- We are committed to ensuring that your information is secure.
- In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Third Party Website Links
- Our website may contain links to other websites. However, once you have used these links to leave our site, you should note that we do not have any control over those websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide to those websites.
- We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
- If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at Ellorideshare@gmail.com email address. We will promptly correct any information found to be incorrect.
Last Updated: February 6, 2019
Information We Collect
*Information You Provide to Us
Registration Information. When you sign up for a Ello Rideshare / Ello Grandparents account, you give us your name, email address, and phone number. If you decide to sign up for Ello LLC using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.
User Profile Information. When you join the Ello Rideshare / Ello Grandparents community, you can create a Ello LLC Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.
Payment Method. When you add a credit card or payment method to your Ello Rideshare / Ello Grandparents account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
Driver Application Information. If you decide to join our Ello Rideshare / Ello Grandparents driver community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the Ello LLC community.
Payment Information. To make sure Drivers get paid, we keep information about Drivers’ bank routing numbers, tax information, and any other payment information provided by Drivers.
B. Information We Collect When You Use the Ello Platform
Location Information. Ello Rideshare / Ello Grandparents is all about connecting Drivers and Riders. To do this, we need to know where you are. When you open Ello LLC on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.
Your location information is necessary for things like matching Riders with nearby Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of Ello Rideshare / Ello Grandparents Users or a member of the public. In addition to the reasons described above, Drivers’ location information and distance travelled is necessary for calculating charges and insurance for Ello Rideshare / Ello Grandparents rides. If you give us permission through your device settings or Ello LLC app, we may collect your location while the app is off to identify promotions or service updates in your area.
Device Information. Ello Rideshare / Ello Grandparents receives information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.
Usage Information. To help us understand how you use the Ello Rideshare / Ello Grandparents Platform and to help us improve it, we automatically receive information about your interactions with the Ello Platform, like the pages or other content you view, your actions within the Ello app, and the dates and times of your visits.
Call and Text Information. We work with a third party partner to facilitate phone calls and text messages between Riders and Drivers who have been connected for a ride. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the Ello Rideshare / Ello Grandparents Platform, such as those between Riders and Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow Ello LLC to monitor and/or record your call.
User Feedback. At Ello Rideshare / Ello Grandparents, we want to make sure Users are always enjoying great rides. Riders and Drivers may rate and review each other at the end of every ride. We receive information about ratings and reviews and, as we explain below, give Riders information about Drivers’ ratings and reviews and vice versa.
Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the Ello LLC Platform and interact with Ello Rideshare / Ello Grandparents advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Ello LLC Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Ello LLC Platform.
C. Information We Collect from Third Parties
Third Party Services. If you choose to register for Ello Rideshare / Ello Grandparents or otherwise link your Ello LLC account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.
Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.
Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as Ello Rideshare / Ello Grandparents for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a ride on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your ride.
Background Information on Drivers. Ello Rideshare / Ello Grandparents works with third party partners to perform driving record and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.
How We Use the Information We Collect
We use the information we collect from all Users to:
- Connect Riders with Drivers;
- Provide, improve, expand, and promote the Ello Rideshare / Ello Grandparents Platform;
- Analyze how the Ello LLC community uses the Ello Rideshare / Ello Grandparents Platform;
- Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
- Personalize the Ello Rideshare / Ello Grandparents experience for you and your friends and contacts;
- Send you text messages and push notifications;
- Facilitate transactions and payments;
- Provide you with customer support;
- Find and prevent fraud; and
- Respond to trust and safety issues that may arise, including auto incidents, disputes between Riders and Drivers, and requests from government authorities.
Additionally, we use the information we collect from Drivers for the following purposes related to driving on the Ello LLC Platform:
- Sending emails and text messages to Drivers who have started the driver application process regarding the status of their application;
- Determining a Driver’s eligibility to drive for Ello Rideshare / Ello Grandparents
- Notifying Drivers about ride demand, pricing and service updates; and
- Calculating and providing Ello’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.
