Bruiner Terms of Service
Last Updated: March 22, 2021
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Lyft2, LLC, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Lyft2,”, "Bruiner", “we,” “us” or “our”) governing your use of the Lyft2 application (collectively, “Lyft2 App”, "Bruiner", "Bruiner App"), website, and technology platform (collectively, “Lyft2 Platform”, "Bruiner Platform").
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND Lyft2 CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST Lyft2 TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
By entering into this Agreement, and/or by using or accessing the Lyft2 Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE LYFT2 PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE Lyft2 PLATFORM. If you use the Lyft2 Platform in another country, you agree to be subject to Lyft2's terms of service for that country.
When using the Lyft2 Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and Lyft2.
1. The Lyft2 Platform
The Lyft2 Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.” As a User, you authorize Lyft2 to match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
In certain markets, Riders may have the option to rent bikes or scooters through the Lyft2 Platform to ride to their destination. In some markets these bikes and scooters are owned by Lyft2. In other markets Lyft2 operates a bike-share or scooter-share program on behalf of third parties. In either case, your rental and use of bikes and scooters through the Lyft2 Platform is subject to additional agreements between you and Lyft2 and third parties as applicable to the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE THE BIKES OR SCOOTERS IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control.
2. Modification to the Agreement
Lyft2 reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Lyft2 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. Continued use of the Lyft2 Platform or Rideshare Services after any such changes shall constitute your consent 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).
The LYFT2 Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Lyft2 Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Lyft2 Platform, each User shall create a User account. Each person may only create one User account, and Lyft2 reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Lyft2 programs and use of certain Lyft2 products or services may be subject to additional eligibility requirements as determined by Lyft2.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a Lyft2 account for such minor to use the Lyft2 Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the Lyft2 Platform is limited solely to accessing and using bike-share or scooter-share services where expressly permitted under the Supplemental Agreement applicable to such services, (b) you determine that the bike-share and scooter-share services are suitable for the minor, (c) you ensure that the minor’s use of the Lyft2 Platform and applicable bike-share or scooter-share services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the Lyft2 App, (d) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, (e) you explain the terms of this Agreement to the minor, and (f) you expressly guarantee the minor’s acceptance of the terms of this Agreement.
By creating a Lyft2 account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of the Lyft2 Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
As a Rider, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges related to bikes and scooters are addressed in the applicable Supplemental Agreement. Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. Lyft2 has the authority and reserves the right to determine and modify pricing by quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury). You are responsible for reviewing the applicable price quote within the Lyft2 App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of Fares, variable and quoted. Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride. Quoted Fares. In some cases Lyft2 may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Lyft2 Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Lyft2 does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable. Fees and Other Charges. Service Fee. You may be charged a “Service Fee” for each ride. Prime Time. At certain times, including times of high demand for Rideshare Services (“Prime Time”), you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time increases in effect at the time of your request. For Quoted Fares we may factor in the Prime Time increases into the quoted price of the ride. Cancellation Fee. After requesting a ride you may cancel it through the Lyft2 App, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn more about Lyft2’s cancellation policy, including applicable fees. Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Lyft2 in its sole discretion), towards vehicle repair or cleaning. Lyft2 reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Tolls. In some instances tolls (or return tolls) may apply to your ride. Lyft2 does not reimburse tolls for drivers. Other Charges. Other fees and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, or event fees as determined by Lyft2 or its marketing partners. In addition, where required by law Lyft2 will collect applicable taxes. Tips. Following a ride, you may elect to tip your Driver in cash or through the Lyft2 Platform. You may also elect to set a default tip amount or percentage through the Lyft2 App. Any tips will be provided entirely to the applicable Driver.
General. Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Lyft2 may replace its third-party payment processor without notice to you. Charges shall only be made through the Lyft2 Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Lyft2 satisfies your payment obligation for your use of the Lyft2 Platform and Rideshare Services. Lyft2 may group multiple Charges into a single aggregate transaction on your payment method based on the nature of the Charges and/or the date(s) they were incurred. If you don't recognize a transaction, then check your ride receipts and payment history. No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Lyft2 Platform, any disruption to the Lyft2 Platform or Rideshare Services, or any other reason whatsoever. Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the Lyft2 Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, Lyft2 may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Lyft2 App. Credit Card Authorization. Upon addition of a new payment method or each ride request, Lyft2 may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms described herein, which shall form part of this Agreement between you and Lyft2.
