Terms & Conditions for UZURV Drivers
Terms of Service.
The UZURV website is accessible at www.uzurv.com (the “UZURV Site”) and also as a Drive Application. If you are using the UZURV Site or Drive Application (the “Drive App”), you are contracting with 360 Care, LLC (“UZURV”) with respect to the use of the UZURV Site and the UZURV Drive App. The terms of this contract are set forth in these terms of service. UZURV licenses an online website and related programs to allow individuals or entities to schedule Transportation Services. These Terms govern your access to and use of this UZURV Site, the Drive App, and all content therein, and constitute a binding legal agreement between you and UZURV. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using the UZURV Site or the Drive App. Failure to use the UZURV Site and Drive App in accordance with these terms of service may result in the immediate termination of your use of or access to the UZURV Site and Drive App and may subject you to civil and criminal penalties.
The UZURV Website.
The UZURV Site provides a digital platform where persons (or entities acting on behalf of individuals) who seek transportation to certain destinations (“Riders”) can be matched with persons willing to drive to those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the UZURV Site. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the UZURV Site shall be referred to collectively as the “Transportation Services”. Any decision by a User to offer or accept Transportation Services is a decision made in such User’s sole discretion. Each Transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
Eligibility.
The UZURV Site may only be used by individuals who can form legally binding contracts under applicable law. The UZURV Site is not available to Drivers who have had their Driver account temporarily or permanently deactivated or suspended. By becoming a Driver, you represent and warrant that you are at least 21 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Driver account, and you agree that you are the sole authorized user of your account. You further represent and warrant that you are not currently listed on the OIG Exclusion List or otherwise suspended or barred from conducting business with any federal or state program. UZURV reserves the right to utilize E-VERIFY to confirm eligibility.
Provision of Transportation Services.
User requests for Transportation Services may appear to you via the Drive App if you have met all required criteria. If you accept a User’s request for Transportation Services, UZURV will provide you with certain User Information via the Drive App, including the User’s first name, pickup location & destination and estimated trip distance. You acknowledge and agree that once you have accepted a User’s request for Transportation Services UZURVs Site may provide certain information about you to the User, including your first name, photo, location, and your vehicle’s make and license plate number. You shall not contact any Users for any reason except for the purposes of fulfilling Transportation Services. You acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation Services; and (b) you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform Transportation Services.
Relationship of the Parties.
Except as otherwise expressly provided herein with respect to UZURV acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between UZURV and you; and (b) no joint venture, partnership, or agency relationship exists between UZURV and you. You have no authority to bind UZURV or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of UZURV or its Affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of UZURV, you undertake and agree to indemnify, defend (at UZURV’s option) and hold UZURV and its Affiliates harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
Your Relationship with Users.
You acknowledge and agree that your provision of Transportation Services to Users creates a direct business relationship between you and the User. UZURV is not responsible or liable for the actions or inactions of a User in relation to your activities or your vehicle. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from your provision of Transportation Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. You acknowledge and agree that UZURV may release your contact and/or insurance information to a User upon such User’s reasonable request. You acknowledge and agree that, unless specifically consented to by UZURV, you may not transport or allow inside your vehicle individuals other than a User and any individuals authorized by such User, during the performance of Transportation Services for such User. You acknowledge and agree that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.
Location Based Services.
You acknowledge and agree that your geo-location information must be provided to UZURV via a device in order to provide Transportation Services. You acknowledge and agree that: (a) UZURV obtains location information when the driver either is online or is actively engaging in a UZURV ride. The UZURV app accesses your location even when the app is closed. This allows the app to maintain ride tracking in the event the app is closed during an active trip for rider and driver safety, and to monitor safe driving behavior. This information is not passed to any third party for any marketing purposes, and UZURV will not share any information outside of the organization or our telematics (safe driving oversight) partner without your permission, except when applicable by law.; and (b) the approximate location of your vehicle may be displayed to the User before and during the provision of Transportation Services to such User.
Telematics.