How We Share the Information We Collect
A. Sharing Between Users
Sharing between Riders and Drivers. Riders and Drivers that have been matched for a ride are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Riders and Drivers who connect their Ello LLC accounts to Facebook will also be able to see their mutual Facebook friends during the ride. Drivers see the pick-up location that the Rider has provided. Riders see a Driver’s vehicle information and real-time location as the Driver approaches the pick-up location. Riders’ ratings of Drivers are shared with Drivers on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Rider that provided the rating or feedback.
Although we help Riders and Drivers communicate with one another to arrange a pickup, we do share your actual driver phone number or other contact information with other Users. If you report a lost or found item to us, we will seek to connect you with the relevant Rider or Driver, including sharing actual contact information with your permission.
Sharing between Ello LLC Line Riders. If you use Ello Rideshare / Ello Grandparents Line, Riders who have been matched with you will be able to see your name, photo and any information you have added to your Profile. If you connect your Ello LLC account to Facebook (such as by signing up through Facebook), we may show your mutual friends with other Riders who are also connected via Facebook. During the Ello Rideshare / Ello Grandparents Line matching process we may show photos of possible matches to you and other Riders.
B. Sharing Between Ello and Third Parties
API and Integration Partners. If you connect to the Ello Rideshare / Ello Grandparents Platform through an integration with a third party service, we may share information about your use of the Ello LLC Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.
Third Party Services. The Ello Rideshare / Ello Grandparents Platform may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the Ello LLC app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the Ello LLC Platform, including all of the things described in Section 3 above.
Enterprise Partners. If you participate in an enterprise program and charge a ride to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the Ello Rideshare / Ello Grandparents Platform, including ride details such as date, time, charge, and pick up and drop off locations. If you create a Business Profile, at the end of each ride you will have the option to designate the ride as a business ride. If you do so, and your organization has a corporate account with Ello LLC, we may share information about your use of Ello LLC Platform with your organization including ride details such as date, time, charge, and region of the trip. If you change organizations, it is your responsibility to update your Business Profile with the new information. (Please remember to check and set your designation settings accordingly.) If you integrate your account with an expense platform (like Concur) we will share the ride details to your expense account.
International Partners. We’ve partnered with several ride-sharing services around the globe so Riders can continue to find rides when they open the Ello LLC app abroad, and Drivers can provide services to international travelers in the U.S. When we match a ride with the partner, we share the same information that is shared between matched Riders and Drivers on the Ello Rideshare / Ello Grandparents Platform. In some cases we are unable to mask your phone number if you call an international driver, so please keep that in mind before using this feature.
Other Sharing. We may share your information with third parties in the following cases:
- While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
- If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
- With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the Ello Rideshare / Ello Grandparents community, Ello LLC, or the public (you can read more about this in our Law Enforcement Request policy);
- To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.
- If you signed up for a promotion with another User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;
- With our insurance partners to help determine and provide relevant coverage in the event of an incident;
- To provide information about the use of the Ello Rideshare / Ello Grandparents Platform to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
- Whenever you consent to the sharing.
Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the Ello Rideshare / Ello Grandparents Platform.
Text Messages. Coming soon in the near future!
Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Ello LLC Platform (such as receiving a notification that your ride has arrived).
Profile Information. While your name will always be shared with Drivers and fellow Ello Rideshare / Ello Grandparents Line Riders, you can delete any additional information that you added to your Profile at any time if you don’t want Drivers and Ello LLC Line Riders to see it. Riders will always be able to see Drivers’ names, rating, profile photos, and vehicle information.
Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Rider and Driver location is core to the Ello LLC Platform and without it we can’t provide our services to you.
Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.
Data Security. We are committed to protecting the data of the Ello Rideshare / Ello Grandparents community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.
Children’s Privacy. Ello Rideshare / Ello Grandparents is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at our Help Center.
Invitations through the Ello Platform.
d. Other Invitations.
You may also invite eligible individuals to become new Users by distributing your Ello Code directly and instructing them to manually input your Ello Code into the Ello LLC App. A Rider will not be able to apply your Ello Code if (i) they’ve already applied another User’s Ello Code or a different promotion code, (ii) they’ve already received Ello LLC credit from Ello Rideshare / Ello Grandparents or another source on their User account prior to entry of your Ello Code, or (iii) they take a Ello LLC ride prior to entering your Ello Code in their Account. A Driver will not be able to apply your Ello Code if they start their application without entering your Code. If a User does not enter your Ello Code you will not receive attribution for the referral and they will not be considered your Referred Rider or Referred Driver. Ello LLC reserves the right to supply new Users with Ello LLC credit or sign-on bonuses at its discretion.
