UZURV Terms of Service

Last Updated: August 13, 2024

These Terms of Service constitute a legal agreement between you (an individual “you”) and UZURV Holdings, Inc. (Company) and its subsidiaries.

The UZURV website is accessible at www.uzurv.com; it is also accessible as a Driver Application, a Rider Application, and a WAV Application. UZURV’s website along with all applications published by UZURV, technology, facilities and platform are referred to herein as the “UZURV Platform.” If you are using the UZURV Platform, you are contracting with UZURV Holdings, Inc, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “UZURV,” “we,” “us” or “our”) with respect to the use of the UZURV Platform. The terms of this contract are set forth in these terms of service.
UZURV licenses the UZURV Platform to allow individuals or entities to contract for, and schedule Transportation Services. These Terms govern your access to and use of the UZURV Platform 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 to continue using the UZURV Platform. Failure to use the UZURV Platform in accordance with these terms of service may result in the immediate termination or suspension of your use of or access to the UZURV Platform and may subject you to civil and criminal penalties.

If you are accessing or using the UZURV Platform on behalf of an organization contracted with UZURV, and you are not accessing or using the UZURV Platform as a Rider, or a Provider, your access and use is governed by the contract between UZURV and your organization.

SECTION 25 (ARBITRATION) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND UZURV. AMONG OTHER THINGS, SECTION 25 (ARBITRATION) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 25 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 25 (ARBITRATION) CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION PROVISION (AS DEFINED IN SECTION 25) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 25 (30-DAY RIGHT TO OPT OUT) THE FOLLOWING WILL OCCUR: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Definitions and Terms

As used in this document, the following terms have the following meanings:

Affiliate – an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity.
Company Data – all data related to the access and use of the 360 Care Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation Services via the 360 Care Services and the Driver App, and the Driver ID.
Contract – shall have the same meaning as Transportation Services contract
Deactivation – shall have the meanings described in Permanent deactivation and Temporary deactivation
Device – any computer, cellular phone, smartphone, audio recording device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data, onto which the UZURV Platform has been installed as authorized by UZURV solely for the purpose of Transportation Services.
Digital Network – the Internet-enabled application, software, website, and system offered and used by UZURV that enables the prearrangement of transportation services with Providers.
Digital Platform – shall have the same meaning as Digital Network.
Driver – shall have the same meaning as Provider.
OIG Exclusion list – a database of individuals and organizations that are prohibited from participating in federal healthcare programs.
Permanent Deactivation – the removal of a User’s profile and information on UZURV’s platform for an indefinite time frame.
Permanent Suspension – the removal of a User’s access to UZURV’s platform for an indefinite time frame.
Personal Vehicle – a vehicle that is used by a Provider in connection with providing a prearranged ride and is owned, leased, or otherwise authorized for use by the Provider; and is not a taxi, charter bus, charter limousine, for-hire vehicle, or other commercially designated vehicle.
Personally Identifiable Information – or PII, is any information connected to a specific individual that can be used to uncover that individual’s identity, such as his or her full name, email address, or phone number.
Prearranged ride – shall have the same meaning as Transportation Services. A prearranged ride does not include shared-expense carpool or vanpool arrangements, or transportation provided using a taxi, limousine, or other for-hire vehicle. A prearranged ride does not include services provided pursuant to or arranging nonemergency medical transportation for individuals qualifying for Medicaid or Medicare pursuant to a contract with a State or a managed-care organization.
Protected Health Information (PHI), is any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity and can be linked to a specific individual.
Provider – a person willing to drive to destinations of individuals or entities seeking transportation and who uses a personal vehicle to provide transportation service for Riders matched through UZURV’s digital network.
Rider – individual, or entities acting on behalf of individuals, who seek transportation to certain destinations and who use UZURV’s digital network to connect with drivers who provide prearranged rides.
Suspension – shall have the meaning described in Permanent Suspension and Temporary Suspension
Telematics – the combination of GPS systems and wireless telematics devices to record and transmit vehicle data, such as speed, location, and driving behavior, and to cross-reference this data with the vehicle’s internal behavior.
Temporary Deactivation – the removal of a User’s profile and information on UZURV’s platform for a specific time frame.
Temporary Suspension – the removal of a User’s access to UZURV’s platform for a specific time frame
Termination – the severance of the relationship between Users and UZURV by one or both parties ceasing to continue to use, offer, or provide the benefits of the relationship
Tolls – any applicable road, bridge, ferry, tunnel and airport charges and fees, including inner city congestion, environmental or similar charges as reasonably determined by the 360 Care Services based on available information.
Trade dress – a decal, emblem, insignia, logo, marker, placard, or sign, attached to or visible from the exterior of a UZURV provider vehicle that identifies UZURV’s digital platform with which the provider vehicle is affiliated.
Transportation Network Company – or “TNC” means a person, corporation, partnership, sole proprietorship, or other entity that uses a digital network, platform, or Internet-enabled application to connect a passenger to a transportation network driver for the purpose of providing transportation for compensation using a vehicle. A transportation network company does not include arranging nonemergency medical transportation for individuals qualifying for Medicaid or Medicare pursuant to a contract with a State or a managed care organization.
Transportation Services – the provision of transportation by a provider to a rider, beginning when a driver accepts a ride requested by a rider arranged through the UZURV digital network and proceeds to the rider’s location, continues while the transportation driver transports a requesting rider in their personal vehicle, and ends when the last requesting rider exits the driver’s vehicle.
Transportation Services contract(s) – an agreement between a paired Driver and Rider to accept the provisions of transport from a predetermined pick-up location to a predetermined drop off location, occurring on a predetermined time and date.
User – An end user authorized by UZURV to use the UZURV Platform for the purpose of providing or obtaining Transportation Services;collectively this term refers to Riders and Drivers utilizing the UZURV Platform.
User content – all text, articles, photographs, images, illustrations, artwork, video, audio, creative designs, information and other content posted on, uploaded to, or otherwise made available through the UZURV Platform by a User, including any such content uploaded manually or bookmarked by such User.
UZURV Information – information about a User made available to a User in connection with such User’s request for and use of Transportation Services, which may include the User’s name, geographic location, contact information and photo.
UZURV Platform – 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 (Providers) and includes the driving services provided by Providers to Riders that are matched through the digital platform. This term refers to the UZURV website, Driver Application, Rider Application, and WAV application, collectively.
UZURV Programs – contractual agreements or partnerships between UZURV and community programs, public transit agencies, paratransit providers, municipal governments, healthcare providers and other organizations for the provision of transportation services for the customers and clients of those organizations.
Vehicle – shall have the same meaning as Personal Vehicle.

