UZURV Terms of Service
Last Updated: September 28, 2026
These UZURV Terms of Service and the documents incorporated by reference herein (collectively, the “Agreement”) constitute a legal agreement between you and UZURV Holdings, Inc., its affiliates, subsidiaries, and assigns, which becomes binding and effective when you accept them by downloading, installing, creating an account on, or using the UZURV Platform; receiving the UZURV Services or Transportation coordinated through the UZURV Services or the UZURV Platform; signing a contract or performing any activities pursuant to a contract incorporating these Terms of Service by reference; or through any other action indicating acceptance of this Agreement by you or on your behalf. If you do not agree to the terms and conditions in this Agreement, do not access or use the UZURV Services or the UZURV Platform. Capitalized terms used throughout the Agreement have the meanings provided in this Agreement, including the definitions in Section Q.
A. Arbitration Agreement
IMPORTANT: THIS SECTION CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES YOU TO SUBMIT ALL OF YOUR CLAIMS AND DISPUTES AGAINST UZURV TO FINAL AND BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY.
You agree that you are required to resolve any dispute or claim that you may have against UZURV in binding arbitration, including but not limited to those arising out of, regarding, or related to this Agreement, the UZURV Services, the UZURV Platform, Transportation, and/or any other subject addressed by this Agreement. You agree that any such dispute or claim will be decided by the arbitrator (not a judge or jury), and you expressly waive any right you may have to a jury trial. You acknowledge and agree that the arbitrator’s decision will be final and binding on you.
Arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its applicable arbitration rules and procedures. You agree to comply with the AAA arbitration rules and procedures, as well as the terms and conditions contained in this Agreement. If you only use the UZURV Services for personal, family, or household purposes, then subject to any modifications or requirements contained in this Agreement, the then-current version of the AAA’s Consumer Arbitration Rules shall apply; otherwise, the then-current version of the AAA’s Commercial Arbitration Rules apply subject to any modifications or requirements contained in this Agreement. The AAA arbitrator shall be selected based on mutual agreement between you and UZURV. The AAA arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted, or a retired federal or state judge who previously presided in the jurisdiction where the arbitration will be conducted. If you and UZURV are unable to mutually agree on an arbitrator, then an arbitrator meeting the requirements stated herein will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by the AAA.
If you do not wish to be subject to the arbitration requirements set forth in this Agreement, you may opt out by delivering a signed letter to UZURV within 30 days of the date you entered into this Agreement with UZURV that contains the following information: (1) your full name; (2) your contact information, including your physical address, email address, and phone number; and (3) a statement clearly indicating your decision to opt out of arbitration. Your letter must be sent to UZURV by U.S. Mail or by a nationally recognized delivery service (e.g. UPS or Federal Express) to the following address: UZURV Holdings, Inc., Attn: General Counsel, 700 E. Main St., Box 1106 Richmond, VA 23219. If you do not send an arbitration opt out letter to UZURV in accordance with these requirements, you are agreeing to comply with the arbitration provisions contained in this Agreement.
B. The UZURV Services
(1) Transportation Coordination Services. UZURV is a Transportation Network Company that provides Users with access to and use of the UZURV Platform subject to the terms and conditions of this Agreement. Through the UZURV Services and/or the UZURV Platform, a Rider requesting Transportation may be connected with a Driver that agrees to provide the requested Transportation to the Rider. The UZURV Services do not include providing Transportation to Riders. Any decision by a Rider to request Transportation and any decision by a Driver to accept a Rider’s request for Transportation is made in each respective individual’s sole discretion. Likewise, each Driver independently determines how to perform the Transportation for each Rider.