1. Driver Fare. You are entitled to a Driver Fare for the Rideshare Services you perform for Riders, as provided in this Agreement. The “Driver Fare” for a completed ride consists of a base fare or pickup fare amount plus incremental amounts based on the actual time and distance of the ride, as measured by Lyft2. Lyft2 reserves the right to determine the actual amount paid to a Driver for a ride request. The Driver Fare may vary by including but not limited to by factors such as the market where you provide Rideshare Services or pick up a particular ride, the date you applied or became approved as a Driver, the vehicle type you use or your use of an Express Drive or rental vehicle, and the type of service you are providing (for example, economy, shared, extra seats, or luxury). The rates from the market in which you pick up the Rider will apply to that ride. Please note that some larger markets (like the San Francisco Bay Area) have different rates for different sub-regions within the larger market. In that case, the rates from the sub-region in which you pick up the Rider will apply to that ride. In certain situations, the Driver Fare may be predetermined (such as a flat rate trip), or subject to certain minimum or maximum amounts. In some situations where a Rider cancels a ride request that you have accepted, you may earn a cancellation fee. You agree Lyft2 makes no representation or warranties concerning the amount you will recieve for a cancellation or a completed ride. Your Driver Fare and cancellation fee is subject to change in Lyft2's discretion and without notice to you. By continuing to use the Lyft2 Platform, you are deemed to accept these changes.
2. Additional Payments to You. In addition to the Driver Fare, you will receive the following payments, if applicable: (i) any tips provided by a Rider to you, (ii) any damage charges we collect on your behalf, and (iii) any bonuses or incentives you earn based on your provision of Rideshare Services.
3. Payments, Adjustments and Settlement. Lyft2 will collect payments owed to you by Riders and other third parties as your limited payment collection agent and you agree that the receipt of such payments by Lyft2 satisfies the payer’s obligation to you. Lyft2 reserves the right to adjust or withhold all or a portion of a Driver Fare or other payment owed to you (except tips) (i) if we believe that you have attempted to defraud or abuse Riders, Lyft2, or Lyft2’s payment systems, (ii) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Rideshare Services in the Lyft2 application when the ride was over), or (iii) if you end a ride at a location that is different than the destination submitted through the Lyft2 App. Lyft2’s decision to adjust or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Driver Fares with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. 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.
4. Rider Charges. Lyft2 will charge the Rider an amount calculated or determined by Lyft2 on your behalf for the Rideshare Services you perform for Riders (the "Rider Charges"). Rider Charges may be determined after the ride is completed based on the time and distance of the ride (a "Variable Charge"). Alternatively, Rider Charges may be quoted in advance and fixed at the time of the ride request (a "Quoted Charge"). A Quoted Charge may differ from what the Variable Charge would have been for the same ride (as Variable Charges change depending on a number of dynamic factors). In either case, your payment for Rideshare Services shall be the Driver Fare as described in the Sections 1-3 above. Riders may elect to add an additional tip to you on top of the Rider Charges. The tip shall be paid entirely to you and shall be considered separate from the Rider Charges. Unless we indicate to you otherwise, the Rider Charges includes the Driver Fare, fees retained by us (including the Service Fee and Platform Fee described below), and any Third Party Fees. “Third Party Fees” include any applicable airport fees, or any state or local fees, surcharges or taxes imposed on the provision of Rideshare Services or Lyft2’s provision of the Lyft2 Platform that Lyft2 is required by law or agreement to collect and remit to third parties.
5. Lyft2 Fees. In exchange for facilitating the Rideshare Services that you provide to Riders, you agree to pay Lyft2 (and permit Lyft2 to retain) a fee based on each transaction in which you provide Rideshare Services ("the Lyft2 Fees"), comprised of a service fee (“Service Fee") and platform fee ("Platform Fee"). The Service Fee shall be a set amount for each ride as determined by Lyft2. The Platform Fee shall be a variable amount equaling the Rider Charges minus: (i) the Driver Fare, (ii) the Service Fee, (iii) any Third Party Fees that Lyft2 collects, and (iv) any bonuses or incentives you earn based on your provision of Rideshare Services. In the event of a ride where the combination of (i)-(iv) above is greater than the Rider Charges, no Platform Fee will be charged to you for that ride. In such cases, any excess amounts that you receive will be an adjustment to your Platform Fee (or if necessary, as an adjustment to another payment owed to you). The Platform Fee may include any event fees in effect (as determined by Lyft2) based on the location of the pick-up or drop-off of the ride. For your convenience, Lyft2 may collect the Service Fee and applicable event fees from Riders on your behalf to offset your payment of such fees to Lyft2. The Lyft2 fees may be communicated to you weekly on an aggregated basis. In addition, Lyft2 may charge you other fees on a one-time, recurring or periodic basis. The amount of such fees may vary by market or other factors and shall be communicated to you in advance of incurring the fee.
6. Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the "Stripe Terms"). By using the Lyft2 Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Lyft2 enabling payment processing services through Stripe, you authorize Lyft2 to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Rideshare Services as contemplated by the Agreement and your relationship with Lyft2. You further agree to provide accurate and complete information about you and your business, and authorize Lyft2 to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Lyft2 reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
7. Promotions and Coupons. Lyft2 may, at its discretion, offer promotional or other Coupons to Riders, however such discounts shall not impact the Driver Fare or any other payments owed to you. You agree that Lyft2 may sell passes or subscriptions (each, a “Ride Pass”) on your behalf to generate additional leads for your Rideshare Services. Ride Passes entitle Riders to receive discounted or capped fares for qualifying rides (subject to certain limitations, terms and conditions). When a Rider uses a Ride Pass to receive a qualifying ride, Lyft2 will use the Ride Pass payment in satisfaction of the ride total Charges subject to the terms and conditions of the Ride Pass. Your payment for Rideshare Services arranged with a Ride Pass will be determined based on the Driver Fare for the ride as provided herein. In the event that Ride Pass collections from a Rider exceed qualifying ride Charges (if any), you agree that as between you and Lyft2, and to the extent permitted by law, Lyft2 may retain such excess amounts in consideration for Lyft2's sales and marketing of Ride Passes.
No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Lyft2 and its Affiliates may seek to generate additional demand for your Rideshare Services from new and existing Riders. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
6. Lyft2 Communications
By entering into this Agreement or using the Lyft2 Platform, you agree to receive communications from us or communications related to the Lyft2 Platform at any of the phone numbers provided to Lyft2 by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Lyft2, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Lyft2 Platform or Rideshare Services, use of bikes and scooters through the Lyft2 Platform, updates concerning new and existing features on the Lyft2 Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Lyft2 and industry developments. If you change or deactivate the phone number you provided to Lyft2, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY SENDING AN EMAIL TO LYFT2@OUTLOOK.COM WITH THE HEADER SET TO "UNSUBSCRIBE EMAIL". YOU ACKNOWLEDGE THAT YOU ARE REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE LYFT2 PLATFORM OR RELATED SERVICES.
7. Your Information
Your Information is any information you provide, publish or post to or through the Lyft2 Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Lyft2-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Lyft2 Platform and participate in the Rideshare Services. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Lyft2 to use your Information for the purposes described in 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. Lyft2 does not assert any ownership over your Information; rather, as between you and Lyft2, 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.
8. Promotions, Referrals, and Loyalty Programs
Lyft2, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Lyft2. Lyft2 reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Lyft2 determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Lyft2 reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you. Currently, Lyft2’s referral program provides you with incentives to refer your friends and family to become new Users of the Lyft2 Platform in your country (the “Referral Program”).
9. Restricted Activities
With respect to your use of the Lyft2 Platform and your participation in the Rideshare Services, you agree that you will not: impersonate any person or entity; stalk, threaten, or otherwise harass any person, or carry any weapons; violate any law, statute, rule, permit, ordinance or regulation; interfere with or disrupt the Lyft2 Platform or the servers or networks connected to the Lyft2 Platform; post Information or interact on the Lyft2 Platform or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; use the Lyft2 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 Lyft2 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 Lyft2 Platform; “frame” or “mirror” any part of the Lyft2 Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Lyft2 Platform; rent, lease, lend, sell, redistribute, license or sublicense the Lyft2 Platform or access to any portion of the Lyft2 Platform; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Lyft2 Platform or its contents; link directly or indirectly to any other web sites; transfer or sell your User account, password and/or identification, or any other User's Information to any other party; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; violate any of the Referral Program rules if you participate in the Referral Program; or cause any third party to engage in the restricted activities above.