The UZURV Platform

The UZURV Platform 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 (“Providers”). Providers and Riders are collectively referred to herein as “Users.” Each User shall create a User account that enables access to the UZURV Platform. For purposes of this Agreement, the driving services provided by Providers to Riders that are matched through the UZURV Platform 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 Provider to a Rider shall constitute a separate agreement between such persons.

1. Provider Transportation Services

You acknowledge and agree that UZURV is a technology services provider that does not provide transportation services.

Contracts for Transportation Services may appear to you (Provider) via the UZURV Platform if you have supplied evidence that you meet all required criteria to perform that transportation service as a Provider. If you accept a contract for Transportation Services, UZURV will provide you with certain Rider Information via the UZURV Platform, including but not necessarily limited to the Rider’s first name, pickup location & destination and estimated trip distance. You acknowledge and agree that once you have accepted a Rider’s contract for Transportation Services, UZURV may provide certain information about you to the Rider, including but not necessarily limited to your first name, photo, location, and your vehicle’s make and license plate number.

You shall not contact any Riders for any reason except for the purposes of fulfilling contracted Transportation Services. You acknowledge and agree to the following terms: (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.

Eligibility for some contracts may stipulate that Providers agree to display appropriate identification to allow Riders to safely verify Provider contract eligibility, which UZURV, at its sole discretion, may provide without charge to the provider through the platform applications. With the exception of any signage required by local law, contract, or permit/license requirements, UZURV shall have no right to require you to act as follows: (a) display UZURV’s or any of its Affiliates’ names, logos or colors on your Vehicle(s); or (b) wear a uniform or any other clothing displaying UZURV’s or any of its Affiliates’ names, logos or colors.

You acknowledge and agree that you will maintain your User Account in confidence and not share your account information with any third party. You will immediately notify UZURV of any actual or suspected breach or improper use or disclosure of your User Account or the UZURV Platform. UZURV reserves the right to deactivate any User account that has not been accessed by a User for a period of 30 days or longer.

2. Modification to the Agreement

UZURV reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Platform or through a link to UZURV’s website. UZURV reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. You should regularly review these Terms, as your continued use of the UZURV Platform after any such changes constitutes your agreement to such changes.

Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

3. Eligibility

The UZURV Platform may only be used by individuals who can form legally binding contracts under applicable law. The UZURV Platform is not available to Users who have had their User account temporarily or permanently deactivated or suspended. You represent and warrant that you are at least 18 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 User 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.

To use the UZURV Platform, each User shall create a User account. Each person may only create one User account for each application on the UZURV Platform, and UZURV reserves the right to deactivate or permanently suspend any additional or duplicate accounts. Your participation in certain UZURV programs and use of certain UZURV services may be subject to additional eligibility requirements as determined by UZURV.

4. Relationship of the Parties (Providers and UZURV).

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 behalf of Providers, 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.

