Terms of Service
THE FOLLOWING IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND R. LUCAS DRIVERS LLC.
This User Agreement
By using or registering with R. Lucas Driver, LLC or its website, services and platforms (collectively “Lucas” or the “Services”), you are entering into a legally binding agreement with Lucas based on the terms of this User Agreement (the “Agreement”). If you are using Lucas on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with Lucas. You further acknowledge that you have or will read and abide by any and all warnings and disclaimers listed or made on the Lucas website including, without limitation, the warnings and disclaimers made on this page..
You are entering into this Agreement for the purpose of retaining Lucas to commission a driver to operate your automobile and to drive you in said vehicle.
Applicable Laws and Regulations
You must comply with all applicable international, federal, state and local laws, rules and regulations as well as the terms and conditions of the Agreement.
By entering into this Agreement you make the following representations and warranties: (1) you are eighteen (18) years of age or older; (2) you are not currently restricted from the Services, or not otherwise prohibited from having a Lucas account; (3) you are not a competitor of Lucas and not using the Services for reasons that are in competition with Lucas; (4) you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; (5) you will not violate any rights of Lucas; (6) you agree that you possess and will provide at your own expense automobile insurance (including, at a minimum, collision, liability, medical, uninsured and underinsured motorist coverage) on the vehicle to be driven by Lucas and that such insurance will be primary and non-contributory. By agreeing to the User Agreement you are confirming that you have verified with your insurance carrier that your personal automobile policy does not contain any exclusions that would affect the coverage or relationship contemplated between you and R. Lucas; and (7) that you authorize a driver commissioned by Lucas to operate said vehicle and that such operation by a Lucas-commissioned driver will be covered and insured by your insurance carrier and policy.
Indemnification and Hold Harmless
You agree to defend, save, indemnify and hold harmless Lucas (as well as its officers, directors, members, employees and the Lucas-commissioned driver, hereinafter collectively referred to as “Lucas”) for, from and against all damages, suits, claims, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, (2) defects, or failures of your vehicle, and (3) your negligence or that of any person either under your control or travelling with you in your vehicle (other than the Lucas-commissioned driver).
Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third-parties, whether or not the third-party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Lucas, our Users or the public.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON LUCAS, ANY INFORMATION HEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR LUCAS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUCAS DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LUCAS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS. IF YOU ARE DISSATISFIED OR HARMED BY LUCAS OR ANYTHING RELATED TO LUCAS, YOU MAY CLOSE YOUR LUCAS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH TERMS OF THE TERMINATION SECTION OF THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THERE ARE MANY FACTORS BEYOND THE CONTROL OF LUCAS INCLUDING, BUT NOT LIMITED TO, ACTS OF WAR, GOD, TERRORISM, AND TRAFFIC. AS SUCH, LUCAS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR FAILURE TO ARRIVE AT YOUR LOCATION AND/OR TO YOUR DESTINATION IN A TIMELY FASHION AND ANY AND ALL CLAIMS, DAMAGES, COSTS AND LIABILITY RESULTING FROM A LACK OF SUCH TIMELINESS.
Mutual Rights of Termination
You may terminate this Agreement, for any or no reason, at any time, provided that written notice is given to Lucas. Cancellation of a previously scheduled trip less than 24 hours prior to pick up time is subject to a 50% Late Cancellation Fee. You agree to pay for the full term of the requested Service, even if the Service ends early. You are authorized to utilize the Service provided by Lucas for as many as two (2) hours beyond the estimated end time of the job at the same hourly rate. Any “overtime” beyond this two (2) hour period will be charged at a rate double the regular rate, and may only be initiated with the consent of the driver.
Lucas may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination may also bar you from any future use of Lucas.
The client is entitled to a full refund if the cancellation occurs more than 24 hours prior to the scheduled pick-up time. If the cancellation takes place within 24 hours of the scheduled pick-up time, a fee equal to 50% of the scheduled trip will be assessed.
Misuse of the Services
Lucas may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes use of vulgarity; harassing or inappropriate behavior towards other Users, Lucas employees or the Lucas-commissioned driver; submitting false or misleading information; using the Services commercially without Lucas’s authorization; or any other behavior that Lucas, in its sole discretion, deems contrary to its purpose and/or operational preferences.
Effect of Termination
Upon the termination of your Lucas account, you lose access to the Services. The terms of this Agreement shall survive any termination.
Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the State of New York regardless of your country of origin or where you access Lucas, and notwithstanding of any conflicts of law principles. You and Lucas agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in New York State, County of New York except as otherwise agreed by the parties. You and Lucas agree to submit to the personal jurisdiction of the courts located within New York State for the purpose of adjudicating all such claims.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.rlucasdrivers.com or notifying you otherwise.
No Informal Waivers, Agreements or Representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by Lucas shall be deemed legally binding on Lucas, unless documented in a physical writing hand-signed by Lucas.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be null and void. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Lucas for any third-party that assumes our rights and obligations under this Agreement.