With respect to your use of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or the servers or networks connected to the Ello LLC dba Ello Rideshare / Ello Grandparents Platforms;
- post Information or interact on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Ello LLC dba Ello Rideshare / Ello Grandparents Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Ello LLC dba Ello Rideshare / Ello Grandparents Platform;
- “frame” or “mirror” any part of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or any software used on or for the Ello LLC dba Ello Rideshare / Ello Grandparents Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or access to any portion of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or its contents;
- link directly or indirectly to any other web sites;
- transfer or sell your User account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.
Ello Driver Representations, Warranties and Agreements
By providing Services as a Driver on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform, you represent, warrant, and agree that:
- You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Ello LLC dba Ello Rideshare / Ello Grandparents community or third parties.
- You will only provide Services using the vehicle that has been reported to, and approved by Ello LLC dba Ello Rideshare / Ello Grandparents, and for which a photograph has been provided to Ello LLC dba Ello Rideshare / Ello Grandparents, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You will not, while providing the Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Ello LLC dba Ello Rideshare / Ello Grandparents or Riders on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
- You will make reasonable accommodation for Riders and/or for service animals, as required by law and our Service Animal Policy. In addition for recognition it is mandatory that you wear your driver shirt at all times while the driver app is running. Also, Driver window sticker must be displayed at all times while the driver app is running.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
- *Service animal and companion animal mandatory policy. (Listed Below continues into l)
Service animal policy
Heads up: If when requested drivers have an owner and or service animal pick up, The driver is to not question nor decline the requested ride. As we are a pet friendly pick up service at all given times all non service animals will be accepted and approved for pick up accompanied by pet owner. Notice to all pet owners using the Ello Rideshare/Ello Grandparents services if their is an unfortunate event; Service Animal/non service animal discomfort due to motion Sickness, Illness, Aggressive behavior, etc. The driver must be notified prior to entering the vehicle. Thus, Giving the driver the ultimate decision to accept or to decline the requested pick up. Therefore the pet owner agrees to any or all risks including damages to the requested ride vehicle "The Driver(s) Vehicle", Pet owner therefore agrees & abides by any fees incurred due to pets damage. These fees will be from $350.00 to as much as $1,500.00 this is solely up to the discretion of Ello LLC services provided on the behalf of the driver and their vehicle.
When it comes to transporting riders with service animals, drivers on the Ello Rideshare / Ello Grandparents platform should remember one thing: Always Say Yes. That's because drivers must comply with applicable laws and Ello LLC Animal Policy. The law and Ello Rideshare / Ello Grandparents Service Animal Policy state that drivers may not deny service or otherwise discriminate against passengers with service animals. This means that drivers must transport a rider with a service animal regardless of whether a driver is allergic or afraid of these animals, or has a religious or cultural objection to them.
A service animal is an animal, usually a dog, that is trained to perform tasks for an individual with a disability, like blindness or deafness. Service animals are not required to wear a tag or vest or be registered. Riders with service animals do not need to display any kind of proof that their animal is a service animal. In other words, if a rider with a dog says it is a service animal, the driver should transport the rider.
A driver may not ask any questions to verify whether your pet is or is not a service animal.
If a driver has a question or concern about the policy, or would like to report a rider who they suspect is abusing the policy, they should call the Service Animal Hotline after they transport the rider and their service animal to their desired destination.
Ello Rideshare / Ello Grandparents strives to ensure that people who need rides most are able to get them.
If a driver refuses a rider with a service animal, the driver could face immediate and permanent deactivation if an investigation into the alleged denial verifies a wrongful denial.
It is Ello Rideshare / Ello Grandparents policy that drivers are permitted to ride with their service animals. However, this may limit the number of passengers you can carry, and some passengers may be uncomfortable or allergic around your service animal and will ask you to cancel their request. It is advised that you call the passenger in advance to notify them of the service animal. If they are unable to ride with your service animal, you must cancel the ride so they can request another driver. Pro- tip: If the request came from nearby, sign out of driver mode for a minute so that you don't receive the passenger's next request.