UZURV 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 Transportation Services. You retain the sole right to determine when and for how long you will utilize the UZURV Platform. You retain the option, via the UZURV Platform, to attempt to accept, decline, or ignore a User’s request for Transportation Services via the UZURV Platform, or to cancel an accepted request for Transportation Services via UZURV Platform, subject to UZURV’s then current cancellation policies.

You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain these complete rights: (i) to use other software application services in addition to the UZURV Platform; and (ii) to engage in any other occupation or business.

At any time at UZURV’s sole discretion, UZURV retains the right to deactivate or otherwise restrict you from accessing or using the UZURV Platform in the event of a violation of this Agreement, your disparagement of UZURV or any of its Affiliates, your act or omission that causes harm to UZURV or its Affiliates’ brand, reputation or business as determined by UZURV in its sole discretion, or for any other reason at the reasonable discretion of UZURV.

You hereby represent and warrant the following: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement.

5. Your Relationship with Users (Providers and Riders).

You acknowledge and agree that your provision of Transportation Services to Riders creates a direct business relationship between you and the Rider. UZURV is not responsible or liable for the actions or inactions of a Rider in relation to your activities or your vehicle. You shall have the sole responsibility for any obligations or liabilities to Riders 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 Rider or third party. You acknowledge and agree that UZURV may release your contact and/or insurance information to a Rider upon such Rider’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 Rider and any individuals authorized by such Rider, during the performance of Transportation Services for such Rider. You acknowledge and agree that all riders should be transported directly to their specified destination, as directed by the applicable Rider, without unauthorized interruption or unauthorized stops.

6. Location Based Services

a. Provider

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 UZURV obtains location information when you are logged on to the UZURV Platform, are enroute to a pickup, or when you are providing Transportation Services on the UZURV Platform. The UZURV Platform accesses your location even when the app is closed. This feature allows the app to maintain ride tracking in the event the app is closed during an active trip for rider and provider safety,as well as to monitor safe driving behavior. You agree to have your telematics information passed to our telematics provider. Other than the telematics partner, we will not pass this information to any other third party for any marketing purposes; nor will UZURV share any information outside of the organization or our telematics partner except when applicable by law; finally, the approximate location of your vehicle may be displayed to the User who has contracted for your transportation service before and during the provision of Transportation Services to such User.

b. Rider

You acknowledge and agree that UZURV obtains location information when you are logged on to the UZURV Platform, and when you are receiving Transportation Services on the UZURV Platform. The UZURV Platform accesses your location even when the app is closed. By so doing, the app maintains ride tracking even in the event the app is closed during an active trip and thereby allows for further rider and provider safety.

7. Telematics (Provider)

The UZURV Platform utilizes a telematics system to track vehicle location and to monitor vehicle and driving performance when you are operating on the UZURV Platform. 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 on to the UZURV Platform, are enroute to a pickup, 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.

8. Fees and Other Charges (Rider)

As a Rider, you understand that a contract offer for or use of Transportation Services may result in charges (“Charges”) to you and/or to an organization. Charges to Riders and/or organizations for Transportation Services include Fares (defined below) and other applicable fees, tolls, surcharges, and taxes. Fares are set forth on the UZURV Programs page, In addition, UZURV will at all times provide a “not-to-exceed” Estimated Fare as described below.

FARES:

When you offer a contract for Transportation Services using the UZURV Platform, UZURV will quote you an Estimated Fare at the time of your request. The Estimated Fare is based on an estimate of the travel distance and duration calculated using mapping technology. The Estimated Fare is subject to change until the Transportation Services contract is confirmed by you.

The Final Fare is calculated when the transportation services have been provided based on actual miles and minutes traveled. The Final Fare will not exceed the Estimated Fare unless the contracted services are substantially changed by you during the course of the Transportation Services provision. The Final Fare is charged on completion of the Transportation Services.

You are responsible for reviewing the applicable fares and fees on the UZURV Programs page for price quoting within the UZURV Platform. You shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Transportation Service Fees and Other Charges.

Cancellation Fee. After requesting Transportation Services you may cancel your request through the UZURV Platform, but note that in certain cases a cancellation fee may apply. UZURV may also charge a fee if you fail to show up after requesting transportation services. To learn more about UZURV’s rider cancellation policy please visit the UZURV Programs page.
Tolls. In some instances tolls, toll estimates, or return tolls may apply to your ride. Please see the UZURV Programs page for more information about toll charges.
Other Charges. Other fees and surcharges may apply to your ride, including, but not limited to the following: actual or anticipated airport fees; state fees; local fees; fuel surcharges; or wait time fees. In addition, where required by law,UZURV will collect applicable taxes. Please see the UZURV Programs page for more information.

Facilitation of Charges

All Charges are facilitated through a third-party payment processor. UZURV may replace its third-party payment processor without notice to you. Your payment of Fares to UZURV satisfies your payment obligation for your use of the UZURV Platform, and Transportation Services. If your primary payment method expires, is invalid, or if charges to your primary payment method are unable to be processed for whatever reason, then you agree that UZURV may charge your other available payment methods in the UZURV Platform. If you don’t recognize a transaction, then check your ride receipts and payment history.