(2) The UZURV Platform Limited License. Subject to this Agreement, UZURV grants you a non-exclusive, non-sublicensable, and non-transferable right to access and use the UZURV Platform on a Software-as-a-Service basis, solely to receive the UZURV Services during the term of this Agreement. You irrevocably acknowledge that, except for the limited license granted herein, you have no ownership or other interest in the UZURV Platform or any related equipment, software, documents, or materials provided by UZURV. UZURV owns all right, title, and interest in the UZURV Platform, and UZURV reserves all rights not specifically granted herein. The UZURV Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. All trademarks, service marks, logos, trade names and any other proprietary designations of UZURV used in connection with the UZURV Services or the UZURV Platform are the 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. In no event will you: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the UZURV Platform; (ii) modify, translate or create derivative works based on the UZURV Platform; (iii) copy, sell, rent, lease, distribute, pledge, assign or otherwise transfer the UZURV Platform, or allow any lien, security interest or other encumbrance on the UZURV Platform; (iv) hack, manipulate, infect with a computer virus or other malicious code, damage, destroy, interfere with, or disrupt the integrity or performance of or otherwise attempt to gain unauthorized access to the UZURV Platform or its related systems, hardware, networks, or any data, information, or technology stored or incorporated in any of the foregoing; (v) “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; (vi) use any robot, spider, crawler, indexer, bot, 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; or (vii) remove, alter, or obscure any marks, proprietary notices, headers, labels, or other identifiers of UZURV or any of its third party licensors on the UZURV Platform. You represent and warrant that: (i) you will use your best efforts to prevent unauthorized access to or use of the UZURV Platform (including but not limited to refraining from sharing your User ID and password with unauthorized individuals) and you will promptly notify UZURV of any such unauthorized use and access that you become aware of or reasonably suspect; (ii) you will use the UZURV Platform only in accordance with the documentation and instructions provided by UZURV, and (iii) you will access and use the UZRUV Platform in compliance with applicable laws and regulations.
From time to time, you may provide suggestions, comments, or ideas for enhancements, functionality, or other feedback to UZURV with respect to the UZURV Platform or the UZURV Services. UZURV has full discretion to determine whether to proceed with development of the requested enhancements, features or functionality, and UZURV shall own all right, title, and interest to any such developments to the UZURV Platform or the UZURV Services made by or on behalf of UZURV in response to any such feedback.
You acknowledge and agree that any violation of this Agreement regarding the UZURV Platform or any of UZURV’s intellectual property rights will cause irreparable harm and injury to UZURV for which there is no adequate remedy at law. In addition to all other remedies that may be available to UZURV, you agree that UZURV will be entitled to immediate injunctive relief from a state or federal court of competent jurisdiction in the event the UZURV Platform is accessed or used in violation of this Agreement.
(3) User Responsibilities & Conduct. You understand and agree that you are solely responsible for your compliance with all laws, rules, regulations, transit authority program requirements, and tax obligations arising out of or relating to your activities under this Agreement. You will not use the UZURV Services or the UZURV Platform unless you meet all applicable legal, regulatory, and local transit program requirements. You will not attempt to circumvent any of the requirements of this Agreement, including for example: (i) submitting false or misleading information to create an Account or gain access to the UZURV Platform, or (ii) using contacts you obtained through the UZURV Services outside of the UZURV Platform in order to circumvent payment or other obligations. You will not use the UZURV Services or the UZURV Platform in a harmful, harassing, or malicious way, or in a manner that violates any law or regulation, including but not limited to: (a) providing false or misleading information; (b) impersonating any other person or entity; (c) stalking, threatening, or assaulting any person; (d) sending libelous, slanderous, abusive, obscene, profane, sexually explicit, or illegal communications; (e) discriminating against another individual in violation of the law; (f) infringing or violating any party’s intellectual property rights, including patent, copyright, trademark, and trade secrets.
You agree to comply with the UZURV policies, procedures, and requirements (which may be amended by UZURV from time to time) posted on UZURV’s website (at https://uzurv.com/uzurv-terms-and-policies/) or made available through the UZURV Platform.