You acknowledge and agree that your telematics information must be provided to UZURV via a Device in order to provide Transportation Services. You acknowledge and agree that: (a) your telematics information will be monitored and tracked by UZURV or related parties (such as insurance companies) when you are logged into the Drive App and responding to requests for on-demand Transportation Services or when you are providing Transportation Services. UZURV and its Affiliates may monitor, track and share your telematics data obtained by the Drive App and Device for their technical, marketing and commercial purposes, including to provide and improve their products and services.
Privacy Policy.
Your Information is any information you provide, publish or post to or through the UZURV Site (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any UZURV-related Facebook, Twitter or other social media posting) (your “Information”). You consent to UZURV using your Information to create a User account that will allow you to use the UZURV Site and participate in the Transportation Services. Our collection and use of personal information in connection with the UZURV Site and Transportation Services is as provided in UZURV’s Privacy Policy located at https://uzurv.com/privacy-policy/. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable UZURV to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. UZURV does not assert any ownership over your Information; rather, as between you and UZURV, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
Fees and Other Charges.
Website Fee.
UZURV may assess a per-ride “Website Fee” to support the UZURV Site and related services provided to you by UZURV. The amount of the Website Fee may vary but shall be retained by UZURV in its entirety.
Cancellation Fee.
After being selected for a ride you may cancel it through the Drive App, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after accepting a ride. Please check out our support center to learn more about UZURV’s cancellation policy, including applicable fees.
Payments.
You will receive payment for your provision of Transportation Services. UZURV will process all payments due to you through its third-party payments processor. UZURV may replace its third-party payment processing services without notice to you. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. These terms also apply to any bonus payment made for your provision of Transportation Services.
Commission.
In exchange for permitting you to offer your Transportation Services through the UZURV Site and Drive App as a Driver, you agree to permit UZURV to retain a fee based on each transaction in which you provide Transportation Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a schedule through the UZURV Drive App and/or UZURV site. UZURV reserves the right to change the Commission at any time at UZURV’s discretion based upon local market factors, and UZURV will provide you with notice in the event of such change. Continued use of the UZURV Site after any such change in the Commission calculation shall constitute your consent to such change.
Fare Calculation.
You expressly authorize UZURV to set the prices on your behalf for all charges that apply to the provision of Transportation Services. UZURV reserves the right to change the fare schedule at any time in our discretion, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable fares.
Fare Adjustment.
UZURV reserves the right to adjust or withhold all or a portion of fares if it believes that (i) you have attempted to defraud or abuse UZURV or UZURV payment systems, (ii) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Transportation Services in the Drive App when the ride was over) (iii) you did not arrive at the pickup destination within the acceptable arrival window. UZURV’s decision to adjust or withhold the fare in any way shall be exercised in a reasonable manner.
Taxes.
You acknowledge and agree that you are responsible for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax on the provision of Transportation Services.
Each year, the IRS may require UZURV to send you tax documents, such as IRS Form 1099-NEC. By agreeing to these terms, you grant UZURV permission to provide access to your tax documents electronically via the Drive app or to send them to your email address on file. Your documents will always be stored and sent securely.
UZURV Communications.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from UZURV and its affiliated companies, may include but are not limited to: operational communications concerning your User account or use of the UZURV Site or Transportation Services, updates concerning new and existing features on the UZURV Site, communications concerning promotions run by us or our third-party partners, and news concerning UZURV and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You consent to any call with UZURV being recorded and retained for such period of time as UZURV, in its sole discretion, determines.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the UZURV Site or the Transportation Services.
