, the Customer, or Wingmen; and/or
- Infringement of any right of any third party by you, the Customer, or Wingmen.
You hereby acknowledge that, if due to your negligence, the referred Customer’s vehicle gets towed, ticketed, or the vehicle’s battery dies; you, and not Wingmen, will be solely responsible for the payment of any corresponding costs that are the actual and proximate result of that negligence.
All traffic and/or parking offenses, infractions or violations by any Driver or which occur during Customer referral booking, and all penalties, fines, costs, expenses, charges and/or fees relating thereto, are the responsibility of Driver. Driver will immediately notify Wingmen of such an offense, infraction or violation, and immediately provide Wingmen with copies of any documentation, notices, correspondence or evidence of payment received or provided by Driver in connection with the offense, infraction or violation. In the event that Customer receives notice of any such offense, infraction or violation, Customer will send a copy of such notice to Wingmen. Wingmen will provide to Customer as soon as is practicable the Driver’s information, and the Customer may provide the necessary Driver information to the relevant issuing authority for such notices to be directed to Driver or for such offense, infraction or violation to be handled by Driver. Subject to applicable law, if Driver fails to provide Wingmen and the Customer with reasonable evidence that the Driver is handling and resolving such offense, infraction or violation in a timely manner, and Customer may be subject to liability due to such offense, infraction or violation, then Customer may handle and resolve such offense, infraction and violation, and Driver shall be subject to such resolution of the matter and any penalties, fines, costs, expenses, charges and/or fees resulting from such resolution. Driver is encouraged to resolve and pay directly to the court, county government or other appropriate government agency all applicable fines, costs, monetary assessments, penalties, fees, surcharges, or other charges. Driver shall pay for or reimburse Customer for any penalties, fines, costs, expenses, charges, administrative fees and/or other fees relating to such offenses, infractions or violations, which are incurred, charged to or paid by Owner, including, any administrative fees, costs or expenses imposed on Customer.
Duty to Notify & Cooperate / Procedure in Case of Accident or Injury
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 firstname.lastname@example.org
Once you notify Wingmen of any accident or injury to persons or property, Wingmen will provide you with the information necessary to contact the referral Customer and his/her insurance carrier. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with your insurance carrier or a referred Customer and his/her insurance carrier.
You also agree to fully and timely cooperate in any investigation by Wingmen of any incident reported by you, a referral Customer, 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 these Terms and Conditions.
Wingmen carries general corporate, automobile liability, and automobile collision insurance that may, in limited instances, and on a case by case basis, cover damage and loss in the event of certain automobile accidents. For Wingmen to consider a claim under Wingmen’s corporate policies you must submit an official police report of the accident. Wingmen on a case by case basis, in its sole discretion and at any point with or without cause, can make the decision to not pursue any claim brought by a Customer or Driver.
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 IN ITS SOLE AND ABSOLUTE 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, CIVIL OR CRIMINAL PENALTIES, 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 THE JURISDICTION WHERE ANY SUCH INCIDENT, ACCIDENT, TRANSACTION, OR EVENT ARISES. 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.
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.
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.
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 be 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.
These Terms and Conditions are effective upon your creation of a Driver Account. These Terms and Conditions may be terminated: a) by Driver, at time by deleting the Driver 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 Driver Account or deactivate your Driver Account for any reason or no reason at all. In addition Wingmen reserves the right to immediately suspend your Driver Account or deactivate your Driver 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 your Driver Account at any time, email email@example.com or call 1-855-699-6466. The cancellation of you Driver Account for any reason shall not release the Driver 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 criminal or civil liability, 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.
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 binding on Driver upon acceptance of the modified Agreement. 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.
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.
Please note that Wingmen is at liberty to assign its rights with respect to 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.
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, or for the purpose of increasing any damages or liability that would otherwise apply in the jurisdiction where a particular event, transaction, or accident occurred. 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.