C. User Accounts
To access and use the UZURV Services and the UZURV Platform, each User must register for and maintain an active User account (“Account”) or be the recipient of subsidized transportation services from an active User. Individuals must be at least 18 years of age (or the age of legal majority in your jurisdiction) to obtain an Account. You agree to provide UZURV with accurate information when you open your Account, and you are responsible for keeping your Account information up to date while it is open. Account registration may require you to submit certain personal information, including but not limited to your name, date of birth, home or other physical address, email address, mobile telephone number, and payment information. You understand that UZURV may rely upon, use, and/or share your Account information to provide the UZURV Services and for other legal, regulatory compliance, insurance, or contract performance purposes. In addition, you authorize your wireless phone/mobile device carrier to use and disclose information about your account and your device to UZURV or its service providers for the purpose of identifying you or your device, to prevent fraud, and for other legal compliance purposes. UZURV may refuse to open an Account or may suspend or close your Account if you are unable to provide the requested information, if UZURV is unable to verify your identity or age, or if you violate (or are reasonably suspected of violating) the terms and conditions in this Agreement or applicable laws or regulations. Your use of the UZURV Platform or participation in certain UZURV Services may be subject to additional eligibility or legal requirements, including but not limited to a government agency’s or local transit authority’s requirements.
Each User may only create one User account, and you may not allow other individuals to use your Account without UZURV’s prior written authorization. UZURV reserves the right to deactivate or delete duplicate accounts. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and confidentiality of your Account credentials at all times. You cannot register for or maintain an Account if you have previously been banned from accessing or using the UZURV Platform or UZURV Services.
*UZURV’s Privacy Policy is incorporated by reference and made part of this Agreement. Please review it carefully because it contains additional provisions regarding how your information may be collected, used, shared, or otherwise processed.
D. Communications
(1) UZURV’s Communications with Users. You agree to receive communications from UZURV regarding or relating to this Agreement, the UZURV Services, the UZURV Platform, and any Transportation, including but not limited to emails, text messages, or calls to the contact information you have provided, and in-app communications and push notifications to the devices you install, access, or use the UZURV Platform on. Message and data rates may apply. Some messages you receive may be prerecorded or automated messages or other communications generated or sent by automatic telephone dialing systems. Communications may be recorded, monitored, and retained by or on behalf of UZURV for quality assurance, legal compliance, and other permitted purposes. Unless an applicable law requires a different method, you agree to receive legal notices and disclosures from UZURV through the UZURV Platform, or through the most current email address associated with your Account, and such notices and disclosures shall be deemed to be received by you when they are sent by UZURV as described herein.
Communications from UZURV may include marketing, advertising, or promotional materials for UZURV or UZURV’s third-party partners. If you wish to opt out of UZURV’s marketing, advertising, or promotional communications, you can unsubscribe by following the unsubscribe options contained in the message, or contacting UZURV support at [email protected]. You are not required to consent to receive UZURV’s marketing, advertising, or promotional communications as a condition of using the UZURV Services or the UZURV Platform.
If you provide the information of a third party on whose behalf you use the UZURV Services or UZURV Platform, you represent that you have obtained that third party’s consent, acknowledgement, and agreement: (1) to share that third party’s information with UZURV; (2) to allow UZURV to retain, use, and further share such information in accordance with the terms and conditions of this Agreement and UZURV’s Privacy Policy; and (3) the third party will be bound by and comply with the terms and conditions of this Agreement.
You are solely responsible for all of your own communications with other Users of the UZURV Services, the UZURV Platform, and/or Transportation related activities, including your compliance with applicable laws and regulations.
(2) Driver Communications. Drivers agree to communicate Transportation-related data and information to UZURV through the UZURV Platform, including but not limited to their real-time location information (including GPS or other precise geolocation information) gathered with or stored on the Driver’s mobile device; Driver’s communications with a Rider; dashcam or other portable device audio/video recordings; and notes, feedback, or accident/incident reports concerning the Transportation. Drivers may only communicate with Riders through the UZURV Platform, and such communications should be limited to discussions about Transportation. Drivers acknowledge and agree that UZURV may share the aforementioned information with Riders in connection with Transportation coordinated pursuant to this Agreement.