10. Driver Representations, Warranties and Agreements
By providing Rideshare Services as a Driver on the Lyft2 Platform2, you represent, warrant, and agree that: You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services. You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Lyft2 community or third parties. You will only provide Rideshare Services using the vehicle that has been reported to, and approved by Lyft2, and for which a photograph has been provided to Lyft2, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance). You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement. You will not attempt to defraud Lyft2 or Riders on the Lyft2 Platform or in connection with your provision of Rideshare 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 and take any other action against you available under the law. You will not discriminate against Riders with disabilities. You will make reasonable accommodation as required by law for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services. You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.
11. Intellectual Property
All intellectual property rights in the Lyft2 Platform shall be owned by Lyft2 absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Lyft2 Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Lyft2. Lyft2 shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
LYFT2 and other Lyft2 logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Lyft2 in the United States and/or other countries (collectively, the “Lyft2 Marks”). If you provide Rideshare Services as a Driver, Lyft2 grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Lyft2 Marks solely on the Lyft2 stickers/decals, Lyft2 Amp, and any other Lyft2-branded items provided by Lyft2 directly to you in connection with providing the Rideshare Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Lyft2’s prior written permission, which it may withhold in its sole discretion. The Lyft2 logo (or any Lyft2 Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Lyft2 Mark in a domain name or Lyft2 referral code, or use of a Lyft2 Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Lyft2 Platform, but may not misidentify yourself as Lyft2, an employee of Lyft2, or a representative of Lyft2.
You acknowledge that Lyft2 is the owner and licensor of the Lyft2 Marks, including all goodwill associated therewith, and that your use of the Lyft2 logo (or any Lyft2 Marks) will confer no interest in or ownership of the Lyft2 Marks in you but rather inures to the benefit of Lyft2. You agree to use the Lyft2 logo strictly in accordance with Lyft2’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Lyft2 determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Lyft2 Marks or any derivatives of the Lyft2 Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Lyft2 in writing; (2) use the Lyft2 Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Lyft2 Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Lyft2’s rights as owner of the Lyft2 Marks or the legality and/or enforceability of the Lyft2 Marks, including, challenging or opposing Lyft2’s ownership in the Lyft2 Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Lyft2 Marks, any derivative of the Lyft2 Marks, any combination of the Lyft2 Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Lyft2 Marks; (5) use the Lyft2 Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the Lyft2 driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Lyft2 driver amps or other Lyft2 Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Lyft2.
Violation of any provision of this License may result in immediate termination of the License, in Lyft2’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Lyft2 Marks (in violation of this Agreement or otherwise), you agree that upon their creation Lyft2 exclusively owns all right, title and interest in and to such materials, including any modifications to the Lyft2 Marks or derivative works based on the Lyft2 Marks or Lyft2 copyrights. You further agree to assign any interest or right you may have in such materials to Lyft2, and to provide information and execute any documents as reasonably requested by Lyft2 to enable Lyft2 to formalize such assignment. Lyft2 respects the intellectual property of others, and expects Users to do the same.
13. Insurance Disclosure
Lyft2 facilitates rides between passengers and private drivers using their own personal vehicles. IN NO EVENT WILL LYFT2, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “LYFT2” FOR PURPOSES OF THIS SECTION), BE LIABLE YOU FOR ANY BODILY, AND PROPERTY DAMAGES THAT YOU MAY INCUR DURING THE USE OF THE LYFT2 PLATFORM. LYFT2 IS NOT LIABLE TO MAINTAIN AN AUTO OR PERSONAL INSURANCE POLICY FOR DRIVERS AND/OR RIDERS. IT IS YOUR SOLE RESPONSIBILITY TO PROVIDE YOUR OWN BODILY AND AUTO INSURANCE.