9. Provider Payments

UZURV’s platform matches Transportation Services Contracts to Eligible Providers. To be “Eligible” for a contract opportunity, Providers use the UZURV platform to provide proof of eligibility for the contractual requirements. An Eligible Provider on the UZURV Platform can review and express interest in available contracts for provision of Transportation Services for which they have confirmed Eligibility. Available contracts, including an estimated payment for completion of the offered contract (“Estimated Fare”), are displayed to Providers who have provided appropriate proof of eligibility to perform the services required by the contract.

An eligible Provider may express interest in available contracts, and if the Provider’s services and eligibility meet the needs of the contract, may be awarded the contract by the Platform (“Paired” with the contract as the contracted Transportation Service Provider).

Provider will receive payment for your provision of an awarded Transportation Services contract pursuant to the terms set out below.

Provider Fare

Providers are entitled to a Fare for the Transportation Services contracts completed after they express interest and are awarded when Paired with the contract by the Platform.

For each Transportation Service Contract on the Platform, an “Estimated Fare” is provided in advance, disclosing the estimated fare to you as a Provider in Advance of your expressing interest in any individual Transportation Services contract available to you on the UZURV Platform.

As a Provider, by Expressing Interest in a transportation services contract on the platform you agree to complete the Transportation Services as specified according to the terms of the Contracted Transportation Service if you are awarded the contract by the UZURV Platform. You have the ability to cancel your offer to perform Transportation Services according to the rules of the contract and UZURV terms of service.

As a Provider, you understand and agree that the Estimated Fare displayed on the Platform is based on an estimate of the expected time and distance for trip completion calculated by the UZURV platform to provide the estimated fare. The estimate is used to provide a reasonable estimate and expectation of the value of the Fare for the contract.

You will be paid an “Actual Fare”, not the “Estimated Fare”. The Actual Fare paid for the Transportation service will be the “Estimated Fare” adjusted for variation in time and distance due to real world conditions.

By expressing interest in a Transportation Services Contract on the UZURV Platform you explicitly agree to be paid an actual fare that may be higher or lower than the original estimate to which you expressed interest.

You specifically acknowledge your acceptance that the Estimated Fare may be different from the Actual Fare after it has been adjusted according to real world conditions, which may include but are not limited to variations in the time required to complete the Transportation Service, the Distance traveled to complete the Transportation Service, additional incentives applied to a contract to increase demand for a particular contract, fees assessed according to the UZURV Platform policies for cancellation, etc…

Actual Fares may be the same, lower, or higher than the Estimated Fare. You explicitly agree that your use of the UZURV Platform to express interest in Transportation Services contracts based on the Estimated Fare and subsequent payment of the Actual Fare is a fully disclosed mechanism of the UZURV Platform, and that your use of the UZURV Platform to express interest in Transportation Services Contracts is made with full awareness and acceptance of the estimate to actual faring. You are under no obligation to use the UZURV Platform to express interest in Transportation Services Contracts, and you acknowledge that your choice to do so is of your own free will.

You agree to abide by the Cancellation and no-show fee policy for Providers performing Transportation Services Contracts on the UZURV Platform.

UZURV estimated rates may not be set or available to you until you are an approved provider, and you agree UZURV makes no representation or warranties concerning the rate amounts.
Fares are subject to change at UZURV’s discretion. Fare Estimates will be updated based on changes to Fares, and will reflect the current estimated fare for each Transportation Services Contract on the UZURV Platform. By continuing to use the UZURV Platform and/or Expressing Interest in Contracts available on the UZURV Platform, you affirm you accept these changes.

Additional Payments to You

In addition to the Provider Fare, you may receive additional payments, if applicable, including the following: (i) any tips provided by a Rider to you, (ii) any surcharges we collect for remittance to you, (iii) any tolls, damage, or similar charges we collect on your behalf, and (iv) any bonuses, incentives, or other payments you earn based on your provision of Transportation Services.

Payments, Adjustments and Settlement

UZURV will collect payments owed to you by Users as your limited payment collection agent and you agree that the receipt of such payments by UZURV satisfies the payer’s obligation to you. UZURV reserves the right to adjust or withhold all or a portion of a Driver Fare or other payment owed to you (except tips and except where prohibited by law or contract) (i) if we believe that you have attempted to defraud or abuse Users, UZURV, or UZURV’s payment systems, (ii) in order to resolve a User complaint (e.g., you took an inefficient route, did not perform the services according to the requirements of the transportation services contract, or failed to properly end a particular instance of Transportation Services in the UZURV application when the ride was over), or (iii) if you end a ride at a location that is different than the destination for which you were contracted. UZURV’s decision to adjust or withhold the Provider Driver Fare or other payment in any way shall be exercised in a reasonable manner. We will use reasonable efforts to ensure that your Driver Fare and any other payments to you will be paid to you on at least a weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.