(3) Rider Communications. Riders agree to communicate Transportation-related data and information to UZURV through the UZURV Platform, including but not limited to their real-time location information (including GPS or other precise geolocation information) gathered with or stored on the Rider’s mobile device; Rider’s communications with a Driver or UZURV; and notes, feedback, or accident/incident reports concerning the Transportation. Riders acknowledge and understand that they may be able to limit or disable the communication of certain information to UZURV by changing settings in their UZURV Platform application and/or in their device, and that such changes may negatively impact the UZURV Services being provided to the Rider.
*Please review UZURV’s Privacy Policy carefully because it contains additional provisions regarding how your information may be collected, used, shared, or otherwise processed.
E. Fees, Billing, and Payment
(1) Riders. Your use of the UZURV Platform to coordinate and receive Transportation from a Driver will result in charges to you for the UZURV Services and the Transportation you received or that were made available at your request (collectively, the “Fees”). The Fees may include a charge for the UZURV Services, Transportation charges, and any other applicable charges such as cancellation or no-show fees, taxes, tolls, or surcharges. Any estimates of Fees provided to you are subject to adjustment by us, based upon the actual miles and minutes traveled, chargeable costs and expenses incurred, and any other factors that may affect the cost of the UZURV Services and/or Transportation. You agree to pay UZURV all Fees you incur in connection with this Agreement. Please note that UZURV may collect your payment of Transportation and related charges on the Driver’s behalf as a limited payment collection agent, and payment of these charges shall be considered the same as payment made directly by you to the Driver. The Fees paid by you are final and non-refundable. If you wish to request a correction to a Fee amount, please contact UZURV’s support at [email protected] within 30 days after the date the Fee was incurred. Otherwise, UZURV will have no further responsibility and you waive your right to later dispute the Fee and related transaction. When you add a payment method to your Account, you authorize UZURV and its payment service providers to collect and store your payment method information, and to charge any of your payment methods the Fees you owe under this Agreement. We reserve the right to decline, refuse, or limit the use of any payment methods that we believe may be unauthorized, fraudulent, or illegal, or may violate our policies or procedures.
UZURV may share information with a third party (or its designated representative) that has agreed to pay all or a portion of the Fees, including but not limited to your Account information; your Transportation-related information such as the date, time, pick up and drop off locations; Driver or Rider comments and feedback regarding the Transportation; Transportation audio or video recordings (if any); and reports of motor-vehicle accidents, incidents, injuries, altercations, or significant health-related events; and violations (or allegations of violations) of this Agreement. In the event the third party does not pay any portion of the Fees, you agree that you will remain primarily responsible for payment of the full amount of the Fees to UZURV.
(2) Drivers. UZURV will pay a Driver a fare for each Transportation the Driver successfully completed for a Rider. Prior to or around the time that a Driver accepts a Rider request for Transportation, UZURV may provide a Driver with an estimate of the fare payment amount the Driver will receive for successfully completing Transportation within the parameters and requirements of the requested Transportation, taking into account various factors including but not limited to the pickup time and location, the drop off time and location, the total distance traveled, and the estimated amount of travel time. The actual fare that UZURV ultimately pays a Driver may differ from the estimated fare for a variety of reasons, including but not limited to changing real world conditions which impact one or more of the factors that were used to calculate the estimated fare such as changing traffic patterns, detours, motor vehicle accidents, or Rider no-shows. As a Driver, you acknowledge and agree that estimated fares are not binding on UZURV, and that UZURV may, in consideration of the totality of the circumstances, adjust the actual fare you are paid. In addition to the actual fare, you may receive payment for one or more of the following to the extent applicable to the particular Transportation: (a) any surcharges we collect for remittance to you; (b) any tolls or similar charges we collect on your behalf; and (c) any UZURV bonus, incentive, or promotional program payments that you qualify for in accordance with the applicable terms and conditions of such program.