User Conduct.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the UZURV Site, Drive App, UZURV Content, or User Content, and/or your performance of the Transportation Services. In connection with your use of the UZURV Site, Drive App, UZURV Content or User Content, you agree that you will not:
Use the UZURV Site, Drivr App, UZURV Content or User Content to provide or use Transportation Services unless you are permitted by law or regulation in your jurisdiction to use the UZURV Site or Drive App to provide or use the Transportation Services;
Use the UZURV Site, Drive App, UZURV Content or User Content to find or contact a User including a Driver, or to find a Rider, and then complete a ride independent of the UZURV Site or Drive App, in order to circumvent the obligation to pay any fees related to UZURV ‘s provision of the Transportation Services or for any other reason;
Use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the UZURV Site, Drive App, UZURV Content or User Content,, or collect information from the UZURV Site, Drive App, UZURV Content or User Content for any purpose other than for use of UZURV’s services;
Use the UZURV Site, Drive App, UZURV Content or User Content for any commercial or other purposes that are not expressly permitted by these Terms;
Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
Interfere with or damage the UZURV Site, Drive App, UZURV Content or User Content including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
Use the UZURV Site, Drive App, UZURV Content or User Content to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
Use the UZURV Site, Drive App, UZURV Content or User Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements other than as permitted by UZURV;
Collect or store any personally identifiable information about any Rider other than for purposes of using the Transportation Services as a UZURV Driver;
Register for more than one UZURV Account;
Contact a User for any purpose other than asking a question related to a Ride or such User use of the UZURV Site, Drive App, UZURV Content or User Content;
Recruit or otherwise solicit any User to join other services or websites that are competitive to UZURV, without UZURV ‘s prior express written approval;
Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vi) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the UZURV Site, Drive App, UZURV Content or User Content, or any individual element within the UZURV Site, Drive App, UZURV Content or User Content,, UZURV’s name, any UZURV trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the UZURV Site, Drive App, UZURV Content or User Content,, without UZURV’s express written consent;
Attempt to probe, scan, or test the vulnerability of any UZURV system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by UZURV or any of UZURV’s providers or any other third party (including another User) to protect the UZURV Site, Drive App, UZURV Content or User Content;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the UZURV Site, Drive App, UZURV Content or User Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Advocate, encourage, or assist any third party in doing any of the foregoing. UZURV has the right to investigate and prosecute violations of any of the above to the fullest extent of the law, and you agree to cooperate with UZURV in such investigation, and to inform UZURV if you become aware of violations. UZURV may access, preserve and/or disclose any of your information if we are required to do so by law, or if reasonably necessary to (i) respond to claims asserted against UZURV or to comply with legal process (for example, subpoenas or lawsuits), (ii) enforce or administer our legal rights or obligations, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of UZURV, its Users, or members of the public . You acknowledge that UZURV has no obligation to monitor your access to or use of the UZURV Site, Drive App, UZURV Content or User Content or to review or edit any content, but has the right to do so for the purpose of operating and improving the UZURV Site, Drive App, UZURV Content or User Content, to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. UZURV reserves the right, at any time and without prior notice, to remove or disable access to any content that UZURV, at its sole discretion, considers to be objectionable for any reason, to be in violation of these Terms, or to be otherwise harmful to the UZURV Site, Drive App, UZURV Content or User Content.
Protected Health Information / Personally Identifiable Information.
You may receive information in the UZURV Drive app that contains privileged and confidential information, including Protected Health Information (PHI) and/or Personally Identifiable Information (PII) protected by federal and state privacy laws. It is intended only for the use of the Driver for the purpose of providing Transportation Services. You are hereby notified that any dissemination, distribution, or duplication of PHI and PII is strictly prohibited. You acknowledge and agree that you are bound by HIPAA and agree to complete any training regarding the safeguarding of protected health information as you are directed to do so by UZURV.
Driver Acknowledgements & Agreements
By providing Transportation Services as a Driver on the UZURV Site and Drive App, you acknowledge and agree that:
At all times, you shall hold and maintain (i) a valid driver’s license with the appropriate level of certification to operate your vehicle, and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to provide passenger transportation services to third parties in the territory(ies) in which you provide Transportation Services.
You are authorized and medically fit to operate a motor vehicle
At all times, you shall possess the appropriate and current level of training, expertise and experience to provide Transportation Services in a professional manner with due skill, care and diligence. You further acknowledge and agree that you shall maintain high standards of professionalism, service and courtesy while providing Transportation Services.