You will defend, indemnify, and hold Lyft2 including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Lyft2 Platform and participation in the Rideshare Services, including but not limiting to: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Lyft2 Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
15. Limitation of Liability
IN NO EVENT WILL LYFT2, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “LYFT2” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY VEHICLE DAMAGES, BODILY INJURY, PHYSICAL INJURIES, MENTAL INJURIES, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE LYFT2 PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE LYFT2 PLATFORM, RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LYFT2 PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT LYFT2 HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Term and Termination
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Lyft2; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Lyft2 may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Lyft2’s star rating or cancellation threshold; (3) Lyft2 has the good faith belief that such action is necessary to protect the safety of the Lyft2 community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Lyft2’s reasonable satisfaction prior to Lyft2 permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Lyft2’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and Lyft2. YOU AND LYFT2 MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with Lyft2 ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Lyft2, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Lyft2’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND LYFT2. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Lyft2 Platform, the Rideshare Services, rental or use of bikes or scooters through the Lyft2 Platform, Lyft2 promotions, gift card, referrals or loyalty programs, any other goods or services made available through the Lyft2 Platform, your relationship with Lyft2, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Lyft2’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Lyft2, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by Lyft2 and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND Lyft2 ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief. YOU UNDERSTAND AND AGREE THAT YOU AND Lyft2 MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND Lyft2 BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST LYFT, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
(c) Representative PAGA Waiver. Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Lyft2 agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Lyft2 agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration. Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and Lyft2 will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards. The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications: If Lyft2 initiates arbitration under this Arbitration Agreement, Lyft2 will pay all AAA filing and arbitration fees. With respect to any Claims brought by Lyft2 against a Driver, or for Claims brought by a Driver against Lyft2 that: (A) are based on an alleged employment relationship between Lyft2 and a Driver; (B) arise out of, or relate to, Lyft2’s actual deactivation of a Driver’s User account or a threat by Lyft2 to deactivate a Driver’s User account; (C) arise out of, or relate to, Lyft2’s actual termination of a Driver’s Agreement with Lyft2 under the termination provisions of this Agreement, or a threat by Lyft2 to terminate a Driver’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including Lyft2’s commission or fees on the Fares), tips, or average hourly guarantees owed by Lyft2 to Drivers for Rideshare Services, other than disputes relating to referral bonuses, other Lyft2 promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Driver Claims”), Lyft2 shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Lyft2 pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Rideshare Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(2), the term “Driver” shall be deemed to include both Drivers and Driver applicants who have not been approved to drive. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.). At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law. Although under some laws Lyft2 may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Lyft2 agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)). If the arbitrator issues you an award that is greater than the value of Lyft2’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then Lyft2 will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration. Unless you and Lyft2 agree otherwise, any arbitration hearings between Lyft2 and a Rider will take place in the county of your billing address, and any arbitration hearings between Lyft2 and a Driver will take place in the county in which the Driver provides Rideshare Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the Lyft2 Platform or Rideshare Services. Where these claims are brought in a court of competent jurisdiction, Lyft2 will not require arbitration of those claims. Lyft2's agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
(h) Severability. Except as otherwise provided in the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Driver Claims in Pending Settlement. If you are a member of a putative class in a lawsuit against Lyft2 involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action. As a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e)(2) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in Lyft2’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with Lyft2. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying Lyft2 in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by electronic mail to firstname.lastname@example.org.
Cases have been filed against Lyft2 and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against Lyft2 alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with Lyft2 under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Lyft2 in an individual arbitration, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of any Driver Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation Process. Before initiating any arbitration or proceeding, you and Lyft2 may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Lyft2. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Lyft2’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Lyft2 for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Lyft2 Platform any User Information obtained from the Lyft2 Platform. As a Driver, you understand that some of Rider Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped off the Rider, as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Lyft2 in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Lyft2 with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Lyft2 or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Lyft2; becomes known to you, without restriction, from a source other than Lyft2 without breach of this Agreement by you and otherwise not in violation of Lyft2’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Lyft2 to enable Lyft2 to seek a protective order or otherwise prevent or restrict such disclosure.
19. Relationship with Lyft2
As a Driver on the Lyft2 Platform, you acknowledge and agree that you and Lyft2 are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Lyft2 expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Lyft2; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Lyft2, and you undertake not to hold yourself out as an employee, agent or authorized representative of Lyft2. Lyft2 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 Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Lyft2 Platform. Lyft2 does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Lyft2 Platform. You retain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via the Lyft2 Platform, or to cancel an accepted request for Rideshare Services via the Lyft2 Platform, subject to Lyft2’s then-current cancellation policies. Lyft2 does not, and shall not be deemed to, require you to accept any specific request for Rideshare Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, Lyft2 shall have no right to require you to: (a) display Lyft2’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Lyft2’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Rideshare Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Rideshare Services to other companies, and that Lyft2 does not, and shall not be deemed to, restrict you from engaging in any such activity.
20. Other Services
In addition to connecting Riders with Drivers, the Lyft2 Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the Lyft2 Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Lyft2 Platform, you authorize Lyft2 to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Lyft2 is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Lyft2 Platform.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non- Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Lyft2, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Lyft2 shall be given by certified mail, postage prepaid and return receipt requested to Lyft2, LLC. Any notices to you shall be provided to you through the Lyft2 Platform or given to you via text, call, the email address or physical you provide to Lyft2 during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Lyft2 with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.