Read our latest terms of service documentation below.
The following sets forth the general terms and conditions (the “Terms”) between Operr Technologies, Inc. (“Operr Technologies, Inc.”) and users of its Website (e.g., www.operr.com) (the “Site”) and of the services, content, and applications offered by Operr Technologies, Inc. (collectively with the Site, the “Services”). By using the Operr.com Website and the Operr Technologies, Inc. application (the “Operr Technologies, Inc. app”) and/or the Services, you agree to be bound by these Terms. These Terms supersede any and all prior communications, agreements and understandings of the parties in respect of the use of the Services.
1.1. OPERR TECHNOLOGIES, INC. DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A CAR SERVICE COMPANY OR TRANSPORTATION CARRIER. OPERR TECHNOLOGIES, INC. ONLY OFFERS INFORMATION AND A METHOD TO OBTAIN CARS FOR TRANSPORTATION. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO PROVIDE TRANSPORTATION SERVICES, WHICH MAY BE ORDERED AND SCHEDULED THROUGH THE OPERR TECHNOLOGIES, INC. APP. OPERR TECHNOLOGIES, INC. HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY DRIVERS AND/OR FOR- HIRE SERVICES.
1.2. FOR-HIRE DRIVERS THAT USE THE SERVICE AND THE OPERR TECHNOLOGIES, INC. APP TO OBTAIN FARES ARE NOT EMPLOYEES, AGENTS OR AFFILIATES OF OPERR TECHNOLOGIES, INC.. OPERR TECHNOLOGIES, INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF FOR-HIRE DRIVERS WHO USE THE OPERR TECHNOLOGIES, INC. APP. THE QUALITY OF THE TRANSPORTATION SERVICES ORDERED THROUGH THE USE OF THE SERVICES AND THE OPERR TECHNOLOGIES, INC. APP IS ENTIRELY THE RESPONSIBILITY OF THE FOR-HIRE DRIVER OR FOR-HIRE COMPANY PROVIDING SUCH TRANSPORTATION SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE, THEREFORE, THAT BY USING THE OPERR TECHNOLOGIES, INC. APP YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS OR OTHERS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
2.1. Operr Technologies, Inc. provides the Operr Technologies, Inc. (“Operr Technologies, Inc.”) application for internet-enabled portable devices, which users can use to order for-hire services in various locations, subject to availability at the location of the user. All use of the Services is subject to these Terms.
2.2. The Services are offered without additional cost to you, except where local law or regulation provides that cars ordered via radio dispatch service or via the internet must levy a surcharge. The term “without cost to you” does not in any way affect your obligation to pay the fare for any car transportation services ordered via the Services but refers only to your use of the Services in order to obtain such transportation services.
3.2. You are solely responsible and liable for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Operr Technologies, Inc. password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Operr Technologies, Inc. in writing of any unauthorized use of your account, or other account related security breach of which you become aware or should become aware.
6.1. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under www.operr.com’s control, and you acknowledge that Operr Technologies, Inc. is not responsible or liable, directly or indirectly, for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Operr Technologies, Inc. or any association with its operators. You further acknowledge and agree that Operr Technologies, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
7.1. Information, data, and features on the Site and Operr Technologies, Inc. app (“Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
9.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPERR TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. OPERR TECHNOLOGIES, INC. MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
9.2. OPERR TECHNOLOGIES, INC., AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD TO LINK IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.1. You shall defend, indemnify, and hold harmless Operr Technologies, Inc., its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including attorneys’ fees and other legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Operr Technologies, Inc.). Operr Technologies, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Operr Technologies, Inc. in asserting any and all available defenses.
11.1. TO THE FULLEST EXTENT PERMITTED UNDER LAW, OPERR TECHNOLOGIES, INC. WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO THE SERVICES, EVEN IF OPERR TECHNOLOGIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OPERR TECHNOLOGIES, INC.’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.2.1. Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Service;
12.2.2. Bypass any measures Operr Technologies, Inc. may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Service);
12.2.3. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site Content, except as expressly authorized by Operr Technologies, Inc.;
12.2.4. Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
12.2.5. Take any action that imposes or may impose (as determined by Operr Technologies, Inc. in its sole discretion) an unreasonable or disproportionately large load on Operr Technologies, Inc.’s (or its third party providers’) infrastructure;
12.2.6. Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
12.2.7. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
12.2.8. Otherwise take any action in violation of Operr Technologies, Inc.’s guidelines and policies.
12.3. Operr Technologies, Inc. reserves the right to access, read, preserve, and disclose any information as Operr Technologies, Inc. reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Operr Technologies, Inc., its users and/or the public.
13.1. As part of the Service, you may rate the driver and the condition of the car you ordered through the Service. You agree that all such ratings will be objective and fair.
13.2. You acknowledge and agree that your ratings may be published on the Operr Technologies, Inc. app (“Operr Technologies, Inc. app”) and that such ratings may be accessible to other users of the Services. To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your ratings.
14.1. The sole responsibility for the content published and transmitted in the Operr Technologies, Inc. App or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity.
14.2. If any publications breach the above mentioned regulations, Operr Technologies, Inc. shall be authorized to delete same immediately.
15.1. You and Operr Technologies, Inc. agree that any cause of action arising out of or related to any Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and no action may be maintained.
16.1. The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application shall be governed solely by these Terms.
17.1. These Terms are the entire agreement between you and Operr Technologies, Inc. with respect to the Services and use of the Site, Service, Content, User Submissions, or Addto Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Operr Technologies, Inc. with respect to the Site. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that Operr Technologies, Inc. will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, Operr Technologies, Inc. must provide you with written notice of such waiver through one of its authorized representatives.
18.1. Operr Technologies, Inc.’s product names, service names, slogans or logos referenced on Operr Technologies, Inc.’s website (www.operr.com) and/or in the Operr Technologies, Inc. app (Operr Technologies, Inc. app) are trademarks or registered trademarks of Operr Technologies, Inc. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.
18.2. All of the information, content, and materials offered by Operr Technologies, Inc. are protected by copyright and other applicable laws of the United States and other countries. Drivers may not copy, publicly display, modify or distribute such material without Operr Technologies, Inc.’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon.
18.3. All right, title and interest in and to the Operr Technologies, Inc. App and the Services is and will remain the exclusive property of Operr Technologies, Inc. and its licensors. The Application is protected by copyright, trademark and other laws of the United States and other countries.
19.1. Operr Technologies, Inc. and you are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.
20.1. Severability. If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
20.2. Amendments. Operr Technologies, Inc. reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Services after Operr Technologies, Inc. makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.operr.com or in the Application itself on the Terminal Device.
20.3. Entirety. This agreement shall constitute the complete and exclusive agreement between Operr Technologies, Inc. and the Driver. The use of the Operr Technologies, Inc. App is expressly made conditional on your consent to these Terms.
20.4. No Waiver. The failure of Operr Technologies, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
20.5. Force Majeure. Neither party shall be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
21.1. You may contact Operr Technologies, Inc. at the following address: 130-30 31st Avenue, Ste. 801, Flushing, New York 11354
Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.