You may be subject to certain background and driving record checks (including criminal and motor vehicle records) from time to time in order to qualify you to provide and remain eligible to provide Transportation Services. Further, you agree to provide any necessary authorizations to facilitate our access to such records during the term of the Agreement.
UZURV has the right, at any time in its sole discretion, to deactivate or otherwise restrict you from accessing or using the Drive App or the UZURV Site if you fail to meet the requirements set forth in this Agreement.
Your vehicle shall at all times be:
(a) properly registered to operate as a passenger transportation vehicle in the territory;
(b) owned or leased by you, or otherwise in your lawful possession;
(c) suitable for performing the passenger transportation services contemplated by this Agreement; and
(d) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the applicable territory, and in a clean and sanitary condition.
(e) free from the smell of smoke or strong fragrances
You will not smoke or vape inside your vehicle while providing Transportation Services
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, or permit an unauthorized third party to accompany you in the vehicle while providing Transportation Services.
You will not use a controlled dangerous substance and/or alcohol that may impair you as a driver while providing a prearranged ride or while you are logged on to UZURV’s digital network as a driver but are not providing a prearranged ride. You understand that UZURV maintains a “zero-tolerance” controlled dangerous substance and alcohol policy and further agree that you shall not take any action that harms or threatens to harm the safety of the UZURV community or third parties.
You will only provide Transportation Services using the vehicle that has been reported to, and approved by UZURV, and for which supporting documentation has been provided to UZURV via the Drive App, 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 make any misrepresentation regarding UZURV, the UZURV Site, the Transportation Services or your status as a Driver.
You will not, while providing the Transportation Services, operate as a public 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 UZURV or Riders on the UZURV Site in provision of Transportation 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 accommodation for Riders or service animals as required by law. It is the policy of UZURV to afford individuals with disabilities who require the assistance of a service animal equal access to our service. UZURV Drivers are required to always accommodate service animals. In accordance with ADA regulations, a driver may not refuse service to a customer traveling with a service animal based on the presence of an allergy to pet dander.
See the full Service Animal Policy by clicking here.
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 Transportation Services.
You understand that your personal auto insurance for the operation of your motor vehicle may not provide coverage for the use of a motor vehicle to provide Transportation Services and that, if comprehensive or collision coverage was purchased in addition to such insurance, the comprehensive or collision coverage may not apply to any damage which results from the use of the motor vehicle while providing Transportation Services or logged into the UZURV Site or Drive App.
You understand that If the vehicle with which you provide Transportation Services has a lien against it, or you are not the owner of the vehicle, you must notify the lienholder or owner of your intent to provide Transportation Services with the vehicle prior to providing Transportation Services. You may disclose to the lienholder or owner all insurance coverage information provided to you by UZURV. If you fail to provide the required insurance coverage under the terms of your contract with the lienholder or show evidence to the lienholder of the coverage provided by UZURV, you may violate the terms of your contract between you and your lienholder.
At any time you are providing Transportation Services on the UZURV Site, UZURV will continuously provide liability insurance in the following manner (detail found at https://uzurv.com/insurance/):
In an amount of not less than $1,000,000 ($1,500,000 for North Carolina & Nevada) for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is providing transportation services;
In an amount of not less than $50,000 for bodily injury to or death of one person in any one accident or motor vehicle crash that occurs while the Driver is logged into the UZURV Site or Drive App and available to receive requests for Transportation Services but is not otherwise providing transportation services;
Subject to the minimum amount for one person required by paragraph (b), in an amount of not less than $100,000 for bodily injury to or death of two or more persons in any one accident or motor vehicle crash that occurs while the driver is logged into the UZURV Site or Drive App and available to receive requests for Transportation Services but is not otherwise providing transportation services; and
In an amount of not less than $25,000 for injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is logged into the UZURV Site or Drive App and available to receive requests for Transportation Services but is not otherwise providing Transportation Services, for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.
You will pay all applicable federal, state and local taxes based on your provision of Transportation Services and any payments received by you.
You will not exchange personal phone numbers with Riders or their caregivers. All communication will be conducted through UZURV, the UZURV Site, or the Drive App.