UZURV will collect payments owed to you by Riders (or third parties paying on behalf of Riders, if applicable) as your limited payment collection agent, and you agree that the receipt of such payments by UZURV satisfies the Rider’s and/or third-party payer’s payment obligations to you. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that are required to be withheld by law. UZURV reserves the right to setoff, recoup, adjust, or withhold all or a portion of a fare or other payment to a Driver to resolve a complaint or dispute involving the Driver or Transportation provided by the Driver, including but not limited to a Driver’s failure (or alleged failure) to comply with these Terms of Service and any other applicable policies and procedures.
F. Driver Requirements
(1) Vehicle, Vehicle Equipment & Accessories. The Driver is responsible for all aspects of the vehicle necessary to provide the Transportation, including but not limited to: (a) having the legal right to use the vehicle for Transportation purposes; (b) vehicle registration; (c) fuel; (d) maintenance in accordance with the vehicle manufacturer’s recommendations, local transit authority requirements, and all applicable laws and regulations; (e) signage and other displays; and (f) proper installation and maintenance of vehicle equipment and accessories, including for example, mobile device mounts and power sources, and wheelchair ramps, lifts, and securement systems, and dashcam or other portable device audio/video recorders. Each Rider in a vehicle must be able to be securely seated in the vehicle throughout the duration of the Transportation (i.e. using a seatbelt or other legally permitted securement method). In no event may a Driver have more than three Riders in the vehicle at the same time.
A Driver must submit all of the vehicle documentation requested by UZURV prior to engaging in Transportation, and thereafter the Driver has an ongoing duty to keep all of its documentation accurate and up to date. A Driver may only provide Transportation using a vehicle if it has been approved by UZURV and continues to be up to date and in good standing according to UZURV’s records.
(2) Insurance. The Driver is responsible for obtaining and maintaining liability insurance coverage on each vehicle used to provide Transportation that includes the Driver as a named insured, that names or schedules the Driver for the operation of the vehicle to provide Transportation, and that includes coverage amounts that meet or exceed the requirements under applicable laws, regulations, and local transit authority program rules. As a Driver, you agree to provide UZURV with a copy of the insurance documents requested by UZURV, including but not limited to the insurance policy, insurance declarations, proof of insurance card, and proof of premium payments. You must also provide UZURV with a copy of a written notice of cancellation of any insurance policy regarding or relating to this Agreement or any Transportation.
(3) Mobile Device. Each Driver is responsible for the costs of obtaining and operating their mobile device (e.g. a cell phone and associated cell phone service/wireless data plan) that is compatible with the latest version of the UZURV Platform and properly equipped to continuously run all of the UZURV Platform features for Driver-related activities, including but not limited to communicating the Driver’s real time GPS/geolocation information and other Transportation-related data through the UZURV Platform. Each mobile device must have enough power to run the UZURV Platform application without interruption during each Transportation, and sufficient memory/storage space for all of the data collected, communicated, or processed during such Transportation.
(4) Driver Representations and Warranties. As a Driver, each time you accept a Rider’s request for Transportation, you are representing and warranting that the following statements are true:
- You possess the training, experience, and expertise to provide the Transportation to the Rider(s) in a professional, competent, courteous, and safe manner. You shall be solely responsible for determining the most effective, efficient, and safe manner to perform Transportation for a Rider.
- You have a valid driver’s license and any other licenses, permits, certifications, qualifications, and approvals necessary for you to provide the Transportation to the Rider(s).
- You will comply with all applicable traffic laws, rules, regulations, and local ordinances.
- You are medically fit to operate your vehicle. You will not engage in distracted, negligent, or reckless driving. You will not use alcohol or any other substances that may impair your ability to provide the Transportation in a safe manner.
- You acknowledge and agree that any communications between you and a Rider must be conducted through the UZURV Platform. You will not turn off, close, disable, tamper with, or attempt to circumvent any of the UZURV Platform data collection and communication features and systems in connection with your performance under this Agreement or related Transportation.