Receipts

As part of the provision of Transportation Services, UZURV provides a system for the delivery of receipts to Users for Transportation Services rendered. Upon your completion of Transportation Services for a User, UZURV prepares an applicable receipt and issues such receipt to the User via email on your behalf. Such receipts are also provided to you via email or online portal. Receipts include the breakdown of amounts charged to the User for Transportation Services and may include specific information about you, including your name, contact information and photo, as well as a map of the route you took. Any corrections to a User’s receipt for Transportation Services must be submitted to UZURV in writing within three (3) business days after the completion of such Transportation Services. Absent such a notice, UZURV shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Fare.

10. UZURV Communications

By becoming a User, you agree to receive communications from UZURV 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 Platform or Transportation Services, updates concerning new and existing features on the UZURV Platform, 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 Platform or the Transportation Services.

FOR SERVICE SUPPORT OR ASSISTANCE, PLEASE VISIT UZURV Support.

11. Privacy Policy

Your Information is any information you provide, publish or post to or through the UZURV Platform (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, X or other social media posting). You consent to UZURV using your Information to create a User account that will allow you to use the UZURV Platform and participate in the Transportation Services. Our collection and use of personal information in connection with the UZURV Platform and Transportation Services is as provided in UZURV’s 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 so 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.

12. Disclosure of Your Information

Subject to applicable law and regulation, UZURV and its Affiliates may be required to provide to you, a User, an insurance company and/or relevant authorities and/or regulatory agencies any information including personal information (e.g., information obtained about you through any background check) and any Company Data about you or any Transportation Services provided hereunder: (a) if there is a complaint, dispute or conflict, including an accident, between you and a User; (b) if it is necessary to enforce the terms of this Agreement; (c) if it is required, in UZURV’s or any Affiliate’s sole discretion, by applicable law or regulatory requirements (e.g., UZURV or its Affiliates receive a subpoena, warrant, or other legal process for information); or (d) if it is necessary, in UZURV’s or any Affiliate’s sole discretion, to protect the safety, rights, property or security of Company or its Affiliates, the UZURV Platform or any third party; to protect the safety of the public for any reason; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity UZURV or its Affiliates, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity).

Information provided by you and collected about you may be transferred or accessed by UZURV and its Affiliates around the world, including in jurisdictions that may have less protective privacy laws than the United States. UZURV and its Affiliates located in the U.S. abide by the Safe Harbor frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. You expressly consent to UZURV and its Affiliates’ use of location-based services and you expressly waive and release UZURV and its Affiliates from any and all liability, claims, causes of action or damages arising from your use of the UZURV Platform, or in any way relating to the use of the geo-location and other location-based services.
UZURV and its Affiliates may collect your personal data during the course of your application for, and use of, the UZURV Platform, which information may be stored, processed, and accessed by UZURV and its Affiliates for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with UZURV’s and its Affiliates’ legitimate business needs. You expressly consent to such use of personal data.

13. 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 Platform, UZURV Content, or User Content, and/or your performance of the Transportation Services. In connection with your use of the UZURV Platform, UZURV Content or User Content, you agree that all contracts for Transportation Services on the UZURV platform require the following standards of conduct and to meet the contractual obligations to offer your Transportation Services on the UZURV platform you will not act as follows:

use the UZURV Platform, 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 Platform, to provide or use the Transportation Services;
use the UZURV Platform, UZURV Content or User Content, to find or contact a User and then complete a ride independent of the UZURV Platform, in order to circumvent the obligation to pay any fees related to UZURV‘s provision of the Transportation Services or for any other reason;
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 UZURV Platform or the servers or networks connected to the UZURV Platform;
post information or interact on the UZURV Platform, UZURV Services, Third-Party Services, or Transportation Services in a manner which is
fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the UZURV 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 the UZURV Platform or 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 UZURV Platform;
“frame” or “mirror” any part of the UZURV 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 website for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the UZURV Platform;
rent, lease, lend, sell, resell, redistribute, assign, license or sublicense the UZURV Platform or access to any portion of the UZURV Platform to any other party in any way;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the UZURV Platform, or in any way reproduce or circumvent the navigational structure or presentation of the UZURV Platform or its contents;
launch or cause to be launched on or in connection with the UZURV Platform an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the UZURV Platform;
attempt to gain unauthorized access to the UZURV Platform or its related systems or networks;
design or develop a competitive or substantially similar product or service;
link directly or indirectly to any other websites;
transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;
use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the UZURV Platform;
send spam or otherwise duplicative or unsolicited messages;
knowingly attempt to obtain another User account under the same or different name, for your use of applications or Transportation Services on the UZURV platform;
discriminate against or harass anyone on the basis of Riders or Drivers race, creed, religion, citizenship, immigration status, national origin, sensory, physical or mental disability, medical condition, sexual orientation, sex, marital status, gender identity or expression, age, or accessibility requirements, veteran or military status, Rider’s geographic departure point or destination, or any other characteristic protected under applicable federal or state law;
commercialize the Transportation Services, or our U c ZURV Services without an agreement directly with UZURV;
misuse or abuse the Transportation Services, or our UZURV Services in violation of eligibility requirements as determined by UZURV;
violate UZURV’s Policy Against Sexual Assault, Misconduct, and Harassment;
circumvent any measures implemented by UZURV to prevent or address violations of this Agreement; or
cause any third party to engage in the restricted activities above.