You will not coerce Riders or their caregivers to make changes to accommodate your needs as a Driver.
You will not have additional non-approved passengers in the vehicle while conducting a UZURV trip.
You will not transport unaccompanied minors.
You are required to notify UZURV immediately of any change in your address, vehicle, criminal or driving record.
You are required to self-report any conflicts that may exist with the number of hours a Driver may be awake and alert due to other employment engagements and/or other extracurricular activities that would hinder, impede or reduce driving capabilities.
You will be bound by UZURV’s Wireless Communications Policy and understand the dangers of wireless devices as a form of Distracted Driving.
In order to qualify to provide rides for certain Riders, if required, in accordance with Federal Transit Administration (FTA) Rule 49 CFR Part 655.14(b), you will have completed at least 60 minutes of drug and alcohol orientation and on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use.
Documentation.
To ensure your compliance with all requirements above, you must provide UZURV with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to your provision of any Transportation Services. Thereafter, you must submit to UZURV written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. UZURV shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement.
Non-Discrimination.
UZURV seeks to ensure that safe, reliable, and high-quality transportation options are available to everyone. Therefore, UZURV, and its affiliates including 360 Care LLC, prohibit discrimination against Riders or Drivers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or accessibility requirements, Rider’s geographic departure point or destination, or any other characteristic protected under applicable federal or state law. Such discrimination includes, but is not limited to, refusing to provide or accept services based on any of these characteristics. Any Rider or Driver found to have violated this prohibition will lose access to the UZURV Site.
Ownership.
The UZURV Site, Drive App, and UZURV Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the UZURV Site, Drive App, and UZURV Content (except User Content), including all associated intellectual property rights, are the exclusive property of UZURV and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the UZURV Site, Drive App, or UZURV Content.
Drive App License.
Subject to your compliance with these terms of service, UZURV grants you a limited non-exclusive, non-transferable license to download and install a copy of the Drive App on a mobile device that you own or control and run such copy of the Drive App solely for your own personal use. UZURV reserves all rights in the Drive App not expressly granted to you by these terms.
Content License.
Subject to your compliance with these terms of service, UZURV grants you a limited, non-exclusive, non- transferable license, to access and view any UZURV Content solely for your personal purposes or commercial purposes as allowed herein; you have no right to sublicense the license rights granted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the UZURV Site, Drive App, or UZURV Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by UZURV or its licensors, except for the licenses and rights expressly granted in these terms.
User Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. UZURV may, in its sole discretion, remove, delete, or otherwise limit any User Content. By making available any User Content on or through the UZURV Site and Drive App, you hereby grant to UZURV a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through or by means of or to promote or market the UZURV Site and Drive App, or for such other purposes as UZURV may deem, in its sole discretion, to be in the best interests of UZURV. UZURV does not claim any ownership rights in any such User Content and nothing in these terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the UZURV Site, Drive App and Transportation Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the UZURV Site, Drive App and Transportation Services or you have all rights, licenses, consents and releases that are necessary to grant to UZURV the rights in such User Content, as contemplated under these terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or UZURV ‘s use of the User Content (or any portion thereof) on, through or by means of the UZURV Site and Drive App will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links.
The UZURV Site and Drive App may contain links to third-party websites or resources. You acknowledge and agree that UZURV is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by UZURV of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
Proprietary Rights Notice.
All trademarks, service marks, logos, trade names and any other proprietary designations of UZURV used herein are property of UZURV. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the UZURV Site and Drive App (“Feedback”). You may submit Feedback by emailing us at support@uzurv.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of UZURV and you hereby irrevocably assign to UZURV and agree to irrevocably assign to UZURV all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At UZURV’s request and expense, you will execute documents and take such further acts as UZURV may reasonably request to assist UZURV to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy.
UZURV respects copyright law and expects its Users to do the same. It is UZURV’s policy to terminate in appropriate circumstances the UZURV Accounts of Users or other account holders who infringe or are believed to be infringing the rights of copyright holders.
Term.
This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.
Termination.