To report a Service Animal Policy violation, call (505) 835-5609
To report a problem, call the Service Animal Hotline at (505)835-5609.
Passengers and drivers who prefer to report a problem in writing may select 'Contact Support' below.
All intellectual property rights in the Ello LLC dba Ello Rideshare / Ello Grandparents Platform shall be owned by Ello LLC dba Ello Rideshare / Ello Grandparents absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Ello LLC dba Ello Rideshare / Ello Grandparents Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Ello LLC dba Ello Rideshare / Ello Grandparents. Ello LLC dba Ello Rideshare / Ello Grandparents shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Ello LLC dba Ello Rideshare / Ello Grandparents and other Ello LLC logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Ello LLC dba Ello Rideshare / Ello Grandparents in the United States and/or other countries (collectively, the “Ello Marks”). If you provide Services as a Driver, Ello LLC grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Ello Marks solely in connection with providing the Services through the Ello LLC dba Ello Rideshare / Ello Grandparents Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Ello's prior written permission, which it may withhold in its sole discretion. The Ello Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Ello LLC dba Ello Rideshare / Ello Grandparents is the owner and licensor of the Ello Marks, including all goodwill associated therewith, and that your use of the Ello Marks will confer no additional interest in or ownership of the Ello Marks in you but rather inures to the benefit of Ello LLC dba Ello Rideshare / Ello Grandparents. You agree to use the Ello Marks strictly in accordance with Ello LLC dba Ello Rideshare / Ello Grandparents Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Ello LLC dba Ello Rideshare / Ello Grandparents determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Ello Marks or any derivatives of the Ello Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Ello LLC dba Ello Rideshare / Ello Grandparents in writing; (2) use the Ello Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Ello Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Ello LLC dba Ello Rideshare / Ello Grandparents rights as owner of the Ello Marks or the legality and/or enforceability of the Ello Marks, including, challenging or opposing Ello LLC dba Ello Rideshare / Ello Grandparents ownership in the Ello Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Ello Marks, any derivative of the Ello Marks, any combination of the Ello Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Ello Marks; (5) use the Ello Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Ello LLC dba Ello Rideshare / Ello Grandparents sole discretion. If you create any materials bearing the Ello Marks (in violation of this Agreement or otherwise), you agree that upon their creation Ello LLC dba Ello Rideshare / Ello Grandparents exclusively owns all right, title and interest in and to such materials, including any modifications to the Ello Marks or derivative works based on the Ello Marks. You further agree to assign any interest or right you may have in such materials to Ello LLC dba Ello Rideshare / Ello Grandparents, and to provide information and execute any documents as reasonably requested by Ello LLC dba Ello Rideshare / Ello Grandparents to enable Ello to formalize such assignment.
Ello LLC dba Ello Rideshare / Ello Grandparents respects the intellectual property of others, and expects Users/Drivers to do the same. If you believe, in good faith, that any materials on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or Services infringe upon your copyrights, please contact us at Ellohumanresources@gmail.com
for information on how to make a copyright complaint.
The following disclaimers are made on behalf of Ello LLC dba Ello Rideshare / Ello Grandparents, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Ello LLC dba Ello Rideshare / Ello Grandparents does not provide transportation services, and Ello LLC is not a transportation carrier. Ello LLC is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Ello LLC dba Ello Rideshare / Ello Grandparents Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Ello LLC dba Ello Rideshare / Ello Grandparents Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services. In addition drivers will be monitored to assure that drivers are not taking rides while the Ello LLC driver app is offline. Unless, it is Uber or Lyft. If Drivers are taking unauthorized rides under the radar of the Ello driver app you may be terminated permanently. By becoming a driver you agree to not start up or sabotage the Ello LLC dba Ello Rideshare / Ello Grandparents services at any given time.
The Ello LLC dba Ello Rideshare / Ello Grandparents Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Ello LLC dba Ello Rideshare / Ello Grandparents Platform will be corrected, or that the Ello LLC dba Ello Rideshare / Ello Grandparents Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Ello LLC dba Ello Rideshare / Ello Grandparents Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Ello LLC dba Ello Rideshare / Ello Grandparents is not responsible for the conduct, whether online or offline, of any User of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Ello LLC dba Ello Rideshare / Ello Grandparents Platform and participating in the Services, you agree to accept such risks and agree that Ello LLC dba Ello Rideshare / Ello Grandparents is not responsible for the acts or omissions of Users on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or participating in the Services.