14. Personal Relationships

All UZURV client contracts contain strict requirements regarding relationships between drivers and riders. In order to comply with these contracts drivers and riders must adhere to the following guidelines regarding relationships with each other:

No Personal Relationships: Users are prohibited from engaging in personal relationships with other users that extend beyond a professional context.
Professional Conduct: All interactions between users must remain professional at all times. Personal matters should not be discussed, and personal contact information should not be exchanged.
Conflict of Interest: If a pre-existing personal relationship with a user exists or if such a relationship develops, it must be disclosed immediately to UZURV support. Appropriate measures will be taken to ensure users are not matched with one another to avoid conflicts of interest.

15. 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 all appropriate authorities and to UZURV through our support@uzurv.com.

16. Protected Health Information / Personally Identifiable Information.

You may receive information through the UZURV Platform 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 Provider 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 understand the requirements regarding the safeguarding of protected health information under this law.

17. Confidentiality

Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party (“Confidential Information”). Confidential Information includes Company Data, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.

Each party acknowledges and agrees that (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers (“Permitted Persons”) as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Company, its internal record-keeping requirements).

Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

18. Provider Acknowledgements & Agreements

By providing Transportation Services as a Provider on the UZURV Platform, you acknowledge and agree to the following:

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 programs 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 according to each contract requirements 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 UZURV Platform if you fail to meet the requirements set forth in this Agreement.
You are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan.
Use of the UZURV Platform on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense.
Use of the UZURV Platform on Your Device as an interface with Transportation Services may consume very large amounts of data through the data plan. UZURV shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan.
You will not use a handheld device while driving, beyond what is necessary for the provision of transportation services, and shall only use the device in hands-free mode.
Your vehicle shall at all times be:
- properly registered to operate as a passenger transportation vehicle in the area of service;
- owned or leased by you, or otherwise in your lawful possession;
- suitable for performing the passenger transportation services contemplated by this Agreement and as required according to the terms of each Transportation Services contract,and;
- 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 area of service or for program requirements for each specific transportation service contract;
- in a clean and sanitary condition and free from offensive odors and 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 provider while providing a transportation services contract or while you are logged on to UZURV Platform as a provider 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 a vehicle that has been reported to, and approved by UZURV, and for which supporting documentation has been provided to UZURV via the UZURV Platform, 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 Platform, the Transportation Services or your status as a Provider.
You will not attempt to defraud UZURV or other Users on the UZURV Platform 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 provider 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 on all Vehicles operated by you under this Agreement (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 agree to provide UZURV and its Affiliates a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required upon request. Furthermore, you must provide UZURV with written notice of cancellation of any insurance policy required by UZURV. UZURV shall have no right to control your selection or maintenance of your policy. You must, at all times, be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this section.
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 while logged onto the UZURV Platform.
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 Platform, 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 provider 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 Provider is logged onto the UZURV Platform 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 provider is logged onto the UZURV Platform 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 provider is logged onto the Platform 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 the UZURV Platform.
You will not coerce Riders or their caregivers to make changes to accommodate your needs as a Provider.
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 are required to immediately report any accident or incident that occurs while providing Transportation Services on the UZURV Platform to both the appropriate authorities and to UZURV through the UZURV platform and to cooperate and provide all necessary information related thereto.
In the event of an incident giving rise to personal injury or property damage, a Provider shall furnish insurance coverage information to directly interested parties, automobile insurers and law enforcement. Upon request, a Provider shall disclose to directly interested parties, automobile drivers, automobile insurers and law enforcement whether the Provider was performing transportation services at the time of the incident.
In order to qualify to provide rides for certain Riders as specified by the qualifications required to perform Transportations Services according to the terms of the contract, 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.
Hours of service: a Provider shall follow state or local provisions regarding the amount of time a Provider is allowed to utilize UZURV’s digital platform within a 24-hour period, as provided in the regulations of the jurisdiction where services are being provided. In accordance with the laws of the State of California, if Provider performs Transportation Services in the State of California, Provider may not perform Transportation Services for more than 12 hours in any 24-hour period without a rest period of at least 6 straight hours during which no Transportation Services are performed and Provider is otherwise not logged into the Platform.
Provider agrees to review and abide by the UZURV Anti-Discrimination and Anti-Harassment Policy.
Provider agrees to review and abide by the UZURV Zero Tolerance Alcohol and Drug Policy.
In accordance with the laws of the State of California, if Provider performs Transportation Services in the State of California, Provider must undertake mandatory safety training as directed by UZURV.
In accordance with the laws of the State of California, if Provider performs Transportation Services in the State of California, Provider is eligible for certain healthcare subsidies. Please contact [email address] for more information.
Provider shall comply with all laws and regulations.