- You will report any motor vehicle accidents, injuries, medical emergencies, dangerous or illegal conduct, or other similarly serious incidents to UZURV as soon as it is safe to do so, and you will fully cooperate with UZURV throughout the process of resolving the matter.
- You will comply with the then-current versions of the UZURV policies, procedures, and requirements (which may be amended by UZURV from time to time) posted on UZURV’s website (at https://uzurv.com/uzurv-terms-and-policies/) or made available through the UZURV Platform.
G. Confidentiality
You agree not to use, disclose, or keep any documents, data, or information you obtain from, through, or in connection with this Agreement, the UZURV Services, the UZURV Platform, or Transportation (collectively, “Confidential Information”) for any purpose other than the for the performance of this Agreement or related Transportation. Confidential Information includes without limitation User Account information; photos, videos, or audio recordings of Users; pick-up and drop-off times and locations, and other details regarding Transportation; information regarding User preferences or mobility needs; and any information that is protected under any applicable laws and regulations such as the Health Information Portability and Accountability Act of 1996 (“HIPPA”) or state privacy laws. You will take reasonable measures to protect all Confidential Information, including not sharing your Account login information with unauthorized individuals; not discussing or verbally disclosing Confidential Information in the presence of third parties; and not leaving your mobile device in an unlocked or unprotected state where Confidential Information could be viewed or obtained by unauthorized parties. In the event of a breach or threatened breach of these Confidential Information provisions, then in addition to any other rights or remedies available to it at law or in equity, UZURV shall be entitled to seek injunctive and other equitable relief from a state or federal court, without the necessity of posting a bond or other security and without the necessity of proving that monetary damages would be an inadequate remedy.
H. Disclaimers
THE UZURV SERVICES AND THE UZURV PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. UZURV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN ADDITION, UZURV MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE UZURV SERVICES, THE UZURV PLATFORM, OR ANY TRANSPORTATION. UZURV DOES NOT REPRESENT OR WARRANT THAT THE UZURV SERVICES AND THE UZURV PLATFORM WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, MAINTENANCE FREE, OR ERROR-FREE BASIS, OR THAT THEY ARE IMPERVIOUS TO HACKERS, VIRUSES, MALWARE, CYBER-ATTACKS, OR OTHER HARMFUL ACTIONS OF THIRD PARTIES. UZURV DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING THE INFORMATION, GOODS, OR SERVICES PROVIDED BY USERS OR ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DRIVERS THAT PROVIDE TRANSPORTATION TO RIDERS. UZURV DOES NOT CONTROL, MANAGE, DIRECT, OR SUPERVISE USERS OR THIRD PARTIES. USERS AND THIRD PARTIES ARE NOT ACTUAL AGENTS, APPARENT AGENTS, EMPLOYEES, OR REPRESENTATIVES OF UZURV. IF A DISPUTE ARISES BETWEEN YOU AND ANY USER OR THIRD PARTY, YOU RELEASE UZURV FROM CLAIMS. LOSSES, AND LIABILITIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, REGARDING OR RELATING TO SUCH DISPUTES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE UZURV SERVICES AND/OR THE UZURV PLATFORM TO CONTACT AND COORDINATE TRANSPORTATION OR ANY OTHER SERVICES PROVIDED BY ANOTHER PARTY REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
I. Limitations of Liability
UZURV SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST OPPORTUNITIES, INACCURATE OR LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY OR DEATH, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE ARISING OUT OF, RELATED TO, IN CONNECTION WITH OR OTHERWISE RESULTING FROM THE UZURV SERVICES OR THE UZURV PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, WARRANTY, NEGLIGENCE AND OTHER TORTS, PRODUCT LIABILITY, AND ANY OTHER LEGAL OR EQUITABLE THEORIES THAT MAY BE AVAILABLE, EVEN IF UZURV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT UZURV HAS NO RESPONSIBILITY FOR THE INFORMATION, GOODS, OR SERVICES PROVIDED TO YOU BY OTHER USERS OR THIRD PARTIES.