You are responsible for the use of your User/Driver account and Ello LLC dba Ello Rideshare / Ello Grandparents expressly disclaims any liability arising from the unauthorized use of your User/Driver account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Ello LLC dba Ello Rideshare / Ello Grandparents Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or through the Services. Please carefully select the type of information that you post on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Ello LLC or made available through the Ello LLC dba Ello Rideshare / Ello Grandparents Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Ello LLC dba Ello Rideshare / Ello Grandparents Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Ello LLC dba Ello Rideshare / Ello Grandparents, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Ello LLC dba Ello Rideshare / Ello Grandparents Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Ello LLC dba Ello Rideshare / Ello Grandparents Platform may be accessible to Ello LLC and certain Users and Drivers of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform.
Ello LLC advises you to use the Ello LLC dba Ello Rideshare / Ello Grandparents Platform with a data plan with unlimited or very high data usage limits, and Ello LLC shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Ello LLC dba Ello Rideshare / Ello Grandparents Platform.
This paragraph applies to any version of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Ello LLC. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Ello LLC dba Ello Rideshare / Ello Grandparents Platform. Ello LLC, not Apple, is solely responsible for the Ello LLC dba Ello Rideshare / Ello Grandparents Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed https://www.apple.com/legal/
internet-services/itunes/dev/ stdeula/ for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
As a Driver, you may be able to use "Ello Nav built by Google" while providing Services on the Platform. If you elect to use this feature, you agree that Google may collect your location data when the Ello LLC App is running in order to provide and improve Google's services, that such data may also be shared with Ello LLC in order to improve its operations, and that Google's https://www.google.
com/help/terms_maps.html and https://policies.google. com/privacy?hl=en&gl=gl will apply to this usage.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction Below. We will update the disclosures info as jurisdictions are added, remove or amend these required disclosures, so please check in regularly for updates.
The subject of insurance can be complicated, but it’s important you know how and when our policies cover you and your passengers in the event of an incident. The following is an overview of how our insurance policies work.
There are four coverages included in our insurance policies (unless otherwise noted, these coverages are in effect from the time you accept a ride request until the time the ride has ended in the app).
- Contingent Liability (coverage only while in driver mode waiting for a ride request)
- Primary Automobile Liability
- Contingent Comprehensive & Collision
- Uninsured/Underinsured Motorist (UM/UIM)
Also, make sure you file a claim with your personal auto insurance provider and provide proof of personal insurance to relevant parties at the scene of an accident.
Your personal insurance is your insurance policy.
Ello LLC provides contingent liability coverage to protect you if your personal insurance doesn’t.
How does contingent liability coverage work?
Our contingent liability coverage is designed to provide coverage when the app is in driver mode before you’ve received a ride request in the event your personal insurance does not respond. The policy has a $50,000 maximum limit per person, $100,000 maximum limit per accident, and a $25,000 maximum limit for property damage. There is no deductible under this policy.
Note: This policy may be modified to comply with specific city or state insurance requirements.
Our primary liability insurance is designed to act as the primary coverage from the time you accept a ride request until the time the ride has ended in the app. The policy has a $1,000,000 per accident limit. Note: If you already carry commercial insurance (or personal coverage providing specific coverage for ridesharing), Ello LLC policy will continue to be excess to your insurance coverage.
How does contingent collision coverage work?
Our contingent collision coverage is designed to cover physical damage to your vehicle resulting from an accident as long as you have obtained collision coverage on your personal automobile policy. The contingent collision coverage will apply up to the actual cash value of your vehicle or cost of repair, whichever is less. The policy has up to a $2,500 deductible. This policy is designed to step in regardless of whether or not you're at fault.
How does contingent comprehensive coverage work?
Similar to our contingent collision coverage, our contingent comprehensive coverage is designed to cover physical damage to your vehicle resulting from a non-collision event (for example a fire, vandalism, a natural disaster, etc.) as long as you have obtained comprehensive coverage on your personal automobile policy. The contingent comprehensive coverage will apply up to the actual cash value of your vehicle or cost of repair, whichever is less. The policy has up to a $2,500 deductible. This policy is designed to step in regardless of whether or not you're at fault.