Driver may terminate this Agreement without cause at any time upon seven (7) days prior written notice to the UZURV. UZURV may terminate this Agreement without cause at any time for any reason. Either party may terminate this Agreement (a) immediately, without notice, for the other party’s material breach of this Agreement; or (b) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, UZURV may terminate this Agreement or deactivate your Driver ID immediately, without notice, in the event you no longer qualify, under applicable law or the standards and policies of UZURV and its Affiliates, to provide Transportation Services or to operate the vehicle, or as otherwise set forth in this Agreement. Any Driver Terminated by UZURV may not re-apply to be a UZURV Driver until one (1) year after the effective date of any termination unless otherwise agreed to in writing by UZURV.
Effect of Termination.
Upon termination of the Agreement, you shall: i.) immediately delete and fully remove the Drive App from any and all of your devices; ii.) Return any decal and/or trade dress provided by UZURV within 14 business days of termination. Outstanding payment obligations shall survive the termination of this Agreement.
Suspension, Termination and Account Cancellation.
We may, in our discretion and without liability to you, for any reason or no reason, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your UZURV Account. If we do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your UZURV Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the UZURV Site, Drive App, your UZURV Account, your User Content, or receive assistance from UZURV Customer Service, (b) any pending or scheduled Rides may be immediately terminated, (c) we may communicate to your Rider that a potential ride has been cancelled, (d) we may refund any payment for any Ride in UZURV’s sole discretion. You may cancel your UZURV Account at any time by sending an email to support@uzurv.com. Please note that if your UZURV Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the UZURV Site, Drive App, including, but not limited to, any reviews or Feedback.
Disclaimers
IF YOU CHOOSE TO USE THE UZURV SITE, DRIVE APP, TRANSPORTATION SERVICES, UZURV CONTENT, OR USER CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT UZURV DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE UZURV SITE, DRIVE APP, TRANSPORTATION SERVICES, UZURV CONTENT, USER CONTENT OR OTHER PROGRAMS HEREUNDER ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UZURV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. UZURV MAKES NO WARRANTY THAT THE UZURV SITE, DRIVE APP, UZURV CONTENT, OR USER CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS FOR ANY RIDES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UZURV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICE PROVIDERS, TRANSPORTATION SERVICE. PROVIDERS, TRANSPORTATION SERVICE, TNC, UZURV CONTENT, OR USER CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE UZURV SITE, DRIVE APP, OR TRANSPORTATION SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UZURV OR THROUGH THE UZURV SITE, DRIVE APP, UZURV CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE UZURV SITE, DRIVE APP OR PROGRAMS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE UZURV SITE, DRIVE APP OR PROGRAMS. YOU UNDERSTAND THAT UZURV DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE UZURV SITE, DRIVE APP OR PROGRAMS OR TO REVIEW VEHICLES OR TRANSPORTATION PROVIDERS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE UZURV SITE, DRIVE APP OR PROGRAMS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE UZURV SITE, DRIVE APP OR PROGRAMS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE UZURV SITE, DRIVE APP, OR PROGRAMS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE UZURV SITE, DRIVE APP OR PROGRAMS. NOTWITHSTANDING UZURV’S APPOINTMENT AS THE LIMITED PAYMENT AGENT FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RIDERS OR REQUESTERS TO TRANSMIT TO DRIVERS OR TRANSPORTATION PROVIDERS, UZURV EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RIDER, REQUESTER, DRIVER, TRANSPORTATION PROVIDER, SERVICE PROVIDER OR OTHER THIRD PARTY BEYOND REFUND OF THE FEE.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE UZURV SITE, DRIVE APP, UZURV CONTENT AND USER CONTENT, YOUR REQUESTING A RIDE VIA THE UZURV SITE OR DRIVE APP, AND ANY CONTACT YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER UZURV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE UZURV SITE, DRIVE APP, UZURV CONTENT, USER CONTENT, OR PROGRAMS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE UZURV SITE, DRIVE APP, UZURV CONTENT OR USER CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE UZURV SITE, DRIVE APP OR PROGRAMS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE UZURV SITE, DRIVE APP, OR YOUR PARTICIPATION IN OTHER PROGRAMS HEREUNDER, OR FROM YOUR SCHEDULING OR ACCEPTANCE OF ANY RIDE VIA THE UZURV SITE OR DRIVE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UZURV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO TRANSPORTATION SERVICE PROVIDERS PURSUANT TO THESE TERMS AND CONDITIONS OF SERVICE, IN NO EVENT WILL UZURV ‘S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE UZURV SITE, DRIVE APP, UZURV CONTENT, AND USER CONTENT, INCLUDING FROM THE USE OF OR INABILITY TO USE THE UZURV SITE, DRIVE APP, UZURV CONTENT, USER CONTENT AND ANY PROGRAM HEREUNDER EXCEED THE AMOUNTS YOU HAVE PAID FOR A RIDE VIA THE UZURV SITE OR DRIVE APP AND TRANSPORTATION SERVICES AS A RIDER, REQUESTER, DRIVER OR TRANSPORTATION SERVICE PROVIDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UZURV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification.