IN NO EVENT WILL UZURV’S AGGREGATE LIABILITY ARISING OUT OF, REGARDING, OR RELATING TO THIS AGREEMENT, THE UZURV SERVICES, THE UZURV PLATFORM, AND/OR ANY TRANSPORTATION EXCEED THE AMOUNT YOU HAVE PAID TO UZURV (OR IN THE CASE OF DRIVERS, THE AMOUNTS YOU HAVE RECEIVED FROM UZURV) IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED US DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIMITATIONS OF LIABILITY AND LIMITATIONS ON AGGREGATE LIABILITY CONTAINED IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UZURV.
J. Indemnity
You agree to defend, indemnify, and hold UZURV, its Affiliates, and each of the aforementioned entity’s owners, shareholders, officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all actions, claims, demands, lawsuits, losses, liabilities, proceedings, costs, damages and expenses (including attorneys’ fees, expert fees, and other professional fees), arising out of, relating to, or in connection with: (1) your use of the UZURV Services, the UZURV Platform, or any information, goods, or services (including Transportation) obtained through the UZURV Services or the UZURV Platform; (2) your breach of this Agreement; (3) your violation of any applicable laws or regulations; (4) your violation of the rights of any other User or third-party; (5) any claim or allegation that you infringed the intellectual property rights of a party. Your obligations under this section shall apply without regard to the negligence of any other party, including any of the Indemnified Parties. You will not agree to any settlement or other resolution of a matter involving one or more Indemnified Parties, which requires an Indemnified Party to pay any monetary amounts or admit any fault or liability, without UZURV’s prior written approval of such settlement or resolution.
K. Jury Trial Waiver
EACH PARTY TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF, REGARDING, OR RELATING TO THIS AGREEMENT.
L. Waiver of Class Action and Other Representative Actions
Each party to this Agreement agrees that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, collective, coordinated, consolidated, mass, multi-plaintiff, joint, private attorney general, or any type of representative action, whether in arbitration, court lawsuit, or any other type of proceeding; and to the maximum extent permitted by law, you waive any and all rights you have to bring, join, participate in, or recover relief from any of the aforementioned types of proceedings (now and in the future, whether initiated by you or by someone else) against UZURV or involving UZURV, the UZURV Services, the UZURV Platform, or this Agreement.
M. Driver Independent Contractor Status
The relationship between UZURV and each Driver under this Agreement is solely that of an independent contractor. Each Driver is responsible for independently deciding if the Driver will accept a request for Transportation, and how to perform Transportation for each Rider. As a Driver, you understand and agree that nothing in this Agreement creates an employer-employee relationship, partnership, joint venture, or agency relationship between you and UZURV; provided however, you authorize UZURV to act as your limited payment collection agent solely for the purpose of collecting payment on your behalf in accordance with this Agreement. You agree that you do not have authority to act on UZURV’s behalf, and you will not hold yourself out to others as an agent, employee, partner, or representative of UZURV.
N. Termination and Survival
UZURV, in its sole discretion, may immediately terminate this Agreement or any UZURV Services with respect to you at any time for any reason. Upon termination, you will lose access to your Account, and your limited license to access and use the UZURV Platform will end. The expiration or termination of this Agreement shall not affect or impair any rights or obligations that have accrued prior to such expiration or termination. In addition, any provisions of this Agreement which by their nature extend beyond the termination or expiration of this Agreement shall survive such expiration or termination and shall continue to be binding and effective. Without any limitation, provisions which shall survive the expiration or termination of this Agreement include your obligations under Sections A, E, G, I, J, K, and L of this Agreement.