What does UM/UIM mean and how does this coverage work?
In the event of an accident (once you have accepted a ride or are transporting a passenger) with a driver who is uninsured (UM) or underinsured (UIM) and is ultimately at fault for bodily injury caused to you and/or your passengers, our UM/UIM coverage will apply (coverage limits vary by state). There is no deductible on our UM/UIM policy.
It depends on the coverage. During the time the Ello LLC Driver app is on and available to accept a request (also known as “driver mode”), the contingent liability policy is in effect.
The other three coverages are in effect beginning when you’ve accepted a passenger ride request and are on your way to pick the passenger up. These coverages continue while you’re giving a ride to a passenger until the time you end the ride in the app.
You will defend, indemnify, and hold Ello LLC dba Ello Rideshare / Ello Grandparents including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Ello LLC dba Ello Rideshare / Ello Grandparents Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Ello LLC dba Ello Rideshare / Ello Grandparents Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL Ello rideshare / ello grandparents, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “ello” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE ello rideshare / ello grandparents PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE ello rideshare / ello grandparents PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ello rideshare / ello grandparents PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT ello rideshare / ello grandparents HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Ello Rideshare / Ello Grandparents; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Ello Rideshare / Ello Grandparents may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Ello Rideshare / Ello Grandparents star rating or cancellation threshold; (3) Ello Rideshare / Ello Grandparents has the good faith belief that such action is necessary to protect the safety of the Ello LLC community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Ello Rideshare / Ello Grandparents reasonable satisfaction prior to Ello LLC''' permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Ello Rideshare / Ello Grandparents satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and Ello LLC.
YOU AND ello rideshare / ello grandparents MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Ello Rideshare / Ello Grandparents ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Ello Rideshare / Ello Grandparents, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Ello Rideshare / Ello Grandparents service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND ello rideshare / ello grandparents. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Rideshare / Ello Grandparents Platform, the Services, any other goods or services made available through the Ello Rideshare / Ello Grandparents Platform, your relationship with Ello Rideshare / Ello Grandparents, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Ello Rideshare / Ello Grandparents behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Ello Rideshare / Ello Grandparents, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Ello Rideshare / Ello Grandparents and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND ello rideshare / ello grandparents ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND ello rideshare / ello grandparents MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND LYFT BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST ello rideshare / ello grandparents, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Ello Rideshare / Ello Grandparents agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Ello Rideshare / Ello Grandparents agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its https://www.adr.org. that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and Ello Rideshare / Ello Grandparents will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, Ello Rideshare / Ello Grandparents agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to Ello Rideshare / Ello Grandparents, Ello Rideshare / Ello Grandparents will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. If Ello Rideshare / Ello Grandparents initiates arbitration under this Arbitration Agreement, Ello Rideshare / Ello Grandparents will pay all AAA filing and arbitration fees. With respect to any Claims brought by Ello Rideshare / Ello Grandparents against a Driver, or for Claims brought by a Driver against Ello Rideshare / Ello Grandparents that: (A) are based on an alleged employment relationship between Ello Rideshare / Ello Grandparents and a Driver; (B) arise out of, or relate to, Ello Rideshare / Ello Grandparents actual deactivation of a Driver’s User account or a threat by Ello Rideshare / Ello Grandparents to deactivate a Driver’s User account; (C) arise out of, or relate to, Ello Rideshare / Ello Grandparents actual termination of a Driver’s Agreement with Ello Rideshare / Ello Grandparents under the termination provisions of this Agreement, or a threat by Ello Rideshare / Ello Grandparents to terminate a Driver’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including Ello Rideshare / Ello Grandparents commission or fees on the Fares), tips, or average hourly guarantees owed by Ello Rideshare / Ello Grandparents to Drivers for Services, other than disputes relating to referral bonuses, other Ello Rideshare / Ello Grandparents promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Driver Claims”), Ello Rideshare / Ello Grandparents shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Ello Rideshare / Ello Grandparents pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(3), the term “Driver” shall be deemed to include both Drivers and Driver applicants who have not been approved to drive. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.). At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law. Although under some laws Ello Rideshare / Ello Grandparents may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Ello Rideshare / Ello Grandparents agrees that it will not seek such an award. If the arbitrator issues you an award that is greater than the value of Ello Rideshare / Ello Grandparents last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then Ello Rideshare / Ello Grandparents will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and Ello Rideshare / Ello Grandparents agree otherwise, any arbitration hearings between Ello Rideshare / Ello Grandparents and a Rider will take place in the county of your billing address, and any arbitration hearings between Ello Rideshare / Ello Grandparents and a Driver will take place in the county in which the Driver provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, Ello Rideshare / Ello Grandparents agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Driver Claims in Pending Settlement.