You agree to release, defend, indemnify, and hold harmless UZURV and its affiliates and subsidiaries, and their officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney and accounting fees, arising out of or in any way connected with (a) your access to or use of the UZURV Site, Drive App, or UZURV Content or your violation of these terms of service; (b) your User Content; (c) your (i) interaction with any User, (ii) scheduling of a Ride or failure to fulfill a Ride; or (iii) creation of a Listing; (d) the use or condition of a Transportation Service instrumentality , your vehicle, or TNC vehicle, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Ride or use of a vehicle, Transportation Service or Transportation Service instrumentality hereunder.
Reporting Misconduct.
If you have a User who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, (iii) you suspect is intoxicated while driving, or (iv) engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities including to UZURV through our support@uzurv.com.
Entire Agreement.
These terms of service constitute the entire and exclusive understanding and agreement between UZURV and you regarding the UZURV Site, Drive App, UZURV Content, User Content or other Programs and listings made via the UZURV Site and Drive App, and these terms supersede and replace any and all prior oral or written understandings or agreements between UZURV and you regarding the UZURV Site, Drive App, UZURV Content, User Content or other Program hereunder. In the event of a conflict, the State Specific provisions of this Agreement shall govern.
Choice of Law; Choice of Forum; Arbitration.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any action to enforce this Agreement shall be venued in Richmond, Virginia. The parties agree that, subject to any provision to the contrary in the State Specific section of this Agreement, any action to enforce this Agreement shall be filed with the American Arbitration Association (AAA) and that AAA arbitration shall be the sole means to resolve disputes under this Agreement.
Notices.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these terms of service, will be in writing and given by UZURV (i) via email to the address that you provide or (ii) by posting to the UZURV Site or (iii) via the Drive App. For notices made by e-mail, such notices will be deemed to be received on the date they are transmitted. For notices made via the UZURV Site or Drive App, such notices will be deemed received on the date they are posted.
Assignment.
You may not assign or transfer these terms of service, by operation of law or otherwise, without UZURV’s prior written consent. Any attempt by you to assign or transfer these terms of service, without such consent, will be null and of no effect. UZURV may assign or transfer these terms of service, at its sole discretion, without restriction. Subject to the foregoing, these terms of service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Waivers.
The failure of UZURV to enforce any right or provision of these terms of service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UZURV. Except, as expressly set forth in these terms of service, the exercise by any party of any of its remedies under these terms of service will be without prejudice to its other remedies. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these terms of service invalid or unenforceable, the other provisions of these terms of service will remain in full force and effect.
Modification.
UZURV reserves the right, at its sole discretion, to modify the terms of this Agreement at any time, effective upon publishing an updated version of this Agreement on UZURV’s website; https://uzurv.com/drivers/. UZURV reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the UZURV Site, or downloading, installing or using the Drive App, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to fare calculations. Continued use of the UZURV Site or Drive App after any such changes shall constitute your consent to such changes. By continuing to access or use the UZURV Site or Drive App after we have posted a modification or update—regardless of whether we have provided you with notice of the changes—you are agreeing to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the UZURV Site and the Drive App. Unless changes are made to the arbitration provisions herein, you acknowledge and agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.