O. Additional Provisions
This Agreement constitutes the entire and exclusive understanding and agreement between you and UZURV, and supersedes and replaces any and all prior and contemporaneous oral or written understandings or agreements. This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to the conflict of laws or provisions thereof. You may not assign or transfer this Agreement in whole or in part, by operation of law or otherwise, without UZURV’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. UZURV may assign or transfer this Agreement, at its sole discretion, without restriction. There are no third-party beneficiaries to this Agreement, as this Agreement is for the sole benefit of you and UZURV as the parties to the Agreement. UZURV may only waive its rights under this Agreement through an express written waiver signed by its authorized representative, and such waiver shall be limited in scope and duration to only the right(s) specifically identified in the writing, without affecting UZURV ability to enforce the same or similar rights in future instances or occurrences; UZURV’s silence, inaction, or delay in enforcing its rights shall not be construed as a waiver of such rights. If a competent legal authority with jurisdiction over this Agreement determines that a provision in this Agreement is invalid or unenforceable, then the subject provision shall be severed from this Agreement only to the extent required by the determination, and the remaining provisions of this Agreement shall remain in full force and effect. Any notices you are required to provide to UZURV must be sent to the following address: UZURV Holdings, Inc., Attn: General Counsel, 700 E. Main St., Box 1106, Richmond, VA 23219.
UZURV has the right to amend, modify, or supplement the Terms of Service or any of the documents incorporated by reference as part of this Agreement at any time, effective immediately upon UZURV’s posting of the changes on UZURV’s website or on the UZURV Platform. Your use of the UZURV Services or the UZURV Platform after any such changes have been posted constitutes your acknowledgement and acceptance of the amendments, modifications, or supplements to the Agreement. If you do not wish to agree to the changes, you should not use the UZURV Services or the UZURV Platform after the changes have been posted.
P. State and Local Disclosures
Certain jurisdictions may require additional disclosures to you, such as requirements for Drivers, earnings information, and insurance information. You can view these disclosures on UZURV’s website at https://uzurv.com/uzurv-terms-and-policies/. 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.
Q. Definitions
Capitalized terms defined either in this Section, or in the context in which they first appear in the Agreement, will have the indicated meaning throughout the Agreement.
- 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.
- Driver: a User who uses the User’s vehicle to provide Transportation for Riders coordinated through the UZURV Services and/or the UZURV Platform. Note that a User cannot simultaneously be both the Driver and a Rider for the same instance of Transportation.
- Rider: a User who uses the UZURV Services and/or the UZURV Platform to receive Transportation provided by Drivers. In certain situations, the Rider may be the individual that uses the UZURV Services and/or the UZURV Platform to coordinate Transportation, whereas in other cases a third party (such as a transit authority, or the Rider’s designated representative) may coordinate Transportation on the Rider’s behalf. When multiple individuals share Transportation provided by a Driver (e.g. guest riders or personal care attendants), each individual is considered a “Rider” for purposes of this Agreement irrespective of which party was involved with coordinating such Transportation on behalf of the other individuals.
- Transportation: the services provided by a Driver to a Rider, beginning from when the Driver accepts a Rider’s request for a ride through the UZURV Platform, and continuing from the time the Driver is en route to pick up the Rider from the designated pickup location to the time the Rider has been driven to the location where the Rider exits the vehicle. Transportation ends when the Rider exits the Driver’s vehicle. Alternatively, Transportation may end if, for any reason, the Rider is not picked up at the designated pickup location after the Driver has accepted the Rider’s request for Transportation.
- User: a legal entity or individual person that uses the UZURV Services and/or the UZURV Platform to coordinate Transportation. Users may include Drivers, Riders, and various third parties, including third parties that are involved with requesting or scheduling rides on behalf of Riders.
- UZURV Platform: refers collectively to UZURV’s proprietary Internet-enabled software applications, websites, systems, facilities, technologies, and processes, as well as supporting documentation and information created, published, or otherwise made available by UZURV.
- UZURV Services: UZURV is a Transportation Network Company that provides Users with access to and use of the UZURV Platform subject to the terms and conditions of this Agreement. Through the UZURV Services and the UZURV Platform, a Rider requesting Transportation may be connected with a Driver that agrees to provide Transportation to the Rider. The UZURV Services include payment processing activities and call center support for the UZURV Platform. The UZURV Services do not include providing Transportation to a Rider.