Documentation.

To ensure your compliance with all requirements above, you must provide UZURV with copies or other evidence satisfactory to UZURV 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 copies or other evidence satisfactory to UZURV 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.

19. Other UZURV Policies

Non-Discrimination.

UZURV seeks to ensure that safe, reliable, and high-quality transportation services are available to everyone. Therefore, UZURV Holdings, Inc. and its affiliates including 360 Care LLC, prohibit discrimination against anyone based on race, creed, color, ancestry, genetic information, religion, national origin, physical or mental disability, medical condition, sexual orientation, sex, marital status, gender, gender identity or expression, age, accessibility requirements, Rider’s geographic departure point or destination, military or veteran status, 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. Anyone found to have violated this prohibition will lose access to UZURV’s platform and services.

Ownership.

The UZURV Platform 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 Platform, 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 Platform, or UZURV Content.

Neither this Agreement nor your use of the UZURV Platform conveys or grants to you any rights in or related to the UZURV Platform, except for the limited license granted above; or to use or reference in any manner UZURV, its Affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, services marks or other indicia of ownership.

UZURV 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 the UZURV Applications on a mobile device that you own or control and run such copy of the Applications solely for your own personal use. UZURV reserves all rights in the UZURV Applications 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 Platform, 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 Platform, 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 Platform, 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 Platform. 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 Platform 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 Platform 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.

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 Platform (“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.

20. Term and Termination

This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.

Termination.

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 User account immediately, without notice, with respect to you 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.
UZURV, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

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. iii.) agree not to attempt to return to the UZURV Platform under a new email, or false name or otherwise attempt to circumvent the 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 Platform, 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 Platform, including, but not limited to, any reviews or Feedback.

Any termination of this Agreement by UZURV is subject to Provider’s right to appeal such termination to the UZURV review board. Requests for appeal must be directed to support@uzurv.com within ten (10) business days. Upon timely submission of the appeal request, the review board will send Provider the appeal procedures.

21. Disclaimers

General.

If you choose to use the UZURV platform, transportation services, UZURV content, or user content, you do so at your sole risk. You acknowledge and agree that UZURV is not itself a transportation provider, and specifically not an emergency transportation provider and you agree you will not use the services if you have a medical emergency. You agree that any risk arising from your use of the UZURV platform remains solely with you.

The UZURV platform, 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 platform, 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, suitability, or availability 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 platform, or transportation services. no advice or information, whether oral or written, obtained from UZURV or through the UZURV platform, UZURV content or user content, will create any warranty not expressly made herein.

No service guarantee.

UZURV and its affiliates do not guarantee the availability or uptime of the UZURV platform. You acknowledge and agree that the UZURV platform may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the UZURV platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and UZURV and its affiliates are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

Interactions with users

Please note that, as stated above, the services are intended to be used to facilitate the connection of providers on the one hand, and riders on the other hand, for the purposes of arranging transportation with each other through the UZURV platform, but you agree that UZURV has no responsibility or liability to you related to any transportation provided by transportation providers other than as expressly set forth in this agreement. UZURV cannot and does not control the information or content contained in any listings (other than the arrangement and display of such content) and the condition, legality, safety, or suitability of any transportation. UZURV is not responsible for and disclaims any and all liability related to any and all listings and transportation. accordingly, any bookings and subsequent transportation will be made or accepted at a user’s own risk, and riders must satisfy themselves with any provider’s credentials, including but not limited to, insurance, licenses, and permits carried by such provider. In the event of an accident that may occur during a ride (or immediately before or after), you acknowledge that UZURV does not carry separate insurance for property damage or personal injury that might occur during the ride, and that you are relying on the insurance of the designated provider.

You acknowledge and agree that your ability to obtain transportation services through the use of the services does not establish UZURV as a provider of transportation services or as a transportation carrier. providers are not employees, partners, representatives, agents, joint venturers, or franchisees of UZURV. UZURV does not perform any obligations in connection with the transportation services to riders and does not employ providers to perform such obligations. users hereby acknowledge that UZURV does not supervise, direct, control or monitor a provider’s bookings or transportation but may monitor bookings made through the UZURV platform. The relationship between providers and UZURV are that of an independent contractor.
you understand that UZURV does not conduct criminal background checks on its users or evaluate the credentials of any user. UZURV also does not inquire into the backgrounds of its users or attempt to verify the statements of its users or programs or review vehicles or providers. UZURV makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. However, UZURV reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches) at any time and using available public records.