Severability.
If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. 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.
No Third Party Beneficiaries.
There are no third party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
Survival.
All Sections of this Agreement that by their terms require survival beyond the termination of this Agreement shall survive such termination.
General.
The failure of UZURV to enforce any right or provision of these terms of service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UZURV. Except, as expressly set forth in these terms of service, the exercise by any party of any of its remedies under these terms of service will be without prejudice to its other remedies. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these terms of service invalid or unenforceable, the other provisions of these terms of service will remain in full force and effect.
Governing Law.
Arbitration The interpretation of this Agreement shall be governed by Delaware law without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the UZURV services shall be subject to the exclusive jurisdiction of the state and federal courts located in the City and County of Wilmington, DE. However, neither the choice of law provision regarding the interpretation of this Agreement nor the forum selection provision is intended to create any other substantive right to non-Delawareans to assert claims under law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Delaware law to interpret this Agreement and the forum for disputes asserting a breach of this Agreement, and these provisions shall not be interpreted as generally extending Delaware law to you if you do not otherwise reside or provide services in Delaware. The failure of UZURV to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by UZURV in writing.
Other than disputes regarding the intellectual property rights of the parties, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the UZURV Services may be subject to arbitration.
Important Note Regarding this Arbitration provision:
Arbitration does not limit or affect the legal claims you may bring against UZURV. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved.
Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.
Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with UZURV.
IMPORTANT: This arbitration provision will require you to resolve any claim that you may have against UZURV on an individual basis pursuant to the terms of the Agreement unless you choose to opt out of the arbitration provision. This provision will preclude you from bringing any class, collective, or representative action against UZURV. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against the UZURV by someone else.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
How This Arbitration Provision Applies.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action. Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge. Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with UZURV, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by UZURV and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims. This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision. The parties expressly agree that UZURV is an intended third-party beneficiary of this Arbitration Provision.
Limitations On How This Agreement Applies.
The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply: Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S. Department of Labor (www.dol.gov), the National Labor Relations Board (www.nlrb.gov), or the Office of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration Provision 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; Disputes that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision; Disputes regarding your, or UZURV’s intellectual property rights; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Selecting The Arbitrator and Location of the Arbitration.
The Arbitrator shall be selected by mutual agreement of the UZURV and you. Unless you and UZURV mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures rules will apply. Those rules are available here: http://www.jamsadr.com/rules-streamlined-arbitration/
The location of the arbitration proceeding shall be no more than 45 miles from the place where you last provided transportation services under this Agreement, unless each party to the arbitration agrees in writing otherwise.
Starting The Arbitration.
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to UZURV shall be provided to UZURV Holdings Inc, 413 Stuart Circle, Richmond, VA 23220. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.
How Arbitration Proceedings Are Conducted.
In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator. You and UZURV agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only. While UZURV will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, UZURV shall not be precluded from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set forth in this Agreement.
Paying For The Arbitration.
Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (i.e., a party prevails on a claim that provides for the award of reasonable attorney fees to the prevailing party). In all cases where required by law, UZURV will pay the Arbitrator’s and arbitration fees. If under applicable law UZURV is not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.
The Arbitration Hearing And Award.
The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Your Right To Opt Out Of Arbitration.
Arbitration is not a mandatory condition of your contractual relationship with UZURV. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying UZURV in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by you a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to: UZURV Holdings, Inc., Attn: Legal Department, 413 Stuart Circle Richmond, VA 23220.
In order to be effective, the letter must clearly indicate your intent to opt out of this Arbitration Provision, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Provision, will be filed with a copy of this Agreement and maintained by UZURV. Should you not opt out of this Arbitration Provision within the 30-day period, you and UZURV shall be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision.
Enforcement Of This Agreement.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. Except as stated in subsection v, above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. By signing below, you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with UZURV.