If you are a member of a putative class in a lawsuit against Ello Rideshare / Ello Grandparents involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.
As a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e)(3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in Ello Rideshare / Ello Grandparents Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with Ello Rideshare / Ello Grandparents. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying Ello Rideshare / Ello Grandparents in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to firstname.lastname@example.org, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.) that is addressed to:
6705 Academy Rd., NE
Albuquerque, NM 87109
Cases have been filed against Ello Rideshare / Ello Grandparents and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against Ello Rideshare / Ello Grandparents alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with Ello Rideshare / Ello Grandparents under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Ello Rideshare / Ello Grandparents in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Ello Rideshare / Ello Grandparents may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Ello Rideshare / Ello Grandparents. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Ello Rideshare / Ello Grandparents business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Ello Rideshare / Ello Grandparents for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Ello Rideshare / Ello Grandparents in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Ello Rideshare / Ello Grandparents with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Ello Rideshare / Ello Grandparents or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Ello Rideshare / Ello Grandparents; becomes known to you, without restriction, from a source other than Ello Rideshare / Ello Grandparents without breach of this Agreement by you and otherwise not in violation of Ello Rideshare / Ello Grandparents rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Ello Rideshare / Ello Grandparents to enable Ello Rideshare / Ello Grandparents to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with Ello LLC.
As a Driver on the Ello Rideshare / Ello Grandparents Platform, you acknowledge and agree that you and Ello Rideshare / Ello Grandparents are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Ello Rideshare / Ello Grandparents expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Ello Rideshare / Ello Grandparents; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Ello Rideshare / Ello Grandparents, and you undertake not to hold yourself out as an employee, agent or authorized representative of Ello Rideshare / Ello Grandparents.
Ello Rideshare / Ello Grandparents does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Ello Rideshare / Ello Grandparents Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the Ello Rideshare / Ello Grandparents Platform, or to cancel an accepted request for Services via the Ello Rideshare / Ello Grandparents Platform, subject to Ello's then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Ello Rideshare / Ello Grandparents shall have no right to require you to: (a) display Ello Rideshare / Ello Grandparents names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Ello Rideshare / Ello Grandparents names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
In addition to connecting Riders with Drivers, the Ello Rideshare / Ello Grandparents Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Ello Rideshare / Ello Grandparents Platform to order a delivery of goods, purchase a digital item, request a carpool ride from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation platforms and request rides from local drivers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Ello Rideshare / Ello Grandparents Platform, you authorize Ello Rideshare / Ello Grandparents to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Ello Rideshare / Ello Grandparents is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Ello Rideshare / Ello Grandparents Platform.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non- Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Ello Rideshare / Ello Grandparents, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Ello Rideshare / Ello Grandparents shall be given by certified mail, postage prepaid and return receipt requested to Ello LLC., 6705 Academy Rd NE. Albuquerque, NM 87109 Any notices to you shall be provided to you through the Ello Rideshare / Ello Grandparents Platform or given to you via the email address or physical you provide to Ello Rideshare / Ello Grandparents 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. This Agreement sets forth the entire understanding and agreement between you and Ello Rideshare / Ello Grandparents with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Ello Rideshare / Ello Grandparents Platform or Services, please contact our Customer Support Team.
Contact Info:ELLO LLC.6705 Academy Rd. NEAlbuquerque, NM 87109Ello Rideshare office 505-835-5609Ello Grandparents Office 505-835-5192