You are solely responsible for all of your communications and interactions with other users of the UZURV platform and with other persons with whom you communicate or interact as a result of your use of the UZURV platform or programs. You agree to take reasonable precautions in all communications and interactions with other users of the UZURV platform, or programs and with other persons with whom you communicate or interact as a result of your use of the UZURV platform 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.

22. 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 platform, UZURV content and user content, your requesting a ride via the UZURV platform, 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 platform, UZURV content, user content, or programs will be liable for any incidental, punitive, 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 platform, UZURV content or user content, from any communications, interactions or meetings with other users of the UZURV platform or programs or other persons with whom you communicate or interact as a result of your use of the UZURV platform, or your participation in other programs hereunder, or from your scheduling or acceptance of any ride via the UZURV platform, 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.

UZURV shall not be liable for any damages, liability or losses arising out of improper installation or use of assisted mobility accommodations for guests on rides requested through the services for whom an assisted mobility accommodation is required.

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 platform, UZURV content, and user content, including from the use of or inability to use the UZURV platform, UZURV content, user content and any program hereunder exceed the amounts you have paid or received via the UZURV platform 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.

23. State and Local Disclosures

Certain jurisdictions require additional disclosures to you, such as requirements for providers, earnings information, and where you can access UZURV’s certificates of insurance. You can view any disclosures required by your local jurisdiction at State Specific Terms. By accepting this Agreement, you acknowledge that UZURV has provided these disclosures to you and that you have read them. Please check regularly for updates.

Indemnification

You will indemnify and hold harmless and, at UZURV’s election, defend UZURV including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees), damages, penalties, fines, social contributions and taxes, relating to or arising out of your use of the UZURV Platform, or UZURV Services, and participation in the Transportation 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 or Information that you submit to us or transmit through the UZURV Platform or to us infringes, misappropriates, or otherwise violates 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 Transportation Services as a Driver; and/or (5) any other activities in connection with the UZURV Platform, UZURV Services, or Transportation Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without UZURV’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

Entire Agreement.

These terms of service constitute the entire and exclusive understanding and agreement between UZURV and you regarding the UZURV Platform, UZURV Content, User Content or other Programs and listings made via the UZURV Platform, and these terms supersede and replace any and all prior oral or written understandings or agreements between UZURV and you regarding the UZURV Platform, UZURV Content, User Content or other Program hereunder. In the event of a conflict, the State Specific provisions of this Agreement shall govern.

25. Provisions

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 Platform. 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 Platform, 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/provider-terms-conditions/. 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 Platform, or downloading, installing or using the UZURV Platform, 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 Platform after any such changes shall constitute your consent to such changes. By continuing to access or use the UZURV Platform 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 Platform. 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.

Supplemental Terms.

Supplemental terms may apply to your use of the 360 Care Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.

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.

26. Arbitration

Please read this section (the “Arbitration Provision”) carefully. It is part of your contract with UZURV and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

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.

Waiver of Jury Trial.

YOU AND UZURV HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and UZURV are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Provision, except as specified in this Section 25. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief.

YOU AND UZURV AGREE THAT, EXCEPT AS SPECIFIED IN THIS ARBITRATION PROVISION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. Subject to this Arbitration Provision, 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 the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under this Arbitration Provision. Notwithstanding anything to the contrary in this Arbitration Provision, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and UZURV agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Virginia. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or UZURV from participating in a class-wide settlement of claims.

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.

Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, you and UZURV agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against UZURV by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by UZURV.

You and UZURV agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

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.

27. General

This Agreement shall be governed by the laws of the State of Virginia without regard to choice of law principles. This choice of law provision is only intended to specify the use of Virginia law to interpret this Agreement and is not intended to create any other substantive right to non-Virginians to assert claims under Virginia 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 UZURV, in our sole discretion by providing notice to you. You may not assign this Agreement without UZURV’s prior written approval. Any purported assignment by you in violation of this Section 21 shall be void. Except as explicitly stated otherwise, any notices to UZURV shall be given by certified mail, postage prepaid and return receipt requested to UZURV, Inc., 413 Stuart Circle, Suite 100, Richmond, VA 23220. Any notices to you shall be provided to you through the UZURV Platform or given to you via the email address or physical address you provide to UZURV 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, any such waiver shall be in writing. This Agreement sets forth the entire understanding and agreement between you and UZURV 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 UZURV Platform, UZURV Services, or Transportation Services, please contact us through our Support Center.

STATE-SPECIFIC REQUIREMENTS:

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